HomeMy WebLinkAboutInvitation to BidBid Due Time: 2:00 p.m. (Local Time)
Mayor Francis Suarez
Commissioner Wifredo "Willy" Gort, District 1
Commissioner Ken Russell, District 2
Commissioner Joe Carollo, District 3
Commissioner Manolo Reyes, District 4
Commissioner Keon Hardemon, District 5
City Manager Emilio T. Gonzalez, Ph.D.
Issued By:
City of Miami
Department of Procurement
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
CoverPape--•.............................•---•---•--•-•------..........-•-------............-----........---•-•---........-•-------............_-•------....--•--•--......... 1.
Table of Contents ................. 2
Notice to Contractors 7
Section 1 - Definitions 10
Section 2 - Instructions for Submission
1.
Intention of the City.................................................................................................................•-..........13
2.
Scope of Work.............----•-••••........-•-----••---•-•........••-••-.....-•--------••••...........•---.......................-----•.
13
3.
Location of the Project
13
4.
Performance of the Work....................................................................13.
5.
Examination of Contract Documents and Site
13
6.
Addenda14
••--•••--•-••-----•--••-•••-•.....--•••••--•••--•-•---...••-••--••---•-••-•-•....... --•-••-----•--------•--------•
...................
7.
Bid Submission
14
8.
Bid Guaranty .........................14
.........................
9.
Preparation of Bid----•----•.....................................................................................................14
10.
Pre -Bid Conference ........................ -................................... -............ .......--...............................
15
11.
Postponement of Bid Opening Date•••.............•-••••--........••-•-••-•.......•-•••••--...............:__.....
15
1.2.
Acceptance or Resection of Bids; Waiver of Technicalities, etc. .....................................................
15
13.
Environmental Regulations
15
14.
Bid Award
15
15.
Bid Protest (Reference Section 18-104 of the City Code) ........
16
16.
Small and Disadvantaged Firm Participation ..............................
16.
17.
State and Local Preferences16
•••---•.........•--•-•....--••-•••-•...................................•-•......................
18.
Subcontractor and Small Business Participation Reporting ..............................................................
17
19.
Cone of Silence
7
. --
20.
Public Entity Crime..--------------------••••-•-•.......--•---•••.........---••...........•----•-••.........-•----..................17
21.
Fraud and Misrepresentation
17
22.
Title VI/Nondiscrimination Program - Policy Statement ..............................................
18
23.
Collusion
18
24.
Contractor in Arrears or Default18
.......................... --•••--•--•--••-•----••-•--••••----
--------- .................
25.
Cancellation of ITB
18
Section 3 -
General Terms and Conditions
1.
Time is of the Essence19
•---....-----•---•................•---.........-----........._.__..._..........-------........_...----.................19
2.
Contract Term•..........................•••--••.................--•-•...........---.........•-•----•..........-----....................................
3.
Contract Price and Guaranteed Maximum Cost19
....•••-••.........-•-•..............•...........................--..19
4.
Notices------•-------------•••--•-••-••-••----••---------....................... ..............................................................
5.
Priority of Provisions ........................... ............... -.....................................................................
0
6.
Indemnification
21
7.
Insurance
22
8.
Performanceand Payment Bond •.....•-•.......................•••..........-•-•--••---•...................................
24
9.
Qualification of Surety........................................................................................................................24
10.
General Requirements ....-.•...................•----..........._...................
24
11.
Method of Performing the Work--•-•..................................................•----•............----...........................25
12.
Work Staging and Phasing ........................
....................
25
13.
Site Investigation and Representation ... _................ ........ ________________________•_____-__-_-___.________._.__-___.26
14.
Contractor to Check Plans, Specifications and Data
26
15.
Contractor's Responsibility for Damages and Accidents ____________________________________________
26
16.
Accidents ......... ............... ....................... -............................ ................ ............... ..-.-.-
26
........................... ..
17.
Safety Precautions
27
Metromover Station Access 2 ITB No.: 17-18-058
Improvements - Project No.: B-183614
18.
Occupational Health and Safety........................•-•--•......-----......-----........----...........------.....•----.........--_.28
19.
Labor and Materials
28
20.
Rules, Regulations, Laws, and Licenses__________________________________________________________________________________
28
21.
Consultant Services
28
22.
Project Management....................................•------........-----......-•----•---••--•-----------------....---------....29
23.
Superintendence and Supervision
29.
24.
Subcontractors
30
25.
Authority of the Project Manager---•-------------------------------------------------------•------------------.........._
30
26.
Inspection of Work
31
27.
Taxes ...
31,
28.
Separate Contracts_....------•..............................................
31
29.
Lands of Work..................................•-------........-------....--------............-.........-.--.......•---...----•---.......--.--_.32
30.
Coordination of Work
32
31.
Differing Site Conditions................................................••-•------......--------.....------•-----------............---..32
32.
Existing Utilities
33
33.
Contractor's Responsibility for Utility Properties and Service ___________________________________
33
34.
Interfering Structures...........
33
35.
Field Relocation -.-...---•-----------•------------------------------------•------------...------------------------------
344
36.
Contractor's Use of Project Sitels).................................................•--.....-•----..........----.....-----............
34
37.
Warranty of Materials and Equipment.......................................•----...................................---..........._
34
38.
Material and Equipment Shipment, Handling, Storage and Protection ............................
34
39.
Manufacturer's Instructions..........................•----.......------....-•----......--•------...------...........---........-------_...
35
40.
Manufacturer's Warranty
36
41.
Reference Standards----------------------•---------------------------------......---------------------------------
................6
42.
Submittals --------------------------------------•-------------.....--------•-•-------------------------------........------.-----------------------
36
43.
Shop Drawings..............-•----........----•-......-•------........-----........----.......-----.......---------------..........--•---.
37
44.
Product Data
38
45.
Samples..........................•--•-------.......------.......................------.......-----.....................------..............---------
38
46.
Record Set ...........................................•-------..........---............................-•---------..................---..........•--_.....
39
47.
Supplemental Drawings and Instructions___..__a.............................................................39.
48.
Contractor Furnished Drawings
39
49.
Substitutions
39-
50.
City FurnishedDrawings ...
4
51.
Interpretation of Drawings and Documents _______________________ _____________ ____________________________
40
1
52.
Product and Material Testing ..................
41-
53.
Field Directives ...........................
.........s
41
54.
Changes in the Work or Contract Document.•___-•_________________________________•_•----__--_-_.•-__--._•__--_--..•-•.--_-_
41_
55.
Continuing the Work .....................•------......-•---.......------......------........-----................------..........-_....
41
56.
Change Orders
._ 41.
...................
57.
Change Order Procedure-•-------------------•-----------•----------------------------------...------....-----------...---------.----
442
58.
No Oral Changes-------•------------•------------------------------------•--------------......................................
43
59.
Value of Change Order Work_........
43
60.
Extra Work Directive .........................•-•------..................---.....--•------....-•---..................------------..
45
61.
As-Built Drawings .................
46.............................................••-•------........---._.....-•---._.......-•--•--•-------........_
62.
Worker's Identification - ---------------•... .......................... .....------......-----•--•-•-•-----••---..............---............._
47
63.
Removal of Unsatisfactory Personnel......................................................•_••--•-----•--•---_-•-•-•-•--------....
47
64.
Substantial Completion, Punch List and Final Completion
47
65.
Acceptance and Final Payment......
48
66.
NPDES Requirements
48
67.
Force Majeure---------------------•--•-•-------------....----------...---------...-----------•-----------...------------.-----------------------48
68.
Extension of Time48
---------------•-•-•-•-------...-----------•-•------•------------...---------.................................
69.
Notification of Claim
48
4
70.
Extension of Time Not Cumulative
49
71.
Contractor's No Damages for Delay; Time Extensions Only..........................................................49
72.
Excusable Delay, Non-Compensable.................................................. ..................
................49.
Metromover Station Access 3 ITB No.: 17-18-058
Improvements - Project No.: B-183614
73.
Lines and Grades
50
74.
Defective Work
50
75.
Acceptance of Defective or Non -Conforming Work50
76.
Uncovering Finished Work ....... ---....60
77.
Correction of Work
50
78.
Maintenance of Traffic and Public Streets51
79.
Location and Damage to Existing Facilities, Equipment or Utilities
52
80.
Stop Work Order ......................... -----•----------................................... ------•------•----------------53
81.
Hurricane Preparedness
b3
...........
82.
Use of Completed Portions ............................•---.............................................. ...................
53
83.
Cleaning Up; City's Right to Clean Up ....................... -.......................................................... ............
54
84.
Removal of Equipment .......................................................................................................................
54
85.
Set -offs, Withholdings and Deductions
54
86.
Event of Default
54
87.
Notice of Default -Opportunity to Cure -----....................... _----.............. .......................................
......
88.
Termination for Default
55
89.
Remedies in the Event of Termination for Default
56
90.
Termination for Convenience56.
-----------------••------------•------ .....................................................
91.
Resolution of Disputes.........................................•-----............------------.......-•------...............--------..........57
92.
Mediation -Waiver of Jury Trial
58
93.
City May Avail Itself of All Remedies ...-•-------•-•---••--•--•...................•---......-•-•------------........-----------
58
94.
Permits, Licenses and Impact Fees
58
95.
Compliance with Applicable Laws......................................•--....----------..................................---------••-59
96.
Independent Contractor59
...................... --..............................................................................................
97.
Third Party Beneficiaries------------------------------------------------------------- ..--- •------------- ........................ ....
....59
98.
Successors and Assigns.......... -• ....................
99.
Materialitv and Waiver of Breach
60
100.
Severability ..... ............................
101.
Applicable Law and Venue of Litigation______________________________________________________________________
60
102.
Amendments
60
103.
Entire Agreement ...60
104.
Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act
60
105.
Evaluation62
----------------------------------•-------------......-----------.....-------------- ............................... ..................
106.
Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade
County and the State of Florida ...............................•--........-----•--............-•-•----...................---...........
62
107.
Royalties and Patents ••---•--------------------••--••-•---------.......----------........----•---•--......------------------............62
62
108.
Continuation of the Work
109.
Review of Records ...................................................• --------•-..........---....--------...........63
62
110.
No Interest
111.
Payments Related to Guaranteed Obligations
63
112.
Consent of City Required for Subletting or Assignment ____ ___ ___----------------------------------63
113.
Agreement Limiting Time in Which to Bring Action Against the City _ ________ _________________________
63
114.
Defense of Claims ........-•...............................•-•-............---------..........------...................------------...
63
115.
Contingency Clause
64
116.
Mutual Obligations......................•-------..........---------.........-•---••-------.....-•---------•---•--..............64
117.
Contract Extension .........................•---.........---•--..........-----------..........------...........-------..........................
644
118.
Non-Exclusivity.................................................................................................................................
64
... . 4
119.
Nature of the Agreement...............................................................................................•.......---------
64
120.
Contract Documents Contain All Terms ................................................• --.............----•--•--------..........-65
64
121.
Survival
----
122.
Compliance with Federal Endangered Species Act and Other Wildlife Regulations
65
123.
..................
Compliance with Section 4(f) of the USDOT Act
65
Section 4 - Supplemental Terms and Conditions
1. Contract Time and Hours 66
Metromover Station Access 4 ITB No.: 17-18-058
Improvements - Project No.: B-183614
2.
LEED Certification (Not Applicable) -••-•-----•...........................................................................•--•-------_66.
1.
3.
Progress Payments --------•-... .......................•-_66
2.
4.
Liquidated Damages............................•--........................................------..........--•--.........---------------......66
3.
5.
Schedule of Values
66
6.
Proiect Schedules .67
5.
7.
Release of Liens/Subcontractor's Statement of Satisfaction
67
8.
Progress Meetings.-•----------------•----------•---•-•-----•--••----•--------------.............................-----•...................-----
68
9.
Request for Information
10.
Project Site Facilities68
„
„
11.
Inspection of Work - Intentionally Omitted ...........................................................
•------------ 69
12.
Security. ...................................... ............... :....... _--------------------------------------------•---------••----•----•-•---
69
13.
Construction Signage
69
14.
Construction Photographs-•-------------------•------•-•------------•-•----..............................
69
15.
City Furnished Property..................................•-.....................................-•-•--•................---------------......69
16.
Geotechnical Testing - Intentionally Omitted ..............................................
69
17.
Field Layout of the Work and Record Drawings for Drainage Protects ,_,,,__-„....... ,,_,_„,,,,,,,,,,,,,,,,
69
18.
Survey Work for Drainage Projects .----------••--------••-•------•-----•......................................................•-----71-
19.
Buy America Requirements --------------------------------------------------------------------------------------------
71
-
20.
Contractor Purchased Equipment for State or Local Ownership ______________________„__,_,_____,___,,,,,,_,____
71,
21.
Equipment Rental Rates
,__„________________71
22.
Prohibition Against Convict Produced Materials
23.
FHWA-1273 / Required Contract Provisions for Federal -Aid Construction Contracts and FDOT
LAP Division 1 Specifications
72
24.
Wage Rates for Federal -Aid Projects ......... •-------------------•--------------------------------------------------------
------ 72
25.
Publicly Owned Equipment
73
26.
Public Agencies in Competition with the Private Sector
73
27.
FDOT Specifications..................................................... ..............
73
28.
On The Job Training Requirements __,___„,,,,,,,,,,,,,,,,,,73
29.
Owner Force Account Contracting .
73
30.
E -Verify - Mandatory Use
73
Section 5 - Bid Form
1.
Bid Form
74
Section 6 - Attachments
1.
Bid Bond Form
84
2.
Questionnaire ......................•-----------------------------•-•--•----....---............................................---••-•-•---........_.
87
-
3.
Customer Reference Listing...................•-------...........--------------------•-----•---••--•------.....................---------.91,
1.0.8
4.
Form Reference Letter
92
5.
FDOT Form 275-030-11----------------••-
------.._..._._......--••------------------------------------------------------...----•-----------
93
6.
FDOT Form 375-040-62.................................•..................------------------•---------------------------•----
--•--•--95
7.
FDOT Form 525-010-46
96
8.
Federal Wage Rates -FL 221
98
9.
City of Miami Code of Ordinances Ch. 18. Sec. 18-542
103
Section 7 - Contract Execution
1.
Contract Execution Form
106
2.
Corporate Resolution ...............................................................................................•-•-----........
107
3.
Form of Performance Bond
1.0.8
4.
Form of Payment Bond
110
5.
Certificate as to Corporate Principal „
112
6.
Performance and Payment Guaranty Form and Unconditional/Irrevocable Letter of Credit
113
7.
Joint Venture Form
115
Metromover Station Access 5 ITB No.: 17-18-058
Improvements - Project No.: B-183614
Section 8 —
LAP Supplemental
1.
LAP Division 1 Specifications (Off -System)
117
2.
Section1 — Division of Terms
118
3.
Section 4 — Scope of the Work1.18
-
4.
Section 5 — Control of the Work (Final Acceptance and Claims)
126
5.
Section 6 — Control of Materials ...............•---...
130
..........................
6.
Section 7 — Legal Requirements and Responsibilities to the Public _ ..................................134
7.
Section 8 — Prosecution of Work
143
8.
Section 9 — Measurement and Payment -•---------------------------------------------------------••--•••--•-•--•
145
9.
Superpave Asphalt for LAP (Off-System)......••-•-••-•--•-•--•--••-•....................•--•--•--••••-•..........-••-•-------.150
10.
Concrete for LAP (Off-System)-------------•-••---•---................-•--•---••--•---------••------------...........................158
11.
Earthwork and Related Operations for LAP (Off-System)...........................161
.-- ........
12.
Landscape Installation for LAP (Off-System).................................................................................169
13.
Appendices A and E.........................................................
..... •--•--••• •--•--•......................................
.......--•----••-- •........
---------------
14.
FDOT Form 375-030-33
174
15.
FDOT Form 375-030-34
175
16.
FDOT Form 375-030-32
177
17.
FDOT Form 575-060-13'i
------------------------------------------------------------------------------------------------------••••.
•-- 7-6
18.
FHWA-1273
182
Metromover Station Access 6 ITB No.: 17-18-058
Improvements — Project No.: B-183614
INVITATION TO BID No.: 17-18-058
NOTICE TO CONTRACTORS
Sealed Bids will be received by the City of Miami, Office of the City Clerk, City Hall, 11t Floor, 3500 Pan
American Drive, Miami, Florida 33133-5504 for:
METROMOVER STATION ACCESS IMPROVEMENTS — PROJECT No.: B-183614
Issue Date: October 3, 2018
Bid Due Date: November 6, 2018, at 2:00 p.m. (Local Time)
Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary for pedestrian
crossing at various streets including pavement markings, Americans with Disabilities Act (ADA) ramps, sign
installation and some signal work.
The full Scope of Work is detailed in the construction drawings.
Minimum Requirements: Prospective Bidders shall, as of the Bid Due Date:
A. Have a current Certified General Contractor license from the State of Florida; Prequalification with the
Florida Department of Transportation (FDOT) is preferred, but not required; and in addition:
B. Must demonstrate that it has full-time key personnel with the necessary experience to perform the
Project's Scope of Work. This experience shall include work in successfully completed projects
performed by the expressly identified key personnel whose bulk of work (at minimum fifty-one percent
(51%) of the work) is performed in roadway/horizontal projects similar to the Project's Scope of Work
described in these Solicitation Documents. Bidder shall demonstrate the required experience by
providing a detailed description of at least three (3) projects whose scope included the construction of
roadway/horizontal projects involving public right-of-way, construction/installationlrepair/replacement of
drainage system pipes and maintenance of vehicular traffic, which are similar to the Project's Scope of
Work described in this Solicitation Document and in which the Bidder's identified key personnel is
currently actively engaged or has completed the work, which has been accepted by the Owner, within
the past five (5) years. List and describe the aforementioned projects and indicate whether the Work was
performed for the City, and/or other government agencies as clients, or private entities. Agency and/or
entity and project names / numbers shall be included. The description must identify and describe for
each project:
a) The identified key personnel and their assigned roles and responsibilities for the listed project,
key personnel include, without limitation, the Contractor's Project Manager and the Construction
Manager or Construction Supervisor;
b) The client's name and address including a contact person, email address, and phone number for
reference verification;
c) Description of Work;
d) Total dollar value of the Contract;
e) Contract duration;
f) Statement or notation of whether Bidder's identified key personnel is/was employed by the Prime
Contractor or Subcontractor; and
g) For completed projects, provide letters of certification of final acceptance or similar project closure
documentation issued by the client and include available Contractor's performance evaluations.
Submitted reference projects must demonstrate that the Bidder: i) was the Prime Contractor for the
project; and ii) self -performed at least thirty percent (30%) of the physical labor construction work for the
Metromover Station Access 7 ITB No.: 17-18-058
Improvements — Project No.: B-183614
project. The Selected Bidder, hereinafter referred to as "Contractor," must self -perform at least thirty
percent (30%) of the physical labor construction work for the Project.
The City reserves the right to request additional / supplemental information and / or contact listed
persons pertaining to Bidder's experience / minimum requirements.
The Department of Procurement (Procurement) has scheduled a Voluntary Pre -Bid Conference to be
held on the following date, time, and location:
Location: Miami Riverside Center
444 SW 2"d Avenue, 6tn Floor - South Conference Room
Miami, Florida 33130
Date/Time: October 12, 2018 at 3:00 p.m. (Local Time)
The provisions of FHWA-1273 and LAP Divisions 1 Specifications (Off -System) are hereby attached and made
a part of the Contract documents. All work associated with this Project must adhere to the terms and requirement
of this Contract.
The bid documents, including plans, may be obtained by visiting the Office of Capital Improvements (OCI)
webpage: http://www.miamigov.com/MiamiCapitaI/NewBidsandProposals.htm1.
It is recommended that firms periodically check OCI's webpage for updates and the issuance of addenda.
It is the sole responsibility of each prospective Bidder to ensure the receipt and understanding of all
addenda.
All bids shall be submitted in accordance with the Instructions to Bidders identified in Section 2, Instructions for
Submission. Bidders must submit one (1) unbound original signed bid package and one (1) electronic
bid package on a CD or USB Drive in PDF.format, at the time, date, and location indicated where bids will be
publicly opened. Failure to submit one (1) original full set may result in the bid being deemed non-responsive.
Any bids received after the time and date specified will be rejected and will not be considered. The
responsibility for submitting a bid before the indicated time and date is solely and strictly that of the Bidder. The
City is not responsible for any delay regardless of the cause. Bidder assumes all risk for any delay or mistake.
BIDDER IS HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE,"
IN ACCORDANCE WITH ORDINANCE NO. 12271, Section 18-74, CITY OF MIAMI CODE, as amended.
Proposed Solicitation, Due Diligence and Award Schedule
The chart below reflects the projected Solicitation, Due Diligence and Award Schedule for ITB 17-18-058 -
Metromover Station Access Improvements - Project No.: B-183614.
Proposed Solicitation, Due Diligence and Award Schedule
1.
ITB Advertised to the Public
October 3, 2018
2.
Pre -Bid Conference
October 12, 2018
3.
Last Day to Submit RFIs to the City
October 22, 2018
4.
Bids Due Date to the City
November 6, 2018
5
Completion of Due Diligence Re: Lowest Responsive and Responsible
Bidder
November 20, 2018
6
Receive from FDOT Concurrence of Award to Lowest Responsive and
Responsible Bidder
_
November 27, 2018
Metromover Station Access 8 ITB No.: 17-18-058
Improvements — Project No.: B-183614
7.
Place Award of Contract on City Commission Agenda
December 13, 2018
8
Receive Signature Pages, Corporate Resolutions and Payment
Performance Bonds from Contractor
December 20, 2018
9.
Route for Contract for Execution by City Officials
December 21, 2018
Dates reflected in this chart may be altered, if in the best interest of the City.
Metromover Station Access 9 ITB No.: 17-18-058
Improvements — Project No.: B-183614
Section 1 — Definitions
Architect of Record (AOR) means a designation reserved, usually by law, for a person or organization
professionally qualified and licensed in the State of Florida to perform architectural services.
Basis of Design means a specific manufacturer's product that is named; including the make or model number
or other designation, establishing the significant qualities related to type, function, dimension, in-service
performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable
products of other manufacturers.
Bid means the response submitted by a Bidder to this solicitation, which includes the price, authorized signature
and all other information or documentation required by the Contract Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, limited liability company, or
corporation tendering a Submittal, acting directly or through a duly authorized representative.
Change Order means a written document ordering a change in the Contract Price or Contract Time or a material
change in the Work. A change order must comply with the Contract Documents.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's
performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations,
codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental
body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this
Contract, "Citi!' 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.
Construction Change Directive means a written directive to effect changes to the Work, issued by the
Consultant or the Director that may affect the ITB Contract price or time.
Construction Engineering Inspection (CEI) means an individual or an organization (assigned by the Director
of OCI) responsible in assisting the City's Project and Construction Managers in Contract administration, site
inspections, material sampling and Project close-out.
Construction Manager (CM) means the individual or organization assigned by the Director of OCI whose duties
include reviewing Project documents during the design phase and managing the construction phase that include,
but not limited to, directing and coordinating construction activities associated with the Project.
Construction Schedule means a critical path schedule or other construction schedule, as defined and required
by the Contract Documents.
Consultant means a firm that has entered into a separate agreement with the City for the provision of
design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record
contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred
to as Architect or Engineer of Record.
Contract means the Invitation to Bid (ITB) solicitation and the bid documents that have been executed by the
Bidder and the City subsequent to approval of award by the City.
Contract Documents mean the Contract as may be amended from time to time, the plans and drawing, all
addenda, clarifications, directives, change orders, payments and other such documents issued under or relating
to the Project.
Contractor means the person, firm, or corporation with whom the City has contracted and who will be
responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any
Work issued under this Contract through the award of an ITB.
Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach
of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy
all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to
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otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting
any portion of the Work or the Project site(s) disturbed in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or
compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the
deficiencies and the time to Cure.
The Davis—Bacon Act is now codified as 40 U.S.C. 3141-3148. The Act covers four main areas of construction:
residential, heavy, buildings, and highway. Within these areas are further classifications, including craft positions
such as plumber, carpenter, cement mason/concrete finisher, electrician, insulator, laborer, lather, painter, power
equipment operator, roofer, sheet metal worker, truck driver, and welder. An up -to date wage rate can be found
on.https://www.wdol.gov/dba.aspx.
Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as
Capital Improvements and Transportation Program ("CITP").
Design Documents means the construction plans and specifications included as part of a bid prepared by the
Consultant for this Project under a separate Agreement with the City.
Director means the Director of the Office of Capital Improvements or designee, who has the authority and
responsibility for managing the Project under this Agreement.
Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and
dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such
Drawings.
Engineer of Record (EOR) also referred to as Consultant, a designation reserved, by law, for a person or
qualified engineering firm or organization qualified and licensed in the State of Florida to conduct professional
engineering services.
Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the
Consultant, which is minor in nature and should not involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at which time the
Construction Manager has completed all the Work in accordance with the Agreement as certified by the Architect
or Engineer of Record or the City and submitted all documentation required by the Contract Documents.
Guaranteed Maximum Cost means the sum established by these Contract Documents as the maximum cost
to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead
expenses and profit.
Inspector means an authorized representative of the City assigned to make necessary inspections of materials
furnished, and of the Work performed, by Contractor.
Materials mean goods or equipment incorporated in a Project, or used or consumed in the performance of the
Work.
Notice of Award means the letter written to the Contractor by the City, notifying the Contractor that they have
been awarded the Contract.
Notice to Proceed means a written letter or directive issued by the Director acknowledging that all conditions
precedent have been met and directing that the Contractor may begin Work on the Project.
Physical Construction Labor Work means the completed construction services required by the Contract
Documents, completed through the use of the Contractor's own employees and excluding all materials, supplies,
and equipment incorporated or to be incorporated in such construction.
Plans and/or Drawings means the official graphic representations of a Project.
Project or Work as used herein refers to all reasonably necessary and inferable construction and services
required by the Contract Documents whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the(its) obligations,
including completion of the construction in accordance with the Drawings and Specifications. The Work may
constitute the whole or a part of the Project.
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Project Manager (PM) means the City employee (assigned by the Director) to manage the Project that may
include, but is not limited to coordination of design, procurement and construction activities; assigning
management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and
responsibilities to ensure that the Project is completed in a timely manner.
Qualifier means a person whose license is attached to the Contractor's company so that the Contractor is
currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality of the
Work that is performed by the Contractor.
Request for Information (RFI) means a request from the Bidder seeking an interpretation or clarification relative
to the ITB. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or
item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Bidder
interpretation or understanding of the document(s) in question, along with the reason for such understanding.
Risk Administrator means the City's Risk Management Administrator also known as the Director of the
Department of Risk Management, or designee, orthe individual named by the City Manager to administer matters
relating to insurance and risk of loss for the City.
Specifications mean all of the definitions, instructions, descriptions, directions, requirements, provisions and
standards (and all written supplements thereto) pertaining to the methods, (or manner) of performing and actual
performance of the Work, or quantities and quality of accepted materials to be furnished under the Contract
Documents.
Subcontractor means a person, firm or corporation having a direct Contract with Contractor including one who
furnishes material worked to a special design according to the Contract Documents but does not include one
who merely furnishes Materials not so worked.
Submittal means documents prepared and submitted by the Bidder.
Substantial Completion means that point at which the Work is at a level of completion in substantial compliance
with the Agreement such that the City can use, occupy, and/or operate the facility in all respects to its intended
purpose. Substantial Completion shall not be deemed to have occurred until any and all governmental entities,
which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or
occupancy shall not be the sole determining factor in determining whether Substantial Completion has been
achieved, unless a temporary certificate of occupancy has been issued.
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Section 2 — Instructions for Submission
Intention of City
It is the intention of the City to describe in this Invitation to Bid ("ITB") the Project to be completed in
accordance with all codes and regulations governing all the Work to be performed under this Project.
Any Work, materials or equipment that may reasonably be inferred from the Contract as being required
to produce the intended result, shall be supplied by Contractor whether or not specifically called for.
Where words have a well-known technical or trade meaning are used to describe Work, materials or
equipment, such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or to the laws or
regulations of any governmental authority, whether such reference be specific or by implication, shall
mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening
of bids and Contractor shall comply therewith. City shall have no duties other than those duties and
obligations expressly set forth within the Contract Documents.
2. Scope of Work
The Work consists of furnishing all materials, labor, and equipment necessary for pedestrian crossing at
various streets including pavement markings, Americans with Disabilites Act (ADA) -compliant ramps,
sign installation and some signal work. The full Scope of Work is detailed in the construction drawings.
3. Location of the Project
The Project includes the following locations: Various streets in Brickell/CBD Area (SE 10th Street to NE
8th Street).
4. Performance of the Work
Contractor shall self -perform (complete) at least thirty percent (30%) of all Physical Construction Labor
Work for the negotiated construction cost of the entire Project utilizing its own employees. If the Work is
phased, the thirty percent (30%) requirement shall apply jointly and severally to each and every phase of
the Work. The City reserves its right to require documentary confirmation of this requirement. By
submitting a bid, the Bidder certifies that it shall utilize its own employees to meet this requirement. As
part of the bid, the Bidder must include, fill out, and submit the form titled/named "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. If the Work is
Phased, Segmented or done in increments, the thirty percent (30%) self -performance requirement shall
apply to each segment or increment—jointly and severally.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder, before submitting a bid to this Invitation to Bid (ITB), to:
a. Carefully review the ITB, including any addenda and notify the City of all conflicts, errors or
discrepancies,
b. Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress,
performance, and furnishing of the Work,
c. Take into account federal, state and local (City and Miami -Dade County including, without
limitation the City Procurement Ordinance and Florida Building Code) codes, laws, regulations,
ordinances that may affect a Bidder's ability to perform the Work,
d. Study and carefully correlate Bidder's observations with the requirements of the ITB, and
e. Sign and return all required ITB forms as applicable.
The submission of a bid to this solicitation shall constitute an incontrovertible representation by Bidder
that it shall comply with the requirements of the Contract Documents and that without exception, the
response is premised upon performing and furnishing Work required under the Contract Documents and
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that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
6. Addenda
Only questions answered via written addenda issued by the City will be binding. Oral and other
interpretations or clarifications will be without legal binding effect and should not be relied upon in
preparation of a bid response. All questions about the meaning or intent of the Contract Documents are
to be directed to the City's Department of Procurement (Procurement) in writing, to the attention of
Anthony Hansen, Sr. Procurement Contracting Officer at amhansen@miamigov.com, with a copy to the
Office of the City Clerk at clerks(Nmiamigov.com. Interpretations or clarifications considered necessary
by Procurement in response to such questions will be issued by the City by means of an Addendum. All
Addenda will be posted on the OCI webpage. Written questions must be received by the City, no
later than October 22, 2018 at 5:00 p.m.
7. Bid Submission
All bids must be received by the City of Miami, Office of the City Clerk, located at City Hall, First Floor,
3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for bid opening, enclosed
in a sealed envelope and legibly marked on the outside:
BID No.: 17-18-058
PROJECT NAME: METROMOVER STATION ACCESS IMPROVEMENTS
Bidders must submit one (1) original bid package and one (1) electronic bid package on a CD or
USB Drive in PDF format. Failure to submit one (1) full set original may result in the bid being deemed
non-responsive.
All bids shall be accompanied by either an original Bid Bond executed by a surety transacting business
in Florida meeting the requirements of the City, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit by a bank transacting banking business in Florida, Bid Bond
Voucher (for Projects totaling less than two hundred thousand dollars ($200,000) inclusive of all fees,
costs, and expenses) issued to City of Miami by certified check, treasurer's check, or bank draft of any
national or state bank (United States) (excluding personal checks), in the amount of five percent (5%) of
the total bid amount (payable to City), and conditioned upon Contractor executing the Contract and
providing the required Performance and Payment Bond and evidence of required insurance within fifteen
(15) calendar days after notification of award of the Contract. The time for execution of the Contract and
provision of the Performance and Payment Bond and Certificate(s) of Insurance may be extended for a
duration not exceeding thirty (30) calendar days by OCI at its sole and absolute discretion. Bid Securities
of the unsuccessful Bidders will be returned after award of Contract. Security of the Contractor shall be
forfeited to the City as liquidated damages and not as a penalty, for the cost and expense incurred should
said Contractor fail to execute the Contract and provide the required Performance Bond and Payment
Bond. Any form of Bid Guaranty shall be in a form acceptable to the City's Risk Management
Administrator and the City Attorney, as to legal form.
All bids shall be made upon the blank City forms provided herein and herewith. The bid must be signed
and acknowledged by the Bidder, in accordance with the directions on the ITB. Failure to utilize the City's
forms, or fully complete said forms, may result in the bid being deemed non-responsive.
The Bidder shall be considered non-responsive if its bid is conditioned on modifications, changes, or
revisions to the terms and conditions of the ITB.
The bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment
including, but not limited to, tools, services, permit fees, applicable taxes, overhead, and profit for the
completion of the Work except as may be otherwise expressly provided in the Contract Documents.
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Joint venture firms must complete and submit with the bid, the form titled "Information for Determining
Joint Venture Eligibility" (Form A) and submit a copy of the formal agreement between all joint -venture
parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of
participation for the Project. Failure to submit Form A, along with an attached written copy of the joint
venture agreement may result in disqualification of the bid. All joint venture firms must meet the
requirements stipulated in the Florida Statutes.
10. Pre -Bid Conference
A Voluntary Pre -Bid Conference will be held on October 12, 2018 at 3:00 p.m. (Local Time) at
the Miami Riverside Center, 444 SW 2nd Avenue, 611 Floor South Conference Room, Miami, FL
33130, to discuss this ITB. Since space is limited, it is recommended that one representative of each
firm attend in order to become familiar with the ITB. Attendees are requested to bring this ITB Package
to the conference.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of bid submissions and will make
a reasonable effort to give at least three (3) calendar days' notice of any such postponement to
prospective Bidders.
12. Acceptance or Rejection of Bids; Waiver of Technicalities, etc.
The City reserves the right to reject any or all bids prior to award, to re -advertise for bids, and to not
award any Contract, in the reasonable discretion of the City.
The City reserves the right to waive any minor or non -material technicality, informality, variance,
deviation, mistake, omission, or the like up to or prior to award of the Contract.
Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar
days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the price before
the expiration of one hundred eighty (180) calendar days from the date of bid opening. A Bidder may
withdraw its bid after the expiration of one hundred eighty (180) calendar days from the date of bid
opening by delivering written notice of withdrawal to the Department of Procurement prior to award of the
Contract by the City Commission.
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of environmental
or similar laws, codes, and regulations (Regulations) in determining a Bidder's responsibility, and further
reserves the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall
be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidders shall notify
the City immediately of notice of any citation or violation, which Bidder may receive after the submittal
opening date and during performance of the Work under this Contract.
14. Bid Award
The City will issue the award of the Contract to the lowest responsive and responsible Bidder. In the
event of a tie, a Best and Final Offer (BAFO) process shall be conducted among the tied Bidders. The
City may require demonstration of competency and, at its sole and absolute discretion, may conduct site
visits, and require the Bidder to furnish documentation and/or require the Bidder to attend a meeting to
determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The
City shall consider, but not be limited to, such factors as financial capability, labor force, equipment,
knowledge, and experience of the trade Work to be performed, the quantity of Work being performed,
and past performance on City Projects by the Bidder. The Bidder must be able to demonstrate a good
record of performance and have sufficient financial resources to ensure that it can satisfactorily provide
the goods and/or services required herein. 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.
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Any Bidder who, at the time of submission is involved in an ongoing bankruptcy as a debtor, or in a
reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over
all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state
insolvency, may be declared non-responsive.
Any Bidder who may have filed a lawsuit against the City, or where the City has filed a lawsuit related to
the Bidder and any City contract or won a court judgment against the Bidder, or if the Bidder is indebted
to the City, or if the Bidder fails to fully and completely disclose all material Facts OR TRUTHFULLY
ANSWER QUESTIONS OR REQUESTS FOR INFORMATION, may be declared non-responsive. City
for these purposes shall include any City agency or instrumentality.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or
award of a Contract may protest in writing to the Chief Procurement Officer, in accordance with the
procedures contained in Section 18-104, City Code "Resolution of Protested Solicitations and Awards,"
as amended, of the City Code, Ordinance No. 12271 (the City of Miami Procurement Ordinance codified
in Chapter 18, Article III, Section 18-104, City Code) describing the protest procedures. Protests failing
to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute
a forfeiture of such party's right to file a protest. NO EXCEPTIONS WILL BE MADE TO THIS
REQUIREMENT.
16. Small and Disadvantaged Firm Participation
1) The City of Miami shall comply with Florida Department of Transportation's ("FDOT") Disadvantaged
Business Enterprise program plan for federally funded work. FDOT and City of Miami currently have a
race neutral program with a 10.65% goal as certified underthe Florida Unified Certification Program. The
detailed DBE program information contained in the DBE Program attachment at page 93 and
incorporated herein. The undersigned Contractor agrees to comply with all applicable requirements
stipulated therein. The Anticipated DBE Participation Statement must be included with your bid.
2) The City encourages Contractors to secure the participation of small businesses and/or Disadvantaged
Business Enterprises (DBE) that are currently registered with and/or certified by other governmental
agencies such as under programs in effect for the Florida Department of Transportation ("FDOT"), Miami -
Dade or Broward Counties, and the Miami Dade County Public Schools.
3) No participant may discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program. The recipient
shall take all necessary and reasonable steps to ensure nondiscrimination in the award and
administration of DOT -assisted contracts.
4) Implementation of this program is a legal obligation and failure to carry out its terms shall be treated
as a violation of this Contract. Upon notification to the recipient of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986 (31 U.S.C. 3801 et seq.).
5) The Contractor, Sub -recipient or Subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Contract.
6) Failure by the Contractor to carry out these requirements is a material breach of this Contract, which
may result in the termination of this Contract or such other remedy as the recipient deems appropriate.
17. State and Local Preferences
For the purpose of Federal -aid construction projects and pursuant to 23 CFR 635.117, 23 CFR 635.409,
49 CFR 30 and 255.0991 F.S., the City of Miami shall not utilize or impose any procedures or
requirements which will operate to discriminate against the employment of labor from any other State,
possession or territory of the United States. THERE SHALL BE NO LOCAL HIRING PREFERENCES
UNDER THIS CONTRACT. THE CITY IS HEREBY PROHIBITED FROM ENFORCING ITS LOCAL
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PREFERENCE ORDINANCES FOR PARTICIPANTS OF THE CITY TRAINING AND EMPLOYMENT
PROGRAMS, AND OTHER RESIDENTS OF THE CITY.
Bidders shall not be required to identify opportunities to hire qualified City residents if a Contract is
awarded, and are not expected to secure the cooperation of Subcontractors in this effort. Applicants will
not be permitted to receive special consideration, and must meet all hiring requirements normally
imposed by the employer.
No requirement shall be imposed and no procedure shall be enforced by any State transportation
department in connection with a project which may operate:
(a) To require the use of or provide a price differential in favor of articles or materials produced within the
State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from
or prepared, made or produced in any State, territory or possession of the United States; or
(b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin
to any greater extent than is permissible under policies of the Department of Transportation as evidenced
by requirements and procedures prescribed by the FHWA Administrator to carry out such policies.
18. Subcontractor and Small Business Participation Reporting
The City is collecting data on the participation of local small business. Based on this ongoing effort the
City requires that with the submission of the first payment requisition the Contractor shall submit a report,
using the OCI form available on the OCI webpage, on the use of Subcontractors. Such report shall
include information on local and small business participation. Failure to submit the report may delay the
issuance of payment to the Contractor. Contractor shall submit an updated report when a Subcontractor
has been added or changed.
19. Cone of Silence
Pursuant to Section 18-74 of the City of Miami Procurement Code, a codification of Miami Ordinance No.
12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the
City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence
prohibits any verbal communications regarding this ITB.
Any communication concerning this ITB must be submitted in writing to Procurement at
amhansen(c-),miamigov.com. Written communications may be in the form of e-mail or other written
communication, with a copy delivered to the Office of the City Clerk at clerks(a-)miamigov.com. The
delivery to the City Clerk of a copy is required to avoid any violation of the "Cone of Silence."
This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-
74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence.
Bidders may also contact the Office of the City Clerk at (305) 250-5360, to obtain a copy.
20. Public Entity Crime
A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public
entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may
not submit a Response on a Contract with a public entity for the construction or repair of a public building
or Public Works project, may not submit a Response on a lease of real property to a public entity, may
not be awarded or perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract
with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted Bidder List.
21. Fraud and Misrepresentation
Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City
through fraud, misrepresentation, or material misstatement, or omission of any material fact, may be
debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City
as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or
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entity. Such individual or entity shall be responsible for all direct or indirect costs associated with
termination or cancellation.
22. Title VI/Nondiscrimination Program - Policy Statement
It is the policy of the Florida Department of Transportation, under Title VI of the Civil Rights Act of
1964; Section 504 of the Rehabilitation Act of 1973; Age Discrimination Act of 1975; Section 324
of the Federal -Aid Highway Act of 1973; Civil Rights Restoration Act of 1987; and related statutes
and regulations, that no person in the United States shall, on the basis of race, color, national origin, sex,
age, disability/handicap, or income status, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination or retaliation under any federally or non -federally funded
program or activity administered by the Department or its sub -recipients.
To comply with this policy, civil rights and program area specialists must work closely to carry out their
mutual nondiscrimination program responsibilities. Each Assistant Secretary, District Secretary, Florida's
Turnpike Enterprise Executive Director, Director, Manager, and Section Head of the Department's major
program areas (Planning, Project Development/Environmental, Design, Right -of -Way, Construction,
Maintenance, Public Transportation, and Research), as well as the Department's sub -recipients, will be
responsible for making a good faith effort to ensure that this policy is carried out in their respective
program areas. The authority to develop, maintain, implement, and monitor this policy is delegated to
the Equal Opportunity Office Manager.
23. Collusion
Where two (2) or more related parties, as defined herein, each submit a bid to an ITB, such submissions
shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of
evidence as to the extent of ownership, control, and management of such related parties in preparation
and submission under such ITB. Related parties shall mean employees, officers or the principals thereof
which have a direct or indirect ownership interest in another firm or in which a parent company or the
principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder, for the
same Project. Bids found to be collusive shall be rejected.
24. Contractor in Arrears or Default
The Bidder represents and warrants that the Bidder is not in arrears to the City and is not a default as a
Contractor, Vendor, Provider or whose default has not been fully cured by the Bidder's surety or otherwise
upon any obligation to the City. In addition, the Bidder warrants that the Bidder has not been declared
"not responsible" or "disqualified" by, suspended, or debarred from doing business with any state or local
government entity in the State of Florida, the Federal Government or any other State/local governmental
entity in the United States of America, nor is there any proceeding pending pertaining to the Bidder's
responsibility or qualification to receive public agreements. The Bidder considers this warrant as stated
in this Article to be a continual obligation and shall inform the City of any change during the term of the
Contract.
The City shall not consider and shall deem as non -responsible, bids submitted by Bidders where the City
has determined that the Bidder is in monetary arrears, or otherwise in debt or in default to the City, at the
time and date bids are due.
25. Cancellation of ITB
The City reserves the right to cancel, in whole or in part, any ITB when it is in the best interest of the City.
This determination will be at the discretion of the City and there will be no recourse from such cancellation.
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Section 3 - General Terms and Conditions
1. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as much priority as
is necessary to cause the Work to be completed on a timely basis in accordance with the Contract
Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary
to maintain the critical path and all deadlines established in the Contract Documents. Time is of the
essence in performance of the Work.
All dates and periods of time set forth in the Contract Documents, including those for the commencement,
prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and
installation of materials and equipment, were included because of their importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use
of the completed Work following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions approved in
accordance with Article 72, "Excusable Delay, Non -Compensable," the Contractor understands that,
except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of
delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to
achieve full completion of the Work within the Contract Documents Time, and shall not entitle the
Contractor to an adjustment. All parties under the control or Contract with the Contractor shall include
but are not limited to material persons and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously
working at the Project site(s) for the full duration of the Project to ensure the timely completion of the
Work.
2. Contract Term
The Contract shall commence upon issuance of the Notice of Proceed ("NTP"), which shall be issued
subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the
City that the Contract has been closed -out after final completion or otherwise terminated by the City
pursuant to the terms and conditions herein set forth. The total bid amount shall be the Guaranteed
Maximum Cost ("GMC") of the Project, which means the maximum cost of the Work including labor,
materials, equipment, supplies, overhead expenses, and profit. The City will not be liable for payment of
any amount in excess of the GMC unless, the City Commission has approved a Project contingency or
has approved a prior amendment to the Contract) setting forth an additional amount due to Owner
requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this
Agreement, it shall have the same definition as GMC, defined above.
3. Contract Price and Guaranteed Maximum Cost
Contractor represents, warrants and guarantees to the City that Contractor shall completely, timely, and
properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the
Contract Price to be agreed upon by the parties. This Contract Price shall constitute Guaranteed
Maximum Cost to the Owner for performing the Work inclusive of labor, materials, equipment, supplies,
and any allowable overhead and profit. The Owner shall (absent a prior Amendment with compelling
cause approved as an Amendment to this Agreement) have no liability or obligation to pay any amount
in excess of the stated Contract Price and Contractor shall have no recourse in that respect except to
seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by
Contractor without reimbursement or additional compensation from Owner.
4. Notices
Whenever either party desires to give written notice unto the other relating to the Contract, such must be
addressed to the party for whom it is intended at the place last specified; and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the provisions of
this Article. Notice shall be deemed given on the date received or within three (3) calendar days of
mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date
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Improvements — Project No.: B-183614
sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial
delivery date by the courier/delivery service. For the present, the parties designate the following as the
respective places for giving of notice:
For City of Miami:
Emilio T. Gonzalez, Ph.D.
City Manager
City of Miami
444 SW 2nd Avenue - 101 Floor
Miami, Florida 33130
Annie Perez, CPPD
Director
Department of Procurement
City of Miami
444 S.W. 2nd Avenue - 6t" Floor
Miami, Florida 33130
Steven C. Williamson
Director
Office of Capital Improvements
City of Miami
444 S.W. 2nd Avenue - 8 t Floor
Miami, Florida 33130
For Contractor:
Full Name of Authorized Representative
Title of Authorized Representative
Company Name
Mailing Ad&e�,s
City, State, Zip Lode
During the Work, the Contractor shall maintain continuing communications with Consultant and the
Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project at
all times through ongoing communications with the Project Manager.
The Contractor shall notify the Miami Police Department and Fire Department about the construction
schedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers
from Patrice G. Smith at (305) 379-6583, or via email at PGSmith@miamidda.com, the City of Miami's
Project Manager for this Project.
The Contractor must notify residents living within five hundred feet (500') of the Project in writing as least
one (1) week in advance prior to commencing Work in the general area.
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 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:
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In the event of conflicts in the Contract Documents, the priorities stated below shall govern:
• FHWA-1273 / Required Contract Provisions for Federal -Aid Construction Contracts
• LAP Division I Specifications (Off -System)
• Revisions to the Contract shall govern over the Contract;
• The Contract Documents shall govern over the Contract; and
• Addenda to an ITB shall govern over the ITB.
In the event of conflicts within the Contract Documents, the priorities stated below shall govern:
• Scope of Work and Specifications shall govern over plans and drawings;
• Schedules, when identified as such shall govern over all other portions of the plans;
• Specific notes shall govern over all other notes, and all other portions of the plans, unless
specifically stated otherwise;
• Larger scale drawings shall govern over smaller scale drawings;
• Figured or numerical dimensions shall govern over dimensions obtained by scaling; and
• Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the
more restrictive or higher quality shall govern.
6. Indemnification
Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City,
its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the
City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the
City its officials and/or employees against any civil actions, statutory actions, administrative proceedings,
or similar claims, injuries or damages arising or resulting from the permitted Work and/or failure to comply
with applicable contractual duties of the Contractor or codes, laws, rules, licenses, permits, and
regulations in performance of the work, even if it is alleged that the City, its officials, and/or employees
were negligent. In the event that any action or proceeding is brought against the City by reason of any
such claim or demand, the Contractor shall, upon written notice from the City, resist and defend such
action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and
agrees that any insurance protection required by this Contract or otherwise provided by the Contractor
shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its
officers, employees, agents and instrumentalities as herein provided.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the State of Florida,
Department of Transportation, and its officers and employees, from all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the contractor and persons employed or utilized by
the contractor in the performance of this Contract. Nothing contained in this paragraph is intended to, nor
shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity.
The indemnification provided above shall obligate the Contractor to hold harmless and duty to defend, at
its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding,
or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions
of every name and description which may be brought against the City, State of Florida, or FDOT, whether
performed by the Contractor, or persons employed or utilized by Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted
under the laws of the State of Florida, including without limitation and interpretation, which conforms to
the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Contractor shall require all sub -Contractor agreements to include a provision that each sub -Contractor
will indemnify, hold harmless and defend the City, State of Florida, FDOT Department of Transportation,
and their officials, officers and employees in substantially the same language as this Section. The
Contractor agrees and recognizes that the City, State of Florida and Department of Transportation shall
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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. Nothing contained in this paragraph is intended to, nor shall it
constitute, a waiver of the State of Florida and the City's sovereign immunity.
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 voluntarily
and knowingly acknowledged by the Contractor.
7. Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for,
and maintain in force until all of its Work to be performed under this Contract has been completed and
accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's
set forth herein.
7.1 Workers' Compensation insurance to apply for all employees in compliance with the Statutory
"Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition,
the policy(ies) must include:
■ Waiver of Subrogation
• Statutory State of Florida
■ Limits of Liability
■ USL&H, if applicable
7.2 Employers' Liability
■ One Million Dollars ($1,000,000) each bodily injury caused by an accident, each
accident.
• One Million Dollars ($1,000,000) each bodily injury caused by disease, each
employee.
• One Million Dollars ($1,000,000) each bodily injury caused by disease, policy limit.
7.3 Commercial General Liability (CGL) - Primary and Mon -Contributory with minimum limits of
One Million Dollars ($1,000,000) per occurrence. Combined single limit for Bodily Injury Liability
and Property Damage Liability, with a general aggregate limit of Two Million Dollars
($2,000,000). Coverage must be afforded on a primary and non-contributory basis and with a
coverage form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
■ Products and/or Completed Operations for Contracts with an Aggregate Limit of One
Million Dollars ($1,000,000) per Project. Contractor shall maintain in force until at
least three years after completion of all Work required under the Contract, coverage
for Products and Completed Operations, including Broad Form Property Damage.
■ Personal and Advertising Injury with an aggregate limit of One Million Dollars
($1,000,000).
® CGL Required Endorsements
❖ Contingent Liability/Independent Contractors Coverage
❖ Contractual Liability
❖ Premises and/or Operations Liability
❖ Explosion, Collapse and Underground Hazard
❖ Primary Insurance Clause
❖ Loading and Unloading
City shall be listed as an additional insured.
7.4 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
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Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
■
Auto/All Owned Autos/Scheduled.
■ Hired, Borrowed, and Non -Owned Vehicles.
■ Employers' Non -Ownership.
■ Employees included as insured.
■ City of Miami as Additional Insured.
7.5 Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella)
■ Bodily injury and property damage liability with limits of Two Million Dollars
($2,000,000) per occurrence.
■ Two Million Dollars ($2,000,000) Aggregate.
• Excess follow form over all applicable liability policies contained herein.
City shall be listed as an additional insured.
7.6 Installation Floater
• Causes of Loss: All Risk of Direct Physical Damage or Loss
■ Valuation: Replacement Cost
■ Coverage Extensions included
■ City shall be listed as loss payee
7.7 Owners and Contractor's Protective
■ One Million Dollars ($1,000,000) each occurrence.
■ One Million Dollars ($1,000,000) general Aggregate.
City shall be listed as an additional insured.
7.8 Contractor's Professional Liability (if applicable)
■ One Million Dollars ($1,000,000) each claim.
• One Million Dollars ($1,000,000) general Aggregate.
■ Retro Date included.
The above policies shall provide the City with written notice of cancellation or material change from the
insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the
initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished
at least thirty (30) calendar days prior to the date of their expiration.
Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide the City with at
least thirty (30) days' notice of cancellation and/or restriction.
Contractor shall furnish to Procurement the Certificates of Insurance or endorsements evidencing the
insurance coverage specified above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of policies provided, refer
specifically to this Contract, and state that such insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance
documentation. The City shall be listed as an additional insured where applicable.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue
all insurance policies required above to the Contractor:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to
Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review
and verification by Risk Management prior to insurance approval.
The Risk Administrator or their authorized designee reserves the right to require modifications, increases,
or changes in the required insurance requirements, coverage, deductibles or other insurance obligations
by providing a thirty (30) calendar day written notice to the Contractor in accordance with Section 3,
General Terms and Conditions, Article 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
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change order will be issued to adjust the Contract value as necessary. For insurance bonding issues
and decisions, the City shall act through its Risk Administrator (unless otherwise stated).
8. Performance and Payment Bond
Where required by the Contract Documents or by Florida Statutes, the Contractor shall within fifteen (15)
calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all
the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to
City the completion and performance of the Work covered in the Contract Documents, as well as full
payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall
be with a surety, which is qualified pursuant to Article 9, "Qualification of Surety."
Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with
liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be
conditioned that Contractor will, upon notification by the City, correct any defective or faulty Work or
materials which appear within one year after Final Completion of the Project.
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time,
Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and
provide the City with evidence of such recording. Each bond shall substantially conform to the
requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk
Management Administrator.
Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate
forms of security, which may be in the form of cash, money order, certified check, cashier's check, or
unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the
prior approval of the City and for same purpose and shall be subject to the same conditions as those
applicable above and shall be held by the City for one year after completion and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000):
Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size
Category of (VII). The surety company must be of recognized standing, authorized to do business in the
State of Florida as surety, having a resident agent in the State of Florida and having been in business
with. a record of successful continuous operation for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in
accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount
of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention
of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297,
revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide
City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner.
10. General Requirements
The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an
employee(s) or agent(s) of the City or any of its departments.
The Contractor shall, at all times, employ, maintain and assign to the performance of a Project a sufficient
number of competent and qualified professionals and other personnel to meet the requirements of the
Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so requested
by the Project Manager, should the Project Manager make a determination that said staffing is
unacceptable or that any individual is not performing in a manner consistent with the requirements for
such a position. The Contractor represents that its staff has the proper skills, training, background,
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knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform
the Work, in a competent and professional manner.
The Contractor shall provide temporary facilities and controls necessary to perform the Work and to
ensure safe and proper access and use of the site by the City. Any such specific requirements will be
included in the Technical Specification portion of the ITB. The Contractor shall, at all times, cooperate
with the City and coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
The City shall have full access to the Project site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until formal release
from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting
to it on account of the amount or character of the Work, or the character of the ground, being different
from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such
sequence as will ensure the least practicable local interference. Contractor shall not open up Work to
the prejudice of Work already started, and the City may require the Contractor to finish a section on which
Work is in progress before Work is started on any additional section. Contractor is to take necessary
precautions and use caution when working in or around overhead transmission lines and underground
utilities.
The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded
as meaning that only best practices are to prevail, and only materials and workmanship of the best quality
are to be used in the performance of the Work.
11. Method of Performing the Work
If the City reasonably determines the rate of progress of the Work is not such as to ensure its completion
within the designated completion time, or if, in the opinion of the City, the Contractor is not proceeding
with the Work diligently or expeditiously or is not performing all or any part of the Work according to the
Project schedule accepted by or determined by the City, the City shall have the right to order the
Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its
performance in accordance with the schedule to ensure completion of the Project within the specified
time. The Contractor shall immediately comply with such orders at no additional cost to the City. The
City at its sole option may also have Work performed by a third -party Contractor and deduct such cost
from any monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond
the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s).
When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the
Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the
expense of the Contractor to the satisfaction of the City. Contractor is responsible for controlling dust
and preventing it from becoming a public nuisance or causing off-site damage. Contractor shall take all
necessary and prudent measures to control dust.
The Contractor shall furnish to the City a complete listing of twenty-four (24) hour telephone numbers at
which responsible representatives of the Contractor and all of the Contractor's Subcontractors can be
reached should the need arise at any time.
12. Work Staging and Phasinq
The Work to be performed shall be done in such a manner so as not to interfere with the normal City
operations of the Project site or facility. The manner in which the Work is performed shall be subject to
the approval of the City, who, if necessary, shall have the authority to require changes in the manner in
which the Work is performed. There shall be no obstruction of City services without the prior written
approval of the City. All requests for such interruption or obstruction must be given in writing to the City
at least twenty-four (24) hours in advance of the interruption of City operations.
The Contractor shall familiarize itself with normal City operations where the Work is to be performed so
that it can conduct the Work in the best possible manner to the complete satisfaction of the City. A
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staging plan must be submitted to and approved by the City prior to the start of construction and issuance
of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during
construction. As noted above self -performance, local workforce participation, and all other similar
requirements will apply jointly and severally to each phase, stage, or incremental portion of the work.
13. Site Investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under
the Contract Documents, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and
roads, the conformation and conditions at the ground based on City provided reports, the type of
equipment and facilities needed preliminary to and during the performance of the Work and all other
matters which can in any way affect the Work or the cost thereof under the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the
City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface
and subsurface materials to be encountered from inspecting the site and from evaluating information
derived from exploratory Work that may have been done by the City or included in this Contract
Documents.
Contractor should examine the soil conditions at the Project site to determine if any special shoring,
sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil
materials or during filling of any area(s), or for any operation during the performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and information obtained
by visiting the Project site(s) will not relieve Contractor from responsibility for properly estimating the
difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions
vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents
amount may be adjusted up or down depending on the conditions.
14. Contractor to Check Plans, Specifications, and Data
Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other
data received from the City as part of the Contract Documents, and shall notify the City of all errors,
omissions, and discrepancies found therein within three (3) calendar days of discovery. Contractor will
not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be
furnished by the City. Contractor shall not be liable for damages resulting from errors, omissions or
discrepancies in the Contract Documents unless Contractor recognized such error, omissions, or
discrepancy and knowingly failed to report it to the City.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever nature
sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the
City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition
similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully
removed, and the same re -sodded, or the area where sod has been removed shall be restored with new
sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or
removed during the course of the Work shall be replaced or repaired by the Contractor, and shall be left
in as good of a condition as before the starting of the Work.
Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed incident to the
construction operation, the Contractor shall, after completion of the Work, replace or restore to the original
condition all such destroyed or damaged landscaping and improvements.
16: Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the case of
accidents, for first aid service to person who may be injured during the Project duration. The Contractor
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shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR
1926.50.
In addition, the Contractor must report immediately to the City every accident to persons or damage to
property, and shall furnish in writing full information, including testimony of witnesses regarding any and
all accidents.
17. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions
and programs in connection with the Work. Contractor shall take all necessary precautions for the safety
of, and shall provide the necessary protection to prevent damage, injury, or loss to:
All employees on the Project site(s) and other persons who may be affected thereby;
All the Work and all materials or equipment to be incorporated therein, whether in storage on
or off the Project site(s); and
Other property at the Project site(s) or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project site(s) whose duty shall
be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise
designated in writing by Contractor to the City.
Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public
body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or
loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All
damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by Contractor,
any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the
safety and protection of the Work shall continue until such time as all the Work is completed and the City
has issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project.
If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be
immediately notified of each and every occurrence. The Contractor shall comply with all codes,
ordinances, rules, orders and other legal requirements of public authorities as stated in FDOT Section
6.5.3 and environmental regulations (including OSHA, EPA, DERM, the City, Miami -Dade County,
State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor
shall take the responsibility to ensure that all Work is performed using adequate safeguards, including
but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing,
railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its
employees, as well as the public and City employees. All riggings and scaffolding shall be constructed
with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied
or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All
riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or
equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local
regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular
and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working
hours without the prior written approval of the Project Manager. If an emergency condition should develop
during a Project, the Contractor must immediately notify the Project Manager of each and every
occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project
Manager.
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18. Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the
Florida Administrative Code delivered as a result of a Project must be accompanied by a Material Safety
Data Sheet (MSDS), which may be obtained from the manufacturer. The MSDS must include the
following information:
■ The chemical name and the common name of the substance.
■ The hazards or other risks in the use of the substance, including:
The potential for fire, explosion, corrosion, and reaction;
❖ The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the
substance; and
❖ The primary routes of entry and symptoms of overexposure.
■ The proper precautions, handling practices, necessary personal protective equipment, and
other safety precautions in the use of or exposure to the substances, including appropriate
emergency treatment in case of overexposure.
■ The emergency procedure for spills, fire, disposal, and first aid.
■ A description in lay terms of the known specific potential health risks posed by the substance
intended to alert any person reading this information.
■ The year and month, if available, that the information was compiled and the name, address,
and emergency telephone number of the manufacturer responsible for preparing the
information.
19. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools,
equipment, light, power, transportation and other facilities and services necessary for the proper
execution and completion of the Work, whether temporary or permanent and whether or not incorporated
or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among its employees and
Subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not
skilled in the Work to which they are assigned.
20. Rules, Regulations, Laws, and Licenses
The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar
required consents and approvals relative to the provision of services, equipment, supplies and/or
materials specified in the Contract Documents, including without limitation those imposed by the federal,
state, county or city agencies having jurisdiction over the matter. The Contractor, its agents,
Subcontractors, and representatives shall be familiar with and comply with all federal, state, and local
laws, rules, regulations, and approvals that may affect the Work, goods, and/or services offered.
21. Consultant Services
The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the
Project to be performed under the Contract Documents. The Contract Documents will state that a City's
representative has been contracted with, for the management of the Work under the Contract Documents
and who will be the lead point of contact, the Consultant or the Project Manager. Where a Consultant
has been identified, the Consultant and the Project Manager will have authority to act on behalf of the
City to the extent provided in the Contract Documents and as outlined in Article 25, "Authority of the
Project Manager."
On the basis of the on-site observations, the Consultant will keep the Project Manager informed of the
progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure
faithful performance by both the Project Manager and the Contractor and will not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine the date or dates
of Substantial Completion and Final Acceptance and will receive and review written warranties and
related documents required by the Contract and the Contract Documents. The Consultant will be
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responsible for receiving all documentation for review and acceptance. Upon acceptance, such
documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the
Consultant will approve Schedules of Values, Project Schedules, Subcontractors, and invoices.
The City may contract for additional Consultant services, including but not limited to construction
examination and observation services. Such services are intended to be additional services and shall
not be construed to supplant or alter the role and responsibilities of the Consultant.
In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint
another Consultant, whose status under the Contract shall be as that of the terminated Consultant.
22. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management,
including any and all subcontracts necessary to ensure that the Work is performed in accordance with
the Contract Documents.
Project Management shall include, but is not limited to: obtaining bids from Subcontractors and suppliers;
coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors
comply with all City requirements; performing the Work in accordance with the Contract Documents to
the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees;
and obtaining temporary and final Certificates of Occupancy or Completion.
23. Superintendence and Supervision
The orders of the City are given through the Consultant or the Project Manager, which instructions are to
be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress,
a full-time, competent, English speaking superintendent, and any necessary assistants, all satisfactory
to the Project Manager. The superintendent shall not be replaced except with the written consent of the
Project Manager, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be
in Contractor's employ. The superintendent shall represent Contractor, and all directions given to the
superintendent shall be as binding as if given to Contractor, and will be confirmed in writing by the Project
Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work,
using Contractor's best skills and attention. The Project Manager shall be provided telephone number(s)
for the superintendent, where the superintendent can be contacted during normal working hours as well
as after hours for emergencies.
On Projects in excess of thirty (30) calendar days, the Contractor's superintendent shall record, at a
minimum, the following information in a bound log: the day; date; weather conditions and how any
weather conditions affected progress of the Work; time of commencement of Work for the day; the Work
being performed; materials, labor, personnel, equipment and Subcontractors at the Project site(s); visitors
to the Project site, including regulatory representatives the City; any special or unusual conditions or
occurrences encountered; and the time of termination of Work for the day. All information shall be
recorded in the daily log in indelible ink. The daily log shall be kept on the Project site(s) and shall be
available at all times for inspection and copying by Project Manager and Consultant.
The Project Manager, Contractor, Construction Manager, CEI, and Consultant shall meet at least every
two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to
review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep,
and distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the Contract
Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the
Plans, it shall be the Contractor's duty to immediately inform the City, in writing, and the City will promptly
review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole
risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be necessary to perform the Work in accordance
with the Contract Documents. Contractor shall be solely responsible forthe means, methods, techniques,
sequences, and procedures of construction.
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All Work, including trade Work shall be performed and supervised by persons properly licensed for the
Work being performed.
24. Subcontractors
Contractor is solely responsible for all acts and omissions of its Subcontractors. Nothing in the Contract
Documents shall create any contractual relationship between any Subcontractor and the City. Contractor
is responsible for the timely payment of its Subcontractors and suppliers as required by Florida Stature.
Failure to comply with these payment requirements will place the Contractor in default of the Contract.
Contractor shall not employ any Subcontractor against whom City and or Program Manager may have a
reasonable objection. Contractor shall not be required to employ any Subcontractor against whom
Contractor has a reasonable objection.
Contractor shall utilize the Subcontractors identified in its Bid submission. The replacement, addition, or
deletion of any Subcontractor(s) shall be subject to the prior written approval of the Project Manager.
With the submission of its pay application the Contractor must identify the number of personnel they and
the Subcontractor(s) are using who are working under H21B visas. Third tier subcontracting is only
permitted with the prior written approval of the Project Manager.
Contractor hereby agrees that Exhibit 1273 FHWA-1273 Required Contract Provisions Federal -Aid
Construction Contracts, found on page 208, shall be attached to and incorporated within any and all
agreements with Subcontractors. Subcontractors must also comply with FHWA-1273 Contract Provisions
for Federal -Aid Constructions Contracts specified in Section V — Contract Work Hours and Safety
Standards Act and Section VI — Subletting or Assigning the Contract.
25. Authority of the Project Manager
The Director hereby authorizes the Project Manager designated in the Contract Documents to determine,
all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating
to or on account of the Work, and questions as to the interpretation of the Work to be performed under
this Contract Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly
respond to requests of the Project Manager, including the withdrawal or modification of any previous
order, and regardless of whether the Contractor agrees with the Project Manager's determination or
requests. Where requests are made orally, the Project Manager will follow up in writing, as soon
thereafter as is practicable.
The Project Manager shall have authority to act on behalf of the City to the extent provided by the
Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be
issued in writing, and shall be issued. All instructions to the Contractor shall be issued through the
Director or Project Manager.
The Project Manager shall have access to the Project site(s) at all times. The Contractor shall provide
safe facilities for such access, so the Project Manager and Consultant may perform their functions under
the Contract. The Project Manager will make periodic visits to the Work site to become generally familiar
with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with
the Contract Documents.
The Project Manager will not be responsible for construction means, methods, techniques, sequences,
or procedures, or for safety precautions and programs in connection with the Work and will not be
responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.
The Project Manager will have authority to reject Work that does not conform to the Contract Documents.
Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion
of the Contract Documents the Project Manager and Consultant will have authority to require special
inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed.
Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision
made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty
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or responsibility of the. Project Manager or Consultant to the Contractor, any Subcontractor, supplier or
any of their agents, employees, or any other person performing any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be consistent with
the intent of the Contract Documents.
The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor,
any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work.
26. Inspection of Work
The Project Manager, Consultant, Construction Engineering Inspector (CEI), and other City
representatives shall at all times have access to the Work during normal work hours, and Contractor shall
provide proper facilities for such access and for inspecting, measuring, and testing.
Should the Contract Documents, Consultant, CEI, Project Manager's instructions, any laws, ordinances,
or any public authority require any of the Work to be specially tested or approved, Contractor shall give
the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be
made by an authority other than City, timely notice shall be given of the date fixed for such testing.
Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work
should be covered up without approval or consent of the Project Manager, it must, if required by the
Project Manager, be uncovered for examination and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with
the City's testing laboratory or entity. The Contractor shall give the City and the Project Manager timely
notice of when and where tests and inspections are to be made so that the City or Project Manager may
be present for such procedures.
Re-examination of any of the Work may be ordered by the City, and if so ordered, the Work must be
uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City
shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not
in accordance with the Contract Documents, Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed
or partially completed, of the City or separate Contractors caused by the Contractor's correction or
removal of Work that is not in accordance with the requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the
Contract Documents, or to delay the Work by failure to inspect the materials and Work with reasonable
promptness, without the written permission or instruction of the Project Manager.
The payment of any compensation, whatever may be its character or form, or the giving of any gratuity
or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited,
and any such act on the part of the Contractor will constitute a breach of this Contract.
27. Taxes
Contractor shall pay all applicable sales, consumer, use and any other taxes required by law, rule, or
regulation. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
28. Separate Contracts
Prior to the commencement of the Work, the City will notify the Contractor of all ongoing Projects or
Projects scheduled to commence during the Work that may require coordination. The Contractor shall
be responsible for coordinating the Work with any other Project to minimize any potential adverse impact.
Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The
Project Manager will assist the Contractor in coordinating the Work; however, the sole responsibility for
coordination rests with the Contractor.
If any 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 the City any defects in such Work that render it
unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall
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constitute an acceptance of the other person's Work as fit and proper for the reception of Contractor's
Work, except as to defects that may develop in other Contractor's Work after the execution of Contractor's
Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution
of the Work so as to create no interference or impact on any other Contractor on the site. Should such
interference or impact occur, Contractor shall be liable to the affected Contractor for the cost of such
interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place
and shall at once report to the Project Manager any discrepancy between the executed Work and the
requirements of the Contract Documents.
29. Lands of Work
City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to
be performed, rights-of-way, and easements for access thereto and such other lands as are designated
by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and
access thereto that may be required for temporary construction facilities, or for storage of materials.
Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of
such facilities.
30. Coordination of Work
The Project site(s) may be occupied and may operate as specified in Section 4, Supplemental Terms
and Conditions, Article 1, "Contract Time and Hours." Contractor shall ensure that the performance of
the Work does not impact any ongoing operations at Project site(s), which also includes the delivery of
any materials and equipment. Access to and egress from the Project site(s) shall be coordinated with
the Project Manager and the Consultant to minimize interference to regular and emergency operations
of the facility. Contractor may be required to coordinate the Work with other Contractors performing Work
at the Project site.
31. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or concealed conditions
at the Project site(s) which differ materially from those shown in the Contract Documents and from those
ordinarily encountered and generally recognized as inherent in Work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site(s), of an unusual nature, which
differ materially from that ordinarily encountered and generally recognized as inherent in Work of the
character called for in the Contract Documents, Contractor, without disturbing the conditions and before
performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery,
notify the City in writing of the existence of the aforesaid conditions. The City shall, within two (2) business
days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor.
If, in the sole opinion of the City, the conditions do materially so differ and cause an increase or decrease
in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not
charged as a result of the conditions, the City shall recommend an equitable adjustment to the Contract
Documents Price or Contract Documents Time, or both. If the City and Contractor cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be 'referred to the Director for
determination. Should the Director determine that the conditions of the Project site(s) are not so
materially different to justify a change in the terms of the Contract Documents, the Director shall so notify
the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination
shall be final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this provision
shall be allowed unless Contractor has given written notice and otherwise fully documented altering site
conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment
or change to the Contract price or Contract time for differing site conditions shall be allowed if made after
the date certified by the City as the date of substantial completion.
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32. Existinq Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings.
The locations shown are taken from existing records and the best information available from existing
plans and utility investigations; however, it is expected that there may be some discrepancies and
omissions in the locations and quantities of utilities and structures shown. Those shown are for the
convenience of the Contractor only, and no responsibility is assumed by the City for their accuracy or
completeness. No request for additional compensation or Contract time resulting from encountering
utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow
time for any necessary adjustments. The Contractor must coordinate all underground utility locations
through "Sunshine State One Call of Florida, Inc.," who shall be contacted a minimum of forty-eight (48)
hours before the Contractor commences any digging. The Contractor is responsible for removing all
utility markings once the Work is completed. Final payment to the Contractor may be withheld until the
utility marks are removed.
33. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber
optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make
all arrangements necessary for the protection of these utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours
in advance. Under no circumstance expose any utility without first obtaining permission from the
appropriate agency. Once permission has been granted, locate, expose, and provide temporary support
for all existing underground utilities and utility poles where necessary.
The Contractor and their Subcontractors shall be solely and directly responsible to the owner and
operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions,
or claims of any character brought because of any injuries or damage that may result from the
construction operations under the Contract Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result
of the Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of
accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with
said authority in restoration of service as promptly as possible and bear all costs of repair. In no event
shall interruption of any utility service be allowed unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor may, by
obtaining prior approval of the water utility, cut the service, dig through, and restore the service with
similar and equal materials at the Contractor's expense and as approved by the City.
Replace, with material approved by the City, at Contractor's expense, any and all other laterals, existing
utilities or structures removed or damaged during construction, unless otherwise provided for in the
Contract Documents and as approved by the City.
Replace, with material approved by the City, at Contractor's expense, any existing utilities damaged
during the Work.
34. Interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While the information
has been compiled from the best available sources, its completeness and accuracy cannot be
guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall
coordinate with any affected companies, including utility companies and take necessary precautions to
prevent damage to existing structures whether on the surface, above ground, or underground, including
have the owner of the interfering structures place temporary supports.
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35. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be necessary.
Such relocations shall be made only by the direction of the Project Manager at the Contractor's expense.
If existing structures are encountered that will prevent construction as shown, the Contractor shall notify
the Project Manager before continuing with the Work in order that the City may make such field revisions
as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project
Manager when an existing structure is encountered, and proceeds with the Work despite this
interference, the Contractor does so at their own risk.
36. Contractor's Use of Proiect Site(s)
Limitations may be placed on the Contractor's use of the Project site(s) and such limitations will be
identified by the Project Manager. In addition to such limitations, the Project Manager may make storage
available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall
also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation.
This is necessary, as the Project site(s) may remain in operation during the Work.
The Contractor shall:
Confine operations at the Project site(s) to the areas permitted by the Project Manager;
not disturb portions of the Project site(s) beyond the specified areas; conform to Project
site(s) rules and regulations affecting the Work.
❖ Keep existing driveways and entrances serving surrounding facilities clear and available
to the City, its employees and the public at all times; not use areas for parking and/or
storage of materials except as authorized by the Project Manager.
❖ Assume all responsibility for its tools, equipment and materials, including any materials
purchased for the Work and not accepted by the City, and its vehicles while performing
Work for the City and/or while parked or stored at a City facility. The City assumes no
liability for damage or loss to the items specified in this paragraph.
Access to parking and egress from the Project site(s) shall be subject to the approval of the Project
Manager.
37. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract Documents will
be new unless otherwise specified and that all of the Work will be of good quality, free from faults and
defects and in conformance with the Contract Documents and Contract/Documents.
All Work not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. If required by the City, Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other
provisions within the Contract Documents.
38. Material and Equipment Shipment, Handling, Storage and Protection
Preparation for Shipment: When practical, equipment shall be factory assembled. The equipment parts
and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions.
The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate
assembly. All assemblies are to be made by the Contractor at no additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be protected with an
application of a strippable protective coating, or other approved protective method.
Equipment shall be packaged or crated in a manner that will provide protection from damage during
shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its contents by
name and equipment number, if applicable; approximate weight; state any special precautions for
handling; and indicate the recommended requirements for storage prior to installation.
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Packaging and Delivery of Spare Parts and Special Tools: Properly mark to identify the associated
equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection
against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked
to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time
associated equipment is scheduled for the initial test run.
Shipment: All equipment and material shall be shipped with freight and shipping paid freight on board
(FOB) job site. The Contractor shall request a seven (7) calendar day advance notice of shipment from
manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the current
delivery information concerning equipment items and material items of critical importance to the Project
schedule.
Receiving: The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment
maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included
in the prices bid and no extra compensation will be allowed.
Inspection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall
inspect for completeness and any evidence of damage during shipment. City supplied equipment and
material shall be inspected and inventoried together with City's Inspector. Should there appear to be any
shortage or damage, the City shall be immediately notified; and the Contractor shall be fully responsible
for informing the manufacturers and the transportation company of the extent of the shortage or damage.
If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary
measures to expedite the replacement or supply the missing parts.
Handling: Equipment and materials received for installation on the Project shall be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent damage.
Storage: Equipment and materials shall be stored prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards.
Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items
requiring environmental control for protection shall be provided with the necessary environmentally
controlled storage facilities at no cost to the City.
Insurance: The Contractor's insurance shall adequately cover the value of materials delivered but not
yet incorporated into the Work.
Inventory Control: Equipment and materials shall be stored in a manner to provide easy access for
inspection and inventory control. The Contractor shall keep a running account of all materials in storage
to facilitate inspection and to estimate progress payments for materials delivered but not installed in the
Work.
Equipment's Maintenance Prior to Acceptance by the City: Provide the required or manufacturer's
recommended maintenance during storage, during the installation, and until such time as the City accepts
the equipment for full-time operation.
Salvage Eguipment: Any salvageable pipe, fittings, or other miscellaneous material or equipment
removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the
Contractor at his own expense, where directed by the City, and shall remain the property of the City. All
other material shall be disposed of by the Contractor at his own expense.
39. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where
required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for
delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the performance of the
Work, to the extent that these instructions and recommendations are more explicit or more stringent than
requirements indicated in the Contract Documents including the Contract Documents.
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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 and isolate each unit of Work from incompatible
Work as necessary to prevent potential interference among each section and/or deterioration of
equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity
of uncovering Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified representative shall be
present to observe field conditions, conditions of surface and installation, quality of workmanship, and
applications. Manufacturer's representative shall provide the Contractor and the City a written report of
field observations.
40. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be
made available to the City for material and equipment covered by this Contract Documents. All material
and equipment furnished shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent
defects that may occur within the manufacturer's standard warranty. The Contract Documents may
supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project.
41. Reference Standards
Reference to the standards of any technical society, organization, or body shall be construed to mean
the latest standard adopted and published at the date 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.
42. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and
any and all other submittals to make, sure they comply with the Contract Documents prior to submission
to the City.
Contractor by approving and submitting any submittals, represents that they have verified the accuracy
of the submittals, and they have verified all of the submittal information and documentation with the
requirements of the Contract Documents. At time of submission the Contractor shall advise the City in
writing of any deviations from the Contract Documents. Failure of the Contractor to advise the City of
any deviations shall make the Contractor solely responsible for any costs incurred to correct, add, or
modify any portion of the Work to comply with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following information:
■ Number and title of drawing, including Contract title and Number
■ Date of drawing and revisions
■ Name of Contractor and Subcontractor (if any) submitting drawings
■ Name of Project, Building or Facility
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■ Specification Section title and number
■ Contractor's Stamp of approval, signed by the Contractor or his checker
■ Space above the title block for Project Manager's or Consultant's action stamp
■ Submittal or re -submittal number (whether first, second, third, etc.)
■ Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label
to certify compliance with the requirements of the Contract Documents. Shop drawings submitted without
the stamp, signature shall be rejected, and it will be considered that the Contractor has not complied with
the requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur
as a result of such rejection. City shall not be liable for any materials, fabrication of products or Work
commenced that requires submittals until the City has returned approved submittals to the Contractor.
The City shall make every effort to review submittals within fourteen (14) calendar days from the date of
receipt by the City. The City's review shall only be for conformance with design concepts and the
information provided in the Contract Documents. The approval of a separate item shall not constitute
approval of an assembly in which the item functions. The City shall return the shop drawings to the
Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of
any responsibility for any deviations from the requirements of the Contract Documents unless the
Contractor has given written notice to the City of the specific deviations and the Consultant have issued
written approval of such deviations.
By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that
all materials, field measurements and field construction criteria related thereto have been verified,
checked and coordinated with the requirements of the Work and have been verified, checked and
coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all shop drawings, copies of product data and
samples, which bear the EOR's stamp of approval. Distribution shall include, but not be limited to; job
site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require
the information. The Contractor shall also provide copies of all plans approved and permitted by the
required governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by
the City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any
shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the
Contract Documents. Nothing in the City's review of shop drawings, Submittals and Samples shall be
construed as authorizing additional Work or increased cost to the City.
Where a conflict exists between the submittal requirements of the General Terms and Conditions and
the Technical Specifications, the Technical Specifications shall prevail.
43. Shop Drawings
Contractor shall submit shop drawings as required by the Contract Documents. The purpose of the shop
drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation
requirements, details of the item, and evidence of its compliance or noncompliance with this Contract
Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to the City a
complete list .and submittal log of items for which shop drawings are to be submitted and shall identify
the critical items and all submittal dates. Approval of this list by the City shall in no way relieve the
Contractor from submitting complete shop drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to expedite final approval
of shop drawings.
After the approval of the list of items required in above, Contractor shall promptly request shop drawings
from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the shop drawings and each and every copy shall show its
approval theregn.
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Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code
(Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed
engineer. It is the sole responsibility of the Contractor to ensure that the shop drawings meet all Code
requirements.
In addition to all shop drawings required by the Contract Documents the Contractor must provide shop
drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration
trench filter fabric. If the shop drawings show or indicate departures from the Contract Documents,
Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such
departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents.
The City shall review and accept or reject with comments, shop drawings within fourteen (14) calendar
days from the date received. The City's approval of shop drawings will be general and shall not relieve
Contractor of responsibility for the accuracy of such shop drawings, nor for the proper fitting and
construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents
and not indicated on the shop drawings. No Work called for by shop drawings shall be performed until
said shop drawings have been approved by EOR. Approval shall not relieve Contractor from
responsibility for errors or omissions of any sort on the shop drawings.
No approval will be given to partial submittals of shop drawings for items, which interconnect and/or are
interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to
assemble the shop drawings for all such interconnecting and/or interdependent items, check them and
then make one submittal to the City along with its comments as to compliance, noncompliance, or
features requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any
additional information or changes on such drawings shall be typewritten or lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly
detailed and shall have listed on it all Contract Documents references, drawing number(s), specification
section number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in
every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of
fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary
information per standard trade practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials, systems, and or
equipment are required, EOR is entitled to rely upon the accuracy and completeness of such calculations
and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat
clear and easy format to follow.
Contractor shall keep one (1) set of shop drawings marked with EOR's approval at the job site at all times.
44. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating and
maintenance manuals. Each copy must be marked to identify applicable products, models, options and
other data. Contractor shall supplement manufacturer's standard data to provide information unique to
the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent
products, with references to the specifications and the Contract Documents. Identify reference
standards, performance characteristics and capacities, wiring and piping diagrams and controls,
component parts, finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information, and operating and maintenance
manuals at fifty percent (50%) completion of construction.
45. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals
shall be coordinated for different categories of interfacing Work. Contractor shall include identification on
each sample and provide full information.
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46. Record Set
Contractor shall maintain in a safe place at the Project site(s) one (1) record copy and one (1) permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings,
amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and
clarifications issued by the City, in good order and annotated to show all changes made during
construction.
The record documents shall be continuously updated by Contractor throughout the prosecution of the
Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes
resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written
interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility
services. Contractor shall certify the accuracy of the updated record documents. As a condition
precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the
City, that Contractor is fulfilling its obligation to continuously update the record documents. All buried
items, outside the Project site(s), shall be accurately located on the record documents as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces).
The record documents shall be clean, and all changes, corrections, and dimensions shall be given in a
neat and legible manner in red. The record documents shall be available to the City and the Consultant
for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to
final payment, the record documents shall be delivered to the City by the Contractor. The Record Set of
drawing shall be submitted in both hard copy and as electronic plot files.
47. Supplemental Drawings and Instructions
The City shall have the right to approve and issue supplemental instructions setting forth written orders,
instructions, or interpretations concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Documents Price or this Contract
Documents Time.
The City shall have the right to modify the details of the plans and specifications, to supplement the plans
and specifications with additional plans, drawings, or additional information as the Work proceeds, all of
which shall be considered as part of the Contract Documents. In case of disagreement between the
written and graphic portions of the Contract Documents, the written portion shall govern.
48. Contractor Furnished Drawinqs
Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings
depending on the nature and scope of the Work to be performed. The following applies to the different
types of drawings. The City shall, after review of the drawings, initial and mark the drawings in one of
the following manners:
1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed
subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are recommended. Submittal
must be revised and resubmitted for acceptance prior to Work proceeding.
4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to
excessive changes or corrections or other justifiable reason. Drawings must be corrected and
resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by the City prior to
resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from
responsibility for errors and omissions in the drawings.
49. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents by using the
name of a proprietary item or the name of a particular supplier, the naming of the item is intended to
establish the type, function, and quality required. Unless the name is followed by words indicating that
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no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant
sufficient information is submitted by Contractor to allow City and Consultant to determine that the
material or equipment proposed is equivalent or equal to that named. Requests for review of substitute
items of material and equipment will not be accepted by the City from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make
application to the City for acceptance thereof, certifying that the proposed substitute shall perform
adequately the functions and achieve the results called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as that specified. The application shall state
that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement
of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will
require a change in any of the Contract Documents to adapt the design to the proposed substitute and
whether or not incorporation or use by the substitute in connection with the Work is subject to payment
of any license fee or royalty. All variations of the proposed substitute from that specified will be identified
in the application and available maintenance, repair and replacement service shall be indicated. The
application also shall contain an itemized estimate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs for redesign and claims of other Contractors affected by
the resulting change, all of which shall be considered by the Consultant in evaluating the proposed
substitute. The City may require the Contractor to furnish at Contractor's expense additional data about
the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated in or required
by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique,
sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient
information to allow the EOR to determine that the substitute proposed is equivalent to that indicated or
required by the Contract Documents. The procedures for submission to and review by the Consultant
shall be the same as those provided herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute.
The City shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered,
installed or utilized without the City's and the Consultant's prior written acceptance which shall be
evidenced by either a Change Order or an approved submittal. The City may require the Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with respect to any
substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the
Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any
required design of such are in full compliance with and meet all the requirements of the Contract
Documents.
City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the
Contractor to bring to the immediate attention of the City any discrepancies between the drawings and
existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and
during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings
prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which
might have been avoided by notifying the City prior to commencement. This shall also apply to any
revisions or omissions identified by the Contractor. The Contractor shall submit all requests for
information entitled Request for Information (RFI). The City shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify
any required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing
the Work. The drawings are to be addressed as a complete set and should not be used in parts.
Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be
performed correctly and coordinated among the trades. Contractor shall not scale the drawings.
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51. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used
together and not separately. During the performance of the Project, should any errors, omissions,
conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the City will clarify
in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the City's
interpretation and perform the Work in accordance with the decision of the City. In such event, the
Contractor will be held to have included in its Contract Price the best materials suitable for the purpose
and/or methods of construction.
52. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract
Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. 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.
53. Field Directives
The City may at times issue field directives to the Contractor based on visits to the Project site(s). Such
Field Directives shall be pre -approved by FDOT and issued in writing and the Contractor shall be required
to comply with the directive. Where the Contractor believes that the directive is outside the scope of the
Work, the Contractor shall, within forty-eight (48) hours, notify the City that the Work is outside the scope
of the Work. At that time, the Field Directive may be rescinded, or the Contractor may be required to
submit a request for a change to the Contract. Where the Contractor is notified of the City's position that
the Work is within the scope and the Contractor disagrees, the Contractor shall notify the City that the
Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At
no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may
result in a determination that the Contractor is in default of the Contract.
54. Changes in the Work or Contract Documents
The provisions stated in FDOT Section 4-3 Alteration of Plan or of Character of Work shall apply to this
Article. Any changes to the terms of the Contract Documents must be contained in a written document,
executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed
only by City.
55. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with City, including disputes or disagreements concerning a request for a Change Order,
a request for a change in the Contract price or Contract time for completion. The Work shall not be
delayed or postponed pending resolution of any disputes or disagreements.
56. Change Orders
Changes in the quantity or character of the Work within the scope of the Project which are not properly
the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in
the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance
and issued in accordance with the provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract
Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option
to either terminate the Contract as it applies to the items in question and make such arrangements as
may be deemed necessary to complete the disputed Work; or submit the matter in dispute to the Director
as set forth in Article 91, "Resolution of Disputes." During the pendency of the dispute, and upon receipt
of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise the City and Director in writing within seven (7) calendar days of Contractor's
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agreement or disagreement with the method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the
performance bond and payment bond (if applicable) are increased so that each reflects the total Contract
Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City.
The City reserves the right to order changes which may result in additions to or reductions from the
amount, type, or value of the Work shown in the Contract and which are within the general scope of the
Contract Documents. Any such changes will be known as "Extra Work."
No Extra Work shall be performed except pursuant to written orders of the City expressly and
unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the
absence of such an order, the City may direct, order or require the Contractor to perform any Work
including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply
and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto
and give written notice to the City stating why the Contractor deems such Work (hereinafter "Disputed
Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project
Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the City
to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity
to the City to take such action as it may deem advisable in light of such disputed Work.
57. 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 of 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 start the
Extra Work immediately. The Contractor is required to obtain permission for an extension to start the
Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal Request,
which shall include requested revisions to the Contract, including but not limited to adjustments in this
Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the
cost proposal demonstrating its reasonableness. In furtherance. of this obligation, the City may require
that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs,
labor rates by trade, and Work classification and overhead rates in support of Contractor's Change
Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and
an explanation of the cost and schedule impact of the Extra Work on the Project. If the Contractor fails
to notify the City of the schedule changes associated with the Extra Work, it will be deemed an
acknowledgment by Contractor that the proposed Extra Work will not have any scheduling
consequences. The Contractor agrees the Change Proposal Request will in no event include a combined
profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the
City determines that the complexity and risk of the Extra Work is such that an additional factor is
appropriate. The Change Proposal Request may be accepted or modified by negotiations between the
Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the
Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order
shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection
with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to
the Extra Work.
Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5)
business days, submit a revised Project schedule reflecting the changes against the baseline schedule.
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58. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or modification, termination or
discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing
and signed by the parties charged, therewith or their duly authorized representative.
59. Value of Change Order Work
Provisions in LAP FDOT Section 4-3 shall apply to this Article. Where provisions of standards are in
conflict, the more restrictive or higher quality shall govern. The value of any Work covered by a Change
Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined
in one of the following ways:
■ Where the Work involved is covered by unit prices contained in the Contract, by application
of unit prices to the quantities of items involved.
■ By mutual acceptance of a Contract unit price, which Contractor and Project Manager
acknowledge, contains a component for overhead and profit.
■ On the basis of the "Cost of Work," determined as provided in this, plus a Contractor's fee for
overhead and profit, which is determined as provided in this Article.
■ The term "Cost of Work" means the sum of all direct costs necessarily incurred and paid by
Contractor in the proper performance of the Work described in the Change Order. Except as
otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the following items and
shall not include any of the costs itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the Work described
in the Change Proposal Request under schedules of job classifications agreed upon by the City. Payroll
costs for employees not employed full time on the Work covered by the Change Proposal Request shall
be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe benefits which shall include social security contributions,
unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement
benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing the Work after regular
working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by
City.
Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and manufacturers' field services required in connection therewith.
All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to
make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor
shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery
and the parts thereof whether rented from Contractor or others in accordance with rental agreements
approved by City with the advice of Consultant and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The
rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer
necessary for the Work.
If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor
and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the
Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the
Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall
be subject to the other provisions of the Contract Documents insofar as applicable.
The term "Cost of the Work" shall include any of the following:
Cost of special Consultants, including, but not limited to, Consultants, architects, testing
laboratories, and surveyors employed for services specifically related to the performance of
the Work described in the Change Order.
Supplemental costs including the following:
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■ The proportion of necessary transportation, travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties connected with the Work except for local travel to
and from the site of the Work.
■ Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by
the workmen, which are consumed in the performance of the Work, and less market value of
such items used but not consumed which remains the property of Contractor.
■ Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed
by any governmental authority.
■ Deposits lost for causes other than Contractor's negligence, royalty payments, and fees for
permits and licenses.
■ The cost of utilities, fuel, and sanitary facilities at the site.
■ Receipted minor expenses such as telegrams, long distance telephone calls, telephone
service at the site, expressage, and similar petty cash items in connection with the Work.
■ Cost of premiums for additional bonds and insurance required because of changes in the
Work.
The term "Cost of Work" shall not include any of the following:
■ Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnership and sole proprietorships), general managers, consultants, architects, estimators,
lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers,
clerks, and other personnel employed by Contractor whether at the site or in its principal or a
branch office, for general administration of the Work and not specifically included in the
agreed-upon schedule of job classifications, all of which are to be considered administrative
costs covered by Contractor's fee.
■ Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
■ Any part of Contractor's capital expenses, including interest on Contractor's capital employed
for the Work and charges against Contractor for delinquent payments.
■ Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by
the Contract Documents to purchase and maintain the same, except for additional bonds and
insurance required because of changes in the Work.
■ Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly
or indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied and making good any damage to property, or soft costs such as consultant costs, or
any costs not directly attributable to the work.
■ Other overhead or general expense costs of any kind and the cost of any item not specifically
and expressly included in this Article.
Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows:
■ A mutually acceptable fixed fee or if none can be agreed upon.
■ A fee based on the following percentages of the various portions of the cost of the Work.
■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent
(10%).
■ Where a Subcontractor performs the Work, Contractor's fee shall not exceed seven and one-
half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the
maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten
percent (10%).
■ No fee shall be payable for special Consultants or supplemental costs.
The amount of credit to be allowed by Contractor to City for any such change, which results in a net
decrease in cost, will be the amount of the actual net decrease. When both additions and credits are
involved in any one change, the combined overhead and profit shall be figured on the basis of the net
increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed.
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Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a
form acceptable to the City an itemized cost breakdown together with the supporting data.
Whenever a change in the Work is based on mutual acceptance of a lump sum, whether the amount is
an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to the
City.
Breakdown shall list the quantities and unit prices for materials, labor, equipment and other
items of cost.
Whenever a change involves Contractor and one (1) or more Subcontractors, and the change
is an increase in the Contract Price, overhead and profit percentage for Contractor and each
Subcontractor shall be itemized separately.
Each Change Order must state within the body of the Change Proposal Request whether it is
based upon unit price, negotiated lump sum, or "Cost of Work."
60. Extra Work Directive
Provisions in LAP FDOT Sections 4-3.2 to 4-3.5 shall apply to this Article. Where provisions of codes or
industry standards are in conflict, the more restrictive or higher quality shall govern. Except as provided
below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 91, "Resolution of
Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar days of
the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes.
Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its
bid and have not been resolved prior to the issuance of the Extra Work Directive. The written statement
must set forth all details of the Contractor's claim including the manner that the disputed item was
specified in the Contractor's bid. During the pendency of any dispute hereunder, the Contractor must
proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project
Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in
accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's
claim for an adjustment to the value of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory
price shall be as follows:
® No payment will be made to the Contractor for Extra Work in excess of -"Actual and Necessary
Cost" which is to say time and materials plus a mark-up not to exceed ten percent (10%). This
will not vary, whether the Extra Work is performed by the Contractor or his Subcontractor.
The Project Manager must approve any exceptions.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra
Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer
pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to
the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv)
any increases in public liability and property damage insurance or performance and payment bonds
occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the
expense of supplies and small tools not operated by mechanical or electrical power), power for such plant
and a, reasonable rental for the same (including small power tools), as determined by the Construction
Manager; and (vi) any additional materials necessary for the performance of the Extra Work.
In case any Work or materials shall be required to be done or furnished under the provisions of this
Article, the Contractor shall at the end of each _day furnish to the City such documentation as the City
may require supporting all the costs of the Extra Work. If payments on account are desired as the Extra
Work progresses, the Contractor shall render an itemized statement showing the total amount expended
for each class of labor and for each kind of material on account of each item of Work as a condition
precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the
Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements,
records or other documents showing the actual cost for labor and materials. Such documents shall not
be binding on the City. The Project Manager shall determine any questions or dispute as to the correct
cost of such labor, materials, or plant.
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In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project
Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will,
subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and
in addition thereto five percent (5%) to cover the Contractor's superintendence, administration and other
overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval,
modification or revision by representatives of the City.
61. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications
as approved by the Project Manager and prepare two copies of As -Built Record Drawings showing
correctly and accurately all changes and deviations made during construction to reflect the Work as it
was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for
errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are
correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or
below the concrete floor. Indicate the size, depth, and voltage in each conduit.
Legibly mark to record actual construction: On-site structures and site Work as follows:
■ Depths of various elements of foundation in relation to finish first floor datum.
■ All underground piping and ductwork with elevations and dimensions and locations of valves,
pull boxes, etc.
■ Changes in location: Horizontal and vertical locations of underground utilities and
appurtenances, referenced to permanent surface improvements. Actual installed pipe
material, class, etc.
■ Location of internal utilities and appurtenances concealed in the construction, referenced to
visible and accessible features of the structure. Air conditioning ducts with locations of
dampers, access doors, fans and other items needing periodic maintenance.
■ Field changes in dimensions and details.
■ Changes made by Project Manager's or Consultant's written instructions or by Change Order.
■ Details not on original Contract Drawings.
■ Equipment, conduit, and/or electrical panel locations.
■ Project Manager's or Consultant's schedule changes according to Contractor's records and
shop drawings.
Specifications and Addenda / Legibly mark each section to record:
■ Manufacturer, trade name, catalog number, and Supplier of each product and item of
equipment actually installed.
■ Changes made by Project Manager's or Consultant's written instructions or by Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system
and instrumentation system. As -built documents shall be updated monthly as a condition precedent to
payment. For construction of new building, or building additions, field improvements, and or roadway
improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor.
In addition, for Projects that involve roadwork and drainage, Contractor shall provide complete as -built
information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading;
include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust
blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted
(signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work.
All recorded information on existing utility crossing encountered during construction, included but not
limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on
the record drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or
existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.).
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62. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification card provided
by the Contractor. The identification card shall bear the employee's picture, name, title, and name of the
employer. Failure by a Contractor's employee to wear such identification may result in his removal from
the Work until such time as the identification card is obtained and worn. Such removal shall not act as a
basis for the Contractor to submit a claim for an extension of time.
63. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and replacement of any
personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor
to provide and perform services or Work pursuant to the requirements of the Contract Documents. The
Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either
the removal and replacement of such personnel or written justification as to why that may not occur. The
City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned
by City. The Contractor agrees that the removal of any of its employees does not require the termination
or demotion of employee(s).
64. Substantial Completion, Punch List, and Final Completion
The Work shall be substantially complete when the City, in the reasonable exercise of their discretion
determines that the Work is complete, there are no material and/or substantial variations from the
Contract Documents, and the Work is fit for its intended purpose. Upon Substantial Completion, the City
and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall
not relieve the Contractor from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall request in
writing that the City inspect the Work to determine if Substantial Completion has been achieved. No
request for Substantial Completion inspection is to be submitted until the Contractor has obtained a
Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of
Occupancy or any other approvals from agencies having jurisdiction over the Work. The City shall
schedule the date, time for any inspection, and notify the Contractor and any other parties deemed
necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed
as necessary. Any remaining Construction Work shall be identified on this form and shall be known as
Punch List Work. The Punch List shall be signed by the City and the Contractor, confirming that the
Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor
to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor
from complying with the findings of the Project Substantial Completion Inspection and completing the
Project to the satisfaction of the City.
Where the Punch List is limited to minor omissions and defects, the City shall indicate that the Work is
substantially complete subject to completion of the Punch List. Where the City determines, on the
appropriate form that the Work is not substantially complete, the City shall provide a list of all open items
necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall
request another Substantial Completion inspection.
The City and the Contractor shall agree on the time reasonably required to complete all remaining Work
included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues
and issuance of final payment, the City shall notify the Contractor in writing of the closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of
Substantial Completion. Once substantial completion is achieved, the City shall be responsible for
security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work
yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The
failure to include any items of corrective Work on such list does not alter the responsibility of Contractor
to complete all of the Work in accordance with the Contract Documents. Warranties required by the
Contract Documents shall commence on the date of Final Acceptance completion of the Work or
designated portion thereof unless otherwise provided in the Contract Documents.
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65. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance,
the City shall, within ten (10) calendar days, make an inspection thereof. If the City finds the Work
acceptable, the requisite documents have been submitted and the requirements of the Contract
Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a
Final Certificate for Payment shall be issued by the City. Said Certificate shall state that the requirements
of the Contract Documents have been performed and the Work is ready for acceptance under the terms
and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the City a final release of
all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that 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 the Project Manager so certifies, City shall, upon such certification of
Consultant, and without terminating the Contract Documents, make payment of the balance due for that
portion of the Work fully completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those
previously made in strict accordance with the provisions of the Contract and identified by Contractor as
unsettled at the time of the application for final payment.
66. NPDES Reguirements
Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge
Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm
Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the bid
prices. For further information on compliance requirements for NPDES and SWPPP contact the City of
Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at
http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing,
and paying for any required NPDES application or permits that may be required.
67. Force Nlaieure
Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term
is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate
with the cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under the Contract Documents due to a force
majeure condition, the Contractor shall request a time extension from the City within two (2) business
days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and
shall not be cause for any claim by the Contractor for extra compensation unless additional services are
required. Does Not Include inclement weather, except as permitted by Florida law, and may not include
the acts or omissions of Subcontractors.
68. Extension of Time
Provisions of LAP FDOT Section 8-7.3.2 shall apply to this Article.
69. Notification of Claim
Provisions in LAP FDOT Section 5-12 shall apply to this Article. Where provisions of codes, or standards
are in conflict, the more restrictive or higher quality shall govern. Any claim for a change in the Contract
Time or Contract Price shall be made by written notice by Contractor to the City within ten (10) calendar
days of the commencement of the event giving rise to the claim and stating the general nature and cause
of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to
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the claim, written notice of the extent of the claim with supporting information and documentation shall
be provided unless the City allows an additional period of time to ascertain more accurate data in support
of the claim and such notice shall be accompanied by Contractor's written notarized statement that the
adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as
a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price
shall be determined by the City in accordance with Article 71, "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.
70. Extension of Time Not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in
Article 72, "Excusable Delay, Non -Compensable," the Contractor shall not be entitled to a separate
extension for each one of the causes; only one (1) period of extension shall be granted for the delay.
71. Contractor's No Damacles for Delay; Time Extensions Only
LAP FDOT Section 8-7.3.2 shall apply to this section. Where provisions of codes or standards are in
conflict, the more restrictive or higher quality shall govern. No claim for damages or any claim, other than
for an extension of time, shall be made or asserted against City by reason of any delays except as
provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or
compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor
for actual delays due solely to fraud, bad faith or active interference on the part of City. Otherwise,
Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the
sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically
provided above. NO EXCEPTIONS.
Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees
to make no claim for damages for delay of any kind in the performance of the Contract Documents
whether occasioned by any act or omission of the City or any of its representatives (whether it is an
Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated
solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone
hereby specifically assumes the risk of such delays, including without limitation: delays in processing or
approving shop drawings, samples or other submittals or the failure to render determinations, approvals,
replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary
compensation for City delay. Time extensions may be authorized, in writing, by the City in certain
situations.
72. Excusable Delay, Non -Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors,
suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant,
or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors and by
the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation
for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to
Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 69,
"Notification of Claim," hereof.
Failure of Contractor to comply with Article 69, "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.
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73. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and grades as
required from the Project control points set by the City, and shall be solely responsible for the accuracy
thereof. 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.
74. Defective Work
LAP FDOT Sections 6-4 and 9-5.3.1 shall apply to this Article. Where provisions of codes, manufacturer's
specifications or industry standards are in conflict, the more restrictive or higher quality shall govern.
Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be
defective. If required by the City, Contractor shall promptly either correct all defective Work or remove
such defective Work and replace it with Work in conformity with the Contract Documents. Contractor
shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of
testing laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs
in accordance with the requirements of the Contract Documents within the time indicated in writing by
the City, City shall have the authority to cause the defective Work to be removed or corrected, or make
such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making
such removals, corrections or repairs, shall be paid for out of any monies due or which may become due
to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to
make all necessary repairs promptly and fully, City may declare Contractor in default.
If, within one (1) year after the date of Substantial Completion or such longer period of time as may be
prescribed by the terms of any applicable special warranty required by the Contract Documents, or by
any specific provision of the Contract, any of the Work is found to be defective or not in accordance with
the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such
defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing
contained herein shall be construed to establish a period of limitation with respect to any other obligation
that Contractor might have under the Contract Documents including but not limited to any claim regarding
latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection when such
defect is discovered, or obligate City to final acceptance.
76. Acceptance of Defective or felon -Conforming Work
In accordance with LAP FDOT Sections 6-4 and 9-5.3, the City will not accept Defective or Non -
Conforming Work.
76. Uncovering Finished Work
The Project Manager's, Inspector's, and/or Consultant's right to make inspections shall include the right
to order the Contractor to uncover or take down portions of finished Work. The City shall notify the
Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance
with the Contract Documents, the uncovering, taking down, replacement, and/or restoration of the parts
removed will be treated as Extra Work for the purpose of computing additional compensation and an
extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down,
replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include
repayment to the City for any and all expenses or costs incurred by it, including employee salaries or
related cost, in connection with such uncovering, taking down, replacing, and restoration at the Project
site.
77. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager as defective or as failing
to conform to the Contract Documents, whether observed before or after Substantial Completion and
whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting such
rejected Work, including the cost of the City's additional services thereby made necessary.
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The Contractor further agrees that after being notified in writing by the Project Manager of any Work not
in accordance with the requirements of the Contract Documents or any defects in the Work, the
Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the
Contract and to complete the Work within a reasonable period of time, as determined by the City, and in
the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such
Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand.
The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the
Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an
emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees,
the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct
such hazardous condition when it was caused by Work of the Contractor not being in accordance with
the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer period(s) of
time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special
warranty required by the Contract Documents, any of the Work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written
notice from the City to do so. The City shall give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and the Work
shall be corrected to comply with the Contract Documents without cost to the City.
Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic control
necessary to perform the Work under the Contract Documents. The cost of traffic control shall
be included in the Contractor's bid.
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its published
regulations, permits and data, shall be synonymous and interchangeable with other recognized
governing bodies over particular areas or streets, or their departments, published regulations (i.e.,
Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation
(FDOT), Roadway and Bridge Standard Index Drawing Book, permits or data. The Contractor
shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of
Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be
required for this Project.
Maintenance of Traffic (MOT)
The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including
furnishing and maintaining regulatory and informative signs along the detour route), traffic control,
and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control
Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall
be maintained according to corresponding typical traffic control details as outlined in the previous
noted standards. No Street shall be completely blocked, nor blocked more than one-half at any
time, keeping the other one-half open for traffic, without specific approval.
If required by the Project Manager, Traffic Division, or FDOT or as otherwise authorized by the
City, the Contractor shall make arrangements for the employment of uniformed off-duty police
officers to maintain and regulate the flow of traffic through the Work area. The number of men
required and the number of hours on duty necessary for the maintenance and regulation of traffic
flow shall be provided by the City of Miami Police Department.
The Contractor shall provide all barricades with warning lights, necessary arrow boards, and
signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be
erected and maintained by the Contractor to detour traffic.
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all
Excavated or other material stored adjacent to or partially upon a roadway pavement shall be
adequately marked for traffic safety at all times. The Contractor shall provide necessary access
to all adjacent property during construction.
The Contractor shall be responsible for the provision, installation, and maintenance of all MOT
and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
and FDOT Roadway and Bridge Standards index -drawing book. In addition, the Contractor shall
be responsible for providing the City with MOT plans for lane closures and/or detours for approval.
These plans (sketches) shall be produced, signed and sealed by a professional engineer
registered in the State of Florida, employed by the Contractor and certified under FDOT
Procedure NPIL No. 625-010-010.
Where excavations are to be made in the vicinity of signalized intersections, attention is directed
to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these
locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center
(1-800-432-4770), forty-eight (48) hours prior to any excavation. Any loop detector which is
damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of
the Miami Dade County Signs and Signal Division (305) 592-3470.
Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance
of the construction date or forty-eight (48) hours in advance of construction within any signalized
intersection.
Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to
be routed over swale or median areas. When the temporary pavement for routing traffic is no
longer necessary, it shall be removed, and the swale or median areas restored to their previous
condition.
Pavement markings damaged during construction shall be remarked, as required by the Traffic
Division.
Maintenance of Traffic for Bypass Pumping
The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses
are protected from vehicular traffic and pedestrian traffic.
I_an,- Clnsures
Where construction of the Project shall involve lane closures public streets, the following shall
apply:
Lane closures require a Lane Closure Permit, obtained two (2) weeks prior to planned
construction, with a minimum forty-eight (48) hour prior notice to local police and emergency
departments (some police jurisdictions may require considerably more notice). Lane closures of
a one day or less duration will generally not be approved for major collector streets or for arterial
streets during the hours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. weekdays.
Location and Damage to Existing Facilities, Equipment, or Utilities
As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However,
City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It
shall be the Contractor's responsibility to field verify all underground and overhead utility lines or
equipment affecting or affected by the Project. No additional payment will be made to the Contractor
because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the
start of construction to arrange for positive underground location, relocation, or support of its utility where
that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains
or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by
utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of
permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No
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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.
80. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any
part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no
sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on
a later date as the parties may agree. Any such order shall be specifically identified as a "Stop Work
Order" issued pursuant to this paragraph. Within the period of ninety (90) calendar days (or the lesser
period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which
the parties have agreed, the City shall either:
Cancel the Stop Work Order; or
Terminate the Work covered by such order as provided in Article 90, "Termination for
Convenience."
If a Stop Work Order issued under this Article is canceled or the period of the order or any extension
thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such
suspension other than extending the time for Substantial Completion to the extent that, in the opinion of
the City, the Contractor may have been delayed by such suspension. In the event the City determines
that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work
conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the
Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order.
81. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as being a hurricane
warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project
site in response to all threatened storm events, regardless of whether the City has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute additional Work.
Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City
has directed such suspension, will entitle the Contractor to additional Contract time as non -compensable,
excusable delay, and shall not give rise to a claim for compensable delay.
82. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or partially
completed portions of the Project. Such possession and use shall not be deemed an acceptance or
beneficial use or occupancy of any of the Work not completed in accordance with the Contract
Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be
entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by the
City.
In the event City takes possession of any completed or partially completed portions of the Project, the
following shall occur:
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■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's
intended occupancy of a designated area.
■ Contractor shall complete to the point of Substantial Completion the designated area and
request inspection and issuance of a Certificate of Substantial Completion from the City.
■ Upon the City's issuance of a Certificate of Substantial Completion, City will assume full
responsibility for maintenance, utilities, subsequent damages of City and public, adjustment
of insurance coverage, and start of warranty for the occupied area.
■ Contractor shall complete all items noted on the Certificate of Substantial Completion within
the time specified by the City on the Certificate of Substantial Completion, as specified in the
Punch List and request final inspection and final acceptance of the portion of the Work
occupied. Upon completion of final inspection and receipt of an application for final payment,
City shall issue a Certificate of Final Payment relative to the occupied area.
■ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion thereof, such occupancy or use shall not commence prior to a time mutually
agreed upon by City and Contractor and to which the insurance company or companies
providing the property insurance have consented by endorsement to the policy or policies.
Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on
account of such partial occupancy or use. Consent of Contractor and of the insurance
company or companies to such occupancy or use shall not be unreasonably withheld.
83. Cleaning Up; City's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24)
hours. At the completion of a Project, Contractor shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and surplus materials. If
Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may
do so, and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and
separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost
thereof to the contractors responsible therefore as the City shall determine to be just. All combustible
waste materials shall be removed from the Project at the end of each day. Cleaning operations should
be controlled to limit dust and other particles adhering to existing surfaces.
84. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified
to do so by the City, shall promptly remove any part or all of Contractor's equipment and supplies from
the property of City. If the Contractor does not comply with City's order, the City shall have the right to
remove such equipment and supplies at the expense of Contractor.
85. Set -offs, Withholdings, and Deductions
The City may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be
specifically allowed in the Contract or by applicable law including, without limitation, the following:
■ Any amount of any claim by a third party;
■ Any Liquidated Damages; and/or
■ Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is
ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local
Government Prompt Payment Act.
86. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the
generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of
Default, shall include but not limited to, the following:
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■ The Contractor has not performed the Work in a timely manner;
■ The Contractor has refused or failed, except in case for which an extension of time is provided,
to supply properly skilled staff or provided sufficient quantities of staff to perform the Work;
■ The Contractor has failed to make prompt payment to Subcontractors or suppliers for any
services or materials they have provided;
■ The Contractor has become insolvent or has assigned the proceeds received for the benefit
of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute
or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver;
■ The Contractor has failed to obtain the approval of the City where required by the Contract;
■ The Contractor has failed in the representation of any warranties stated herein;
■ When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the
Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it
must, within the time frame set forth in the City's request, provide adequate assurances and
a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with
the terms of the Contract Documents. In the event that the Contractor fails to provide to the
City the requested assurances within the prescribed time frame, the City may:
❖ Treat such failure as a repudiation of the Contract and/or;
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.
87. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations under the
Contract, the City may at its sole discretion notify the Contractor in writing, specifying the basis for such
default, and advising the Contractor that such default must be cured within a specified time frame or the
Contract with the City may be terminated. The City should issue such Notification; however, the City
is under no obligation to issue such notification in the event the City lacks actual knowledge of
the default. The City may grant an extension to the cure period if the City deems it appropriate and in
the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole
discretion, may have a default corrected by its own forces or another Contractor and any such costs
incurred will be deducted from any sums due the Contractor under any Contract with the City.
88. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any
of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default
hereunder which is not cured within the time specified to cure the default if one has been granted by the
City, the Director in addition to all remedies available to it by law, may immediately, upon written notice
to Contractor, terminate this Contract whereupon any advances for which Work has not been performed,
paid by the City to Contractor while Contractor was in default shall be immediately returned to the City.
The Director may also suspend any payment or part thereof or order a Work stoppage until such time as
the issues concerning compliance are resolved. Contractor understands and agrees that termination of
this Contract under this Article shall not release Contractor from any obligation. accruing prior to the
effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation, any of the
following:
■ Contractor fails to obtain the insurance or bonding herein required by the Contract.
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■ Contractor fails to comply with any of its duties under the Contract Documents, with any terms
or conditions set forth in this Contract, beyond any specified period allowed to cure such
default.
■ Contractor fails to commence the Work within the timeframes provided or contemplated
herein, or fails to complete the Work in a timely manner as required by the Contract.
If this Contract is terminated for default and the City has satisfied its obligations under the Contract
Documents the City is granted by the Contractor full use of the Work and any Work Product in connection
with the City's completion and occupancy of the Project.
Where it has been determined that the Contractor has been erroneously terminated under this Article,
such termination shall be deemed to have been under Article 90, "Termination for Convenience." The
City in its sole discretion may terminate the Contract without providing the Contractor a written Notice to
Cure.
89. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified
of the effective date of the termination and shall be liable for all damages resulting from the default,
including but not limited to re -procurement costs and other direct damages
The Contractor shall stop Work as of the date of notification of the termination and immediately remove
all labor, equipment, and materials (not owned or paid for by the City) from the Work site. The City
assumes no liability for the Contractor's failure to remove such items from the Project site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default.
As an alternative to termination, the City may bring suit or proceedings for specific performance or for an
injunction.
90. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any
time, in its sole discretion, with or without cause, terminate the Contract by written notice to the
Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under
the Contract and vacate the Project site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
■ Stop all Work on the Project on the date specified in the notice (the "Effective Date");
■ Take such action as may be necessary for the protection and preservation of the City's
materials and property;
■ Cancel all cancelable orders for materials and equipment;
■ Assign to the City and deliver to the site, or any other location specified by the Project
Manager, any non -cancelable orders for materials and equipment that can not otherwise be
used except for Work under the Contract and have been specifically fabricated for the sole
purpose of the Work and not incorporated in the Work;
■ Take no action that shall increase the amounts payable by the City under the Contract
Documents;
■ Take reasonable measures to mitigate the City's liability under the Contract Documents; and
■ All charts, sketches, studies, drawings, reports and other documents, including electronic
documents, related to Work authorized under the Contract, whether finished or not, must be
turned over to the City. Failure to timely deliver the documentation shall be cause to withhold
any payments due without recourse by Contractor until all documentation is delivered to the
City.
In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents,
the City will pay the Contractor:
® For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the
Project completed in accordance with the Contract through the completion date, and (2) non-
cancelable material(s) and equipment that is not of any use to the City except in the
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performance of the Contract, and has been specifically fabricated for the sole purpose of the
Contract but not incorporated in the Work. To the extent practical, the fair and reasonable
value shall be based on the price established because of the Contract. In no event, shall any
payments under this Paragraph exceed the maximum cost set forth in the Contract;
■ The amount due hereunder may be offset by all payments made to the Contractor;
■ All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of
all claims against the City arising out of the termination. Further, the City may deduct or set
off against any sums due and payable under this Article any claims it may have against the
Contractor;
■ Contractor shall not be entitled to lost profits, overhead or consequential damages as a result
of a Termination for Convenience; and
■ All payments made under the Contract are subject to audit.
Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor grants
the City full use of the Work and any Work Product to complete the Project and subsequently occupy the
Project.
91. Resolution of Disputes
Contractor understands and agrees that all disputes between the Contractor and the City based upon an
alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the
following manner.
The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute
and submit a copy to the City of Miami personnel identified in Section 3, Article 4, "Notices."
Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit
their dispute in writing, with all supporting documentation, to the Assistant Director of OCI, as identified
in Section 3, Article 4, "Notices." Upon receipt of said notification, the Assistant Director of OCI shall
review the issues relative to the claim or dispute and issue a written finding.
Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall
submit their dispute in writing within five (5) calendar days to the Director of OCI. Failure to submit such
appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of
said notification, the Director of OCI shall review the issues relative to the claim or dispute and issue a
written finding.
Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the
Contractor. Appeal to the City Manager for the resolution, is required prior to Contractor being entitled
to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed
one hundred thousand dollars ($100,000), the City Manager's decision shall be approved or disapproved
by the City Commission. Contractor shall not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City Commission if
applicable; or
(ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed
statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90)
calendar days has expired where City Manager's decision is subject to City Commission for
approval; or
(iii) City has waived compliance with the procedure set forth in this Article by written instrument(s)
signed by the City Manager.
In the event the determination of a dispute under this Article is unacceptable to either party hereto, the
party objecting to the determination must notify the other party in writing within fourteen (14) calendar
days of receipt of the written determination. The notice must state the basis of the objection and must
be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire
adjustment to which the objecting party has reason to believe it is entitled to as a result of the
determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations hereunder and to attempt to
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prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not
be resolved in mediation, the parties retain all their legal rights and remedies provided under State law.
If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such
party objecting to a determination specifically waives all of its rights provided hereunder, including its
rights and remedies under State law, if said party fails to comply in strict accordance with the
requirements of this Article.
92. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the
construction of a Project, and/or following the completion of the Project, the parties to this Contract agree
all unresolved disputes between them shall be submitted to non-binding mediation prior to the initiation
of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find
mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida.
The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include
such similar Contract provisions with all Sub -Contractors retained for the Work, thereby providing for non-
binding mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial
or to file permissive counterclaims in any action arising under this Contract.
In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees
(except as to a civil action seeking enforcement/performance of obligations to indemnify, in which
case if the City must institute a civil action to obligate the Contractor, its carrier, and/or surety to
comply with the Indemnity Clause then the City will be entitled to recover its reasonable attorney's
fees for that civil action only).
93. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or existing at law or
in equity, and each and every such remedy shall be in addition to every other remedy so specifically
given or otherwise 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.
94. Permits, Licenses, and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor.
That includes also any other permit fees not directly related to the actual construction of the Project,
including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc.,
which may be required by Miami -Dade County, the State of Florida, or other governmental entities.
Except as otherwise provided within the Contract Documents, all permits, and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken
by Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It is
Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the
Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons
working on the Project for whom a Certificate of Competency is required.
Contractor shall pay impact fees levied by the City and/or Miami -Dade County. Contractor shall be
reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an
invoice or other acceptable documentation issued by the public entity.
Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's
Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works
Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's
Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the
City through an Allowance Account set for herein, evidenced by an invoice or other acceptable
documentation issued by the public entity.
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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.
95. Compliance with Applicable Laws
All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract
documents and specifications, the City of Miami's Standards for Design and Construction as well as the
Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation
Specifications Road and Bridge Construction.
The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules,
regulations, and building and construction codes of the Federal government, the State of Florida, the
County, and the City.
Vendor/Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to confirm
the employment eligibility of all persons employed by the Vendor/Contractor during the term of the
Contract to perform employment duties within Florida and all persons, including subcontractors, assigned
by the Vendor/Contractor to perform work pursuant to the contract with the Department.
The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes
of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and
Subcontractor doing business anywhere in the City.
96. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an Independent
Contractor. In accordance with the status of an Independent Contractor, the Contractor covenants and
agrees that the Contractor will conduct business in a manner consistent with that status, that the
Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an
officer or employee of the City, including, but not limited to: worker's compensation coverage;
unemployment insurance benefits; social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible
for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the
Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions,
liabilities or obligations of those of any person, firm, company, agency association, corporation, or
organization engaged by the Contractor as a Subcontractor, expert, consultant, Independent Contractors,
specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to:
unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any
kind. The Contractor hereby agrees to defend, indemnify, hold and save harmless the City against any
such liabilities, even if they arise from actions directed or taken by the City.
97. 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.
96. Successors and Assigns
Subject to Section 3, Article 112, "Consent of City Required for Subletting or Assignment," 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.
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Any transference without City approval shall be cause for the City to terminate this Contract. Any
assignment without the City's consent shall be null and void. The Contractor shall have no recourse from
such cancellation. The City may require bonding, other security, certified financial statements, and tax
returns from any proposed assignee and the execution of an assignment/ assumption agreement in a
form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal representatives
and authorized assigns to the other party of this Contract and to the partners, successors, legal
representatives, and assigns of such party in respect to all covenants of this Agreement.
99. 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.
100. Severability
In the event any provision of the Contract Documents is determined by a Court of competent jurisdiction
to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this
Contract, and the remainder of the Contract Documents shall continue in full force and effect.
Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely
affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety.
An election to terminate the Contract based upon this provision shall be made within seven (7) calendar
days after the finding by the court becomes final.
101. Applicable Law and Venue of Litigation
This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of
choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the terms or conditions,
herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties
waive any objections to venue. Parties shall bear their own attorney's fees.
102. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless pre -approved by FDOT and contained in a written document prepared with the same or similar
formality as this Contract and executed by the City Manager, Director, or designee.
103. 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.
104. Nondiscrimination, Equal Employment Opportunity, Affirmative Action, and Americans
with Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use
or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively
comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of
providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination
on the basis of disability), and all applicable regulations, guidelines, and standards. In addition,
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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.
Contractor has an EEO policy that prohibits discrimination and provides for affirmative action in
employment practices. The Contractor shall adopt the following statement as his operating policy:
"It is the policy of this company to assure that applicants are employed, and that employees are treated
during employment, without regard to their race, religion, sex, color, national origin, age, or disability.
Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and/or on-the-job training."
Contractor agrees to apply a good faith effort to eliminate past and present discrimination and to ensure
that future discriminatory practices do not occur.
Contractor will have a designated EEO Officer who has the responsibility and authority to administer the
Contractor's EEO program.
All of the Contractor's employees who have an active role in the hiring, supervision, or advancement of
employees shall be made aware of and instructed to implement the EEO policy. In addition, employees,
including applicants and potential employees, will be informed of the Contractor's EEO policy through
posted notices, posters, handbooks, and employee meetings.
The Contractor shall not discriminate in his recruitment practices and should make an effort to identify
sources of potential minority and women employees.
The Contractor is required to periodically review project sites, wages, personnel actions, etc., for
evidence of discriminatory treatment. The Contractor is to promptly investigate all alleged discrimination
complaints.
The Contractor is required to advise employees and applicants of training programs available and to
assist in the improvement of the skills of minorities, women, and applicants, through such programs.
The EEO policy also pertains to Contractor's selection of Subcontractors, including material suppliers
and equipment leasing companies.
Records that document compliance with the EEO policy shall be prepared and retained by the Contractor
for a period of three years after project completion. These records should include the numbers of minority,
women, and non -minority employees in each work classification on the project; and the progress and
effort being made to increase the employment opportunities for minorities and women.
The Contractor is required to submit an annual EEO report, attached, to the STA (Supervisory Trial
Attorney) each July, for the duration of the project. If the project contains on-the-job training (OJT), this
information is also required to be collected and reported.
The Contractor further agrees to comply with"all applicable provisions of Florida Executive order 11246
attached hereto on page 138 and incorporated herein.
The Certification of Compliance with EEO Provisions on Federal Aid Contracts Form as set forth in
Attachments section shall be included in the advertised bidding proposal and made part of the contract
for each contract and each covered Federal -aid highway construction subcontract.
In order to obtain information required by 48 CFR, chapter 1, Sec. 22.804-2 (c), the aforementioned
requirement along with a completed W-9 shall be included at the end of the bid schedule in the Bid and
Contract assembly.
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105. Evaluation
Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any
other time deemed appropriate by the City, a performance evaluation report will be completed by the
City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance
evaluations will be kept in City files for evaluation on future solicitations.
106. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County
and the State of Florida
N/A for projects receiving federal aid.
107. Royalties and Patents
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any Article, material,
arrangement, appliance, or method that may be used upon or in any manner be connected with the
construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
108. 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.
109. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim for additional compensation made by
Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to
a Project and to any claim for additional compensation made by Contractor including but not limited to all
payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally
Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related
to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in
accordance with such statute. Otherwise Contractor shall retain and make available to City all such
books and records and accounts, financial or otherwise, which relate to the Project and to any claim for
a period of five (5) years following Final Completion of the Project.
Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation:
(1) Keep and maintain public records required by the City to perform the service; (2) upon request from
the City's custodian of public records, provide the public agency with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the Contract term and following completion of the Contract if the
Contractor does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no
cost, to the City all public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records to the City upon
completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the City,
upon request from the City's custodian of public records, in a format that is compatible with the information
technology systems of the City.
The Contractor agrees to maintain an accounting system that provides for accounting records that are
supported with adequate documentation and adequate procedures for determining allowable costs.
Contractors shall develop the proper forms and reports acceptable to the City for the administration and
management of the Contract Documents.
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110. 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.
111. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be necessary to
ensure completion of the Project with respect to defective Work, equipment, or materials that may be
identified by the Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost incurred on
account of the Contractor's failure to fully perform its obligations under the Contract. The Project
Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the
defective Work, equipment or material and the basis for the withholding or deduction.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay
the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any
remaining documentation or obligation, as the case may be, in accordance with the Contract Documents.
112. 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 FDOT and 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.
113. Agreement Limiting Time in Which to Bring Action against the City
In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie
or be maintained by the Contractor against the City upon any claim arising out of or based upon the
Contract Documents by reason of any act or omission or requirement of the City or its agents, unless
such action shall be commenced within six (6) months after the date of issuance of a final payment under
the Contract, or if final payment has not been issued within six (6) months of substantial completion of
the Work or upon any claim relating to monies required to be retained for any period after the issuance
of the said certificate, unless such action is commenced within six (6) months after such monies become
due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared
abandoned under the provisions of the Contract unless such action is commenced within six (6) months
after the date of such termination or declaration of abandonment by the City. In the event this Article is
found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95,
Florida Statutes shall apply.
114. Defense of Claims
Should any claim be made, or any legal action brought in any way relating hereto or to the Work
hereunder, except as is covered by the provisions of the General Terms and Conditions, Section 3, Article
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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 3,
Article 6, "Indemnification," which is not the fault of the Contractor; the Contractor will be responsible for
payment of attorney's fees and costs incurred in defense of the Contractor and of the City. This Section
shall survive the cancellation or expiration of this Contract.
115. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued authorization for program
activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds
and/or change in regulations, upon thirty (30) calendar days' notice.
116. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the Contract, and the
Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto
and supersedes all previous communications and representations or agreements, whether written or oral,
with respect to the subject matter hereto unless acknowledged in writing by their duly authorized
representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is
not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory
control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the Contractor,
the City may, at its expense, elect to participate in the defense of the claim if the City should so choose.
Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to
diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor.
117. 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.
118. 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.
119. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall
provide full and prompt cooperation with the City in all aspects of the Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of all things
necessary for or incidental to the effective management and performance of a Project. All things not
expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by
the Contract Documents, and the Contractor shall perform the same as though they were specifically
mentioned, described, and delineated.
The Contractor shall furnish all labor, materials, tools, supplies, and other items required for the
completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of
the Project Manager.
120. Contract Documents Contain All Terms
The Contract Documents and all documents incorporated herein by reference contain all the terms and
conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the
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subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto,
or to vary any of the terms contained herein.
120. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive the term,
termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the
City under the Contract, which by nature would continue beyond the termination, cancellation or
expiration thereof, should survive termination, cancellation or expiration thereof.
122. Compliance with Federal Endangered Species Act and other Wildlife Regulations
The Federal Endangered Species Act requires that the Department investigate the potential impact to a
threatened or endangered species prior to initiating an activity performed in conjunction with a highway
construction project. If the Department's investigation determines that there is a potential impact to a
protected, threatened or an endangered species, the Department will conduct an evaluation to determine
what measures may be necessary to mitigate such impact. When mitigation measures and/or special
conditions are necessary, these measures and conditions will be addressed in the Plans or in permits as
identified in FDOT Section 7-2.1. These guidelines are posted at the following URL address:
http://www.dot.state.fl.us/programmanagement/Implemented/URLinSpecs/files/endangeredwildlifeguide
lines.pdf.
123. Compliance with Section 4(f) of the USDOT Act
Section 4(f) of the USDOT Act prohibits the U. S. Secretary of Transportation from approving a project
which requires the use of publicly owned land of a public park, recreation area or a wildlife and waterfowl
refuge, or of any historic site of national, state, or local significance unless there is no prudent or feasible
alternative to using that land and the program or project includes all possible planning to minimize the
harm to the site resulting from the use. Before undertaking any off -project activity associated with any
federally assisted undertaking, ensure that the proposed site does not represent a public park, recreation
area, wildlife or waterfowl refuge, or a historic site (according to the results of the Cultural Resources
Survey discussed in 120-6.2). If such a site is proposed, notify the Engineer and provide a description of
the proposed off-site activity, the Financial Project ID, the location of the site by township, range, section,
a county or city map showing the site location and including the access route and the name of the
property. It is the Contractor's responsibility to provide justification for use of Section 4(f) property that is
sufficient for the Florida Department of Transportation and the Federal Highway Administration to make
a Section 4(f) determination. Provide this notification sufficiently in advance of planned commencement
of the off-site activity to allow a reasonable time for the Engineer to conduct an investigation without
delaying job progress. Do not begin any off -project activity without obtaining written clearance from the
Engineer.
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Section 4 - Supplemental Terms and Conditions
Contract Time and Hours
The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete
all Work at a rate of progress that will ensure completion of the Work within the Contract Time.
The Contractor shall have one hundred twenty (120) calendar days to achieve Substantial
Completion from the date that the Notice to Proceed is issued, and an additional ninety (90)
calendar days for Final Completion of the Contract.
Work shall be performed Monday through Friday from 8:00 am to 6:00 pm. 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. LEED Certification (Not Applicable)
There are no LEED Certification or requirements associated with this project.
3. Progress Payments
LAP FDOT Section 9 Measurement and Payment shall apply to this Article. Where provisions of codes
or standards are in conflict, the more restrictive or higher quality shall govern. Contractor may make
application for payment for Work completed during the Project(s) at intervals of not more than once a
month or upon completion and Final Acceptance of the Work. All applications shall be submitted in
triplicate and the Contractor shall only use the City's most current Contractor Payment Requisition Form.
This form is available on the CIP webpage. Where the time frame for completion of the Work is less than
or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate
documentation as defined below. Supporting evidence to be included with any application for payment
shall include, but is not limited to, an updated progress schedule as required by Section 3 - Supplemental
Terms and Conditions, Article 5, Schedule of Values, 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. 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.
4. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract
Documents or any approved extension of time. Where the Contractor fails to do so, the Contractor shall
pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe
set forth in the Contract Documents for Substantial Completion or Final Completion, the Contractor shall
pay to the City for each and every calendar day of unexcused delay, the daily charge per calendar day
corresponding to the Original Contract Amount as specified in LAP FDOT Section 8-10.2 "Amount of
Liquidated Damages", which is hereby incorporated into this contract, not as a penalty, but as liquidated
damages. The Contractor will be notified of any approved exceptions or extensions. The total amount
of liquidated damages shall not exceed the value of the applicable Contract Documents.
The City shall have the right to deduct liquidated damages assessments from any payment due or which
may thereafter become due to the Contractor under any contract the Contractor has with the City. In
case the amount, which may become due hereunder, shall be less than the amount of liquidated damages
due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail
to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness
and may deny any future Work under the Contract or any other City contract until such indebtedness is
paid in full to the City.
The City shall notify the Contractor that it is incurring liquidated damages.
5. Schedule of Values
The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten
(10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a
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complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead
and profit should be as separate line items. Each line item shall be identified with the number and title of
the major specification section or major components of the items. The City may require further
breakdown after review of the Contractor's submittal. The City reserves the right to require such
information from the Contractor as may be necessary to determine the accuracy of the Schedule of
Values. The combined total value for mobilization under the Schedules of Values shall not exceed five
percent (5%) of the value of the Contract.
The approved schedule of values shall be updated through the submittal of the City's Contractor Payment
Application Form.
6. Proiect Schedules
Contractor shall submit a proposed Project schedule as follows:
■ Schedule identifying all tasks within the critical path. The proposed Project schedule shall be
submitted within ten (10) calendar days of the Notice of Award and such submittal shall be
subject to the City's review. Subsequent to such review of said schedule, the Contractor shall
establish said schedule as the baseline schedule.
■ All updates of schedules shall be tracked against the baseline schedule and shall be at a
minimum submitted with each pay application. An updated schedule against the baseline
shall also be submitted upon execution of each change order that impacts the Contract
Documents Time for completion. Failure to submit such schedules shall result in the rejection
of any submitted payment application.
Y 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.
7. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an
application for payment, whether incorporated in the Project or not, will pass to the City upon the receipt
of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances
and that no Work, materials or equipment will have been acquired by the Contractor or by any other
person performing Work at the site or furnishing materials and equipment for the Project, subject to an
agreement under which an interest therein or an encumbrance thereon is retained by the seller or
otherwise imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial Release of
Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such
documentation may delay payments. The City may, in its sole discretion withhold payments for Work
performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit
with the final payment request, for any Project where Subcontractors have performed Work, a Final
Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the City withholding from the final
payment such funds as necessary to satisfy any Subcontractor claims.
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.
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8. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor
shall hold progress and coordination meetings as required by the City, to provide for the timely completion
of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City.
Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules,
and for establishing procedures, responsibilities, and identification of authority for all parties to clearly
understand. During these meetings, Contractor shall identify the party or parties responsible for following
up on any problems, delay items, or questions, and Contractor shall note the action to be taken by such
party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution
is achieved. Contractor shall attempt to obtain from all present any potential problem or delaying event
known to them for appropriate attention and resolution. Contractor shall be responsible for keeping
minutes of the meeting and distribution of the minutes to all parties in attendance.
The Contractor shall arrange for the participation of its Subcontractors and/or vendors when the Project
Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute
copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to the City
an updated two-week look -ahead schedule of construction activities and submittals.
9. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the
Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted
in a manner that clearly identifies the drawing and/or specification section where clarification or
interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for
resolution. The City shall respond in writing.
10. Proiect Site Facilities
The Contractor shall arrange for all Project site facilities as maybe necessary to enable the Project
Manager or Consultant to perform their respective duties and to accommodate any representatives of
the City which the City may choose to have present at the Project.
Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms
that may be available at the Project site without the prior consent of the manager of the facility or the
Project Manager, where there is no manager of a facility: The Contractor shall provide and maintain at
his own expense, in a sanitary condition, such accommodations for the use of his employees as is
necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of
the State of Florida Department of Health and Rehabilitative Services or Dade County Health
Department. The Contractor, his employees or his Subcontractors shall commit no public nuisance or
use any facilities that have not been specifically provided for use by the Contractor.
The Contractor shall furnish an adequate supply of drinking water for its and its Subcontractors'
employees.
There shall be adequate provisions made by the Contractor to ensure all disposable materials are
properly disposed of and do not create a nuisance to the City or the public. The location of the temporary
facilities shall be subject to the approval of the City.
Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and
sanitary services to the site for new construction or additions to a facility. The City may authorize the use
of existing utilities. Such decision will be made at the sole discretion of the City.
The Contractor shall be required to obtain all necessary permits required for any Project site facilities.
Contractor shall also be responsible to maintain such facilities in a safe and working condition.
All such facilities remain the property of the Contractor and the Contractor shall be responsible for
removal and disposal of such facilities prior to Final Acceptance.
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11. Inspection of Work — Intentionally Omitted
12. Security
The site where the Work is to be performed may not be a secure site and the public may have access to
the site. The Contractor shall have sole responsibility for the security of all Work materials, tools,
equipment, and Work at the Project site. The City shall not be liable for any damage or loss to such
materials, tools, equipment and Work and the Contractor shall be responsible for the repair or
replacement of all Work such materials, tools, and equipment.
13. Construction 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 site(s) as follows:
■ The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2 -mil
cast vinyl over mounted with 3 -mil Mylar and mounted to 1 MDO with painted back. The sign
shall be mounted on 4 -inch square wood or perforated "U" channel metal posts painted white,
and be readable at eye level. The colors to be used on the sign are as follows: the
background shall be white with blue lettering; the seal shall be white and gold with blue
lettering form.
• The second sign shall reflect other funding sources for the Project and shall reflect the Project
information. The sign shall be 4 feet wide by 8 feet high by 3/4 -inch (thick) exterior plywood,
suitably mounted and readable at eye level. The colors shall be blue and white. The
background shall be white, and all lettering shall be blue Helvetica. All paint shall be rated
outdoor enamel. The City will provide the City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the Work site.
Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be
placed waterside to alert boater to the construction zone, requiring idle speed and a minimum
clearance distance. Contractor shall provide drawings for the signage, which shall be subject
to approval by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.
14. Construction Photographs
Contractor shall submit with each application for payment photographs that accurately reflect the
progress of the Work. Contractor shall submit once copy of each photograph in print and digitally. The
photographs shall be printed on 8" X 10" high-resolution glossy single weight color print paper. Each
photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on
a bi-monthly basis.
15. City Furnished Property
Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when
directed to by the City and shall reinstall or provide to the City as directed.
16. Geotechnical Testing — Intentionally Omitted
17. Field Layout of the Work and Record Drawinqs for Drainage Projects
The Contractor, through the services of a State of Florida Registered Professional Surveyor and Mapper
(P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the
pipeline or structure.
For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in
close proximity to other facilities), valves, tees, crosses and other stations not more than one hundred
feet (100') apart along the proposed centerline of the pipe, or along a stationed offset line as shown on
the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in
the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if
not in pavement.
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For structures, this will consist of base lines, stakes at corners, centers and centerlines, auxiliary lines
and a benchmark from which to establish the elevations.
The Contractor shall make his equipment and men available to the Inspector for spot-checking the
accuracy of the Work. The City shall require the Work to be brought within the tolerances specified
elsewhere before backfilling is placed, or the construction is otherwise hidden.
The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor.
Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, hand holes, fittings and other Work and shall
prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida
Registered Professional Surveyor and Mapper (P.S.M.). Contractor shall deliver these records in good
order to the City as the Work is completed. The Contractor shall supply the Consultant with a copy of
the Registered Land Surveyor's layout of the Work immediately upon its availability to his own forces.
The cost of all such field layout and recording Work is included in the prices bid for the appropriate items.
All record drawings shall be made on reproducible paper and shall be delivered to the City prior to, and
as a condition of, final payment.
During the entire construction operation, the Contractor shall retain the services of a State of Florida
Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation,
including all deviations from the plans and specifications by obtaining "As -built" dimensions and
elevations. The surveyor shall prepare record as -built drawings showing correctly and accurately all
changes and deviations made during construction, including approved construction variances to reflect
the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly
basis.
Recording of Project Record
■ Record all information for pipeline Projects and on-site Projects concurrently with construction
progress.
■ Do not conceal any Work until the Contractor and the City record as -built information.
■ All locations for future connections or tie-ins shall be left unburied and uncovered until the
City's surveying forces obtain and record the as -built information. This is in addition to the
Contractor's recorded information.
• Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete
length. Inline valves and tees shall be left exposed for one (1) length on both sides plus the
face end. Record the elevation, deviation from horizontal and vertical alignment and the
inclination for these items.
• Maintain records of all pipeline Project and on-site Project deviations from Drawings and
Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.).
• For Pipe Installation in All Pipeline Projects and On-site Projects: During entire construction
operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shall
maintain records of the installation, including all deviations from Drawings and Specifications.
• FRLS shall record as -built dimensions and elevations every twenty-five feet (25') or portion
thereof along pipeline and at every abrupt change in direction of the new line.
• FRLS shall record locations and elevations for each valve, fitting, service line, fire hydrant,
water sampling point, and also for above ground piping and other appurtenances along the
pipeline. Specific locations and elevation of equipment, buildings, and miscellaneous items
installed inside them shall be recorded as applicable.
• Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately
the installation, embracing all changes and deviations made during construction, including all
approved construction variances, to reflect the Work as it was constructed.
• Record Drawings shall be prepared on 4 -mil Mylar as specified hereinafter. Record Drawings
and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be
submitted to the City for review within ten (10) calendar days following the completion date of
successful pressure testing of all mains and appurtenances under the Contract Documents.
• If the Consultant determines that the Drawings are not acceptable, they will be returned to the
Contractor with a cover letter noting the deficiencies and/or reasons for the disapproval.
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Contractor shall have ten (10) calendar days to correct all exceptions taken by the City and
resubmit as -built record drawings to the Consultant for final acceptance.
Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's
record drawings or as -built drawings acceptable to Project Manager.
18. Survey Work for Drainage Projects
The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final
measurements.
At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be
provided a packet of information, from the City, showing the format to be utilized. The Contractor is
advised that the survey Work, including required final measurements, shall be according to City
Standards and are an integral part of the Project. The Project shall not be considered complete until the
final measurements are approved by the City. ,
19. Buy America Requirements
Contractor agrees to comply with all applicable provisions of LAP FDOT's Section 6-5.2 herein and 23
CFR 635.410, as amended.
20. Contractor Purchased Equipment for State or Local Ownership
When a Contractor purchases equipment to adequately meet the construction engineering (CE)
requirements of a Federal -aid project, the equipment which is purchased by the construction Contractor
is not permitted to be transferred to the State or City for ownership. Contractor shall also not purchase
equipment utilizing Project funds for use and ownership by the City or State.
21. Equipment Rental Rates
LAP FDOT Section 9-5.6 "Certification of Payment to Subcontractors" and other applicable sections shall
apply to this Article. Whenever a code of standard is in conflict, the more conservative descriptive applies.
When equipment is to be rented, the following guidelines apply and Contractor agrees to comply with
these guidelines as laid out below:
The following costs are allowable:
(1) Rental costs under operating leases, to the extent that the rates are reasonable at the time of the
lease decision, after consideration of:
I. rental costs of comparable property, if any;
II. market conditions in the area;
III. the type, life expectancy, condition, and value of the property leased;
IV. alternatives available; and
V. other provisions of the agreement.
(2) Rental costs under a sale and leaseback arrangement only up to the amount the Contractor would be
allowed if the Contractor retained title, computed based on the net book value of the asset on the date
the Contractor becomes a lessee of the property adjusted for any gain or loss recognized.
(3) Charges in the nature of rent for property between any divisions, subsidiaries, or organization under
common control, to the extent that they do not exceed the normal costs of ownership, such as
depreciation, taxes, insurance, facilities capital cost of money, and maintenance (excluding interest or
other unallowable costs) provided that no part of such costs shall duplicate any other allowed cost. Rental
cost of personal property leased from any division, subsidiary, or affiliate of the Contractor under common
control that has an established practice of leasing the same or similar property to unaffiliated lessees
shall be allowed.
22. Prohibition Against Convict Produced Materials
Title 23 CFR PART 635 Section 117 is incorporated here and shall apply to this Contract.
TITLE 23 --HIGHWAYS
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CHAPTER 1 --FEDERAL HIGHW ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 635 -CONSTRUCTION AND MAINTENANCE -Table of Contents
Subpart A -Contract Procedures
Sec. 635.117 Labor and employment.
(a) No construction work shall be performed by convict labor at the work site or within the limits of any
Federal -aid highway construction project from the time of award of the Contract or the start of work on
force account until final acceptance of the work by the SHA unless it is labor performed by convicts who
are on parole, supervised release, or probation.
(b) No procedures or requirements shall be imposed by any State which will operate to discriminate
against the employment of labor from any other State, possession or territory of the United States, in the
construction of a Federal -aid project.
(c) The selection of labor to be employed by the Contractor or any Federal -aid project shall be by the
Contractor without regard to race, color, religion, sex, national origin, age, or handicap and in accordance
with 23 CFR part 230, 41 CFR part 60 and Exec. Order No. 11246 (Sept. 24, 1965), 3 CFR 339 (1964-
1965), as amended.
(d) Pursuant to 23 U.S.C. 140(d), it is permissible for SHA's to implement procedures or requirements
which will extend preferential employment to Indians living on or near a reservation on eligible projects
as defined in paragraph (e) of this section. Indian preference shall be applied without regard to tribal
affiliation or place of enrollment. In no instance should a Contractor be compelled to layoff or terminate a
permanent core -crew employee to meet a preference goal.
(e) Projects eligible for Indian employment preference consideration are projects located on roads within
or providing access to an Indian reservation or other Indian lands as defined under the term "Indian
Reservation Roads" in 23 U.S.C. 101 and regulations issued thereunder. The terminus of a road
"providing access to" is that point at which it intersects with a road functionally classified as a collector or
higher classification (outside the reservation boundary) in both urban and rural areas. In the case of an
Interstate highway, the terminus is the first interchange outside the reservation.
(f) The advertisement or call for bids on any contract for the construction of a project located on the
Federal -aid system either shall include the minimum wage rates determined by the Secretary of Labor to
be prevailing on the same type of work on similar construction in the immediate locality or shall provide
that such rates are set out in the bidding documents and shall further specify that such rates are a part
of the contract covering the project.
23. FHWA-1273 / Required Contract Provisions for Federal -Aid Construction Contracts and
FDOT LAP Division 1 Specifications
The provisions of FHWA-1273, attached to this contract as EXHIBIT 1273 and hereby made a part of the
Contract Documents, are MANDATORY and MUST BE ADHERED TO FOR WORK UNDER THIS
CONTRACT. LAP Divisions 1 Specifications (Off -System) are provided for use in LAP Specifications as
needed are attached in this document and must be adhered to for work under this contract.
24. Wage Rates for Federal -Aid Proiects
For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor
Wage Rates applicable to this Contract are listed in Wage Rate Decision Number(s) FL180221
03/16/2018 FL221, as modified up through ten days prior to the opening of bids. Obtain the applicable
General Decision(s) (Wage Tables) through the FDOTs website and ensure that employees receive the
minimum wages applicable. You may, if applicable, refer to the Wage Table—current as of this Contract
date—attached hereto on page 106, below, and incorporated herein.
Review the General Decisions for all classifications necessary to complete the project. Request additional
classifications through the Engineer's office when needed. When multiple wage tables are assigned to a
Contract, general guidance of their use and examples of construction applicability is available on the
Metromover Station Access 72 ITB No.: 17-18-058
Improvements — Project No.: B-183614
Department's website. Contact the Department's Wage Rate Coordinator before bidding if there are still
questions concerning the applicability of multiple wage tables. The URL for obtaining the Wage Rate
Decisions is www.dot.state.fl.us/construction/wage.shtm. Contact the FDOT's Wage Rate Coordinator at
(850) 414-4251 if the FDOT's Website cannot be accessed or there are questions.
Weekly payrolls must be submitted to the City's construction manager. They shall set out accurately and
completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), as detailed above
in section 19, except that full social security numbers and home addresses SHALL NOT be included on
weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's social security number). Where this paragraph
conflicts with FHWA 1273 with regard to home addresses and social security numbers this paragraph
shall prevail.
25. Publicly -Owned Equipment
In accordance with 23 CFR 635, publicly owned equipment is not allowed for this contract. It should
not normally compete with privately owned equipment on a project to be let to contract.
26. Public Agencies in Competition with the Private Sector
The City reserves the right, before awarding a Contract, to require a Bidder to summit evidence of his/her
qualification, as may be deemed necessary, and consider any evidence available to it of the financial,
technical and other qualifications and abilities of the bidder. The Contract will be awarded only to a Bidder
fully qualified to undertake the proposed work. All material or services must meet all applicable Federal,
State and Local specifications and permit requirements. In accordance with 23 CFR 635.112(e), no
public agency shall be permitted to bid in competition or to enter into subcontracts with private
contractors.
27. FDOT Specifications
All work done must be completed using the LAP FDOT Specifications and the FDOT Big 4 Specifications
for earthwork, concrete, asphalt and landscaping as attached in the Supplemental Information section of
this document and is made part of this contract.
28. On The Job Training Requirements
Provisions for LAP Section 7-25 are attached with this contract and made part of this contract.
29. Owner Force Account Contracting
Owner Force Account contracting is not allowed for this contract. The City does not allow the direct
performance of highway construction work by its own resources of labor, equipment, materials and
supplies furnished by the City and used under City's direct control.
30. E -Verify - Mandatory Use
Provision of the LAP FDOT Section 7-29 applies to this Article and is made part of this contract.
Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and
shall expressly require any Subcontractors performing Work or providing services pursuant to the
Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Subcontractor during the Contract term.
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Improvements — Project No.: B-183614
BID FORM (Page 1 of 10)
SECTION 5 — Bid Form
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1 st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named
herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered
into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is,
in all respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions
pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all
addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself
about the Work to be performed; and that it has submitted the required bid Guaranty; and all other required
information with the bid; and that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to Contract with the City, a political subdivision of the State of Florida,
pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials,
equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and
complete within the time limits, the specified Work covered by the Contract Documents for the Project entitled:
Bid No: 17-18-058
Title: Metromover Station Access Improvements — Project No. B-183614
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 and fails to furnish the required Performance Bond and Payment Bond as well as the
required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the
Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors that may be corrected by the
City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words
shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity
requirements in order to arrive at the total.
Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and
responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where a
discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a
discrepancy between the numerical and written bid amount, the written bid amount will prevail.
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BID FORM (Page 2 of 10)
Form SU must be submitted with Bidder's Bid. The SU Form can be found posted on the webpage with
the bid documents.
The Bidder's Total Base Bid Construction Cost 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.
Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary for pedestrian
crossing at various streets including pavement markings, Americans with Disabilities Act (ADA) -compliant ramps,
sign installation and some signal work.
The full Scope of Work is detailed in the construction drawings.
ITB No.: 17-18-058 — Metromover Station Access Improvements
TOTAL BASE BID CONSTRUCTION COST
(City of Miami Project No. B-183614) �
VIFUTTET TOTAL BASE i311 t OINIST UC -TION COST.
Ea
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BID FORM (Page 3 of 10)
The spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms.
Bidders must download the version of MS Excel Bid Form that is available for download at:
http://www.miamigov.com/MiamiCapitaI/NewBidsandProposals.htm1.
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.
ETROM®VER STATION ACCESS IMPROVEMENTS
ITR No.: 17-18-058
Line
No.
pay Item No.
Pay Item Description
Unit
Quantity
Unit Cost
Cost
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14.
14
15
15
16
16
17
17
18
18
19
19
20
20
TOTAL
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BID FORM (Page 4 of 10)
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If
applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Addendum No. 5, Dated
Part II: No Addendum was received in connection with this bid.
Part III: Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply
with all the stated requirements.
1. Small Business Enterprise ("SBE") Requirements
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as
Section 18-89 of the City Code, pertaining to the implementation of a "Small Business Enterprise"
requirement. Evaluation of Bidder's responsiveness to Ordinance Section 13331 shall be a consideration in
the award of a Contract.
2. Non -Collusion
Bidder certifies that the only persons interested in this bid are named herein; that no other person has any
interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or
arrangement with any other person. Bidder certifies that the selected independent third -party verifier will
verify and certify compliance data and reports honestly and accurately.
3. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug-free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the
actions that will be taken against employees for violations of such prohibition.
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
(3) Giving all employees engaged in performance of the Contract a copy of the statement required by
subparagraph (1).
(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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BID FORM (Page 5 of 10)
(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.
(7) Making a good faith effort to maintain a drug-free workplace program through implementation of
subparagraphs (1) through (6).
i ••• •
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 ten thousand dollars ($10,000) and not more
than one hundred thousand dollars ($100,000) for each such failure.
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered
Contract/grant transactions over one hundred thousand dollars ($100,000) (per QMB).
5. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a
public transaction; violation of Federal or State antitrust statutes or falsification or destruction of
records, making false statements, or receiving stolen property;
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BID FORM (Page 6 of 10)
(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 (3) year period preceding this application, had one (1) or more public
transactions (Federal, State, or local) terminated for cause or default.
(e) In addition, factors to be considered in determining responsibility of prospective contractual parties
shall include but not be limited to:
(1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel
resources and expertise, or the ability to obtain them, to meet all contractual requirements;
(2) Bidder does have a satisfactory record of performance;
(3) Bidder does have a satisfactory record of integrity;
(4) Bidder does possess qualified legal standing to Contract with the City; and
(5) Bidder will comply in supplying all requested information connected with the inquiry concerning
responsibility.
(f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part,
for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been
reversed on appeal by a court of competent jurisdiction; or
(g) Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror,
within the past five (5) years, unless the full amount of such moneys due the City.
(h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant
to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable
Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the
City by order of the court.
(i) The Bidder shall provide any information requested by the Chief Procurement Officer or Procurement
Officer concerning responsibility. If such contractual party fails to provide the requested information,
the determination of responsibility may be made upon available information or the prospective
contractual party may be found non -responsible. The prospective contractual party may demonstrate
the availability of necessary financial, equipment, facility, and personnel resources by submitting:
(1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary
resources;
(2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or
(3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with,
satisfactory sources to provide such necessary resources.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall
submit an explanation to the City of Miami in writing.
6. Local Workforce Participation Requirements
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-
89 of the City Code pertaining to the Local Workforce Participation requirements on a quarterly basis;
(b) Have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies
and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the
Contractor; and
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BID FORM (Page 7 of 10)
(c) The selected third party, who independently verifies compliance with this section, must have a
minimum of two (2) years of experience as required in Ordinance No. 13332, codified as Section 18-
89 of the City Code.
Part IV: Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida
Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance
shall be legally binding on all persons employed by the Bidder and Subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench
safety standards.
Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying
with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and
will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be
considered additional Work.
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BID FORM (Page 8 of 10)
The Bidder further identifies the costs and methods summarized below:
Description Unit Price Quantity Price Extended Method
Total $
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's
Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank
of for the sum of
Dollars ($ )
The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto
including without limitations Part I through IV have been, read, understood, and agree to by signing and
completing the spaces provided below.
Bidder Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.:
Social Security No.
or Federal I.D. No.
E -Mail Address:
Dun & Bradstreet No.
(If applicable)
If a partnership, names and addresses of partners:
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BID FORM (Page 9 of 10)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under the laws of the State of
held on the _day of a resolution was duly passed and adopted authorizing
(Name) as (Title) of the corporation to execute bids on behalf of
the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official
act and deed of the corporation. I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws of the State of
held on the _day of a resolution was duly passed and adopted authorizing
(Name) as (Title) of the to execute bids on behalf of the partnership
and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
Partner:
Print:
IN WITNESS WHEREOF, 1 have hereunto set my hand this , day of 120
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to
sign bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the
joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or
individual).
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BID FORM (Page 10 of 10)
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name)
as (d/b/a)
terms of the bid to which this attestation is attached.
Signed:
Print
, individually and doing business
(If Applicable) have executed and am bound by the
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
STATE OF
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 , by
who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
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Section 6 - Attachments
BID BOND FORM (Page 1 of 3)
State of
County of
City of
KNOWN ALL PERSONS BY THESE PRESENTS, that
as Principal,
as Surety, are held and firmly bound unto the City
of Miami, in the penal sum of dollars ($ ) lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid, dated
,20 , for:
1TB No.: 17-18-058 - METROMOVER STATION ACCESS IMPROVEMENTS
11370JECT No.: B-183614
NOW THEREFORE:
(a) If the Principal shall not withdraw said bid within one hundred eighty (180) calendar days after date of
opening the same, and shall within ten (10) calendar days after the prescribed forms are presented to
him for signature, enter into a written Contract with the City, in accordance with the bid as accepted, and
give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance
and proper fulfillment of such Contract; or
(b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such
Contract and give such bond within the time specified, if the Principal shall pay the City the difference
between the amount specified in said bid and the amount for which the City may procure the required
Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void
and of no effect, otherwise to remain in full force and virtue.
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BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals,
this day of , 20, the name and corporate seal of each party being
hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal)
(Surety Secretary)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
(City/State/Zip Code)
SURETY:
(Corporate Surety)
Affix
Seal
(Signature of Authorized Officer)
(Title)
(Business Address)
(City/State/Zip Code)
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BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that of said corporation; that I
know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested
for and in behalf of said corporation by authority of its governing body.
(Corporate Seal)
STATE OF
COUNTY OF
CITY OF
Before me, a Notary Public duly commissioned
appeared to me well known, who
oath, says that he/she is the attorney-in-fact, for the
authorized by to execute the foregoing bond
therein in favor of The City of Miami, Florida.
and qualified, personally
being by me first duly sworn upon
and that he/she has been
on behalf of the Contractor named
Subscribed and sworn to before me this day of 20
INSTRUCTIONS:
Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with.
Instructions to Bidders
Notary Public, State of Florida at Large
My Commission Expires:
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SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This completed form must be submitted with the bid. The City may, at its sole discretion, require that
the Bidder submit additional information not included in the submitted form. Such information must be
submitted within seven (7) calendar days of the City's request. Failure to submit the form, or additional
information upon request by the City, shall result in the rejection of the bid as non-responsive.
Additional pages may be used following the same format and numbering.
By submitting its bid, the Bidder certifies the truth and accuracy of all information contained herein.
A. Business Information
a. How many years has Bidder been in business under its current name and ownership?
Professional Licenses/Certifications (include name and number)* Issuance Date
(`include active certifications of small business enterprise and name of certifying entity)
b. Date Bidder licensed by Dept. of Professional Regulation:
c. Qualified Business License: ❑Yes ❑No If Yes, Date Issued
What is Bidder's business?
(This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to Bidder:
f. Names of previous Qualifiers during the past five (5) years including, license numbers,
relationship to Bidder and years as qualifier for the Bidder.
2. Name and Licenses of any prior companies:
Name of Company License No.
3. Type of Business Entity:
Issuance Date
F] Corporation [I "S" Corporation F-1 LLCO Sole ProprietorshipE]Other:
(Corporations will be required to provide a copy of their corporate resolution prior to executing a Contract)
Metromover Station Access 87 ITB No.: 17-18-058
Improvements — Project No.: B-183614
4. Business Entity Ownership:
a. Identify all owners of the Business Entity.
Name Title % of ownership
b. Is any owner identified above an owner in another company? ❑ Yes ❑ No
If yes, identify the name of the owner, other company names, and % ownership
c. Identify all individuals authorized to sign for the Business Entity, indicating the level of their
authority (check applicable boxes and for other provide specific levels of authority)
Name Title Signatory Authority
All Cost No -Cost Other
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Explanation for Other:
(Note: "All" refers to any type of document including but not limited to Contracts, amendment, change proposal
requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers
to RFIs, Notices, and other similar documents)
5. Employee Information:
Total No. of Employees: Number of Managerial/Admin. Employees:
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
How many employees are working under H2B visas?
6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude?
If yes, please explain:
Metromover Station Access 88 ITB No.: 17-18-058
Improvements — Project No.: B-183614
7. Insurance and Bond Information:
a. Insurance Carrier name and address:
b. Insurance Contact Name, telephone, and e-mail:
c. Insurance Experience Modification Rating (EMR):
(If no EMR rating please explain why)
d. Number of Insurance Claims paid out in last five (5) years and their corresponding value:
e. Bond Carrier name and address:
f. Bond Carrier Contact Name, telephone, and e-mail:
g. Number of Bond Claims paid out in last five (5) years and their corresponding value:
8. Have any claims lawsuits been file against the Bidder in the past five (5) years? If yes, identify
all Bidder has either settled or an adverse judgment has been issued against Bidder. Identify the
year, basis for the claim orjudgment, and settlement; unless the value of the settlement is covered
by a written confidentiality agreement.
9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under
investigation by any law enforcement agency or public entity? If yes, provide details:
10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years?
Yes ❑ No ❑ If yes, provide an attachment that provides an explanation of the Project.
11. Has Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide
an attachment including all details on each citation.
12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000)
or greater, owned by the Bidder.
B. Project Management and Subcontract Details
1. Bidder's Project Manager for this Project:
a. Name:
b. Years employed by Bidder:
Metromover Station Access 89 ITB No.: 17-18-058
Improvements -- Project No.: B-183614
c. Licenses/Certifications:
d. Last three (3) Projects with the company including role, Scope of Work, and value of Project:
2. Subcontractors:
Name Trade % of Work License No. Certification*
(active certifications of small business enterprise and name of certifying entity)
3. Scope of Physical Labor Construction Work to be performed by Bidder and the corresponding
percentage of the Work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non -
construction Work items)
C. Current and Prior Experience
1. Current Experience including Projects currently under construction, recently awarded, or pending
award (Provide an attachment to this questionnaire that lists all such Projects, including the
owner's name, title and value of Project, Scope of Work, projected or actual start date, projected .
completion date, and number of company trades personnel assigned to the Project)
2. Prior Projects of a similar size and scope. Provide an attachment to this Questionnaire that
includes Completed Projects the Bidder considers of a similar, size, scope and complexity that
the City should consider in determining the Bidders responsiveness and responsibility. This
attachment must include the Project that meets the minimum number of Projects identified by the
bid solicitation. Information provided must include the owner's name, address and Contract
person, including telephone and e-mail, title of Project, location of Project, scope, initial value and
final cost of the Project, projected and final 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, Construction Manager at Risk (CMAR),
Design -Bid -Build, etc., is to be identified for each Project. If there is a difference between the
initial and final cost or initial and actual timeframe, provide details on why the differences exist. A .
reference letter is to be completed by the owner of the Project and submitted as part of the bid
submission.
D. Bidder's References
Bidders are to include a minimum of three (3) references from completed Projects listed in C.2
above. The attached form is to be used and is to be included with the bid submission. The City,
at its sole discretion may allow the Bidder to submit the references after the specified date for bid
submission.
Metromover Station Access 90 ITB No.: 17-18-058
Improvements — Project No.: B-183614
SUPPLEMENT TO EI® FORM
CUSTOMER REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of owners andorganizations for
which the Bidder has provided construction services in addition to the required minimum three (3)
roadway / horizontal Projects specified in the Minimum Requirements on page 6, above.
1 Company Name
Address
Contact Person
Contract Amount
Telephone No.
E-mail Address
2 Company Name
Address
Contact Person
Contract Amount
Telephone No.
E-mail Address
3 Company Name
Address
Contact Person
Contract Amount
Telephone No.
E-mail Address
4 Company Name
Address
Contact Person
Contract Amount
Telephone No.
E-mail Address
5 Company Name
Address
Contact Person
Contract Amount
Telephone No.
E-mail Address
Metromover Station Access 91 ITB No.: 17-18-058
Improvements — Project No.: B-183614
To Whom It May Concern
Subject: Reference Letter
Name of Bidder:
The above referenced Bidder is responding to a bid that has been issued by the City of Miami. The City
requires that the Bidder provide written references with their bid submission. By providing you with this
document, the Bidder is requesting that you provide the following reference information. The City would
appreciate you providing the information requested below, as well as any other information you feel is
pertinent:
Name of Referenced Project:
�.s ..: p um
Scope of ReferencedWork:
Did the Scope involve roadway/horizontal construction? ❑ Yes ❑ No
Value of Project: $ Date Completed:
Percentage of physical construction Work self -performed by Bidder:
Was Project completed on time and within budget: ❑ Yes ❑ No
If no, was the Bidder at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
If yes, please provide details:
Comments:
Name of Project Owner:
Signature of Project Owner's Representative:
Title:
Telephone:
Sincerely,
E-mail:
Annie Perez, CPPO, Director
Department of Procurement
Metromover Station Access 92
Improvements — Project No.: B-183614
Date:
ITB No.: 17-18-058
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFICE
10/17
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed
on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must achieve. In
order to assist contractors in determining their DBE commitment level, the Department has reviewed the
estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low
bidder executes the contract with the Department, information will be requested of the contractor's DBE
participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing
utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors'
Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE
availability may have been established due to any of the following reasons: limited identified subcontracting
opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify
any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information. Forms may be downloaded at: www.dot.state.flus/proceduraldocuments/.
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance
system prior to the pre -construction or pre -work conference for all federal and state funded projects. This will
not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or
estimated DBE utilization. Durinq the contract, the prime contractor is required to report actual payments to DBE
and MBE subcontractors through the web -based Equal Opportunity Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our
race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please
contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting
to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or
quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted to you
for specific project for this letting. The web address to the Equal Opportunity Compliance system is:
httDs://www3.dot.state.flus/Ea ualODDortunitvComDlia nce/Account.asDx/LoaIn? ReturnUrl=%2fEaualODDortunit
Compliance%2f.
Metromover Station Access 93 ITB No.: 17-18-058
Improvements — Project No.: B-183614
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-
030-11 B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be
received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code.
Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year
period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or
President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated
DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the company's
name, mailing address, phone number, etc.
Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or Chairperson
in the space next to "by" and print the full first and last name and position title of the official signing
the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number the
bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
Metromover Station Access 94 ITB No.: 17-18-058
Improvements — Project No.: B-183614
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-040-62
BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT PROCUREMENT
SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES O4/07
Prime-Contractor/Prime Consultant:
Address/Phone Number:
Procurement Number/Advertisement Number:
49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT -
assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and supplies
materials on DOT -assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all
subconsultants contacting you and expressing an interest in teaming with you on a specific DOT -assisted project. Prime
contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide any information they
have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4 Address:
5. Year Firm Established:
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4 Address:
5. Year Firm Established:
AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR:
6. ❑ DBE 8. Annual Gross Receipts
El Non -DBE ❑ Less Than $1 million
❑ Between $1 - $5 million
❑ Between $5 - $10 million
❑ Subcontractor ❑ Between $10 - $15 million
❑ Subconsultant ❑ More than $15 million
6. ❑ DBE 8. Annual Gross Receipts
El Non -DBE ❑ Less Than $1 million
❑ Between $1 - $5 million
❑ Between $5 - $10 million
❑ Subcontractor ❑ Between $10 - $15 million
❑ Subconsultant ❑ More than $15 million
BID SHEET (Invitation to Bid — ITB)
LETTERS OF RESPONSE (LOR)
PRICE PROPOSAL (Request for Proposal)
REPLY (Invitation to Negotiate — ITN)
Metromover Station Access 95 ITB No.: 17-18-058
Improvements — Project No.: B-183614
CONFIDENTIAL
For bids to be received on
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LAP CERTIFICATION OF CURRENT CAPACITY
(Letting Date)
525-010-46
PROGRAM MANAGEMENT
12109
Page 1 of 2
Fill in your FDOT Vendor Number
VF
(Only applicable to FDOT pre -qualified contractors)
CERTIFICATE
I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount
of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work).
The total uncompleted work as shown on
the "Status of Contracts on Hand" report (page 2)
I further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows:
1. If the letting is before the 25th day of the month, the certificate and report reflect the uncompleted work as of the 15th
day of the month, last preceding the month of the letting.
2. If the letting is after the 25th day of the month, the certificate and report reflects the uncompleted work in progress as
of the 15th day of the month of the letting.
3. All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report
and charged against our total rating.
I certify that the information above is correct.
Sworn to and subscribed this day
of
,20
By:
NAME OF FIRM
Title
Metromover Station Access 96 ITB No.: 17-18-058
Improvements — Project No.: B-183614
STATUS OF CONTRACTS ON HAND
525-010-46
PROGRAM MANAGEMENT
12/09
Page 2 of 2
(Furnish complete information about all your contracts, whether prime or subcontracts; whether in
progress or awarded, but not yet begun; and regardless of whom contracted with.)
1
2
3
4
5
6
PROJECTS OWNER,
LOCATION AND
DESCRIPTION
CONTRACT (OR
SUBCONTRACT
AMOUNT)
AMOUNT
SUBLET TO
OTHERS
BALANCE OF
CONTRACT
AMOUNT
UNCOMPLETED AMOUNT TO BE
DONE BY YOU
AS PRIME
CONTRACTOR
AS
SUBCONTRACTOR
NOTE: Columns 2 and 3 to show total contract (or subcontract) amounts. Column 4
to be difference between columns 2 and 3. Amount in columns 5 or 6 to be
uncompleted portion of amount in column 4. All amounts to be shown to nearest
$100. The Contractor may consolidate and list as a single item all contracts which,
individually, do not exceed 3% of total, and which, in the aggregate, amount to less
than 20% of the total.
TOTALS
$0.00
$0.00
TOTAL UNCOMPLETED WORK ON
HAND TO BE DONE BY YOU
(TOTAL COLUMNS 5 AND 6(
$0.00
Metromover Station Access 97 ITB No.: 17-18-058
Improvements — Project No.: B-183614
Federal (Nage Rates — FL 221
General Decision Number: FL180221 03/16/2018 FL221
Superseded General Decision Number: FL20170221
State: Florida
Construction Type: Highway
County: Miami -Dade County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to
all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued)
on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on
this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The
EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types
of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not
apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-
(60). Additional information on contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
1 02/23/2018
2 03/16/2018
* ELEC0349-002 03/05/2018
Rates Fringes
ELECTRICIAN ......................$ 33.11 12.31
----------------------------------------------------------------
SUFL2013-039 08/19/2013
Rates Fringes
CARPENTER ........................$ 17.84 0.00
CEMENT MASON/CONCRETE FINISHER, Includes Form Work ..... $ 15.49
FENCE ERECTOR ....................$ 12.82 0.00
HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) ..... $ 15.07
HIGHWAY/PARKING LOT STRIPING: Painter .........................$ 12.13 0.00
HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman)....... $ 11.16
INSTALLER - GUARDRAIL ............ $ 13.43 0.00
IRONWORKER, ORNAMENTAL ........... $ 13.48 0.00
Metromover Station Access 98
Improvements — Project No,: B-183614
Em
1 11
111
ITB No.: 17-18-058
IRONWORKER, REINFORCING .......... $ 18.43 0.00
IRONWORKER, STRUCTURAL ........... $ 16.42 0.00
LABORER (Traffic Control Specialist incl. placing of cones/barricades/barrels -
Setter, Mover, Sweeper) .......... $ 11.59 0.00
LABORER: Asphalt, Includes Raker, Shoveler, Spreader and
Distributor ......................$ 12.31 0.00
LABORER: Common or General ...... $ 10.69 0.00
LABORER: Flagger................$ 12.53 0.00
LABORER: Grade Checker .......... $ 12.41 0.00
LABORER: Landscape & Irrigation .......................$ 9.02 0.00
LABORER: Mason Tender - Cement/Concrete..................$ 13.91 3.50
LABORER: Pipelayer..............$ 15.02 0.00
OPERATOR: Backhoe/Excavator/Trackhoe....... $ 16.24 0.00
OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 12.88 0.00
OPERATOR: Boom ..................$ 18.95 0.00
OPERATOR: Boring Machine ........ $ 15.29 0.00
OPERATOR: Broom/Sweeper ......... $ 13.01 0.00
OPERATOR: Bulldozer .............$ 16.77 0.00
OPERATOR: Concrete Finishing Machine ..........................$ 15.44 0.00
OPERATOR: Concrete Saw .......... $ 14.43 0.00
OPERATOR: Crane .................$ 22.46 0.00
OPERATOR: Curb Machine .......... $ 20.74 0.00
OPERATOR: Distributor ........... $ 13.29 0.00
OPERATOR: Drill .................$ 14.78 0.00
OPERATOR:
Forklift ..............$ 16.32 0.00
OPERATOR:
Gradall...............$ 14.71 0.00
OPERATOR:
Grader/Blade .......... $ 20.22 3.85
OPERATOR:
Loader ................$ 15.53 0.00
Metromover Station Access 99 ITB No.: 17-18-058
Improvements - Project No.: B-183614
OPERATOR:
Mechanic ..............$
18.03
0.00
OPERATOR:
Milling Machine .......
$ 14.67
0.00
OPERATOR: Oiler .................$ 16.32 0.00
OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 13.61
OPERATOR: Piledriver ............ $ 17.23 0.00
OPERATOR: Post Driver (Guardrail/Fences)...............$ 14.45 0.00
OPERATOR: Roller ................$ 13.67 0.00
OPERATOR: Scraper ...............$ 12.01
0.00
OPERATOR: Screed ................$
14.15
0.00
OPERATOR: Tractor ...............$
12.19
0.00
OPERATOR: Trencher ..............$
14.74
0.00
PAINTER: Spray ..................$
16.52
0.00
SIGN ERECTOR .....................$ 12.96
0.00
TRAFFIC SIGNALIZATION: Traffic Signal Installation ...... $ 19.07 0.00
TRUCK DRIVER:
Distributor Truck ............................$
14.96 2.17
TRUCK DRIVER:
Dump Truck ........ $ 12.19
0.00
TRUCK DRIVER:
Flatbed Truck ..... $ 14.28
0.00
TRUCK DRIVER:
Lowboy Truck ...... $ 15.07
0.00
TRUCK DRIVER:
Slurry Truck ...... $ 11.96
0.00
TRUCK DRIVER:
Vactor Truck ...... $ 14.21
0.00
TRUCK DRIVER:
Water Truck ... .... $ 13.17
1.60
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after
January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of
paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be
permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive
care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or
person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.
Metromover Station Access 100 ITB No.: 17-18-058
Improvements - Project No.: B-183614
Additional information on contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing
for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed
in alphabetical order of "identifiers" that indicate whether the particular rate is a .union rate (current union
negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average
rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than
"SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey.
Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the
survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number
or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is
an'internal number used in processing the wage determination. 07/01/2014 is the effective date of the most
current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)
governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a weighted average rate based on all the rates reported
in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it
may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are
survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State
of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number,
007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the
survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-
OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state.
The next number, 0010 in the example, is an internal number used in producing the wage determination.
08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the
current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
Metromover Station Access 101 ITB No.: 17-18-058
Improvements — Project No.: B-183614
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have
responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory,
then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with
the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information
(wage payment data, project description, area practice material, etc.) that the requestor considers relevant to
the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION
Metromover Station Access 102 ITB No.: 17-18-058
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City of Miami Code of Ordinances Ch. 18. Sec. 18-542
Financial Integrity Principles
The following financial integrity principles are hereby adopted:
(1) Structurally balanced budget. The city shall maintain a structurally -balanced budget. Recurring revenues
will fund recurring expenditures.
(2) Estimating conference process. The city shall adopt budgets and develop its long and short-term financial
plan utilizing a professional estimating conference process. Conference principals shall include, but not be limited
to: one principal from the budget office; one principal from the finance department and two non -staff principals
with public finance expertise.
(3) Interfund borrowing. The city shall not borrow or use internal fund transfers to obtain cash from one fund
type or reserve to fund activities of another fund type or reserve unless such use is deemed lawful, and unless
the estimating conference has determined that (a) the funds to be loaned will not be needed during the lending
period, and (b) the funds for repayment will be available within a two-year period. Any actions taken to borrow
funds under these conditions must be separately presented to and approved by the city commission and the
term of such borrowing shall not extend beyond the last day of the subsequent fiscal year. Recognizing that
some programs are funded by grants or other entities on a reimbursement basis, the city shall apply for such
reimbursements on a timely basis to minimize the period that city funds are used as float. In the event loans/float
for these reimbursements extend beyond the end of a fiscal year, such reimbursements shall be reflected as
receivables in the comprehensive annual financial statements report (CAFR) to the extent allowed under
accounting principles generally accepted in the United States of America (GAAP). The department of finance
shall make a quarterly determination of the amount of expenses incurred which may not be reimbursable under
these programs. A quarterly report of expenses incurred but not reimbursable shall be presented to the city
commission, together with the actions needed to avoid project deficits.
(4) For purposes of this section, city-wide surplus for any fiscal year is defined as the increase in unreserved
general fund balance as reflected in the city's comprehensive annual financial report (CAFR). City-wide deficit
for any fiscal year is defined as the decrease in unreserved general fund balance as reflected in the city's
comprehensive annual financial report (CAFR). Budget surplus of any office, department or elected official is
defined as the excess of budgeted expenses over actual expenses in any fiscal year. Notwithstanding anything
to the contrary in this section, the total amount of budget surplus to be added to designated reserves and special
revenue funds pursuant to this section (together, the "rollover amounts") is limited to city-wide surplus for any
fiscal year. In the event the rollover amounts would result in a city-wide deficit, then each budget surplus within
the rollover amounts shall be reduced proportionately so the city's comprehensive annual financial report (CAFR)
will reflect no change in undesignated, unreserved general fund balance. In the event that a city-wide deficit
would result before effecting the rollover amounts in any fiscal year, then no rollover amounts shall be available.
a. Budget surpluses in an elected official's budget in any fiscal year shall be reflected as designated reserves
at the end of the fiscal year in which such surplus arose and be appropriated for discretionary use of such elected
official for the following fiscal year.
b. Budget surpluses of the parks and recreation department shall be allocated, as of the end of the fiscal year
in which such surplus arose, to a parks special revenue fund. Allowed expenditures from the parks special
revenue fund shall be limited to the purchase of parks recreational and maintenance equipment and the direct
operations of recreational programs in and for the city's parks, subject to appropriation by the city commission.
c. Budgeted surpluses of the department of conferences, conventions and public facilities shall be allocated,
as of the end of the fiscal year in which such surplus arose, to a public facilities special revenue fund. Allowed
expenditures of the public facilities special revenue fund shall be limited to capital improvements for the city's
public facilities; subject to appropriation by the city commission.
d. Budgeted surpluses of the department of information technology shall be allocated, as of the end of the fiscal
year in which such surplus arose, to an IT strategic plan special revenue fund. Allowed expenditures of the IT
strategic plan special revenue fund shall be limited to expenditures, excluding those related to permanent city
staff, necessary for the implementation of the city's information technology strategic plan, subject to appropriation
by the city commission.
(5) Reserve policies. The following three reserve policies categories are established for the general operating
fund of the city: Payment for compensated absences and other employee benefit liabilities and self-insurance
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plan deficits may be drawn from this reserve during the fiscal year and shall be replenished each year until fifty
percent (50%) if such the liabilities are funded. Other designated reserves may be drawn upon without the need
for replenishment.
a. Current fiscal year contingency. A "contingency" reserve level of $5,000,000.00 shall be budgeted annually.
Such contingency reserve shall be available for use, with city commission approval, during the fiscal year, to
fund unanticipated budget issues which arise or potential expenditure overruns which cannot be offset through
other sources or actions. The unused portion of the budgeted contingency reserve in any fiscal year shall be
reflected as designated reserves until such time as the city has funded 50 percent of the liabilities of the long-
term liabilities (excluding bonds, loans, and capital lease payables) as reflected in the city's comprehensive
annual financial report (CAFR). Amounts not needed to satisfy the 50 percent requirement shall be considered
general fund undesignated reserve and be treated in accordance with subsection (5)b.
b. General fund undesignated reserve. The city shall retain undesignated reserves equal to a threshold ten
percent of the prior three years average of general revenues. Such reserves may only be used for offsetting an
unexpected mid -year revenue shortfall or for funding an emergency such as a natural or man-made disaster,
which threatens the health, safety and welfare of the city's residents, businesses or visitors. Any time these
reserve funds fall below the ten percent threshold, the city commission shall adopt a plan to achieve the threshold
within two fiscal years. Amounts in excess of the ten percent threshold may be used for capital improvements,
unanticipated expenditures necessary to assure compliance with legal commitments, and for expenditures that
will result in the reduction of recurring costs or the increase in recurring revenues of the city.
c. Designated reserves. The city shall retain reserves equal to ten percent of the prior three years average of
general revenues. Such reserves shall be used for funding long-term liabilities and commitments of the city such
as:
1. Compensated absences and other employee benefit liabilities, including liabilities related to post-retirement
benefits;
2. Self-insurance plan deficits (including workers' compensation, liability claims and health insurance);
3. Strategic initiatives (until completed);
4. Blue Ribbon Commission Initiatives (until completed);
5. Anticipated adjustments in pension plan payments resulting from market losses in plan assets and other
unanticipated payments necessary to maintain compliance with contractual obligations.
(6) Proprietary funds. The city shall establish proprietary funds only if the costs to provide the service are fully
funded from the charges for the service.
(7) Multi-year financial plan. The city commission shall annually adopt a five-year financial plan by September
30 of each year, reflecting as the base year, the current year's budget. For fiscal year 2004 the multi-year financial
plan will be adopted no later than 30 days after the completion of labor negotiations. Such plan will include cost
estimates of all current city operations and pension obligations, anticipated increases in operations, debt service
payments, reserves to maintain the city's officially adopted levels and estimated recurring and non-recurring
revenues. This plan will be prepared by fund and reflect forecasted surpluses or deficits and potential budget
balancing initiatives, where appropriate.
(8) Multi-year capital improvement plan. The city commission shall annually adopt a capital improvements plan
("CIP") by November 30th of each year. The CIP shall address cost estimates for all necessary infrastructure
improvements needed to support city services, including information technology, with an adequate repair and
replacement ("R&R") component. Funded, partially funded and unfunded projects shall be clearly delineated The
CIP shall be detailed for the current fiscal year and for five additional years and, if practicable, additional required
improvements aggregated for two additional five year periods. To the extent feasible, department heads shall be
required to submit independent needs assessments for their departments for use in preparing the CIP. The CIP
will be detailed by fund, include recommended project prioritization rankings, identified revenue sources, planned
financing options and unfunded projects. The CIP shall include estimates of the operational impacts produced
for the operation of the capital improvements upon their completion. The CIP shall include a component reflecting
all on-going approved capital projects of the city, the date funded, amount budgeted, amount spent since the
start date, remaining budget, fiscal impact of known changes to financial assumptions underlying the project,
estimated expenditures by fiscal year for the project and estimated completion date. Approved projects, with
circumstances that arise which change the funding requirements of the project, shall be addressed in the CIP
annually.
(9) Debt management. The city shall manage its debt in a manner consistent with the following principles:
Metromover Station Access 104 ITB No.: 17-18-058
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a. Capital projects financed through the issuance of bonded debt shall be financed for a period not to exceed
the estimated useful life of the project.
b. The net direct general obligation debt shall not exceed five percent and the net direct and overlapping general
obligation debt shall not exceed ten percent of the taxable assessed valuation of property in the city.
c. The weighted average general obligation bond maturity shall be maintained at 15 years or less.
d. Special obligation debt service shall not exceed 20 percent of non -ad valorem general fund revenue.
e. Revenue based debt shall only be issued if the revenue so pledged will fully fund the debt service after
operational costs plus a margin based on the volatility of the revenues pledged.
(10) Financial oversight and reporting. The city shall provide for the on-going generation and utilization of
financial reports on all funds comparing budgeted revenue and expenditure information to actual on a monthly
and year-to-date basis. The finance department shall be responsible for issuing the monthly reports to
departments, the mayor and city commission, and provide any information regarding any potentially adverse
trends or conditions. These reports should be issued within 30 days after the close of each month. The annual
external audit reports (comprehensive annual financial report (CAFR), single audit, and management letter) of
the city shall be prepared and presented to the mayor and city commission by March 31 of each year. The city
commission shall convene a workshop meeting with the external auditors to review the findings and
recommendations of the audit. Financial reports, offering statements and other financial related documents
issued to the public, shall provide full and complete disclosure of all material financial matters.
(11) Basic financial policies. The city shall endeavor to maintain formal policies, which reflect "best practices"
in the areas of:
a. Debt. Such policy shall address affordability, capacity, debt issuance and management.
b. Cash management and investments: Such policy shall require 24 -month gross and net cash-flow projections
by fund and address adequacy, risk, liquidity and asset allocation issues.
c. Budget development and adjustments: Such policy shall establish proper budgetary preparation procedures
and guidelines, calendar of events, planning models by fund, budget adjustment procedures, establishment of
rates and fees, indirect costs/interest income and the estimating conference process. The proposed budget
should be scheduled to allow sufficient review by the mayor and city commission while allowing for sufficient
citizen input. The city budget document reflecting all final actions as adopted by the city commission on or before
September 30 of each year, shall be printed and made available within 30 days of such adoption.
d. Revenue collection: Such policy shall provide for maximum collection and enforcement of existing revenues,
monitoring procedures, and the adequacy level of subsidy for user fees.
e. Purchasing policy: Such policy shall establish departmental policies and procedures and provide appropriate
checks and balances to ensure the city departments adhere to the city's purchasing policies.
(12) Evaluation committees. Such committees shall be created, to the extent feasible, and contain a majority
of citizen and/or business appointees from outside city employment to review city solicitations ("requests for
proposals", etc.), and all collective bargaining contract issues. The recommendations of the evaluation committee
shall be provided to the mayor and city commission on all such contracts prior to presentation for official action.
(13) Full cost of service. The city shall define its core services and develop financial systems that will determine
on an annual basis the full cost of delivering those services. This information shall be presented as part of the
annual budget and financial plan.
(Ord. No. 11890, § 4, 2-1000; Ord. No. 12113, § 1, 9-25-01; Ord. No. 12276, § 2, 9-11-02; Ord. No.
12353, § 2, 4-10-03; Ord. No. 12427, § 2, 10-23-03; Ord. No. 12518, § 2, 3-25-04; Ord. No. 12727, § 2,
9-22-05)
Section 7 — Contract Execution
THIS Contract # , made this ® day of
in the year 20 in the amount of
$Click hero to eater text, by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY,"
and Click here to enter teat., hereinafter called the "Contractor."
Metromover Station Access 105 ITB No.: 17-18-058
Improvements — Project No.: B-183614
Contract Execution Form
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
WITNESS/ATTEST
Signature
Print Name, Title
ATTEST:
CONTRACTOR Secretary
(Affirm Contractor Seal, if available)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann Marie Sharpe, Director
Risk Management Department
Todd B. Hannon, City Clerk
Metromover Station Access
Improvements — Project No.: B-183614
, a Florida corporation
Signature
Print Name, Title of Authorized Officer or Official
(CORPORATE SEAL)
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
CITY OF MIAMI, a municipal corporation of the
State of Florida
Emilio T. Gonzalez, Ph.D., City Manager
106 ITB No.: 17-18-058
WHEREAS, , desires to enter into a Contract with the City of
Miami for the purpose of performing the Work described in the Contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in
accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(Type title of officer)
is hereby authorized
(Type name of officer)
and instructed to enter into a Contract, in the name and on behalf of this corporation, with the City of Miami upon
the terms contained in the proposed Contract to which this resolution is attached and to execute the
corresponding performance bond.
DATED this day of 120
Corporate Secretary
(Corporate Seal)
Metromover Station Access 107 ITB No.: 17-18-058
Improvements — Project No.: B-183614
FORM OF PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, We
, as Principal, hereinafter called
Contractor, and as Surety, are bound to the City of Miami, Florida, as
Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, bid/Contract ITB No: 17-18-
058 METROMOVER STATION ACCESS IMPROVEMENTS, 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
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the
Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City
elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a
Contract between such Bidder and City, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of completion
Metromover Station Access 108 ITB No.: 17-18-058
Improvements — Project No.: B-183614
FORM OF PERFORMANCE BOND (Page 2 of 2)
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract
Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under
the Contract and any amendments thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other than City named
herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes does not affect
Surety's obligation under this Bond.
Signed and sealed this day of 20
WITNESSES:
(Secretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
By:
(Name of Corporation)
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Metromover Station Access 109 ITB No.: 17-18-058
Improvements — Project No.: B-183614
FORM OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We
Contractor, and
as Principal, hereinafter called
as Surety, are bound to the City of Miami, Florida, as
Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, ITB. No. 17-18-058
METROMOVER STATION ACCESS IMPROVEMENTS, awarded the day of
20 with City which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the purposes of this
Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that
City sustains because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials, and
supplies used directly or indirectly by Contractor in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND
EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for
its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor,
materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to
look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials,
or supplies shall, within ninety (90) calendar days after performance of the labor or after complete delivery
of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of
the labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless
the notices stated under the preceding conditions (2.1) and (2.2) have been given.
Metromover Station Access 110 ITB No.: 17-18-058
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FORM OF PAYMENT BOND (Page 2 of 2)
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.
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
/_1199x•'9
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
A
M
CONTRACTOR:
(Name of Corporation)
(Signature)
(Print Name and Title)
day of
20
INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Metromover Station Access 111 ITB No.: 17-18-058
Improvements — Project No.: B-183614
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond); that , who signed the Bond(s) on behalf
of the Principal, was then of said corporation; that I know his/her signature; and
his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF )
COUNTY OF )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing 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 120
My commission expires:
by
112
Metromover Station Access
Improvements — Project No.: B-183614
Notary Public, State of Florida at Large
Bonded
ITB No.: 17-18-058
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT (Page 1 of 2)
Beneficiary:
City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
Date of Issue:
Issuing Bank's No.:
Applicant:
Amount:
(in United States Funds)
Expiry:
(Date)
Bid/Contract No.:
We hereby authorize you to draw on
at
of and for the account of
(Bank, Issuer name)
(Branch address)
(Contractor, applicant, customer)
by order
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing is
due to default in performance of certain obligations on the part of
(Contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and
(Contractor, applicant, customer), pursuant to Bid/Contract No.
for (name of Project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than
(Expiration date)
113
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Improvements — Project No.: B-183614
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide
the City of Miami with written notice of our intent to terminate the credit herein extended, which notice
must be provided at least thirty (30) calendar days prior to the expiration date of the original term
hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire
prior to performance of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in
any way be modified, or amplified by reference to any documents, instrument, or agreement referred
to herein or to which this Letter of Credit is referred, or this Letter of Credit relates, and any such
reference shall not be deemed to incorporate herein by reference any document, instrument, or
agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this credit that such drafts will be duly honored upon presentation to
the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(Contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
Authorized Signature
114
Metromover Station Access ITB No.: 17-18-058
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II�I��7:7���I_��[�7r•�7i77�T���1Ti�iTT�fIT[t31L1, ',
If the Bidder is submitting as a joint venture, please be advised that these two (2) pages MUST be
completed, and the REQUESTED written joint -venture agreement MUST be attached and submitted
with this form.
1. Name of joint venture:
2. Address of joint venture:
3. Phone number of joint venture:
4. Identify the firms that comprise the joint venture:
5. Describe the role of the MBE firm (if applicable) in the joint venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those
individuals (and their titles) who are responsible for day-to-day management and policy decision-
making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
(4) Purchasing of major items or supplies: _
lis
Metromover Station Access ITB No.: 17-18-058
Improvements — Project No.: B-183614
(c) Supervision of field operations:
NOTE: If, after filing this form and before the completion of the joint venture's work on the subject
Contract, there is any significant change in the information submitted, the joint venture must inform
the City in writing.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all material
information necessary to identify and explain the terms and operation of our joint venture and the
intended participation by each joint venture in the undertaking. Further, the undersigned covenant
and agree to provide to the City current, complete, and accurate information regarding actual joint
venture work and the payment therefore and any proposed changes in any of the joint venture
relevant to the joint venture, by authorized representatives of the City. Any material
misrepresentation will be grounds for terminating any Contract which may be awarded and for
initiating action under Federal or State laws concerning false statements."
Name of Bidder:
Signature:
Name:
Title:
Date:
Metromover Station Access
Improvements — Project No.: B-183614
Name of Bidder:
Signature:
Name:
Title:
Date:
ITB No.: 17-18-058
Section 8
LAP DIVISION 1 SPECIFICATIONS (OFF -SYSTEM)
(REV 9-23-16) (1-17)
Construction Checklist Specifications from Department of Transportation
Standard Specifications for Road and Bridge Construction
The following excerpts from the Standard Specifications and Special Provisions are provided for use in LAP
Specifications as needed in accordance with the Local Agency Program Checklist for Construction Contracts
(Phase 58) — Federal and State Requirements (525-070-44)
SECTION 1 — DEFINITIONS AND TERMS.
Department Name
Engineer.
Contractor's Engineer of Record.
A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his
subcontracted consultant, who undertakes the design and drawing of components of the permanent structure as
part of a redesign or Cost Savings Initiative Proposal, or for repair designs and details of the permanent work.
The Contractor's Engineer of Record may also serve as the Specialty Engineer.
The Contractor's Engineer of Record must be an employee of a pre -qualified firm. The firm shall be pre-
qualified in accordance with the Rules of the Department of Transportation, Chapter 14-75. Any Corporation or
Partnership offering engineering services must hold a Certificate of Authorization from the Florida Department
of Business and Professional Regulation.
As an alternate to being an employee of a pre -qualified firm, the Contractor's Engineer of Record may
be a pre -qualified Specialty Engineer. For items of the permanent work declared by the State Construction Office
to be" major" or "structural", the work performed by a pre -qualified Specialty Engineer must be checked by
another pre -qualified Specialty Engineer. An individual Engineer may become pre -qualified in the work groups
listed in the Rules of the Department of Transportation, Chapter 14-75, if the requirements for the Professional
Engineer are met for the individual work groups. Pre -qualified Specialty Engineers are listed on the State
Construction Website. Pre -qualified Specialty Engineers will not be authorized to perform redesigns or Cost
Savings Initiative Proposal designs of items fully detailed in the plans.
Specialty Engineer.
A Professional Engineer registered in the State of Florida, other than the Engineer of Record or his
subcontracted consultant, who undertakes the design and drawing preparation of components, systems, or
installation methods and equipment for specific temporary portions of the project work or for special items of the
permanent works not fully detailed in the plans and required to be furnished by the Contractor such as but not
limited to pot bearing designs, non-standard expansion joints, MSE wall designs and other specialty items. The
Specialty Engineer may also provide designs and details for items of the permanent work declared by the State
Construction Office to be "minor" or "non-structural". The Specialty Engineer may be an employee or officer of
the Contractor or a fabricator, an employee or officer of an entity providing components to a fabricator, or an
independent consultant.
For items of work not specifically covered by the Rules of the Department of Transportation, a Specialty Engineer
is qualified if he has the following qualifications:
(1) Registration as a Professional Engineer in the State of Florida.
(2) The education and experience necessary to perform the submitted design as required by the Florida
Department of Business and Professional Regulation.
SECTION 4 — Scope of the Work.
4-3 Alteration of Plans or of Character of Work.
4-3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of
the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in
the details of construction, whether a substantial change or not, including but not limited to alterations in the
grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer.
Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the
Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor
agrees to perform the work, as altered, the same as if it had been a part of the original Contract.
The term "significant change" applies only when:
1. The Engineer determines that the character of the work as altered differs materially in kind or nature
from that involved or included in the original proposed construction, or
2. A major item of work, as defined in 1-3, is increased in excess of 125% or decreased below 75% of
the original Contract quantity. The Department will apply any price adjustment for an increase in quantity
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only to that portion in excess of 125% of the original Contract item quantity in accordance with 4-3.2
below. In the case of a decrease below 75% the Department will only apply a price adjustment for the
additional costs that are a direct result of the reduction in quantity.
In (1) above, the determination by the Engineer shall be conclusive. If the determination is challenged by
the Contractor in any proceeding, the Contractor must establish by clear and convincing proof that the
determination by the Engineer was without any reasonable basis.
4-3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make
alterations in the character of the work which involve a substantial change in the nature of the design or in the
type of construction or which materially increases or decreases the cost or time of performance. Such alteration
shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety.
Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time
extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures
set forth in 5-12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after
having otherwise timely submitted a notice of intent to claim or preliminary time extension request pursuant to 5-
12.2 and 8-7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other
dispute resolution proposal.
The Contractor shall in any request for equitable adjustment of compensation, time, or other dispute resolution
proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the
request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor's
best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good
faith believes to be the Department's responsibility. Such certification must be made by an officer or director of
the Contractor with the authority to bind the Contractor. Any such certified statements of entitlement and costs
shall be subject to the audit provisions set forth in 5-12.14. While the submittal or review of a duly certified request
for equitable adjustment shall neither create, modify, nor activate any legal rights or obligations as to the
Contractor or the Department, the Department will review the content of any duly certified request for equitable
adjustment or other dispute resolution proposal, with any further action or inaction by the Department thereafter
being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification
requirements will not be reviewed by the Department.
The monetary compensation provided for below constitutes full and complete payment for such additional work
and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs
or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to
a time extension only to the extent that the performance of any portion of the additional work is a controlling work
item and the performance of such controlling work item actually extends completion of the project due to no fault
of the Contractor. All time related costs for actual performance of such additional work are included in the
compensation already provided below and any time extension entitlement hereunder will be without additional
monetary compensation. The Contractor shall have no right to any monetary compensation or damages
whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the
circumstances leading up to or resulting from additional work (but not relating to the actual performance of the
additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1.
4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done
and, at the Engineer's sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement
or in the following manner:
1. Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the
additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project
supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a
controlling work item and the performance of such controlling work item actually extends completion of the project
due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a
Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract.
In no case shall an officer or director of the Company, nor those persons who own more than 1 % of the Company,
be considered as project supervisory personnel, direct labor or foremen hereunder.
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Payment for burden shall be limited solely to the following:
Table 4-3.2.1
Item
Rate
FICA
Rate established by Law
FUTA/SUTA
Rate established by Law
Medical Insurance
Actual
Holidays, Sick & Vacation benefits
Actual
Retirement benefits
Actual
Workers Compensation
Rates based on the National Council on Compensation Insurance basic rate
tables adjusted by Contractor's actual experience modification factor in
effect at the time of the additional work or unforeseen work.
Per Diem
Actual but not to exceed State of Florida's rate
Insurance*
Actual
*Compensation for Insurance is limited solely to General Liability Coverage and does not include any other
insurance coverage such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.).
At the Pre -construction conference, certify to the Engineer the following:
a. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract,
b. Actual Rate for items listed in Table 4-3.2.1,
c. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan,
and,
d. Payment of Per Diem is a company practice for instances when compensation for Per Diem is
requested.
Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor.
Timely certification is a condition precedent to any right of the Contractor to recover compensations for such
costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver
by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer
as part of the cost proposal or seven calendar days in advance of performing such extra work.
2. Materials and Supplies: For materials accepted by,the Engineer and used on the project, the Contractor will
receive the actual cost of such materials incorporated into the work, including Contractor paid transportation
charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the
work, the Contractor will receive the actual cost of such supplies.
3. Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the
Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in
operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby
and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the
latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction
Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as
published by Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid),
using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will
adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue
Book.
Allowable Equipment Rates will be established as set out below:
a. Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%.
b. Allowable Hourly Operating Cost = Hourly Operating Cost x 100%.
c. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost.
d. Standby Rate = Allowable Hourly Equipment Rate x 50%.
The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment
is not in operation and is directed by the Engineer to standby at the project site when needed again to complete
work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not
apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that
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number of hours which, when added to the operating time for that day equals eight hours. Standby payment will
not be made on days that are not normally considered work days on the project.
The Department will allow for the cost of transporting the equipment to and from the location at which it will be
used. If the equipment requires assembly or disassembly for transport, the Department will pay for the time to
perform this work at the rate for standby equipment.
Equipment may include vehicles utilized only by Labor, as defined above.
4. Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the
Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional
office, home office, or otherwise, is expressly limited to the greater of either (a) or (b) below:
a. Solely a mark-up of 17.5% on the payments in (1) through (3), above.
1. Bond: The Contractor will receive compensation for any premium for acquiring a bond for such
additional or unforeseen work at the original Contract bond rate paid by the Contractor. No compensation
for bond premium will be allowed for additional or unforeseen work paid by the Department via initial
contingency pay item.
2. The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any
amount over $50,000 on any subcontract directly related to the additional or unforeseen work. Any such
subcontractor mark-up will be allowed only by the prime Contractor and a first tier subcontractor, and the
Contractor must elect the markup for any eligible first tier subcontractor to do so.
b. Solely the formula set forth below and only as applied solely as to such number of calendar days of
entitlement that are in excess of ten cumulative calendar days as defined below.
D _ AxC
B
Where A = Original Contract Amount
B = Original Contract Time
C=8%
D = Average Overhead Per Day
Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions
due to either extra work, excluding overruns to existing contract items, that extend the duration of the project or
delay of a controlling work item caused solely by the Department, or the combined total number of calendar days
for which a claim of entitlement to a time extension due to delay of a controlling work item caused solely by the
Department is otherwise ultimately determined to be in favor of the Contractor. Further, in the event there are
concurrent delays to one or more controlling work items, one or more being caused by the Department and one
or more being caused by'the Contractor, the Contractor shall be entitled to a time extension for each day that a
controlling work item is delayed by the Department but shall have no right to nor receive any monetary
compensation for any indirect costs for any days of concurrent delay. No compensation, whatsoever, will be paid
to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days
granted for time extension due to delay of a controlling work item caused solely by the Department is, or the total
number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused
solely by the Department is otherwise ultimately determined in favor of the Contractor to be, equal to or less than
ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar
day delay periods, due to delay of a controlling work item caused solely by the Department, that when combined
together are equal to or less than ten calendar days and regardless of whether monetary compensation is
otherwise provided for hereunder for one or more calendar days of time extension entitlement for each calendar
day exceeding ten calendar days. All calculations under this provision shall exclude weather days, Holidays, and
Special Events.
4-3.2.2 Subcontracted Work: Compensation for the additional or unforeseen work performed by a
subcontractor shall be limited solely to that provided for in 4-3.2.1 (1), (2), (3) and (4)(a). In addition, the
Contractor compensation is expressly limited to the greater of the total provided in either 4-3.2.1(4)(a) or (4)(b),
except that the Average Overhead Per -Day calculation is as follows:
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Ds=ASXC
B
Where As = Original Contract Amount minus Original Subcontract amounts(s)*
B = Original Contract Time
C=8%
Ds = Average Overhead Per -Day
* deduct Original Subcontract Amount(s) of subcontractor(s) performing the work
The subcontractor may receive compensation for any premium for acquiring a bond for the additional or
unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon
presentment to the Department of clear and convincing proof that the subcontractor has actually submitted and
paid for separate bond premiums for such additional or unforeseen work in such amount and that the
subcontractor was required by the Contractor to acquire a bond.
The Contractor shall require the subcontractor to submit a certification, in accordance with 4-3.2.1 (1), as part of
the cost proposal and submit such to the Engineer. Such certification must be made by an officer or director of
the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any
right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the
certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to
recover such subcontractor costs.
4-3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the
provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the
changes, or by reason of any variation between the approximate quantities and the quantities of work actually
performed. All work shall be performed as directed by the Engineer and in accordance with the Contract
Documents.
4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental
Agreement or Unilateral Payment will be used to clarify the Plans and Specifications of the Contract; to provide
for unforeseen work, grade changes, or alterations in the Plans which could not reasonably have been
contemplated or foreseen in the original Plans and Specifications; to change the limits of construction to meet
field conditions; to provide a safe and functional connection to an existing pavement; to settle documented
Contract claims; to make the project functionally operational in accordance with the intent of the original Contract
and subsequent amendments thereto.
A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only
to the extent necessary to make the project functionally operational in accordance with the intent of the original
Contract. The cost of any such agreement extending the physical limits of the project shall not exceed $100,000
or 10% of the original Contract price, whichever is greater.
Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization
is received from the Engineer. The Engineer's written authorization will set forth sufficient work information to
allow the work to begin. The work activities, terms and conditions will be reduced to written Supplemental
Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental
Agreement or Unilateral Payment prior to the Department's approval of the document.
4-3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the
formula in 4-3.2. Such payment will be the full extent of all monetary compensation entitlement due to the
Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that
provided for in 4-3.2 for additional work.
4-3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the limits of
construction at the beginning and end of the project as detailed in the Plans. However, if the Engineer determines
that it is necessary to extend the construction in order to make suitable connections to existing pavement, the
Engineer will authorize such a change in writing.
For necessary connections to existing walks and drives that are not indicated in the Plans, the Engineer will
submit direction regarding the proper connections in accordance with the Design Standards.
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4-3.7 Differing Site Conditions: During the progress of the work, if subsurface or latent physical
conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown
physical conditions of an unusual nature differing materially from those ordinarily encountered and generally
recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering
such conditions shall promptly notify the other party in writing of the specific differing conditions before the
Contractor disturbs the conditions or performs the affected work.
Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate
the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in
the cost or time required for the performance of any work under the Contract, an adjustment will be made,
excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will
notify the Contractor whether or not an adjustment of the Contract is warranted.
The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has
submitted the required written notice.
The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other
Department or non -Department projects on which the Contractor may be working.
4-3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any
potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor
shall at the time of making the request for a change notify the Department in writing of any such potential impacts
to utilities.
Department approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for
all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes
in the design or construction activities from those in the original Contract Specifications, Design Plans (including
Traffic Control Plans) or other Contract Documents and which effect a change in utility work different from that
shown in the Utility Plans, joint project agreements or utility relocation schedules.
4-3.9 Cost Savings Initiative Proposal:
4-3.9.1 Intent and Objective:
1. This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Proposal)�that the
Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or
significantly improve the quality of the end result. A mandatory Cost Savings Initiative Workshop will be held
prior to Contract Time beginning for the Contractor and Department to discuss potential Proposals. This
Subarticle does not, however, apply to any such proposal unless the Contractor identifies it at the time of its
submission to the Department as a proposal submitted pursuant to this Subarticle.
2. The Department will consider Proposals that would result in net savings to the Department by providing
a decrease in the cost of the Contract. Proposals must result in savings without impairing essential functions and
characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics
and necessary standard design features. However, nothing herein prohibits the Contractor from submitting
Proposals when the required functions and characteristics can be combined, reduced or eliminated because
they are nonessential or excessive. The Department will not recognize the Contractor's correction of plan errors
that result in a cost reduction, as a Proposal.
3. The Department reserves the right to reject at its discretion any Proposal submitted that proposes a
change in the design of the pavement system or that would require additional right-of-way. Pending the
Department's execution of a formal supplemental agreement implementing an approved Proposal, the
Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The
Department may grant time extensions to allow for the time required to develop and review a Proposal.
4. For potential Proposals not discussed at the Cost Savings Initiative Workshop, a mandatory concept
meeting will be held for the Contractor and Department to discuss the potential Proposal prior to development of
the Proposal.
4-3.9.2 Subcontractors: The Department encourages the Contractor to include the provisions of this
Subarticle in Contracts with subcontractors and to encourage submission of Proposals from subcontractors.
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However, it is not mandatory to submit Proposals to the Department or to accept or transmit subcontractor
proposed Proposals to the Department.
4-3.9.3 Data Requirements: As a minimum, submit the following information with each Proposal:
1. a description of the difference between the existing Contract requirement, including any time extension
request, and the proposed change, and the comparative advantages and disadvantages.
2. separate detailed cost estimates for both the existing Contract requirement and the proposed change.
Break down the cost estimates by pay item numbers indicating quantity increases or decreases and deleted pay
items. Identify additional proposed work not covered by pay items within the Contract, by using pay item numbers
in the Basis of Estimates Manual. In preparing the estimates, include overhead, profit, and bond within pay items
in the Contract. Separate pay item(s) for the cost of overhead, profit, and bond will not be allowed.
3. an itemization of the changes, deletions or additions to plan details, plan sheets, design standards and
Specifications that are required to implement the Proposal if the Department adopts it. Submit preliminary plan
drawings sufficient to describe the proposed changes.
4. engineering or other analysis in sufficient detail to identify and describe specific features of the Contract
that must be changed if the Department accepts the Proposal with a proposal as to how these changes can be
accomplished and an assessment of their effect on other project elements. The Department may require that
engineering analyses be performed by a prequalified consultant in the applicable class of work. Support all
design changes that result from the Proposal with drawings and computations signed and sealed by the
Contractor's Engineer of Record. Written documentation or drawings will be submitted clearly delineating the
responsibility of the Contractor's Engineer of Record.
5. the date by which the Department must approve the Proposal to obtain the total estimated cost
reduction during the remainder of the Contract, noting any effect on the Contract completion time or delivery
schedule.
6. a revised project schedule that would be followed upon approval of the Proposal. This schedule would
include submittal dates and review time for the Department and Peer reviews.
4-3.9.4 Processing Procedures: Submit Proposals to the Engineer or his duly authorized
representative. The Department will process Proposals expeditiously; however, the Department is not liable for
any delay in acting upon a Proposal submitted pursuant to this Subarticle. The Contractor may withdraw, in
whole or in part, a Proposal not accepted by the Department within the period specified in the Proposal. The
Department is not liable for any Proposal development cost in the case where the Department rejects or the
Contractor withdraws a Proposal.
The Engineer is the sole judge of the acceptability of a Proposal and of the estimated net savings in construction
costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the
Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engineer, such prices
do not represent a fair measure of the value of work to be performed or to be deleted.
Prior to approval, the Engineer may modify a Proposal, with the concurrence of the Contractor, to make it
acceptable. If any modification increases or decreases the net savings resulting from the Proposal, the
Department will determine the Contractor's fair share upon the .basis of the Proposal as modified and upon the
final quantities. The Department will compute the net savings by subtracting the revised total cost of all bid items
affected by the Proposal from the total cost of the same bid items as represented in the original Contract.
Prior to approval of the Proposal that initiates the supplemental agreement, submit acceptable Contract -quality
plan sheets revised to show all details consistent with the Proposal design.
4-3.9.5 Computations for Change in Contract Cost of Performance: If the Proposal is adopted, the
Contractor's share of the net savings as defined hereinafter represents full compensation to the Contractor for
the Proposal.
The Department will not include its costs to process and implement a Proposal in the estimate. However, the
Department reserves the right, where it deems such action appropriate, to require the Contractor to pay the
Department's cost of investigating and implementing a Proposal as a condition of considering such proposal.
When the Department imposes such a condition, the Contractor shall accept this condition in writing, authorizing
the Department to deduct amounts payable to the Department from any monies due or that may become due to
the Contractor under the Contract.
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4-3.9.6 Conditions of Acceptance for Major Design Modifications of Category 2 Bridges: A
Proposal that proposes major design modifications of a category 2 bridge, as determined by the Engineer, shall
have the following conditions. of acceptance:
All bridge Plans relating to the Proposal shall undergo an independent peer review conducted by a single
independent engineering firm referred to for the purposes of this article as the Independent Review Engineer
who is not the originator of the Proposal design, and is pre -qualified by the Department in accordance with Rule
14-75, Florida Administrative Code. The independent peer review is intended to be a comprehensive, thorough
verification of the original work, giving assurance that the design is in compliance with all Department
requirements. The Independent Review Engineer's comments, along with the resolution of each comment, shall
be submitted to the Department. The Independent Review Engineer shall sign and seal the submittal cover letter
stating that all comments have been adequately addressed and the design is in compliance with the Department
requirements. If there are any unresolved comments the Independent Review Engineer shall specifically list all
unresolved issues in the signed and sealed cover letter.
The Contractor shall designate a primary engineer responsible for the Proposal design and as such will be
designated as the Contractors Engineer of Record for the Proposal design. The Department reserves the right
to require the Contractor's Engineer of Record to assume responsibility for design of the entire structure.
New designs and independent peer reviews shall be in compliance with all applicable Department, FHWA and
AASHTO criteria requirements including bridge load ratings.
4-3.9.7 Sharing Arrangements: If the Department approves a Proposal, the Contractor shall receive
50% of the net reduction in the cost of performance of the Contract as determined by the final negotiated
agreement between the Contractor and the Department. The net reduction will be determined by subtracting
from the savings of the construction costs the reasonable documented engineering costs incurred by the
contractor to design and develop a Proposal. The reasonable documented engineering costs will be paid by the
Department. Engineering costs will be based on the consultant's certified invoice and may include the costs of
the Independent Review Engineer in 4-3.9.6. The total engineering costs to be subtracted from the savings to
determine the net reduction will be limited to 25% of the construction savings and shall not include any markup
by the Contractor or the costs for engineering services performed by the Contractor.
4-3.9.8 Notice of Intellectual Property Interests and Department's Future Rights to a Proposal:
4-3.9.8.1 Notice of Intellectual Property Interests: The Contractor's Proposal submittal shall identify
with specificity any and all forms of intellectual property rights that either the Contractor or any officer,
shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed in any
measure to the substance of the Contractor's Proposal development, have or may have that are in whole or in
part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to,
disclosure of any issued patents, copyrights, or licenses; pending patent, copyright or license applications; and
any intellectual property rights that though not yet issued, applied for or intended to be pursued, could
nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor
or others in the future. This notice requirement does not extend to intellectual property rights as to stand-alone
or integral components of the Proposal that are already on the Department's Approved Product List (APL) or
Design Standard Indexes, or are otherwise generally known in the industry as being subject to patent or copyright
protection.
4-3.9.8.2 Department's Future Rights to a Proposal: Notwithstanding 7-3 nor any other provision of.
the Standard Specifications, upon acceptance of a Proposal, the Contractor hereby grants to the Department
and its contractors (such grant being expressly limited solely to any and all existing or future Department
construction projects and any other Department projects that are partially or wholly funded by or for the
Department) a royalty -free and perpetual license under all forms of intellectual property rights to manufacture, to
use, to design, to construct, to disclose, to reproduce, to prepare and fully utilize derivative works, to distribute,
display and publish, in whole or in part, and to permit others to do any of the above, and to otherwise in any
manner and for any purpose whatsoever do anything reasonably necessary to fully utilize any and all aspects of
such Proposal on any and all existing and future construction projects and any other Department projects.
Contractor shall hold harmless, indemnify and defend the Department and its contractors and others in privity
therewith from and against any and all claims, liabilities, other obligations or losses, and reasonable expenses
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related thereto (including reasonable attorneys' fees), which are incurred or are suffered by any breach of the
foregoing grants, and regardless of whether such intellectual property rights were or were not disclosed by the
Contractor pursuant to 4-3.9.8.1, unless the Department has by express written exception in the Proposal
acceptance process specifically released the Contractor from such obligation to hold harmless, indemnify and
defend as to one or more disclosed intellectual property rights.
SECTION 5 — Control of the Work (FINAL ACCEPTANCE AND CLAIMS).
5-11 Final Acceptance.
When, upon completion of the final construction inspection of the entire project, the Engineer determines that
the Contractor has satisfactorily completed the work, the Engineer will give the Contractor written notice of final
acceptance.
5-12 Claims by Contractor.
5-12.1 General: When the Contractor deems that extra compensation or a time extension is due beyond
that agreed to by the Engineer, whether due to delay, additional work, altered work, differing site conditions,
breach of Contract, or for any other cause, the Contractor shall follow the procedures set forth herein for
preservation, presentation and resolution of the claim.
Submission of timely notice of intent to file a claim, preliminary time extension request, time extension request,
and the certified written claim, together with full and complete claim documentation, are each a condition
precedent to the Contractor bringing any circuit court, arbitration, or other formal claims resolution proceeding
against the Department for the items and for the sums or time set forth in the Contractor's certified written claim.
The failure to provide such notice of intent, preliminary time extension request, time extension request, certified
written claim and full and complete claim documentation within the time required shall constitute a full, complete,
absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for
such claim.
5-12.2 Notice of Claim:
5-12.2.1 Claims For Extra Work: Where the Contractor deems that additional compensation or
a time extension is due for work or materials not expressly provided for in the Contract or which is by written
directive expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit written notification to
the Engineer of the intention to make a claim for additional compensation before beginning the work on which
the claim is based, and if seeking a time extension, the Contractor shall also submit a preliminary request for
time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay and a request for
Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. If such
written notification is not submitted and the Engineer is not afforded the opportunity for keeping strict account of
actual labor, material, equipment, and time, the Contractor waives the claim for additional compensation or a
time extension. Such notice by the Contractor, and the fact that the Engineer has kept account of the labor,
materials and equipment, and time, shall not in any way be construed as establishing the validity of the claim or
method for computing any compensation or time extension for such claim. On projects with an original Contract
amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with
5-11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after
final acceptance of the project in accordance with 5-11, the Contractor shall submit full and complete claim
documentation as described in 5-12.3 and duly certified pursuant to 5-12.9. However, for any claim or part of a
claim that pertains solely to final estimate quantities disputes the Contractor shall submit full and complete claim
documentation as described in 5-12.3 and duly certified pursuant to 5-12.9, as to such final estimate claim
dispute issues, within 90 or 180 calendar days, respectively, of the Contractor's receipt of the Department's final
estimate.
If the Contractor fails to submit a certificate of claim as described in 5-12.9, the Department will so notify the
Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim
documentation, without change, with a certificate of claim as described in 5-12.9, without regard to whether the
resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim
documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of
the claim.
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5-12.2.2 Claims For Delay: Where the Contractor deems that additional compensation or a time
extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than
for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of
the Engineer expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit a written notice of
intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly
notifying the Engineer that the Contractor intends to seek additional compensation, and if seeking a time
extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within
ten calendar days after commencement of a delay to a controlling work item, as to such delay and providing a
reasonably complete description as to the cause and nature of the delay and the possible impacts to the
Contractor's work by such delay, and a request for Contract Time extension pursuant to 8-7.3.2 within thirty
calendar days after the elimination of the delay. On projects with an original Contract amount of $3,000,000 or
less within 90 calendar days after final acceptance of the project in accordance with 5-11, and on projects with
an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the
project in accordance with 5-11, the Contractor shall submit full and complete documentation as described in
5-12.3 and duly certified pursuant to 5-12.9.
If the Contractor fails to submit a certificate of claim as described in 5-12.9, the Department will so notify the
Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim
documentation, without change, with a certificate of claim as described in 5-12.9, without regard to whether the
resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim
documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of
the claim.
There shall be no Contractor entitlement to any monetary compensation or time extension for any delays or
delay impacts, whatsoever, that are not to a controlling work item, and then as to any such delay to a controlling
work item entitlement to any monetary compensation or time extension shall only be to the extent such is
otherwise provided for expressly under 4-3 or 5-12, except that in the instance of delay to a non -controlling item
of work the Contractor may be compensated for the direct costs of idle labor or equipment only, at the rates set
forth in 4-3.2.1(1) and (3), and then only to the extent the Contractor could not reasonably mitigate such idleness.
5-12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional
compensation or a time extension under the Contract, for any claim, the Contractor shall submit a certified written
claim to the Department which will include for each individual claim, at a minimum, the following information:
1. A detailed factual statement of the claim providing all necessary dates, locations, and items of work
affected and included in each claim;
2. The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim
became evident;
3. Identification of all pertinent documents and the substance of any material oral communications relating
to such claim and the name of the persons making such material oral communications;
4. Identification of the provisions of the Contract which support the claim and a statement of the reasons
why such provisions support the claim, or alternatively, the provisions of the Contract which allegedly
have been breached and the actions constituting such breach;
5. A detailed compilation of the amount of additional compensation sought and a breakdown of the
amount sought as follows:
a. documented additional job site labor expenses;
b. documented additional cost of materials and supplies;
c. a list of additional equipment costs claimed, including each piece of equipment and the rental
rate claimed for each;
d. any other additional direct costs or damages and the documents in support thereof;
e. any additional indirect costs or damages and all documentation in support thereof.
6. A detailed compilation of the specific dates and the exact number of calendar days sought for a time
extension, the basis for entitlement to time for each day, all documentation of the delay, and a breakout
of the number of days claimed for each identified event, circumstance or occurrence.
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Further, the Contractor shall be prohibited from amending either the bases of entitlement or the amount of any
compensation or time stated for any and all issues claimed in the Contractor's written claim submitted hereunder,
and any circuit court, arbitration, or other formal claims resolution proceeding shall be limited solely to the bases
of entitlement and the amount of any compensation or time stated for any and all issues claimed in the
Contractor's written claim submitted hereunder. This shall not, however, preclude a Contractor from withdrawing
or reducing any of the bases of entitlement and the amount of any compensation or time stated for any and all
issues claimed in the Contractor's written claim submitted hereunder at any time.
5-12.4 Action on Claim: The Engineer will respond in writing on projects with an original Contract amount
of $3,000,000 or less within 90 calendar days of receipt of a complete claim submitted by a Contractor in
compliance with 5-12.3, and on projects with an original Contract amount greater than $3,000,000 within
120 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3. Failure
by the Engineer to respond to a claim in writing within 90 or 120 days, respectively, after receipt of a complete
claim submitted by the Contractor in compliance with 5-12.3 constitutes a denial of the claim by the Engineer. If
the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be allowed and paid
for to the extent deemed valid and any time extension granted, if applicable, as provided in the Contract. No
circuit court or arbitration proceedings on any claim, or a part thereof, may be filed until after final acceptance
per 5-11 of all Contract work by the Department or denial hereunder, whichever occurs last.
5-12.5 Pre -Settlement and Pre -Judgment Interest: Entitlement to any pre -settlement or pre -judgment
interest on any claim amount determined to be valid subsequent to the Department's receipt of a certified written
claim in full compliance with 5-12.3, whether determined by a settlement or a final ruling in formal proceedings,
the Department shall pay to the Contractor simple interest calculated at the Prime Rate (as reported by the Wall
Street Journal as the base rate on corporate loans posted by at least 75% of the Nations 30 largest banks) as of
the 60th calendar day following the Department's receipt of a certified written claim in full compliance with 5-12.3,
such interest to accrue beginning 60 calendar days following the Department's receipt of a certified written claim
in full compliance with 5-12.3 and ending on the date of final settlement or formal ruling.
5-12,6 Compensation for Extra Work or Delay:
5-12.6.1 Compensation for Extra Work: Notwithstanding anything to the contrary contained in
the Contract Documents, the Contractor shall not be entitled to any compensation beyond that provided for in
4-3.2.
5-12.6.2 Compensation for Delay: Notwithstanding anything to the contrary contained in the
Contract Documents, the additional compensation set forth in 5-12.6.2.1 shall be the Contractor's sole monetary
remedy for any delay other than to perform extra work caused by the Department unless the delay shall have
been caused by acts constituting willful or intentional interference by the Department with the Contractor's
performance of the work and then only where such acts continue after Contractor's written notice to the
Department of such interference. The parties anticipate that delays may be caused by or arise from any number
of events during the term of the Contract, including, but not limited to, work performed, work deleted,
supplemental agreements, work orders, disruptions, differing site conditions, utility conflicts, design changes or
defects, time extensions, extra work, right-of-way issues, permitting issues, actions of suppliers, subcontractors
or other contractors, actions by third parties, suspensions of work by the Engineer pursuant to 8-6.1, shop
drawing approval process delays, expansion of the physical limits of the project to make it functional, weather,
weekends, holidays, special events, suspension of Contract Time, or other events, forces or factors sometimes
experienced in construction work. Such delays or events and their potential impacts on the performance by the
Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and
shall not be deemed to constitute willful or intentional interference with the Contractor's performance of the work
without clear and convincing proof that they were the result of a deliberate act, without reasonable and good -
faith basis, and specifically intended to disrupt the Contractor's performance.
5-12.6.2.1 Compensation for Direct Costs, Indirect Costs, Expenses, and Profit thereon, of
or from Delay: For any delay claim, the Contractor shall be entitled to monetary compensation for the actual
idle labor and equipment, and indirect costs, expenses, and profit thereon, as provided for in 4-3.2.1(4) and
solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have undertaken.
5-12.7 Mandatory Claim Records: After submitting to the Engineer a notice of intent to file a claim for
extra work or delay, the Contractor must keep daily records of all labor, material and equipment costs incurred
for operations affected by the extra work or delay. These daily records must identify each operation affected by
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the extra work or delay and the specific locations where work is affected by the extra work or delay, as nearly as
possible. The Engineer may also keep records of all labor, material and equipment used on the operations
affected by the extra work or delay. The Contractor shall, once a notice of intent to claim has been timely filed,
and not less than weekly thereafter as long as appropriate, submit the Contractor's daily records to the Engineer
and be likewise entitled to receive the Department's daily records. The daily records to be submitted hereunder
shall be done at no cost to the recipient.
5-12.8 Claims for Acceleration: The Department shall have no liability for any constructive acceleration
of the work, nor shall the Contractor have any right to make any claim for constructive acceleration nor include
the same as an element of any claim the Contractor may otherwise submit under this Contract. If the Engineer
gives express written direction for the Contractor to accelerate its efforts, such written direction will set forth the
prices and other pertinent information and will be reduced to a written Contract Document promptly. No payment
will be made on a Supplemental Agreement for acceleration prior to the Department's approval of the documents.
5-12.9 Certificate of Claim: When submitting any claim, the Contractor shall certify under oath and in
writing, in accordance with the formalities required by Florida law, that the claim is made in good faith, that the
supportive data are accurate and complete to the Contractor's best knowledge and belief, and that the amount
of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability. Such
certification must be made by an officer or director of the Contractor with the authority to bind the Contractor.
5-12.10 Non -Recoverable Items: The parties agree that for any claim the Department will not have
liability for the following items of damages or expense:
1. Loss of profit, incentives or bonuses;
2. Any claim for other than extra work or delay;
3. Consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding
opportunities, loss of credit standing, cost of financing, interest paid, loss of other work or
insolvency;
4. Acceleration costs and expenses, except where the Department has expressly and specifically
directed the Contractor in writing "to accelerate at the Department's expense"; nor
5. Attorney fees, claims preparation expenses and costs of litigation.
5-12.11 Exclusive Remedies: Notwithstanding any other provision of this Contract, the parties agree
that the Department shall have no liability to the Contractor for expenses, costs, or items of damages other than
those which are specifically identified as payable under 5-12. In the event any legal action for additional
compensation, whether on account of delay, acceleration, breach of contract, or otherwise, the Contractor agrees
that the Department's liability will be limited to those items which are specifically identified as payable in 5-12.
5-12.12 Settlement Discussions: The content of any discussions or meetings held between the
Department and the Contractor to settle or resolve any claims submitted by the Contractor against the
Department shall be inadmissible in any legal, equitable, arbitration or administrative proceedings brought by
the Contractor against the Department for payment of such claim. Dispute Resolution Board, State Arbitration
Board and Claim Review Committee proceedings are not settlement discussions, for purposes of this provision.
5-12.13 Personal Liability of Public Officials: In carrying out any of the provisions of the Contract or in
exercising any power or authority granted to the Secretary of Transportation, Engineer or any of their respective
employees or agents, there shall be no liability on behalf of any employee, officer or official of the Department
for which such individual is responsible, either personally or as officials or representatives of the Department. It
is understood that in all such matters such individuals act solely as agents and representatives of the
Department.
5-12.14 Auditing of Claims: All claims filed against the Department shall be subject to audit at any time
following the filing of the claim, whether or not such claim is part of a suit pending in the Courts of this State. The
audit may be performed, at the Department's sole discretion, by employees of the Department or by any
independent auditor appointed by the Department, or both. The audit may begin after ten days written notice to
the Contractor, subcontractor, or supplier. The Contractor, subcontractor, or supplier shall make a good faith
effort to cooperate with the auditors. As a condition precedent to recovery on any claim, the Contractor,
subcontractor, or supplier must retain sufficient records, and provide full and reasonable access to such records,
to allow the Department's auditors to verify the claim and failure to retain sufficient records of the claim or failure
to provide full and reasonable access to such records shall constitute a waiver of that portion of such claim that
cannot be verified and shall bar recovery thereunder. Further, and in addition to such audit access, upon the
Contractor submitting a written claim, the Department shall have the right to request and receive, and the
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Contractor shall have the affirmative obligation to submit to the Department any and all documents in the
possession of the Contractor or its subcontractors, materialmen or suppliers as may be deemed relevant by the
Department in its review of the basis, validity or value of the Contractor's claim.
Without limiting the generality of the foregoing, the Contractor shall upon written request of the
Department make available to the Department's auditors, or upon the Department's written request, submit at
the Department's expense, any or all of the following documents:
1. Daily time sheets and foreman's daily reports and diaries;
2. Insurance, welfare and benefits records;
3. Payroll register;
4. Earnings records;
5. Payroll tax return;
6. Material invoices, purchase orders, and all material and supply acquisition contracts;
7. Material cost distribution worksheet;
8. Equipment records (list of company owned, rented or other equipment used);
9. Vendor rental agreements and subcontractor invoices;
10. Subcontractor payment certificates;
11. Canceled checks for the project, including, payroll and vendors;
12. Job cost report;
13. Job payroll ledger;
14. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting
documentation pertinent to entries made in these ledgers and journals;
15. Cash disbursements journal;
16. Financial statements for all years reflecting the operations on this project;
17. Income tax returns for all years reflecting the operations on this project;
18. All documents which reflect the Contractor's actual profit and overhead during the years this Contract was
being performed and for each of the five years prior to the commencement of this Contract;
19. All documents related to the preparation of the Contractor's bid including the final calculations on which the
bid was based;
20. All documents which relate to each and every claim together with all documents which support the amount
of damages as to each claim;
21. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but
not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents that
establish which time periods and individuals were involved, and the hours and rates for such individuals.
SECTION 6 — Control of Materials.
6-1 Acceptance Criteria.
6-1.1 General: Acceptance of materials is based on the following criteria. All requirements may not apply
to all materials. Use only materials in the work that meet the requirements of these Specifications. The Engineer
may inspect and test any material, at points of production, distribution and use.
6-1.2 Sampling and Testing: Use the Department's current sample identification and tracking system
to provide related information and attach the information to each sample. Restore immediately any site from
which material has been removed for sampling purposes to the pre -sampled condition with materials and
construction methods used in the initial construction, at no additional cost to the Department.
Ensure when a material is delivered to the location as described in the Contract Documents, there
is enough material delivered to take samples, at no expense to the Department.
6-1.2.1 Pretest by Manufacturers: Submit certified manufacturer's test results to the Engineer
for qualification and use on Department projects. Testing will be as specified in the Contract Documents. The
Department may require that manufacturers submit samples of materials for independent verification purposes.
6-1.2.2 Point of Production Test: Test the material during production as specified in the Contract
Documents.
6-1.2.3 Point of Distribution Test: Test the material at Distribution facilities as specified in the
Contract Documents.
6-1.2.4 Point of Use Test: Test the material immediately following placement as specified in the
Specifications. After delivery to the project, the Department may require the retesting of materials that have been
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tested and accepted at the source of supply, or may require the testing of materials that are to be accepted by
manufacturer certification. The Department may reject all materials that, when retested, do not meet the
requirements of these Specifications.
6-1.3 Certification:
6-1.3.1 Manufacturer Material Certification: Submit material certifications for all materials to the
Engineer for approval when required by the Specifications. Materials will not be considered for payment when
not accompanied by a material certification. Sample material certification forms are available on the
Department's website at the following URL:
http://www.dot.state.fl. us/statematerialsoffice/administration/resources/library/publications/certifications/sample
forms.shtm . Ensure that the material certification follows the format of the sample form, is submitted on the
manufacturer's letterhead and is signed by a legally responsible person employed by the manufacturer.
6-1.3.1.1 Approved Product List: This list provides assurance to Contractors,
consultants, designers, and Department personnel that specific products and materials are approved for use on
Department facilities. The Department will limit the Contractor's use of products and materials that require use
of APL items to those listed on the APL effective at the time of placement. Where the terms Qualified Products
List (QPL) appear in the Contract Documents, they will be synonymous with Approved Product List (APL).
Manufacturers seeking to have a product evaluated for the APL must submit a Request for Product Consideration
application, available on the Department's website at the following URL:
http://www.dot.state.fl.us/programmanagement/ProductEvaluation/Default.shtm . Applications must include
supporting documentation as required by the Specifications, Design Standards, and APL approval process.
Required test reports must be conducted by an independent laboratory or other independent testing facility and
required drawings and calculations must be signed and sealed by a Professional Engineer licensed in the State
of Florida unless defined otherwise in the Specifications, Design Standards, and APL approval process
requirements. Applications must be signed by a legally responsible person employed by the manufacturer of the
product. Manufacturer name and material designation (product name, product model/part number/style number,
etc.) submitted on the application must be as identified on the product, product packaging or product labels as
required by the Specifications.
Products that have successfully completed the Department's evaluation process are eligible for inclusion on the
APL. Unless defined otherwise in the Specifications, Design Standards, or APL approval process requirements,
products listed on the APL must have an associated photograph, drawing, or product label submitted by the
product manufacturer before listing on the APL. Manufacturers are required to submit requests to the Department
for approval of any modifications or alterations made to a product listed on the APL. This includes, but is not
limited to, design, materials, fabrication methods or operational modifications. Modification or alteration requests
must be submitted along with supporting documentation that the product continues to meet the Specification or
Design Standards requirements. A product sample and additional product testing may be required for the
modification evaluation. Any marked variations from original test values, failure to notify the Department of any
modifications or alterations, or any evidence of inadequate performance of a product as a result of product
modification or alteration, may result in removal of the product from the APL.
Manufacturers must submit supporting documentation to the Department for a periodic review and re -approval
of their APL products on or before the product's original approval anniversary. APL products that are not re-
approved may be removed from the APL. Documentation requirements for the product review and re -approval,
including schedule and criteria, are available on the Department's website at the following URL:
http,://www.dot.state.fl.us/programmanagement/ProductEvaIuation/DefauIt.shtm .
6-1.3.2 Contractor Installation Certification: Submit installation certifications as required by the
Contract Documents.
6-2 Applicable Documented Authorities Other Than Specifications.
6-2.1 General: Details on individual materials are identified in various material specific Sections of the
Specifications that may refer to other documented authorities for requirements. When specified, meet the
requirements as defined in such references.
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6-2.2 Test Methods: Methods of sampling and testing materials are in accordance with the Florida
Methods (FM). If an FM does not exist for a particular test, perform the testing in accordance with the method
specified in the Specification. When test methods or other standards are referenced in the Specifications without
identification of the specific time of issuance, use the most current issuance, including interims or addendums
thereto, at the time of bid opening.
6-2.3 Construction Aggregates: Aggregates used on Department projects must be in accordance with
Rule 14-103, FAC.
6-3 Storage of Materials and Samples.
6-3.1 Method of Storage: Store materials in such a manner as to preserve their quality and fitness for
the work, to facilitate prompt inspection, and to minimize noise impacts on sensitive receivers. More detailed
specifications concerning the storage of specific materials are prescribed under the applicable Specifications.
The Department may reject improperly stored materials.
6-3.2 Use of Right -of -Way for Storage: If the Engineer allows, the Contractor may use a portion of the
right-of-way for storage purposes and for placing the Contractor's plant and equipment. Use only the portion of
the right-of-way that is outside the clear zone, which is the portion not required for public vehicular or pedestrian
travel. When used, restore the right-of-way to pre -construction condition at no additional cost to the Department
or as specified in the Contract Documents. Provide any additional space required at no expense to the
Department.
6-3.3 Responsibility for Stored Materials: Accept responsibility for the protection of stored materials.
The Department is not liable for any loss of materials, by theft or otherwise, or for any damage to the stored
materials.
6-3.4 Storage Facilities for Samples: Provide facilities for storage of samples as described in the
Contract Documents and warranted by the test methods and Specifications.
6-4 Defective Materials.
Materials not meeting the requirements of these Specifications will be considered defective. The Engineer
will reject all such materials, whether in place or not. Remove all rejected material immediately from the site of
the work and from storage areas, at no expense to the Department.
Do not use material that has been rejected and the defects corrected, until the Engineer has approved the
material's use. Upon failure to comply promptly with any order of the Engineer made under the provisions of this
Article, the Engineer has the authority to have the defective material removed and replaced by other forces and
deduct the cost of removal and replacement from any moneys due or to become due the Contractor.
As an exception to the above, within 30 calendar days of the termination of the LOT or rejection of the material,
the Contractor may submit a proposed scope of work to the Engineer for an engineering or independent
laboratory (as approved by the Engineer) analysis to determine the disposition of the material. A Specialty
Engineer, who is an independent consultant, or the Contractor's Engineer of Record as stated within each
individual Section shall perform any such analysis. Upon the Engineer's approval of the scope of work submitted
by the Contractor, the engineering analysis must be completed and the report must be submitted to the Engineer
within 45 calendar days, or other time frame as approved by the Engineer. The report must be signed and sealed
by the Specialty Engineer. The Engineer will determine the final disposition of the material after review of the
information submitted by the Contractor. No additional monetary compensation or time extension will be granted
for the impact of any such analysis or review.
6-5 Products and Source of Supply.
6-5.1 Source of Supply—Convict Labor (Federal -Aid Contracts Only): Do not use materials that were
produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison
facility has been producing convict -made materials for Federal -aid highway construction projects before
July 1, 1987.
Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway
construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The
Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction
projects to:
1. Materials produced by convicts on parole, supervised release, or probation from a prison or,
2. Materials produced in a qualified prison facility.
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The amount of such materials produced for Federal -aid highway construction during any
12 -month period shall not exceed the amount produced in such facility for use in such construction during the
12 -month period ending July 1, 1987.
6-5.2 Source of Supply -Steel: Use steel and iron manufactured in the United States, in accordance with
the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this
material occur in the United States. As used in this specification, a manufacturing process is any process that
modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting
and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States
for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a
component of any manufactured product (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.),
these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign
materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These
requirements are applicable to all steel and iron materials incorporated into the finished work, but are not
applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Submit
a certification from the manufacturer of steel or iron, or any product containing steel or iron, stating that all steel
or iron furnished or incorporated into the furnished product was produced and manufactured in the United States
or a statement that the product was produced within the United States except for minimal quantities of foreign
steel and iron valued at $ (actual cost). Submit each such certification to the Engineer prior to incorporating the
material or product into the project. Prior to the use of foreign steel or iron materials on a project, submit invoices
to document the actual cost of such material, and obtain the Engineer's written approval prior to incorporating
the material into the project
6-5.3 Contaminated, Unfit, Hazardous, and Dangerous Materials: Do not use any material that, after
approval and/or placement, has in any way become unfit for use. Do not use materials containing any substance
that has been determined to be hazardous by the State of Florida Department of Environmental Protection or
the U.S. Environmental Protection Agency (EPA). Provide workplaces free from serious recognized hazards and
to comply with occupational safety and health standards, as determined by the U.S. Department of Labor
Occupational Safety and Health Administration (OSHA).
6-12.2 Source of Supply - Steel
For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy
America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material
occur in the United States. As used in this specification, a manufacturing process is any process that modifies
the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and
mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete
only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is
taken outside the United States for any process, it becomes foreign source material. When using steel and iron
as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pre -stressed
beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal
quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total
Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron
materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor
uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or
any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into
the furnished product was manufactured in the United States in accordance with the requirements of this
specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also
include (1) a statement that the product was produced entirely within the United States, or (2) a statement that
the product was produced within the United States except for minimal quantities of foreign steel and iron valued
at $ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the
project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such
material, and obtain the Engineer's written approval prior to incorporating the material into the project.
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SECTION 7 — Legal Requirements and Responsibilities to the Public.
Compliance with FHWA 1273: The FHWA-1273 Electronic version, dated May 1, 2012 is posted on the
Department's website at the following URL address
http://www.dot.state.fl.us/programmanagement/Implemented/URLinSpecs/Files/FHWA1273.pdf. Take
responsibility to obtain this information and comply with all requirements posted on this website up through five
calendar days before the opening of bids.
Comply with the provisions contained in FHWA-1273. If the Department's website cannot be accessed, contact
the Department's Specifications Office Web Coordinator at (850) 414-4101.
7-1.3 Introduction or Release of Prohibited Aquatic Plants, Plant Pests, or Noxious Weeds: Do not
introduce or release prohibited aquatic plants, plant pests, or noxious weeds into the project limits as a result of
clearing and grubbing, earthwork, grassing and mulching, sodding, landscaping, or other such activities.
Immediately notify the Engineer upon discovery of all prohibited aquatic plants, plant pests, or noxious weeds
within the project limits. Do not move prohibited aquatic plants, plant pests, or noxious weeds within the project
limits or to locations outside of the project limits without the Engineer's permission. Maintain all borrow material
brought onto the project site free of prohibited aquatic plants, plant pests, noxious weeds, and their reproductive
parts. Refer to Rule 16C-52 and Rule 513-57, of the Florida Administrative Code for the definition of prohibited
aquatic plants, plant pests, and noxious weeds.
7-1.7 Insecticides, Herbicides and Fertilizers:
7-1.7.1 Insecticides and Herbicides: Use products found on the following website,
http://state.ceris.purdue.edu/, approved by the Florida Department of Agriculture for the State of Florida. The use
of restricted products is prohibited. Do not use any products in the sulfonylurea family of chemicals. Herbicide
application by broadcast spraying is not allowed.
Procure any necessary licenses, pay all charges and fees, and give all notices necessary for lawful
performance of the work.
Ensure that all insecticides and herbicides are applied in accordance with Chapter 5E-9, Florida
Administrative Code. Provide a copy of current certificates upon request, to the Engineer.
Ensure that employees who work with herbicides comply with all applicable Federal, State, and local
regulations.
Comply with all regulations and permits issued by any regulatory agency within whose jurisdiction work
is being performed. Post all permit placards in a protected, conspicuous location at the work site.
Acquire any permits required for work performed on the rights-of-way within the jurisdiction of National
Forests in Florida. Contact the Local National Forest Ranger District, or the United States Department of
Agriculture (USDA) office for the proper permits and subsequent approval.
Acquire all permits required for aquatic plant control as outlined in Chapter 62C-20, Florida Administrative
Code Rules of the Florida Department of Environmental Protection. Contact the Regional Field Office of Bureau
of Invasive Plant Management of the Florida Department of Environmental Protection for proper permits and
subsequent approval. If application of synthetic organo -auxin herbicides is necessary, meet the requirements of
Chapter 5E-2, Florida Administrative Code.
7-1.7.2 Fertilizer: Ensure that all employees applying fertilizer, possess a current Florida Department of
Agriculture and Consumer Services Commercial Applicator license in accordance with Section 482.1562, F.S.
Upon request, provide a copy of current certificates to the Engineer.
7-7 Control of the Contractor's Equipment.
7-7.2 Overloaded Equipment: Do not operate on any road, street or bridge including a Department
owned temporary bridge, any hauling unit or equipment loaded in excess of:
1. the maximum weights specified in the Florida Highway Patrol, Commercial Motor Vehicle Manual
(Trucking Manual), or
2. lower weight limits legally established and posted for any section of road or bridge by the Department
or local authorities.
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The governmental unit having jurisdiction over a particular road or bridge may provide exceptions by special
permit under the provisions of 7-7.3.
This restriction applies to all roads and bridges inside and outside the Contract limits as long as these roads and
bridges are open for public use. The Contractor may overload roads and bridges which are to be demolished
after they are permanently closed to the public. The Contractor is responsible for all loss or damages resulting
from equipment operated on a structure permanently closed to the public.
7-7.5 Contractor's Equipment on Bridge Structures: The Contractor's Engineer of Record shall
analyze the effect of imposed loads on bridge structures, within the limits of a construction contract, resulting
from the following operations:
1. Overloaded Equipment as defined in 7-7.2:
a. Operating on or crossing over completed bridge structures.
b. Operating on or crossing over partially completed bridge structures.
2. Equipment within legal load limits:
a. Operating on or crossing over partially completed bridge structures.
3. Construction cranes:
a. Operating on completed bridge structures.
b. Operating on partially completed bridge structures.
Any pipe culvert(s) or box culvert(s) qualifying as a bridge under 1-3 is excluded from the requirements above.
A completed bridge structure is a bridge structure in which all elemental components comprising the load carrying
assembly have been completed, assembled, and connected in their final position. The components to be
considered shall also include any related members transferring load to any bridge structure.
The Contractor's Engineer of Record shall determine the effect that equipment loads have on the bridge structure
and develop the procedures for using the loaded equipment without exceeding the structure's design load
capacity. Submit to the Department for approval the design calculations, layout drawings, and erection drawings
showing how the equipment is to be used so that the bridge structure will not be overstressed. The Contractor's
Engineer of Record shall sign and seal the drawings and the cover sheet of the calculations for the Department's
Record Set.
7-16 Wage Rates for Federal -Aid Projects.
For this Contract, payment of predetermined minimum wages applies.
The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in table below, as
modified up through ten days prior to the opening of bids.
Wage Rate Decision
Number
Associated Work
FL180221 03!161201
FL221
Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of
Construction website and ensure that employees receive the minimum compensation applicable. Review the
General Decisions for all classifications necessary to complete the project. Request additional classifications
through the Engineer's office when needed.
For guidance on the requirements for the payment of wages and benefits and the submittal of certified
payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to
the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage
tables should be submitted in accordance with 2-4.
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Contact the Department's Prevailing Wage Rate Coordinator at (850) 414-4688 if the Department's
website cannot be accessed or there are questions.
7-24 Disadvantaged Business Enterprise Program.
7-24.1 Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract,
have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the
Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the
Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part
of the Contract.
7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with
49 CFR 26.13 (b), the contract FDOT signs with the contractor (and each subcontract the prime contractor signs
with a subcontractor) must include the following assurance: "The contractor, sub -recipient or subcontractor shall
not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the recipient deems appropriate,
which may include, but is not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions'
3. Liquidated damages; and/or
4. Disqualifying the Contractor from future bidding as non -responsible."
7-24.3 Plan Requirements: Include the following in the DBE Affirmative Action Program Plan:
1. A policy statement, signed by an authorized representative (president, chief executive officer, or
chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the
maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the
program. Circulate the policy statement throughout the Contractor's organization.
2. The designation of a Liaison Officer within the Contractor's organization, as well as support staff,
necessary and proper to administer the program, and a description of the authority, responsibility, and
duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing,
managing, and implementing the program on a day-to-day basis for carrying out technical assistance
activities for DBEs and for disseminating information on available business opportunities so that DBEs
are provided an equitable opportunity to participate in Contracts let by the Department.
3. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are
not limited to:
a. Soliciting price quotations and arranging a time for the review of Plans, quantities, specifications, and
delivery schedules, and for the preparation and presentation of quotations.
b. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing,
or technical assistance.
c. Carrying out information and communication programs or workshops on contracting procedures and
specific contracting opportunities in a timely manner, with such programs being bilingual where
appropriate.
d. Encouraging eligible DBEs to apply for certification with the Department.
e. Contacting Minority Contractor Associations and city and county agencies with programs for
disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply
for certification with the Department.
7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance
System:
1. DBE Commitments - at or before the Pre -Construction Conference.
2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website,
actual payments (including retainage) made to DBEs for work performed with their own workforce and
equipment in the area in which they are certified. Report payments made to all DBE and Minority Business
Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers.
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The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping
system to monitor DBE affirmative action efforts which include the following:
1. the procedures adopted to comply with these Specifications;
2. the number of subordinated Contracts on Department projects awarded to DBEs;
3. the dollar value of the Contracts awarded to DBEs;
4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total
Contract amount;
5. a description of the general categories of Contracts awarded to DBEs; and
6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to
the Department for review. Maintain all such records for a period of five years following acceptance of final
payment and have them available for inspection by the Department and the Federal Highway Administration.
7-24.5 Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55
specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for
work actually performed by DBEs themselves for the types of work for which they are certified. When reporting
DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own
workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously
reported or to add DBEs not initially reported.
When a DBE participates in a contract, the value of the work is determined in accordance with
49 CFR Part 26.55, for example:
1. The Department will count only the value of the work performed by the DBE toward DBE goals. The
entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies,
equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit.
2. The Department will count the entire amount of fees or commissions charged by the DBE firm for
providing a bona fide service, such as professional, technical, consultant, or managerial services or for
providing bonds or insurance specifically required for the performance of a Department -assisted contract,
toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive
as compared with fees customarily followed for similar services.
3. When the DBE subcontracts part of the work of its contract to another firm, the Department will count
the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE
subcontracts to a non -DBE firm does not count toward DBE goals.
4. When a DBE performs as a participant in a joint venture, the Department will count the portion of the
dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with
its own forces toward DBE goals.
5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful
function (CUF) in the work of a contract may be counted toward the voluntary DBE goal.
6. A DBE performs a commercially useful function when it is responsible for execution of the work of the
contract and is carrying out its responsibilities by actually performing, managing, and supervising the
work involved. To perform a commercially useful function, the DBE must also be responsible, with
respect to materials and supplies used on the contract, for negotiating price, determining quality and
quantity, ordering the material, and installing (where applicable) and paying for the material itself.
7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District
Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy
of the notice to the DBE subcontractor and maintain a copy with the project records.
8. To determine whether a DBE is performing a commercially useful function, the Department will
evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid
under the contract is commensurate with the work it is actually performing and the DBE credit claimed
for its performance of the work, and other relevant factors.
9. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant
in a transaction, contract, or project through which funds are passed in order to obtain the appearance of
DBE participation.
10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract
with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would
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be expected on the basis of normal industry practice for the type of work involved, the DBE has not
performed a commercially useful function.
7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors.
7-25 On -The -Job Training Requirements.
As part of the Contractor's equal employment opportunity affirmative action program, training shall be
provided as follows:
The Contractor shall provide On -The -Job Training aimed at developing full journeymen in the type of trade or
job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it
shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the
Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section.
Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor
shall incorporate the requirements of this Section into such subcontract.
The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and
the scope of work to be performed. The trainee goal will be finalized at a Post-Preconstruction Trainee Evaluation
Meeting and the goal will be distributed among the work classifications based on the following criteria:
1. Determine the number of trainees on Federal Aid Contract:
a. No trainees will be required for contracts with a Contract Time allowance of less than
275 calendar days.
b. If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be
established in accordance with the following chart:
Estimated Contract Amount
Trainees Required
$2,000,000 or less
0
Over $2,000,000 to $4,000,000
2
Over $4,000,000 to $6,000,000
3
Over $6,000,000 to $12,000,000
5
Over $12,000,000 to $18,000,000
7
Over $18,000,000 to $24,000,000
9
Over $24,000,000 to $31,000,000
12
Over $31,000,000 to $37,000,000
13
Over $37,000,000 to $43,000,000
14
Over $43,000,000 to $49,000,000
15
Over $49,000,000 to $55;000,000
16
Over $55,000,000 to $62,000,000
17
Over $62,000,000 to $68,000,000
18
Over $68,000,000 to $74,000,000
19
Over $74,000,000 to $81,000,000
20
Over $81,000,000 to $87,000,000
21
Over $87,000,000 to $93,000,000
22
Over $93,000,000 to $99,000,000
23
Over $99,000,000 to $105,000,000
24
Over $105,000,000 to $112,000,000
25
Over $112,000,000 to $118,000,000
26
Over $118,000,000 to $124,000,000
27
Over $124,000,000 to $130,000,000
28
Over $130,000,000 to *
*One additional trainee per $6,000,000 of estimated Construction Contract amount
over $130,000,000
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Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section,
a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked
trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The
Contractor's Project Manager, the Construction Project Engineer and the Department's District Contract
Compliance Manager will attend this meeting. Within ten days after the Post-Preconstruction Training Evaluation
Meeting, the Contractor shall submit to the Department for approval an On -The -Job Training Schedule indicating
the number of trainees to be trained in each selected classification and the portion of the Contract Time during
which training of each trainee is to take place. This schedule may be subject to change if any of the following
occur:
1. When a start date on the approved On -The -Job Training Schedule has been missed by 14 or more
days;
2. When there is a change in previously approved classifications;
3. When replacement trainees are added due to voluntary or involuntary termination
The revised schedule will be resubmitted to and approved by the Department's District Contract
Compliance Manager.
The following criteria will be used in determining whether or not the Contractor has complied with this
Section as it relates to the number of trainees to be trained:
1. Credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this
Contract. Credit for trainees, over the established number for this Contract, will be carried in a "bank" for
the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A
"banked" trainee is described as an employee who has been trained on a project, over and above the
established goal, and for which the Contractor desires to preserve credit for utilization on a subsequent
project.
2. Credit will be allowed for each trainee that has been previously enrolled in the Department's approved
training program on another contract and continues training in the same job classification and completes
their training on a different contract.
3. Credit will be allowed for each trainee who, due to the amount of work available in their classification,
is given the greatest practical amount of training on the contract regardless of whether or not the trainee
completes training.
4. Credit will be allowed for any training position indicated in the approved On -The -Job Training Schedule,
if the Contractor can demonstrate that made a good faith effort to provide training in that classification
was made.
5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated
unless the Contractor can clearly demonstrate good cause for this action.
Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman
status is a primary objective of this Section. Accordingly, the Contractor shall make every effort to enroll minority
trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources
likely to yield minority and women trainees) to the extent such persons are available within a reasonable area of
recruitment. If a non -minority male is enrolled into the On -The -Job Training Program, the On -The -Job Training
Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be
accompanied by a disadvantaged certification or a justification for such action acceptable to the Department's
District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for
demonstrating the steps that it has taken in pursuance thereof, prior to a determination as to whether the
Contractor is in compliance with this Section. This training is not intended, and shall not be used, to discriminate
against any applicant for training, whether a minority, woman or disadvantaged person.
No employee shall be employed as a trainee in any classification in which they have successfully completed a
training course leading to journeyman status, or have been employed as a journeyman. The Contractor may
satisfy this requirement by including appropriate questions in the employee application or by other suitable
means. Regardless of the method used, the Contractor's records should document the findings in each case.
The minimum length and type of training for each classification will be as established at the Post-Preconstruction
Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based
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upon satisfactory completion of a Proficiency Demonstration set up at the completion of training and established
for the specific training classification, completion of the minimum hours in a training classification range, and the
employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon
reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance
Office:
1. Trainee Enrollment and Personnel Action Form
2. Proficiency Demonstration Verification Form indicating completion of each standard established for
the classification signed by representatives of both the Contractor and the Department.
The Department and the Contractor shall establish a program that is tied to the scope of the work in the project
and the length of operations providing it is reasonably calculated to meet the equal employment opportunity
obligations of the Contractor and to qualify the average trainee for journeyman status in the classifications
concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship
programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State
apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored
by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also
be considered acceptable provided it is being administered in a manner consistent with the equal employment
obligations of Federal Aid highway construction contract. Approval or acceptance of a training schedule shall be
obtained from the Department prior to commencing work on the classifications covered by the program.
A voluntary On -The -Job Training Program is available to a Contractor which has been awarded a state funded
project. Through this program, the Contractor will have the option to train employees on state funded projects
for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects
where training is required. Those Contractors availing themselves of this opportunity to train personnel on state
funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for
Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor
compliance with the training criteria.
It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk -
typists or secretarial type positions. Training is permissible in lower level management positions such as office
engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer
classifications, except Common/General Laborer, may be permitted provided that significant and meaningful
training is provided and approved by the District Contract Compliance Office.
When approved in advance by the District Contract Compliance Manager, credit will be given for training of
persons in excess of the number specified herein under the current contract or a Contractor will be allowed to
bank trainees who have successfully completed a training program and may apply those trainees to a training
requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager.
This credit will be given even though the Contractor may receive training program funds from other sources,
provided such other source do not specifically prohibit the Contractor from receiving other form of compensation.
Offsite training is permissible as long as the training is an integral part of an approved training program and does
not compromise a significant part of the overall training. Credit for offsite training indicated above may only be
made to the Contractor when it does one or more of the following and the trainees are concurrently employed
on a Federal Aid Project:
1. Contributes to the cost of the training,
2. Provides the instruction to the trainee,
3. Pays the trainee's wages during the offsite training period.
The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the
onset of training. The compensation rate will be increased to the journeyman's wage upon graduation from the
training program for the remainder of the time the trainee works in the classification in which they were trained.
The Contractor shall furnish the trainee a copy of the program they will follow in providing the training. The
Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily
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completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the
trainee can be enrolled in another classification on the same project.
The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work
being performed as a part of this Contract.
The Contractor shall submit to the District Contract Compliance Manager a copy of an On -The -Job Training
Notification of Personnel Action form no later than seven days after the effective date of the action when the
following actions occur: a trainee is transferred on the project, transferred from the project to continue training
on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is
involuntary terminated from the project.
The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for
each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the
subsequent month. The Monthly Time Report shall indicate the phases and sub -phases of the number of hours
devoted to each proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and
Timekeeper classifications will not be approved for the On -The -Job Training Program.
The number of trainees may be distributed among the work classifications on the basis of the Contractor's needs
and the availability of journeymen in the various classifications within a reasonable area of recruitment.
The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been
provided to the trainee as specified above.
7-26 Cargo Preference Act — Use of United States -flag vessels.
Pursuant to Title 46CFR Part 381, the Contractor agrees:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such
vessels are available at fair and reasonable rates for United States -flag commercial vessels.
2. To furnish within 20 days following the date of loading for shipments originating within the United States
or within 30 working days following the date of loading for shipments originating outside the United States,
a legible copy of a rated, `on -board' commercial ocean bill -of -lading in English for each shipment of cargo
described in paragraph 1 of this section to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this
contract.
7-29 E -Verify.
The Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
7-31 Title VI Assurance — DOT 1050.2A, Appendix A and Appendix E.
7-31.1 Appendix A: During the performance of this Contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally -assisted programs of the US Department of Transportation (hereinafter,
"USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time;
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part
of this Contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall
not discriminate on the basis of race, color, national origin or sex in the selection and. retention of sub-
contractors, including procurements of materials and leases of equipment. The Contractor shall not
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participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the Contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for subcontractors, including procurements of materials and equipment: In all solicitations
either by competitive bidding or negotiation made by the Contractor for work to be performed under
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the basis of race, color, national origin, or sex.
4. Information and Reports: The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information and its facilities as may be determined by the Florida Department of
Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance
with such Regulations, order and instructions. Where any information required of a Contractor is in the
exclusive possession of another who fails or refuses to furnish this information the Contractor shall so
certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration
as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Contract, the Florida Department of Transportation shall impose such
Contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal
Aviation Administration, or Federal Motor Carrier Safety Administration may determine to be appropriate,
including, but not limited to:
a. withholding of payments to the Contractor under the Contract until the Contractor complies, or
b. cancellation, termination or suspension of the Contract, in whole or in part.
6. Incorporation of Provisions: The Contractor shall include the provisions of this Appendix in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to
any subcontract or procurement as the Florida Department of Transportation or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier
Safety Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request
the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida
Department of Transportation, and, in addition, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
7-31.2 Appendix E: During the performance of this Contract, the Contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Contractor" agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination
on the basis of race, color, national origin); and 49 CFR Part 21;
2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired of Federal
or Federal -aid programs and projects);
3. Federal -Aid Highway Act of 1973, (23 U.S.0 § 324 et seq.), (prohibits discrimination on the basis of
sex);
4. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color national origins or sex);
7. The Civil Rights Restoration Act of 1987 (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504
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of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to
include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not);
8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
SECTION 8 — PROSECUTION OF WORK.
8-1 Subletting or Assigning of Contracts.
Do not, sell, transfer, assign or otherwise dispose of the Contract or Contracts or any portion thereof, or of the
right, title, or interest therein, without written consent of the Department. If the Contractor chooses to sublet any
portion of the Contract, the Contractor must provide a written request to sublet work on the Certification of Sublet
Work form developed by the Department for this purpose. With the Engineer's acceptance of the request, the
Contractor may sublet a portion of the work, but shall perform with its own organization work amounting to not
less than 40% of the total Contract amount. The Certification of Sublet Work request will be deemed acceptable
by the Department, for purposes of the Department's consent, unless the Engineer notifies the Contractor within
5 business days of receipt of the Certification of Sublet Work that the Department is not consenting to the
requested subletting.
Include in the total Contract amount the cost of materials and manufactured component products, and their
transportation to the project site. For the purpose of meeting this requirement the Department will not consider
off-site commercial production of materials and manufactured component products that the Contractor
purchases, or their transportation to the project, as subcontracted work.
If the Contractor sublets a part of a Contract item, the Department will use only the sublet proportional cost in
determining the percentage of subcontracted normal work.
Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the
Contract. All other agreements must be in writing and reference all applicable Contract provisions. Upon request,
furnish the Department with a copy of the subcontract and agreement. The subletting of work does not relieve
the Contractor or the surety of their respective liabilities under the Contract.
The Department recognizes a subcontractor only in the capacity of an employee or agent of the Contractor, and
the Engineer may require the Contractor to remove the subcontractor as in the case of an employee.
8-7.3.2 Contract Time Extensions: The Department may grant an extension of Contract Time when a
controlling item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid. The
Department may allow such extension of time only for delays occurring during the Contract Time period or
authorized extensions of the Contract Time period. When failure by the Department to fulfill an obligation under
the Contract results in delays to the controlling items of work, the Department will consider such delays as a
basis for granting a time extension to the Contract.
Whenever the Engineer suspends the Contractor's operations, as provided in 8-6, for reasons other than the
fault of the Contractor, the Engineer will grant a time extension for any delay to a controlling item of work due to
such suspension. The Department will not grant time extensions to the Contract for delays due to the fault or
negligence of the Contractor.
The Department does not include an allowance for delays caused by the effects of inclement weather or
suspension of Contractor's operations as defined in 8-6.4, in establishing Contract Time. The Engineer will
continually monitor the effects of weather and, when found justified, grant time extensions on either a bimonthly
or monthly basis. The Engineer will not require the Contractor to submit a request for additional time due to the
effects of weather.
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The Department will grant time extensions, on a day for day basis, for delays caused by the effects of rains or
other inclement weather conditions, related adverse soil conditions or suspension of operations as defined in 8-
6.4 that prevent the Contractor from productively performing controlling items of work resulting in:
1. The Contractor being unable to work at least 50% of the normal work day on pre -determined controlling
work items; or
2. The Contractor must make major repairs to work damaged by weather, provided that the damage is
not attributable to the Contractor's failure to perform or neglect; and provided that the Contractor was
unable to work at least 50% of the normal workday on pre -determined controlling work items. No
additional compensation will be made for delays caused by the effects of inclement weather.
The Department will consider the delays in delivery of materials or component equipment that affect progress
on a controlling item of work as a basis for granting a time extension if such delays are beyond the control of the
Contractor or supplier. Such delays may include an area -wide shortage, an industry -wide strike, or a natural
disaster that affects all feasible sources of supply. In such cases, the Contractor shall submit substantiating
letters from a representative number of manufacturers of such materials or equipment clearly confirming that the
delays in delivery were the result of an area -wide shortage, an industry -wide strike, etc. No additional
compensation will be made for delays caused by delivery of materials or component equipment.
The Department will not consider requests for time extension due to delay in the delivery of custom manufactured
equipment such as traffic signal equipment, highway lighting equipment, etc., unless the Contractor submits
documentation that he placed the order for such equipment in a timely manner, the delay was caused by factors
beyond the manufacturer's control, and the lack of such equipment caused a delay in progress on a controlling
item of work. No additional compensation will be paid for delays caused by delivery of custom manufactured
equipment.
The Department will consider the effect of utility relocation and adjustment work on job progress as the basis for
granting a time extension only if all the following criteria are met:
1. Delays are the result of either utility work that was not detailed in the Plans, or utility work that was
detailed in the Plans but was not accomplished in reasonably close accordance with the schedule
included in the Contract Documents.
2. Utility work actually affected progress toward completion of controlling work items.
3. The Contractor took all reasonable measures to minimize the effect of utility work on job progress,
including cooperative scheduling of the Contractor's operations with the scheduled utility work at the
preconstruction conference and providing adequate advance notification to utility companies as to the
dates to coordinate their operations with the Contractor's operations to avoid delays.
As a condition precedent to an extension of Contract Time the Contractor must submit to the Engineer:
Furthermore, the Contractor must submit to the Engineer a request for a Contract Time extension in writing within
30 days after the elimination of the delay to the controlling item of work identified in the preliminary request for
an extension of Contract Time. Each request for a Contract Time extension shall include as a minimum all
documentation that the Contractor wishes the Department to consider related to the delay, and the exact number
of days requested to be added to Contract Time. If the Contractor contends that the delay is compensable, then
the Contractor shall also be required to submit with the request for a Contract Time extension a detailed cost
analysis of the requested additional compensation. If the Contractor fails to submit this required request for a
Contract Time extension, with or without a detailed cost analysis, depriving the Engineer of the timely opportunity
to verify the delay and the costs of the delay, the Contractor waives any entitlement to an extension of Contract
Time or additional compensation for the delay.
Upon timely receipt of the preliminary request of Contract Time from the Contractor, the Engineer will investigate
the conditions, and if it is determined that a controlling item of work is being delayed for reasons beyond the
control of the Contractor the Engineer will take appropriate action to mitigate the delay and the costs of the delay.
Upon timely receipt of the request for a Contract Time extension the Engineer will further investigate the
conditions, and if it is determined that there was an increase in the time or the cost of performance of the
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controlling item of work beyond the control of the Contractor, then an adjustment of Contract Time will be made,
and a monetary adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified
in writing accordingly.
The existence of an accepted schedule, including any required update(s), as stated in FDOT Section 8-3.2
"Submission of Working Schedule", is a condition precedent to the Contractor having any right to the granting of
an extension of Contract Time or any monetary compensation arising out of any delay. Contractor failure to have
an accepted schedule, including any required update(s), for the period of potential impact, or in the event the
currently accepted schedule and applicable updates do not accurately reflect the actual status of the project or
fail to accurately show the true controlling or non -controlling work activities for the period of potential, impact, will
result in any entitlement determination as to time or money for such period of potential impact being limited solely
to the Department's analysis and identification of the actual controlling or non -controlling work activities. Further,
in such instances, the Department's determination as to entitlement as to either time or compensability will be
final, unless the Contractor can prove by clear and convincing evidence to a Disputes Review Board that the
Department's determination was without any reasonable factual basis.
8-10 Liquidated Damages for Failure to Complete the Work.
8-10.2 Amount of Liquidated Damages: Applicable liquidated damages are the amounts
established in the following schedule:
Original Contract Amount
$50,000 and under
Over $50,000 but less than $250,000
$250,000 but less than $500,000
$500,000 but less than $2,500,000
$2,500,000 but less than $5,000,000
$5,000,000 but less than $10,000,000
$10,000,000 but less than $15,000,000
$15,000,000 but less than $20,000,000
$20,000,000 and over
Section 9 — Measurement and Payment.
Daily Charge Per Calendar Day
$763
$958
$1,099
$1,584
$2,811
$3,645
$4,217
$4,698
$6,323 plus 0.00005 of any
amount over $20 million (Round to nearest
whole dollar)
9-1.3 Determination of Pay Areas:
9-1.3.1 Final Calculation: When measuring items paid for on the basis of area of finished work,
where the pay quantity is designated to be determined by calculation, the Engineer will use lengths and widths
in the calculations based on the station to station dimensions shown on the plans; the station to station
dimensions actually constructed within the limits designated by the Engineer; or the final dimensions measured
along the surface of the completed work within the neat lines shown on the plans or designated by the Engineer.
The Engineer will use the method or combination of methods of measurement that reflect, with reasonable
accuracy, the actual surface area of the finished work as the Engineer determines.
9-1.3.2 Plan Quantity: When measuring items paid for on the basis of area of finished work,
where the pay quantity is designated to be the plan quantity, the Engineer will determine the final pay quantity
based on the plan quantity subject to the provisions of 9-3.2. Generally, the Engineer will calculate the plan
quantity using lengths based on station to station dimensions and widths based on neat lines shown in the plans.
9-3 Compensation for Altered Quantities.
9-3.1 General: When alteration in plans or quantities of work not requiring a supplemental agreement as
hereinbefore provided for are offered and performed, the Contractor shall accept payment in full at Contract unit
bid prices for the actual quantities of work done, and no allowance will be made for increased expense, loss of
expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor, resulting either
directly from such alterations, or indirectly from unbalanced allocation among the Contract items of overhead
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expense on the part of the bidder and subsequent loss of expected reimbursement therefore, or from any other
cause.
Compensation for alterations in plans or quantities of work requiring supplemental agreements shall be stipulated
in such agreement, except when the Contractor proceeds with the work without change of price being agreed
upon, the Contractor shall be paid for such increased or decreased quantities at the Contract unit prices bid in
the Proposal for the items of work. If no Contract unit price is provided in the Contract, and the parties cannot
agree as to a price for the work, the Contractor agrees to do the work in accordance with 4-3.2.
9-3.2 Payment Based on Plan Quantity:
9-3.2.1 Error in Plan Quantity: As used in this Article, the term "substantial error" is defined as
the smaller of (a) or (b) below:
(a) a difference between the original plan quantity and final quantity of more than 5%,
(b) a change in quantity which causes a change in the amount payable of more than $5,000.
On multiple job Contracts, changes made to an individual pay item due to substantial errors will be based on the
entire Contract quantity for that pay item. Where the pay quantity for any item is designated to be the original
plan quantity, the Department will revise such quantity only in the event that the Department determines it is in
substantial error. In general, the Department will determine such revisions by final measurement, plan
calculations, or both, as additions to or deductions from plan quantities.
In the event that either the Department or the Contractor contends that the plan quantity for any item is in error
and additional or less compensation is thereby due, the claimant shall submit, at their own expense, evidence of
such in the form of acceptable and verifiable measurements or calculations. The Department will not revise the
plan quantity solely on the basis of a particular method of construction that the Contractor selects. For earthwork
items, the claimant must note any differences in the original ground surfaces from that shown in the original plan
cross-sections that would result in a substantial error to the plan quantity, and must be properly documented by
appropriate verifiable level notes, acceptable to both the Contractor and the Department, prior to disturbance of
the original ground surface by construction operations. The claimant shall support any claim based upon a
substantial error for differences in the original ground surface by documentation as provided above.
9-3.2.2 Authorized Changes in Limits of Work: Where the Department designates the pay quantity for
any item to be the original plan quantity and authorizes a plan change which results in an increase or decrease
in the quantity of that item, the Department will revise the plan quantity accordingly. In general, the Department
will determine such revisions by final measurement, plan calculations or both.
9-3.2.3 Specified Adjustments to Pay Quantities: Do not apply the limitations specified in 9-3.2.1 and
9-3.2.2 to the following:
(1) Where these Specifications or Special Provisions provide that the Department determines the pay
quantity for an item on the basis of area of finished work adjusted in accordance with the ratio of measured
thickness to nominal thickness.
(2) Where these Specifications provide for a deduction due to test results falling outside of the allowable
specified tolerances.
(3) To payment for extra length fence posts, as specified in 550-6.3.
9-3.3 Lump Sum Quantities:
9-3.3.1 Error in Lump Sum Quantity: Where the Department designates the pay quantity for an
item to be a lump sum and the plans show an estimated quantity, the Department will adjust the lump sum
compensation only in the event that either the Contractor submits satisfactory evidence or the Department
determines and furnishes satisfactory evidence that the lump sum quantity shown is in substantial error as
defined in 9-3.2.1.
9-3.3.2 Authorized Changes in Work: Where the Department designates the pay quantity for
an item to be a lump sum and the Plans show an estimated quantity, the Department will adjust compensation
for that item proportionately when an authorized plan change is made which results in an increase or decrease
in the quantity of that item. When the Plans do not show an estimated plan quantity or the applicable
specifications do not provide adjustments for contingencies, the Department will compensate for any authorized
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plan change resulting in an increase or decrease in the cost of acceptably completing the item by establishing a
new unit price through a supplemental agreement as provided in 4-3.2.
9-5 Partial Payments.
9-5.1 General: The Engineer will make partial payments on monthly estimates based on the amount of
work that the Contractor completes during the month (including delivery of certain materials, as specified herein
below). The Engineer will make approximate monthly payments, and the Department will correct all partial
estimates and payments in the subsequent estimates and in the final estimate and payment.
The Department will base the amount of such payments on the total value of the work that the Contractor has
performed to the date of the estimate, based on the quantities completed and the Contract prices, less payments
previously made and less any retainage withheld.
Retainage will not be withheld until the percent of Contract Time used exceeds 75%. From that time forward, the
Department will withhold retainage of 10% of the amount due on the current estimate as retainage when the
percent of Contract Time used exceeds the percent of Contract amount earned by more than 15%. Contract
amount is defined as the original Contract amount adjusted by approved supplemental agreements.
Retainage will be determined for each job on multiple job Contracts. The Department will not accept Securities,
Certificates of Deposit or letters of credit as a replacement for retainage. Amounts withheld will not be released
until payment of the final estimate.
9-5.2 Unsatisfactory Payment Record: In accordance with Sections 255.05 and 337.16 of the Florida
Statutes, and the rules of the Department, the Department may disqualify the Contractor from bidding on future
Department contracts if. the Contractor's payment record in connection with contract work becomes
unsatisfactory.
9-5.3 Withholding Payment:
9-5.3.1 Withholding Payment for Defective Work: If the Department discovers any defective work or
material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any part
of the completed work prior to final acceptance, then the Department will not allow payment for such defective
or questioned work until the Contractor has remedied the defect and removed any causes of doubt.
9-5.3.2 Withholding Payment for Failure to Comply: The Department will withhold progress payments
from the Contractor if he fails to comply with any or all of the following within 60 days after beginning work:
1. comply with and submit required paperwork relating to prevailing wage rate provisions, Equal
Employment Opportunity, On -The -Job Training, and Affirmative Action;
2. comply with the requirement to all necessary information, including actual payments to DBEs, all other
subcontractors and major suppliers, through the Internet based Equal Opportunity Reporting System;
3. comply with or make a good faith effort to ensure employment opportunity for minorities and females
in accordance with the required contract provisions for Federal Aid Construction Contracts, and
4. comply with or make a good faith effort to meet On -The -Job Training goals.
The Department will withhold progress payments until the Contractor has satisfied the above conditions.
9-5.4 Release of Retainage After Acceptance: When the Contractor has furnished the Department with
all submittals required by the Contract, such as invoices, EEO reports, materials certifications, certification of
materials procured, etc., (excluding Contractor's letter of acceptance of final amount due and Form 21-A release)
and the Engineer has determined that the measurement and computation of pay quantities is correct, the
Department may reduce the retainage to $1,000 plus any amount that the Department elects to deduct for
defective work as provided in 9-5.3.
The Department will not allow a semifinal estimate under the provisions of the above paragraphs unless the time
elapsing between (1) acceptance of the project and receipt of all test reports, invoices, etc., and (2) submission
of the final estimate to the Contractor for acceptance, exceeds or is expected to exceed ten days.
The Department may deduct from payment estimates any sums that the Contractor owes to the Department on
any account. Where more than one project or job (separate job number) is included in the Contract, the
Department will distribute the reduced retainage as provided in the first paragraph of this Subarticle to each
separate project or job in the ratio that the Contract value of the work for the particular job bears to the total
Contract amount.
9-5.5 Partial Payments for Delivery of Certain Materials:
9-5.5.1 General: The Department will allow partial payments for new materials that will be permanently
incorporated into the project and are stockpiled in approved locations in the project vicinity. Stockpile materials
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so that they will not be damaged by the elements and in a manner that identifies the project on which they are
to be used.
The following conditions apply to all payments for stockpiled materials:
1. There must be reasonable assurance that the stockpiled material will be incorporated into the specific
project on which partial payment is made.
2. The stockpiled material must be approved as meeting applicable specifications.
3. The total quantity for which partial payment is made shall not exceed the estimated total quantity
required to complete the project.
4. The Contractor shall furnish the Engineer with copies of certified invoices to document the value of the
materials received. The amount of the partial payment will be determined from invoices for the material
up to the unit price in the Contract.
5. Delivery charges for materials delivered to the jobsite will be included in partial payments if properly
documented.
6. Partial payments will not be made for materials which were stockpiled prior to award of the Contract
for a project.
9-5.5.2 Partial Payment Amounts: The following partial payment restrictions apply:
1. Partial payments less than $5,000 for any one month will not be processed.
2. Partial payments for structural steel and precast pre -stressed items will not exceed 85% of the bid
price for the item. Partial payments for all other items will not exceed 75% of the bid price of the item in
which the material is to be used.
3. Partial payment will not be made for aggregate and base course material received after paving or base
construction operations begin except when a construction sequence designated by the Department
requires suspension of paving and base construction after the initial paving operations, partial payments
will be reinstated until the paving and base construction resumes.
9-5.5.3 Off Site Storage: If the conditions of 9-5.5.1 are satisfied, partial payments will be allowed for
materials stockpiled in approved in-state locations. Additionally, partial payments for materials stockpiled in
approved out-of-state locations will be allowed if the conditions of 9-5.5.1 and the following conditions are met:
1. Furnish the Department a Materials Bond stating the supplier guarantees to furnish the material
described in the Contract to the Contractor and Department. Under this bond, the Obligor shall be the
material supplier and the Obligees shall be the Contractor and the Florida Department of Transportation.
The bond shall be in the full dollar amount of the bid price for the materials described in the contract.
2. The following clauses must be added to the construction Contract between the Contractor and the
supplier of the stockpiled materials:
"Notwithstanding anything to the contrary, <supplier> will be liable to the Contractor and the Florida Department
of Transportation should <supplier> default in the performance of this agreement."
"Notwithstanding anything to the contrary, this agreement, and the performance bond issued pursuant to this
agreement, does not alter, modify, or otherwise change the Contractor's obligation to furnish the materials
described in this agreement to the Florida Department of Transportation."
3. The agreement between the Contractor and the supplier of the stockpiled materials must
Include provisions that the supplier will store the materials and that such materials are the property of the
Contractor.
9-5.6 Certification of Payment to Subcontractors: The term "subcontractor," as used herein, includes
persons or firms furnishing materials or equipment incorporated into the work or stockpiled for which the
Department has made partial payment and firms working under equipment -rental agreements. The Contractor
is required to pay all subcontractors for satisfactory performance of their Contracts before the Department will
make a further progress (partial) payment. The Contractor shall also return all retainage withheld to the
subcontractors within 30 days after the subcontractor's work is satisfactorily complete, as determined by the
Department. Prior to receipt of any progress (partial) payment, the prime contractor shall certify that all
subcontractors having an interest in the Contract were paid for satisfactory performance of their Contracts and
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that the retainage is returned to subcontractors within 30 days after satisfactory completion of the subcontractor's
work. Provide this certification in the form designated by the Department.
Within 30 days of the Contractor's receipt of the final progress payment or any other payments thereafter, except
the final payment, the Contractor shall pay all subcontractors and suppliers having an interest in the Contract for
all work completed and materials furnished. The Department will honor an exception to the above when the
Contractor demonstrates good cause for not making any required payment and furnishes written notification of
any such good cause to both the Department and the affected subcontractors or suppliers within said 30 -day
period.
The Contractor shall indemnify and provide defense for the Department when called upon to do so for all claims
or suits against the Department, by third parties, pertaining to Contractor payment or performance issues arising
out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification
shall be the approved Contract amount, which shall be the original Contract amount as may be increased by
subsequent Supplemental Agreements.
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SUPERPAVE ASPHALT FOR LAP (OFF -SYSTEM).
(REV 1-26-15) (FA 1-29-15)
SECTION 334
Superpave ASPHALT FOR LAP (OFF -SYSTEM)
334-1 Description.
334-1.1 General: Construct a Superpave asphalt pavement (consisting of either Hot Mix Asphalt (HMA)
or Warm Mix Asphalt (WMA)) based on the type of work specified in the Contract and the Asphalt Work
Categories as defined below. Meet the applicable requirements for plants, equipment, and construction
requirements as defined below. Use an asphalt mix, either HMA or WMA, which meets the requirements of this
specification.
334-1.2 Asphalt Work Mix Categories: Construction of asphalt pavement will fall into one of the
following work categories:
334-1.2.1 Asphalt Work Category 1: Includes the construction of shared use paths and miscellaneous
asphalt.
334-1.2.2 Asphalt Work Category 2: Includes the construction of new asphalt turn lanes, paved
shoulders and other non -mainline pavement locations.
334-1.2.3 Asphalt Work Category 3: Includes the construction of new mainline asphalt pavement lanes,
milling and resurfacing.
334-1.3 Mix Types: Use the appropriate asphalt mix as shown in Table 334-1.
Table 334-1
Asphalt Mix Types
Asphalt Work
Categoa
Mix Types
Traffic Level
ESALs millions
1
TVpe SP -9.5
A
<0.3
2
Structural Mixes: Types SP -9.5 or SP -12.5
B
0.3 to <3
Friction Mixes: Types FC -9.5 or FC -12.5
3
Structural Mixes: Types SP -9.5 or SP -12.5
C
>3
-
Friction Mixes: Types FC -9.5 or FC -12.5
A Type SP or FC mix one traffic level higher than the traffic level specified in the Contract may be substituted, at
no additional cost (i.e. Traffic Level B may be substituted for Traffic Level A, etc.). Traffic levels are as defined
in Section 334 of the Florida Department of Transportation's (FDOT's) Specifications.
334-1.4 Gradation Classification: The Superpave mixes are classified as fine and are defined in 334-
3.2.2. The equivalent AASHTO nominal maximum aggregate size Superpave mixes are as follows:
Type SP -9.5, FC -9.5 9.5 mm
Type SP -12.5, FC -12.5 12.5 mm
334-1.5 Thickness: The total pavement thickness of the asphalt pavement will be based on a specified
spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or
thickness for each individual layer meeting the requirements of this specification, which when combined with
other layers (as applicable) will equal the plan spread rate or thickness. When the total pavement thickness is
specified as plan thickness, the plan thickness and individual layer thickness will be converted to spread rate
using the following equation:
Spread rate (lbs/yd') = t x G x 43.3 where:
t = Thickness (in.) (Plan thickness or individual layer thickness)
GMM = Maximum specific gravity from the mix design
For target purposes only, spread rate calculations shall be rounded to the nearest whole number.
334-1.5.1 Layer Thicknesses: Unless otherwise called for in the Contract Documents, the allowable
layer thicknesses for asphalt mixtures are as follows:
Type SP -9.5, FC -9.5 3/4 to 1-1/2 inches
Type SP -12.5, FC -12.5 1-1/2 to 2-1/2 inches
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334-1.5.2 Additional Requirements: The following requirements also apply to asphalt mixtures:
1. When construction includes the paving of adjacent shoulders (less than or equal to 5 feet wide), the
layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single pass, unless
otherwise called for in the Contract Documents.
2. For overbuild layers, use the minimum and maximum layer thicknesses as specified above unless
called for differently in the Contract Documents. On variable thickness overbuild layers, the minimum allowable
thickness may be reduced by 1/2 inch, and the maximum allowable thickness will be as specified below, unless
called for differently in the Contract Documents.
Type SP -9.5 ..........................................3/8 to 2 inches
Type SP -12.5 .........................................1/2 to 3 inches
3. Variable thickness overbuild layers may be tapered to zero thickness provided the contract documents
require a minimum of 1-1/2 inches of mix placed over the variable thickness overbuild layer.
334-1.6 Weight of Mixture: The weight of the mixture shall be determined as provided in 320-3.2 of the
FDOT Specifications.
334-2 Materials.
334-2.1 5uperpave Asphalt Binder: Unless specified elsewhere in the Contract or in 334-2.3.3, use a
PG 67-22 asphalt binder from the FDOT's Approved Products List (APL). If the Contract calls for an alternative
asphalt binder, meet the requirements of FDOT Specifications Section 336 or 916, as appropriate.
334-2.2 Aggregate: Use aggregate capable of producing a quality pavement.
For Type FC mixes, use an aggregate blend that consists of crushed granite, crushed Oolitic limestone,
other crushed materials (as approved by FDOT for friction courses per Rule 14-103.005, Florida Administrative
Code), or a combination of the above. Crushed limestone from the Oolitic formation may be used if it contains a
minimum of 12% silica material as determined by FDOT Test Method FM 5-510 and FDOT grants approval of
the source prior to its use. As an exception, mixes that contain a minimum of 60% crushed granite may either
contain:
1. Up to 40% fine aggregate from other sources; or,
2. A combination of up to 20% RAP and the remaining fine aggregate from other sources.
A list of aggregates approved for use in friction courses may be available on the FDOT's State Materials
Office website. The URL for obtaining this information, if available,. is:
ftp://ftp.dot.state.fl. us/fdot/smo/website/sources/frictioncourse. pdf.
334-2.3 Reclaimed Asphalt Pavement (RAP) Material:
334-2.3.1 General requirements: RAP may be used as a component of the asphalt mixture, provided
the RAP meets the following requirements:
1.When using a PG 76-22 (PMA), or PG 76-22 (ARB) asphalt binder, limit the amount of RAP material
used in the mix to a maximum of 20% by weight of total aggregate. As an exception, amounts greater
than 20% RAP by weight of total aggregate can be used if no more than 20% by weight of total asphalt
binder comes from the RAP material.
2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no
aggregate particles which are soft or conglomerates of fines.
3. Provide RAP material having a minimum average asphalt binder content of 4.0% by weight of RAP.
As an exception, when using fractionated RAP, the minimum average asphalt binder content for the
coarse portion of the RAP shall be 2.5% by weight of the coarse portion of the RAP. The coarse portion
of the RAP shall be the portion of the RAP retained on the No. 4 sieve. The Engineer may sample the
stockpile to verify that this requirement is met.
4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other suitable means to
prevent oversized RAP material from showing up in the completed recycle mixture. If oversized RAP
material appears in the completed recycle mix, take the appropriate corrective action immediately. If the
appropriate corrective actions are not immediately taken, stop plant operations.
334-2.3.2 Material Characterization: Assume responsibility for establishing the asphalt binder content,
gradation, and bulk specific gravity (Gsb) of the RAP material based on a representative sampling of the material.
334-2.3.3 Asphalt Binder for Mixes with RAP: Select the appropriate asphalt binder grade based on
Table 334-2. The Engineer reserves the right to change the asphalt binder type and grade during production
based on characteristics of the RAP asphalt binder.
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able 334-2
Asphalt Binder Grade for Mixes Containing RAP
Percent RAP
Asphalt Binder Grade
0-15
PG 67-22
16-30
PG 58-22
> 30
PG 52-28
334-3 Composition of Mixture.
334-3.1 General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if
required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and
physical properties of the mix design. Aggregates from various sources may be combined.
334-3.2 Mix Design:
334-3.2.1 General: Design the asphalt mixture in accordance with AASHTO R 35-12, except as noted
herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design
criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer's conditional approval
of the mix design. If required by the Engineer, send representative samples of all component materials, including
asphalt binder to a laboratory designated by the Engineer for verification. As an exception to these requirements,
use a currently approved FDOT Mix Design.
Warm mix technologies (additives, foaming techniques, etc.) listed on the Department's website may be used in
the production of the mix. The URL for obtaining this information, is:
http://www.dot. state.fl. us/statematerialsoffice/quality/prog rams/warmmixasphaIt/index.shtm
The Engineer will consider any marked variations from original test data for a mix design or any evidence of
inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have
changed, and at his discretion, the Engineer may no longer allow the use of the mix design.
334-3.2.2 Mixture Gradation Requirements: Combine the aggregates in proportions that will produce
an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation
requirements at design as defined in AASHTO M 323-12, Table 3. Aggregates from various sources may be
combined.
334-3.2.2.1 Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45
Power Gradation Chart. Include the Control Points from AASHTO M323-12, Table -3, as well as the Primary
Control Sieve (PCS) Control Point from AASHTO M323-12, Table 4. Fine mixos are defined as having a
gradation that passes above or through the primary control sieve control point.
334-3.2.3 Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312-12,
with the following exceptions: use the number of gyrations at Ndesign as designed in Table 334-3.
Table 334-3
Gyratory Compaction Requirements
Traffic Level
Ndesi n Number of Gyrations
A
50
B
65
C
75
334-3.2.4 Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in
AASHTO M323-12, as well as for relative density, VMA, VFA, and dust -to -binder ratio as specified in
AASHTO M323-12, Table 6. N;nitiai and Nmaximum requirements are not applicable.
334-3.2.5 Moisture Susceptibility: Test 4 inch specimens in accordance with FDOT Test Method
FM 1-T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile
strength (unconditioned) of 100 pounds per square inch. If necessary, add a liquid anti -stripping agent from the
FDOT's APL or hydrated lime in order to meet these criteria.
In lieu of moisture susceptibility testing, add a liquid anti -stripping agent from the FDOT's APL. Add 0.5% liquid
anti -stripping agent by weight of asphalt binder.
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334-3.2.6 Additional Information: In addition to the requirements listed above, provide the following
information on each mix design:
1. The design traffic level and the design number of gyrations (Ndeslgn).
2. The source and description of the materials to be used.
3. The FDOT source number and the FDOT product code of the aggregate components furnished from
an FDOT approved source (if required).
4. The gradation and proportions of the raw materials as intended to be combined in the paving mixture.
The gradation of the component materials shall be representative of the material at the time of use.
Compensate for any change in aggregate gradation caused by handling and processing as necessary.
5. A single percentage of the combined mineral aggregate passing each specified sieve. Degradation of
the aggregate due to processing (particularly material passing the No. 200 sieve) should be accounted
for and identified.
6. The bulk specific gravity (Gsb) value for each individual aggregate and RAP component.
7. A single percentage of asphalt binder by weight of total mix intended to be incorporated in the
completed mixture, shown to the nearest 0.1 %.
8. A target temperature for the mixture at the plant (mixing temperature) and a target temperature for the
mixture at the roadway (compaction temperature). Do not exceed a target temperature of 330°F for PG
76-22 (PMA) and PG 76-22 (ARB) asphalt binders, and 315°F for unmodified asphalt binders.
9. Provide the physical properties achieved at four different asphalt binder contents. One shall be at the
optimum asphalt content, and must conform to all specified physical requirements.
10. The name of the mix designer.
11. The ignition oven calibration factor.
12. The warm mix technology, if used.
334-4 Process Control.
Assume full responsibility for controlling all operations and processes such that the requirements of these
Specifications are met at all times. Perform any tests necessary at the plant and roadway to control the process.
334-5 General Construction Requirements.
334-5.1 Weather Limitations: Do not transport asphalt mix from the plant to the roadway unless all
weather conditions are suitable for the paving operations.
334-5.2 Limitations of Paving Operations:
334-5.2.1 General: Spread the mixture only when the surface upon which it is to be placed has been
previously prepared, is intact, firm, dry, clean, and the tack, with acceptable spread rate, is properly broken.
Ensure all granular base materials are properly primed and all asphalt base materials are properly tacked, prior
to paving.
334-5.2.2 Air Temperature: Place the mixture only when the air temperature in the shade and away
from the artificial heat meets the requirements of Table 334-4. The minimum ambient temperature requirement
may be reduced by 5°F when using a warm mix technology, if mutually agreed to by both the Engineer and the
Contractor.
Table 334-4
Ambient Air Temperature Requirements for Paving
Layer Thickness or Asphalt Binder Type
Minimum Temperature °F
<_1 inch
50
Any mixture > 1 inch containing a PG asphalt binder with a high temperature
45
designation >_ 76°C
Any mixture > 1 inch containing a PG asphalt binder with a high temperature40
designation < 76°C
334-5.3 Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce
a mixture with a temperature at the plant and at the roadway, within a range of plus or minus 30°F from the target
temperature as shown on the mix design. Reject all loads outside of this range. For warm mix asphalt, the
Contractor may produce the first five loads of the production day and at other times when approved by the
Engineer, at a hot mix asphalt temperature not to exceed 330°F for purposes of heating the asphalt paver. For
these situations, the upper tolerance of +30°F does not apply.
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334-5.4 Transportation of the Mixture: Transport the mix in trucks of tight construction, which prevents
the loss of material and the excessive loss of heat and previously cleaned of all foreign material. After cleaning,
thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to
prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use
a release agent that will contaminate, degrade, or alter the characteristics of the asphalt mix or is hazardous or
detrimental to the environment. Petroleum derivatives (such as diesel fuel), solvents, and any product that
dissolves asphalt are prohibited. Provide each truck with a tarpaulin or other waterproof cover mounted in such
a manner that it can cover the entire load when required. When in place, overlap the waterproof cover on all
sides so it can be tied down. Cover each load during cool and cloudy weather and at any time it appears rain is
likely during transit with a tarpaulin or waterproof cover. Cover and tie down all loads of friction course mixtures.
334-5.5 Preparation of Surfaces Prior to Paving:
334-5.5.1 Cleaning: Clean the surface of all loose and deleterious material by the use of power brooms
or blowers, supplemented by hand brooming where necessary.
334-5.5.2 Patching and Leveling Courses: As shown in the plans, bring the existing surface to proper
grade and cross-section by the application of patching or leveling courses.
334-5.5.3 Application over Surface Treatment: Where an asphalt mix is to be placed over a surface
treatment, sweep and dispose of all loose material from the paving area.
334-5.5.4 Tack Coat: Use a rate of application as defined in Table 334-5. Control the rate of application
to be within plus or minus 0.01 gallon per square yard of the target application rate. The target application rate
may be adjusted by the Engineer to meet specific field conditions. Determine the rate of application as needed
to control the operation. When using PG 52-28, multiply the target rate of application by 0.6.
Table 334-5
Tack Coat Application Rates
Asphalt Mixture Type
Underlying Pavement Surface
Target2)Tack Rate
(gal/yd
Newly Constructed Asphalt Layers
0.03 minimum
Surface or Oxidized and Cracked
Base Course, Structural Course, DenseMilled
Graded Friction Course
Pavement
0.06
Concrete Pavement 10.08
334-5.6 Placing Mixture:
334-5.6.1 Alignment of Edges: With the exception of pavements placed adjacent to curb and gutter or
other true edges, place all pavements by the stringline method to obtain an accurate, uniform alignment of the
pavement edge. Control the unsupported pavement edge to ensure that it will not deviate more than plus or
minus 1.5 inches from the stringline.
334-5.6.2 Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the
plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water
on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface
to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements
as specified in 334-5.3, the Contractor may then place the mixture caught in transit.
334-5.6.3 Checking Depth of Layer: Check the depth of each layer at frequent intervals to ensure a
uniform spread rate that will meet the requirements of the Contract.
334-5.6.4 Hand Work: In limited areas where the use of the spreader is impossible or impracticable,
spread and finish the mixture by hand.
334-5.6.5 Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and
immediately spread and strike -off the mixture to the full width required, and to such loose depth for each course
that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is
secured. Carry a uniform amount of mixture ahead of the screed at all times.
334-5.6.6 Thickness Control: Ensure the spread rate is within 10% of the target spread rate, as
indicated in the Contract. When calculating the spread rate, use, at a minimum, an average of five truckloads of
mix. When the average spread rate is beyond plus or minus 10% of the target spread rate, monitor the thickness
of the pavement layer closely and adjust the construction operations.
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If the Contractor fails to maintain an average spread rate within plus or minus 10% of the target spread
rate for two consecutive days, the Engineer may elect to stop the construction operation at any time until the
issue is resolved.
When the average spread rate for the total structural or friction course pavement thickness exceeds the
target spread rate by plus or minus50 pounds per square yard for layers greater than or equal to 2.5 inches or
exceeds the target spread rate by plus or minus 25 pounds per square yard for layers less than 2.5 inches,
address the unacceptable pavement in accordance with 334-5.10.4, unless an alternative approach is agreed
upon by the Engineer.
334-5.7 Leveling Courses:
334-5.7.1 Patching Depressions: Before spreading any leveling course, fill all depressions in the existing
surface as shown in the plans.
334-5.7.2 Spreading Leveling Courses: Place all courses of leveling with an asphalt paver or by the use of two
motor graders, one being equipped with a spreader box. Other types of leveling devices may be used upon
approval by the Engineer.
334-5.7.3 Rate of Application: When using Type SP-9.5for leveling, do not allow the average spread of a layer
to be less than 50 pounds per square yard or more than 75 pounds per square yard. The quantity of mix for
leveling shown in the plans represents the average for the entire project; however, the Contractor may vary the
rate of application throughout the project as directed by the Engineer. When leveling in connection with base
widening,. the Engineer may require placing all the leveling mix prior to the widening operation.
334-5.8 Compaction: For each paving or leveling train in operation, furnish a separate set of rollers, with their
operators.
When density testing for acceptance is required, select equipment, sequence, and coverage of rolling to
meet the specified density requirement. Regardless of the rolling procedure used, complete the final rolling
before the surface temperature of the pavement drops to the extent that effective compaction may not be
achieved or the rollers begin to damage the pavement.
When density testing for acceptance is not required, use a rolling pattern approved by the Engineer.
Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such
as areas adjacent to curbs, headers, gutters, bridges, manholes, etc.
334-5.9 Joints.
334-5.9.1 Transverse Joints: Construct smooth transverse joints, which are within 3/16 inch of a true
longitudinal profile when measured with a 15 foot manual straightedge meeting the requirements of FDOT Test
Method FM 5-509. These requirements are waived for transverse joints at the beginning and end of the project
and at the beginning and end of bridge structures, if the deficiencies are caused by factors beyond the control
of the Contractor such as no milling requirement, as determined by the Engineer. When smoothness
requirements are waived, construct a reasonably smooth transitional joint.
334-5.9.2 Longitudinal Joints: For all layers of pavement except the leveling course, place each layer
so that longitudinal construction joints are offset 6 to 12 inches laterally between successive layers. Do not
construct longitudinal joints in the wheel paths. The Engineer may waive these requirements where offsetting is
not feasible due to the sequence of construction.
334-5.10 Surface Requirements: Construct a smooth pavement with good surface texture and the
proper cross slope.
334-5.10.1 Texture of the Finished Surface of Paving Layers: Produce a finished surface of uniform texture
and compaction with no pulled, torn, raveled, crushed or loosened portions and free of segregation, bleeding,
flushing, sand streaks, sand spots, or ripples. Correct any area of the surface that does not meet the foregoing
requirements in accordance with 334-5.10.4.
In areas not defined to be a density testing exception per 334-6.4.1, obtain for the Engineer, three 6 -inch diameter
roadway cores at locations visually identified by the Engineer to be segregated. The Engineer will determine the
density of each core in accordance with FDOT Test Method FM 1-T 166 and calculate the percent Gmm of the
segregated area using the average Gmb of the roadway cores and the representative PC Gmm for the
questionable material. If the average percent Gmm is less than 90.0, address the segregated area in accordance
with 334-5.10.4.
334-5.10.2 Cross Slope: Construct a pavement surface with cross slopes in compliance with the
requirements of the Contract Documents.
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334-5.10.3 Pavement Smoothness: Construct a smooth pavement meeting the requirements of this
Specification. Furnish a 15 foot manual and a 15 foot rolling straightedge meeting the requirements of FDOT
Test Method FM 5-509.
334-5.10.3.1 Straightedge Testing:
334-5.10.3.1.1 Acceptance Testing: Perform straightedge testing in the outside wheel path of each lane
for the final (top) layer of the pavement. Test all pavement lanes where the width is constant using a rolling
straightedge and document all deficiencies on a form approved by the Engineer. Notify the Engineer of the
location and time of all straightedge testing a minimum of 48 hours before beginning testing.
334-5.10.3.1.2 Final (Top) Pavement Layer: At the completion of all paving operations, straightedge
the final (top) layer either behind the final roller of the paving train or as a separate operation. Address all
deficiencies in excess of 3/16 inch in accordance with 334-5.10.4, unless waived by the Engineer. Retest all
corrected areas.
334-5.10.3.1.3 Straightedge Exceptions: Straightedge testing will not be required in the following areas:
shoulders, intersections, tapers, crossovers, sidewalks, shared use paths, parking lots and similar areas, or in
the following areas when they are less than 250 feet in length: turn lanes, acceleration/deceleration lanes and
side streets. The limits of the intersection will be from stop bar to stop bar for both the mainline and side streets.
In the event the Engineer identifies a surface irregularity in the above areas that is determined to be
objectionable, straightedge and address all deficiencies in excess of 3/8 inch in accordance with 334-5.10.4.
334-5.10.4 Correcting Unacceptable Pavement: Correct deficiencies in the pavement layer by
removing and replacing the full depth of the layer, extending a minimum of 50 feet on both sides (where possible)
of the defective area for the full width of the paving lane, at no additional cost.
334-6 Acceptance of the Mixture.
334-6.1 General: The asphalt mixture will be accepted based on the Asphalt Work Category as defined
below:
1. Asphalt Work Category 1 — Certification by the Contractor as defined in 334-6.2.
2. Asphalt Work Category 2 — Certification and process control testing by the Contractor as defined in
334-6.3.
3. Asphalt Work Category 3 — Process control testing by the Contractor and acceptance testing by the
Engineer as defined in 334-6.4.
334-6.2 Certification by the Contractor: On Asphalt Work Category 1 construction, the Engineer will
accept the mix on the basis of visual inspection. Submit a Notarized Certification of Specification Compliance
letter on company letterhead to the Engineer stating that all material produced and placed on the project meets
the requirements of the Specifications. The Engineer may run independent tests to determine the acceptability
of the material.
334-6.3 Certification and Process Control Testing by the Contractor: On Asphalt Work Category 2
construction, submit a Notarized Certification of Specification Compliance letter on company letterhead to the
Engineer stating that all material produced and placed on the project meets the requirements of the
Specifications, along with supporting test data documenting all process control testing as described in 334-6.3.1.
If required by the Contract, utilize an Independent Laboratory as approved by the Engineer for the process control
testing. The mix will also require visual acceptance by the Engineer. In addition, the Engineer may run
independent tests to determine the acceptability of the material. Material failing to meet these acceptance criteria
will be addressed as directed by the Engineer such as but not limited to acceptance at reduced pay, delineation
testing to determine the limits of the questionable material, removal and replacement at no cost to the agency,
or performing an Engineering analysis to determine the final disposition of the material.
334-6.3.1 Process Control Sampling and Testing Requirements: Perform process control testing at
a frequency of once per day. Obtain the samples in accordance with FDOT Method FM 1-T 168. Test the mixture
at the plant for gradation (P_$ and P_200) and asphalt binder content (Pb). Measure the roadway density with 6
inch diameter roadway cores at a minimum frequency of once per 1,500 feet of pavement with a minimum of
three cores per day.
Determine the asphalt binder content of the mixture in accordance with FDOT Method FM 5-563. Determine the
gradation of the recovered aggregate in accordance with FDOT Method FM 1-T 030. Determine the roadway
density in accordance with FDOT Method FM 1-T 166. The minimum roadway density will be based on the
percent of the maximum specific gravity (Gmm) from the approved mix design. If the Contractor or Engineer
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suspects that the mix design Gmm is no longer representative of the asphalt mixture being produced, then a
new Gmm value will be determined from plant -produced mix, in accordance with FDOT Method FM 1-T 209,
with the approval of the Engineer. Roadway density testing will not be required in certain situations as described
in 334-6.4.1. Assure that the asphalt binder content, gradation and density test results meet the criteria in
Table 334-4.
Table 334-4
Process Control and Acceptance Values
Characteristic
Tolerance
Asphalt Binder Content percent
Target ± 0.55
Passing No. 8 Sieve(percent)
Target ± 6.00
Passing No. 200 Sieve (percent)
Target ± 2.00
Roadway Density (daily averse
Minimum 90.0% of Gmm
334-6.4 Process Control Testing by the Contractor and Acceptance Testing by the Engineer: On
Asphalt Work Category 3, perform process control testing as described in 334-6.3.1. In addition, the Engineer
will accept the mixture at the plant with respect to gradation (P_8 and P_200) and asphalt binder content (Pb). The
mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material
as described in 334-6.3.1. The Engineer will randomly obtain at least one set of samples per day. Assure that
the asphalt content, gradation and density test results meet the criteria in Table 334-4. Material failing to meet
these acceptance criteria will be addressed as directed by the Engineer such as but not limited to acceptance at
reduced pay, delineation testing to determine the limits of the questionable material, removal and replacement
at no cost to the agency, or performing an Engineering analysis to determine the final disposition of the material.
334-6.4.1 Acceptance Testing Exceptions: When the total quantity of any mix type in the project is less
than 500 tons, the Engineer will accept the mix on the basis of visual inspection. The Engineer may run
independent tests to determine the acceptability of the material.
Density testing for acceptance will not be performed on widening strips or shoulders with a width of 5 feet or
less, variable thickness overbuild courses, leveling courses, any asphalt layer placed on subgrade (regardless
of type), miscellaneous asphalt pavement, shared use paths, crossovers, or any course with a specified
thickness less than 1 inch or a specified spread rate less than 100 pounds per square yard. Density testing for
acceptance will not be performed on asphalt courses placed on bridge decks or approach slabs; compact these
courses in static mode only. In addition, density testing for acceptance will not be performed on the following
areas when they are less than 1,000 feet continuous in length: turning lanes, acceleration lanes, deceleration
lanes, shoulders, parallel parking lanes, or ramps. Density testing for acceptance will not be performed in
intersections. The limits of the intersection will be from stop bar to stop bar for both the mainline and side streets.
Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event
that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped.
334-7 Method of Measurement.
For the work specified under this Section, the quantity to be paid for will be the weight of the mixture, in
tons.
The bid price for the asphalt mix will include the cost of the liquid asphalt and the tack coat application
as specified in 334-5.5.4. There will be no separate payment or unit price adjustment for the asphalt binder
material in the asphalt mix.
334-8 Basis of Payment.
334-8.1 General: Price and payment will be full compensation for all the work specified under this Section.
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CONCRETE FOR LAP (OFF -SYSTEM).
(REV 12-20-11) (FA 2-27-12)
SECTION 344
CONCRETE FOR LAP (OFF -SYSTEM)
344-1 Description.
344-1 General: Construct concrete based on the type of work as described in the Contract and the
concrete work categories as defined below.
344-1.2 Work Categories: Construction will fall into one of the following concrete work categories:
344-1.2.1 Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and
slope pavement, or other non -reinforced cast -in- place elements.
344-1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete
barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm
sewers, box culverts, pre -stressed concrete poles, concrete bases for light poles, highway sign foundations,
retaining wall systems, traffic separators or other structural precast elements.
344-1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or
construction of structural cast -in-place concrete meeting the requirements of this section.
344-2 Materials.
344-2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water, with
or without chemical or mineral admixtures that meet the following requirements:
344-2.1.1 Portland Cement: Portland cements meeting the requirements of AASHTO M-85 or ASTM C-
150 is required. Different brands of cement, cement of the same brand from different facilities or different types
of cement shall be stored separately and shall not be mixed.
344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet ASTM C 33. Source approval by the
FDOT is not required.
344-2.1.3 Water: Water shall meet the requirements of ASTM C 1602.
344-2.1.4 Chemical Admixtures: Chemical admixtures shall be listed on the FDOT Qualified Products
List. Admixtures may be added at the dosage rates recommended by the manufacturer.
344-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the requirements of Table 344-1. Fly ash
shall not include the residue resulting from the burning of municipal garbage or any other refuse with coal, or the
burning of industrial or municipal garbage in incinerators.
Table 344-1
Type or Class
Test Method
Exceptions
Class C Fly Ash
ASTM C 618
Not to be used with Types IP or IS cements.
Class F Fly Ash
ASTM C 618
Not to be used with Types IP or IS cements.
Petroleum Coke Class F
ASTM C 618
Not to be used with Types IP or IS cements.
Bark Ash Class F
ASTM C 618
Not to be used with Types IP or IS cements.
Silica Fume
ASTM C 1240
Metakaolin
ASTM C 618
Slag
ASTM C 989
Use only ground granulated blast -furnace slag grade 100 or 120.
Ultra Fine Fly Ash
ASTMC618
Not to be used with Types IP or IS cements.
344-3 Production, Mixing and Delivery of Concrete.
344-3.1 Concrete Production Requirements:
344-3.1.1 Category 1: Use a concrete production facility that is certified by the National Ready Mixed
Concrete Association (NRMCA) or listed on the FDOT list of non-structural concrete producers. Concrete
production facilities listed on the FDOT Producers with Accepted QC Programs list for structural concrete may
also be used for Category 1.
344-3.1.2 Category 2: Use a pre -stressed and or precast facility listed on the FDOT Producers with
Accepted QC Programs for precast or pre -stressed concrete.
344-3.1.3 Category 3: Use a structural concrete facility listed on the FDOT Producers with Accepted QC
Programs for structural concrete.
344-3.2 Classes of Concrete: Meet the requirements of Table 344-2.
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Improvements — Project No.: B-183614
Table 344-2
Class
Minimum
Strength
day) (psi)
(2
Target
Slump
(inches)
Target
Range
(inches)
it Conten
Range
Minimum TotalMaximum
CementitiousCementitious
Materials Content
Water to
Material Ratio (Ib/Ib
)(lb/yd3
Category 1
Class NS
2,500
N/A
N/A
N/A
N/A
N/A
Category 3
1
3,000
3
± 1.5
1.0 to 6.0
470
0.53
I Pavement
3,000
2
± 1.5
1.0 to 6.0
470
0.50
II
3,400
3
± 1.5
1.0 to 6.0
470
0.53
II (Bridge Deck
4,500
3
± 1.5
1.0 to 6.0
611
0.44
III
5,000
3
± 1.5
1.0 to 6.0
611
0.44
III Seal
3,000
8
± 1.5
1.0 to 6.0
611
0.53
IV i5,500
3
± 1.5
1.0 to 6.0
658
0.41
IV (Drilled Shaft)4,000
8.5
± 1.5
0.0 to 6.0
658
0.41
V (Special)
6,000
3
± 1.5
1.0 to 6.0
752
0.37
V
6,500
3
± 1.5
1.0 to 6.0
752
0.37
I
8,500
3
± 1.5
1.0 to 6.0
752
0.37
344-3.3 Contractors Quality Control: For Categories 1 and 2, assume full responsibility for controlling
all operations and processes such that the requirements of these Specifications are met at all times.
For Category 3, furnish a Quality Control (QC) plan to identify to the Engineer how quality will be
ensured at the project site. During random inspections, the Engineer will use this document to verify that the
construction of the project is in agreement with the QC plan.
344-3.4 Concrete Mix Design: Before producing any Category 1 or Category 2, submit the proposed
mix designs to the Engineer on a form provided by the Engineer. For Category 3, submit to the Engineer for
approval, FDOT approved mix designs. Do not use concrete mix designs without prior approval of the Engineer.
Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met.
Show all required original approved design mix data and batch adjustments on an Engineer approved concrete
delivery ticket.
344-3.5 Delivery: For Category 3, the maximum allowable transit time of concrete is 90 minutes.
Furnish a delivery ticket on a form approved by the Engineer with each batch of concrete before unloading
at the placement site. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the
Batcher responsible for producing the concrete signs the delivery ticket certifying that the batch was produced
and delivered in accordance with these requirements. Sign the delivery ticket certifying that the concrete was
placed in accordance with these requirements.
344-3.6 Placing Concrete:
344-3.6.1 Concreting in Cold Weather: Do not mix or place concrete when the air temperature at
placement is below 45°F.
During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or
more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the air temperature
within the enclosure can be kept above 50°F for a period of 3 days after placing the concrete or until the concrete
reaches a minimum compressive strength of 1,500 psi.
Assume all risks connected with the placing and curing of concrete. Although the Engineer may give
permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is
determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency.
344-3.6.2 Concreting in Hot Weather: For Category 3, hot weather concreting is defined as the
production, placing and curing of concrete when the concrete temperature at placing exceeds 86°F but is less
than 100°F.
Unless the specified hot weather concreting measures are in effect, reject concrete exceeding 86°F at
the time of placement. Regardless of special measures taken, reject concrete exceeding 100°F. Predict the
concrete temperatures at placement time and implement hot weather measures to avoid production shutdown.
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Improvements - Project No.: B-183614
344-3.7 Mixers: For Category 3 concrete, do not place concrete from a truck mixer that does not have
a current FDOT mixer identification card.
344-3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities of concrete, less
than 3 cubic yards placed in one day and less than 0.5 cubic yards placed in a single placement may be accepted
using a pre -bagged mixture. The Engineer may verify that the pre -bagged mixture is prepared in accordance
with the manufacturer's recommendations and will meet the requirements of this Specification.
344-3.9 Sampling and Testing:
344-3.9.1 Category 1: The Engineer may sample and test the concrete to verify its quality. The minimum
28 day compressive strength requirement for this concrete is 2,500 psi.
344-3.9.2: Category 2: No sampling and testing is required for category 2.
344-3.9.3 Category 3: The Engineer will randomly select a sample from each 200 cubic yards or one
day's production to determine plastic properties and to make three 4 x 8 inch cylinders for testing by the Engineer
at 28 days to ensure that the design compressive strength has been met for the class of concrete as specified
in Table 344-2.
344-3.10 Records: Ensure the following records are available for review for at least 3 years after final
acceptance of the project:
1. Approved concrete mix designs.
2. Materials source (delivery tickets, certifications, certified mill test reports).
3. A copy of the scale company or testing agency report showing the observed deviations from quantities
checked during calibration of the scales and meters.
4. A copy of the documentation certifying the admixture weighing/measuring devices.
344-4 Acceptance of the Work.
344-4.1 Category 1 Work: Category 1 work will be accepted based on certification by the batcher and
contractor on the delivery ticket.
344-4.2 Category 2 Work: Certify that the precast elements were produced by a production facility on
the FDOT's list of Producers with Accepted QC Programs for precast or pre -stressed concrete. In addition, the
producer's logo shall be stamped on the element. The producer shall not use the Florida Department of
Transportation QC stamp on elements used on this project. Provide a statement of certification from the
manufacturer of the precast element that the element meets the requirements of this Specification.
344-4.3 Category 3 Work: Category 3 concrete will be accepted based on the Engineer's test results for
plastic properties and compressive strength requirements for the class of concrete as defined in Table 344-2. In
addition, a Delivery Ticket as described in 344-3.5 will be required for acceptance of the material at the project
site.
344-4.4 Small Quantities of Concrete: Category 3 concrete meeting the definition of 344-3.8 will be
accepted in accordance with 344-4.3 based on test results for plastic properties and compressive strength.
344-5 Method of Measurement.
The quantities to be paid for will be the items shown in the plans, completed and accepted.
344-6 Basis of Payment.
Prices and payments will be full compensation for all work and materials specified in this Section.
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EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF -SYSTEM).
(REV 1-23-12) (FA 2-27-12)
SECTION 120
EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF -SYSTEM)
120-1 Description.
120-1.1 General: Perform earthwork and related operations based on the type of work specified in the
Contract and the Earthwork Categories as defined below. Meet the applicable requirements for materials,
equipment and construction as specified.
Earthwork and related operations consists of excavation for the construction of the roadway, excavation for
structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required
for the roadway, ditches, and channel changes.
120-1.2 Earthwork Categories: Performance of Earthwork Operations will fall into one of the following
Earthwork Categories:
120-1.2.1 Earthwork Category 1: Includes the earthwork and related operations associated with the
construction of sidewalks and bike paths along with any drainage structures associated with these facilities.
120-1.2.2 Earthwork Category 2: Includes the earthwork and related operations associated with the
construction of turn lanes and other non -mainline traffic lanes, widening, roadway shoulders, concrete box
culverts, retaining walls, and other drainage structures on the non -mainline pavement.
120-1.2.3 Earthwork Category 3: Includes the earthwork and related operations associated with the
construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage
structures on the mainline pavement.
120-2 Classes of Excavation.
120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal
of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the
finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template
is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading
template is the finished shoulder and slope lines and bottom of completed base or rigid pavement.
120-2.2 Lateral Ditch Excavation: Lateral ditch excavation consists of all excavation of inlet and outlet
ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right-of-
way. Dress lateral ditches to the grade and cross-section shown in the plans.
120-2.3 Channel Excavation: Channel excavation consists of the excavation and satisfactory disposal
of all materials from the limits of the channel as shown in the plans.
120-2.4 Excavation for Structures and Pipe: Excavation for structures consists of the excavation for
bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls
for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures.
120-3 Excavation Requirements.
120-3.1 Excavation and Replacement of Unsuitable Materials: Where rock, muck, clay, or other
material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross-
sections shown in the plans or indicated by the Engineer, and backfill with suitable material. Shape backfill
materials to the required cross-sections. Where the removal of plastic soils below the finished earthwork grade
is required, meet a construction tolerance of plus or minus 0.2 foot in depth and plus or minus 6 inches (each
side) in,width.
120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes
in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross-section
shown in the plans.
120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of the channel as
shown in the plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers and all other
pipelines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar
structures.
120-3.4 Excavation for Structures and Pipe.
120-3.4.1 Requirements for all Excavation: Excavate foundation pits to permit the placing of
the full widths and lengths of footings shown in the plans, with full horizontal beds. Do not round or undercut
corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer,
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Improvements — Project No.: B-183614
regardless of the elevation shown on the plans. Perform all excavation in stream beds to a depth at least 4 feet
below the permanent bed of the stream, unless a firm footing can be established on solid rock before such depth
is reached, and excavate to such additional depth as may be necessary to eliminate any danger of undermining.
Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared
in horizontal beds for receiving the masonry. Remove all loose and disintegrated rock or thin strata. Have the
Engineer inspect and approve all foundation excavations prior to placing masonry.
120-3.4.2 Earth Excavation:
120-3.4.2.1 Foundation Material other than the Rock: When masonry is to rest on an excavated
surface other than rock, take special care to avoid disturbing the bottom of the excavation, and do not remove
the final foundation material to grade until just before placing the masonry. In case the foundation material is soft
or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material.
120-3.4.2.2 Foundation Piles: Where foundation piles are used, complete the excavation of each
pit before driving the piles. After the driving is completed, remove all loose and displaced material, leaving a
smooth, solid, and level bed to receive the masonry.
120-3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles
encountered in excavating.
120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material, remove all loose
material, and cut all rock to a firm surface. Either level, step Vertically and horizontally, or serrate the rock, as
may be directed by the Engineer. Clean out all seams, and fill them with concrete or mortar.
120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and storm sewers to the
elevation of the bottom of the pipe and to a width sufficient to provide adequate working room. Remove soil not
meeting the classification specified as suitable backfill material in 120-8.3.2.2 to a depth of 4 inches below the
bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of
12 inches below the bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to
establish a firm foundation. Where the soils permit, ensure that the trench sides are vertical up to at least the
mid -point of the pipe.
For pipelines placed above the natural ground line, place and compact the embankment, prior to excavation of
the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters,
and then excavate the trench to the required grade.
120-4 Disposal of Surplus and Unsuitable Material.
120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in
the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of
them outside the right-of-way.
120-4.2 Disposal of Muck on Side Slopes: As an exception to the provisions of
120-4.1, when approved by the Engineer, muck (A-8 material) may be placed on the slopes, or stored alongside
the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the
muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of
by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing
appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the
disposal of muck or other unsuitable material inside the right-of-way limits, do not place such material in a manner
which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits
adjacent to channels within which such materials may be disposed.
120-4.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of paving materials,
such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of
existing pavements, and dispose of them outside the right-of-way. If the materials are to remain the property of
the Agency, place them in neat piles as directed. Existing lime rock base that is removed may be incorporated
in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing lime rock
base into the project as allowed by the Contract Documents.
120-4.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside
the right-of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area
without additional compensation.
Provide areas for disposal of removed paving materials out of sight of the project and at least
300 feet from the nearest roadway right-of-way line of any road. If the materials are buried, disregard the 300 -
foot limitation.
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120-5 Materials for Embankment.
120-5.1 General Requirements for Embankment Materials: Construct embankments using suitable
materials excavated from the roadway or delivered to the jobsite from authorized borrow pits.
Construct the embankment using maximum particle sizes as follows:
In top 12 inches: 3 1/2 inches (in any dimension).
12 to 24 inches: 6 inches (in any dimension).
In the depth below 24 inches: not to exceed 12 inches (in any dimension) or the compacted thickness of
the layer being placed, whichever is less.
Spread all material so that the larger particles are separated from each other to minimize voids between
them during compaction. Compact around these rocks in accordance with 120-7.2.
When and where approved by the Engineer, larger rocks (not to exceed 18 inches in any dimension) may
be placed outside the one to two slope and at least 4 feet or more below the bottom of the base. Compact around
these rocks to a firmness equal to that of the supporting soil. Where constructing embankments adjacent to
bridge end bents or abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location
of any end -bent piling.
120-5.2 Use of Materials Excavated from the Roadway and Appurtenances: Assume responsibility
for determining the suitability of excavated material for use on the project in accordance with the applicable
Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of
the availability of this material.
120-5.3 Authorization for Use of Borrow: Use borrow only when sufficient quantities of suitable
material are not available from roadway and drainage excavation, to properly construct the embankment,
subgrade, and shoulders, and to complete the backfilling of structures and pipe. Do not use borrow material until
so ordered by the Engineer, and then only use material from approved borrow pits.
120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Agency, all
necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do
not cause such roads or trails to deteriorate in condition.
Arrange for the use of all non-public haul routes crossing the property of any railroad. Incur any expense for the
use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas
when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all
proposed haul routes.
120-5.3.2 Borrow Material for Shoulder Build-up: When so indicated in the plans, furnish borrow
material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as
necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take
samples of this borrow material at the pit or blended stockpile.
120-5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes,
culverts, and bridge foundations with selected materials.
120-6 Embankment Construction.
120-6.1 General: Construct embankments in sections of not less than 300 feet in length or for the full
length of the embankment.
120-6.2 Dry Fill Method:
120-6.2.1 General: Construct embankments to meet compaction requirements in 120-7 and in
accordance with the acceptance program requirements in 120-9. Restrict the compacted thickness of the last
embankment lift to 6 inches maximum.
As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the
maximum area of the surface of each layer.
Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the
needed dewatering.
120-6.2.1.1 For A-3 and A-2-4 Materials with up to 15% fines: Construct the embankment in
successive layers with lifts up to a maximum compacted thickness of 12 inches. Ensure the percentage of fines
passing the No. 200 US Standard sieve in the A-2-4 material does not exceed 15%.
120-6.2.1.2 For A-1 Plastic materials (As designated in FDOT Design Standard Index 505) and A-
2-4 Materials with greater than 15% fines: Construct the embankment in successive layers with lifts up to a
maximum compacted thickness of 6 inches.
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120-6.2.1.3 Equipment and Methods: Provide normal dewatering equipment including, but not limited
to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods
including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps
and siphons.
When normal dewatering does not adequately remove the water, the Engineer may require the
embankment material to be placed in the water or in low swampy ground in accordance with 120-7.2.4.
120-6.2.2 Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground
that will not support the weight of hauling equipment, construct the embankment by dumping successive loads
in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while
placing subsequent layers. Once sufficient material has been placed so that the hauling equipment can be
supported, construct the remaining portion of the embankment in layers in accordance with the applicable
provisions of 120-7.2.4 and 120-7.2.6.
120-6.2.3 Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than
20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original
ground on which the embankment is to be placed.
120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal
embankment construction is to be used in the embankment outside the standard minimum slope (approximately
one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The
Contractor may also place material which is suitable for normal embankment, outside such standard minimum
slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard
minimum slope, unless placing in a separate operation.
120-6.3 Hydraulic Method:
120-6.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all
dredged material in its final position in the embankment by such method. Place and compact any dredged
material that is re -handled, or moved and placed in its final position by any other method, as specified in 120-
7.2. The Contractor may use baffles or any form of construction he may select, provided the slopes of the
embankments are not steeper than indicated in the plans. Remove all timber used for temporary bulkheads or
baffles from the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on
submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging
operation.
120-6.3.2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the
normal high-water level, to raise the fill. Remove only the portion of this material required for dressing the slopes.
120-6.3.3 Protection of Openings in Embankment: Leave openings in the embankments at the bridge
sites. Remove any material which invades these openings or existing channels without additional compensation
to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or
dredge any material within 200 feet of the toe of the proposed embankment.
120-7 Compaction Requirements.
120-7.1 Moisture Content: Compact the materials at a moisture content such that the specified density
can be attained. If necessary to attain the specified density, add water to the material, or lower the moisture
content by manipulating the material or allowing it to dry, as is appropriate.
120-7.2 Compaction of Embankments:
120-7.2.1 Earthwork Category 1 and 2 Density Requirements: The Engineer will accept a minimum
density of 95% of the maximum density as determined by AASHTO T-99 Method C for all earthwork items
requiring densities.
120-7.2.2 Earthwork Category 3 Density Requirements: The Engineerwill accept a minimum of 100%
of the maximum density as determined by AASHTO T-99 Method C for all densities required under category 3.
Except for embankments constructed by the hydraulic method as specified in 120-6.3, and for the material placed
outside the standard minimum slope as specified in 120-6.2.4, and for other areas specifically excluded herein,
compact each layer of the material used in the formation of embankments to the required density stated above.
Uniformly compact each layer using equipment that will achieve the required density, and as compaction
operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the
embankment.
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120-7.2.3 Compaction Over Unstable Foundations: Where the embankment material is deposited in
water or on low swampy ground, and in a layer thicker than 12 inches (as provided in 120-6.2.2), compact the
top 6 inches (compacted thickness) of such layer to the density as specified in 120-9.5.
120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where unsuitable material is
removed and the remaining surface is of the A-4, A-5, A-6, or A-7 Soil Groups, as determined by the Engineer,
compact the surface of the excavated area by rolling with a sheeps foot roller exerting a compression of at least
250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before
beginning any backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not
perform such rolling where the remaining surface is below the normal water table and covered with water. Vary
the procedure and equipment required for this operation at the discretion of the Engineer.
120-7.2.5 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not
compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade,
to be constructed as a part of the same Contract.
120-7.2.6 Compaction of Grassed Shoulder Areas: For the upper 6 inch layer of all shoulders which
are to be grassed, since no specific density is required, compact only to the extent directed.
120-7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where
plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of
6 inches for the subsequent seeding or planting operations.
120-7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade in
both cuts and fills to the density specified in 120-9.5. For undisturbed soils, do not apply density requirements
where constructing narrow widening strips or paved shoulders 5 feet or less in width.
Where trenches for widening strips are not of sufficient width to permit the use of standard compaction
equipment, perform compaction using vibratory rollers, trench rollers, or other type compaction equipment
approved by the Engineer.
Maintain the required density until the base or pavement is placed on the subgrade.
120-8 Backfilling Around Structures and Pipe.
120-8.1 Requirements for all Structures:
120-8-1.1 General: Backfill around structures and pipe in the dry whenever normal dewatering equipment
and methods can accomplish the needed dewatering.
129-8.1.2 Equipment and Methods: Provide normal dewatering equipment including, but not limited to,
surface pumps, sump pumps, well points and header pipe and trenching/digging machinery. Provide normal
dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using
sand blankets, perforated pipe drains, sumps and siphons.
120-8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade surface of openings
made for structures, with a sufficient allowance for settlement. The Engineer may require that the material used
for this backfill be obtained from a source entirely apart from the structure.
Do not allow heavy construction equipment to cross over culvert or storm sewer pipes until placing and
compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of
the pipe.
120-8.1.4 Use of A-7 Material: In the backfilling of trenches, A-7 material may be used from a point
12 inches above the top of the pipe up to the elevation shown on the FDOT Design Standards as the elevation
for undercutting of A-7 material.
120-8.1.5 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment,
wing wall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or
concrete has been in place seven days or until the specified 28 -day compressive strength occurs.
120-8.1.6 Placement and Compaction: When the backfill material is deposited in water, compact per
120-8.2.5 and 120-8.3.4. Place the material in horizontal layers not exceeding 6 inches compacted thickness, in
depth above water level, behind abutments, wing walls and end bents or end rest piers, and around box culverts
and all structures including pipe culverts. The Engineer may approve placing material in thicker lifts of no more
than 12 inches compacted thickness above the soil envelope if a test section demonstrates the required density
can be achieved. Approval will be based on five passing density tests over the test section consisting of a lift of
backfill from structure to structure. The Engineer will identify the test section with the compaction effort and soil
classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a
new test section. The Engineer reserves the right to terminate the Contractor's use of thick lift construction and
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have him revert to the 6 inch compacted lifts whenever it is determined that satisfactory results are not being
obtained.
120-8.2 Additional Requirements for Structures Other than Pipe:
120-8.2.1 Density: Where the backfill material is deposited in water, obtain a 12 inch layer of
comparatively dry material, thoroughly compacted by tamping, before the Engineer verifies layer and density
requirements. Meet the requirements of the density Acceptance Criteria.
120-8.2.2 Box Culverts: For box culverts over which pavement is to be constructed, compact around
the structure to an elevation not less than 12 inches above the top of the structure, using rapid -striking
mechanical tampers.
120-8.2.3 Other Limited Areas: Compact in other limited areas using mechanical tampers or approved
hand tampers, until the cover over the structure is at least 12 inches thick. When hand tampers are used, deposit
the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area
of not more than 100 int. Take special precautions to prevent any wedging action against the masonry, and step
or terrace the slope bounding the excavation for abutments and wing walls if required by the Engineer.
120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides simultaneously to
approximately the same elevation.
120-8.2.5 Compaction Under Wet Conditions: Where wet conditions do not permit the use of
mechanical tampers, compact using hand tampers. Use only A-3 material for the hand tamped portions of the
backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical
tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction
force into the sections previously tamped by hand.
120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater:
120-8.3.1 General: Trenches for pipe may have up to four zones that must be backfilled.
Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the
pipe.
Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfill which
is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place
the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe.
Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the
Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone
are considered the Soil Envelope for the pipe.
Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade.
120-8.3.2 Material:
120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding Zone of a pipe with coarse sand,
or other suitable granular material, obtained from the grading operations on the project, or a commercial material
if no suitable material is available.
120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with
materials classified as A-1, A-2, or A-3. Material classified as A-4 may be used if the pipe is concrete pipe.
120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials
allowed on Design Standard, Index No. 505.
120-8.3.3 Compaction:
120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of
the soil in which the trench was cut.
120-8.3.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil
in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe.
If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of
the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance
Criteria. Place the material in lifts no greater than 6 inches (compacted thickness).
120-8.3.3.3 Cover Zone: Place the material in 6 inches layers (compacted thickness), evenly deposited
on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material
below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density
Acceptance Criteria.
120-8.3.3.4 Top Zone: Place the material in layers not to exceed 12 inches in compacted thickness.
Meet the requirements of the density Acceptance Criteria.
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120-8.3.4 Backfill Under Wet Conditions: Where wet conditions are such that dewatering by normal
pumping methods would not be effective, the procedure outlined below may be used when specifically authorized
by the Engineer in writing. Granular material may be used below the elevation at which mechanical tampers
would be effective, but only material classified as A-3. Place and compact the material using timbers or hand
tampers until the backfill reaches an elevation such that its moisture content will permit the use of mechanical
tampers. When the backfill has reached such elevation, use normally acceptable backfill material. Compact the
material using mechanical tampers in such manner and to such extent as to transfer the compacting force into
the material previously tamped by hand.
120-9 Acceptance Program.
120-9.1 Density over 105%: When a computed dry density results in a value greater than 105% of the
applicable Proctor maximum dry density, the Engineer will perform a second density test within 5 feet. If the
second density results in a value greater than 105°/x, investigate the compaction methods, examine the
applicable Maximum Density and material description. If necessary, the Engineer will test an additional sample
for acceptance in accordance with AASHTO T 99, Method C.
120-9.2 Maximum Density Determination: The Engineer will determine the maximum density and
optimum moisture content by sampling and testing the material in accordance with the specified test method
listed in 120-9.3.
120-9.3 Density Testing Requirements: Compliance with the requirements of 120-9.5 will be
determined in accordance FM 1-T 238. The in-place moisture content will be determined for each density in
accordance with FM 5-507 (Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure
Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a
Microwave Oven).
120-9.4 Soil Classification: The Engineer will perform soil classification tests in accordance with AASHTO T-
88, and classify soils in accordance with AASHTO M-145 (Standard Specification for Classification of Soils and
Soil -Aggregate Mixtures for Highway Construction Purposes) in order to determine compliance with embankment
utilization requirements.
120-9.5 Acceptance Criteria: The Engineer will accept a minimum density in accordance with 120-7.2
with the following exceptions:
1) embankment constructed by the hydraulic method as specified in 120-6.3;
2) material placed outside the standard minimum slope as specified in 120-6.2.4;
3) other areas specifically excluded herein.
120-9.6 Frequency: The Engineer will conduct sampling and testing at a minimum frequency listed in
the table below.
Test Name
Frequency
Maximum Density
One per soil type
Density
1 per 500' RDWY (Alt Lift)
Soil Classification
One per Maximum Density
120-10 Maintenance and Protection of Work.
While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder
at least 3 feet wide adjacent to all pavement or base construction in order to provide support for the edges.
Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable
precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides,
washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work.
Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments
to the lines, grades, and cross-sections shown in the plans, until final acceptance of the project.
120-11 Construction.
120-11.1 Construction Tolerances: Shape the surface of the earthwork to conform to the lines, grades,
and cross-sections shown in the plans. In final shaping of the surface of earthwork, maintain a tolerance of
0.3 foot above or below the plan cross-section with the following exceptions:
1. Shape the surface of shoulders to within 0.1 foot of the plan cross-section.
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2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc.
3. Shape the bottom of ditches so that the ditch impounds no water.
4. When the work does not include construction of base or pavement, shape the entire roadbed (shoulder
point to shoulder point) to within 0.1 foot above or below the plan cross-section.
Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the plans.
120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to pavement areas to avoid
damage to such pavement. Complete grassing of shoulder areas prior to placing the final wearing course. Do
not manipulate any embankment material on a pavement surface.
When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise
extreme care to avoid interference with the safe movement of traffic.
120-12 Method of Measurement.
120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of
average end areas, unless the Engineer determines that another method of calculation will provide a more
accurate result. The material will be measured in its original position by field survey or by photogrammetric
means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable
material, lateral ditch excavation, channel excavation, and excavation for structures and pipe. Payment will not
be made for excavation or embankment beyond the limits shown in the plans or authorized by the Engineer.
120-12.2 Embankment: Measurement will be made on a loose volume basis, as measured in trucks or
other hauling equipment at the point of dumping on the road. Payment will not be made for embankment beyond
the limits shown in the plans or authorized by the Engineer.
120-13 Basis of Payment.
120-13.1 General: Prices and payments for the work items included in this Section will be full
compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting;
dressing the surface of the earthwork; and maintaining and protecting the complete earthwork.
120-13.2 Excavation: The total quantity of all excavation specified under this Section will be paid for at
the Contract unit price for Excavation. No payment will be made for the excavation of any materials which are
used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made
for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the
Engineer.
120-13.3 Embankment: The total quantity of embankment specified in this Section will be paid for at the
Contract unit price for embankment. No payment will be made for materials which are used for purposes other
than those shown in the plans or designated by the Engineer. No payment will be made for materials placed
outside the lines and grades given by the Engineer.
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LANDSCAPE INSTALLATION FOR LAP (OFF -SYSTEM).
(REV 4-5-11) (FA 4-15-11)
SECTION 580
LANDSCAPE INSTALLATION FOR LAP (OFF -SYSTEM)
580-1 Description.
Plant trees and shrubs of the species, size, and quality indicated in the plans.
The Engineer reserves the right to adjust the number and location of any of the designated types and species to
be used at any of the locations shown, in order to provide for any unanticipated effects which might become
apparent after the substantial completion of other phases of the project, or for other causes.
580-2 Materials.
580-2.1 Plants:
580-2.1.1 Authority for Nomenclature; Species, etc.: For the designated authority in the identification
of all plant material, refer to two publications of L.H. Bailey: "Hortus III" and "Manual of Cultivated Plants," and
ensure that all specimens are true to type, name, etc., as described therein. For the standard nomenclature,
refer to the publication of the American Joint Committee on Horticultural Nomenclature, "Standardized Plant
Names."
580-2.1.2 Grade Standards and Conformity with Type and Species: Only use nursery grown plant
material except where specified as Collected Material. Use nursery grown plant material that complies with all
required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida
Department of Agriculture's "Grades and Standards for Nursery Plants".
Except where a lesser grade might be specifically specified in the plans, ensure that the minimum grade for all
trees and shrubs is Florida No. 1. Ensure that all plants are the proper size and grade at the time of delivery to
the site, throughout the project construction period and during any designated plant establishment period.
Ensure that plant materials are true to type and species and that any plant materials not specifically covered in
Florida Department of Agriculture's "Grades and Standards for Nursery Plants" conform in type and species with
the standards and designations in general acceptance by Florida nurseries.
Ensure that plant materials are shipped with tags stating the botanical and common name of the plant.
580-2.1.3 Inspection and Transporting: Move nursery stock in accordance with all Federal and State
regulations therefor, and accompany each shipment with the required inspection certificates for filing with the
Engineer.
580-2.2 Water: Water used in landscaping operations may be obtained from any approved source.
Ensure that water is free of any substance which might be detrimental to plant growth. The use of effluent water
is subject to approval and must meet all Federal, State and Local requirements.
580-3 Specific Requirements for the Various Plant Designations.
580-3.1 Balled-and-Burlapped Plants (B&B), and Wired Balled-and-Burlapped (WB & B):
580-3.1.1 General: Properly protect the root ball of these plants until planting them. The Engineer may
reject any plant which shows evidence of having been mishandled.
Set the B&B and WB&B plants then remove the top 2/3 of all wire, rope, and binding surrounding the plant.
Remove the burlap from the top 4 inches of the root ball. Do not disturb the root ball in any way. Bare root
material is not allowed for substitution.
At least 90 days before digging out B & B and WB & B plants, root -prune those 1 1/2 inches or greater in diameter
and certify such fact on accompanying invoices.
580-3.1.2 Provisions for Wiring: For plants grown in soil of a loose texture, which does not readily
adhere to the root system (and especially in the case of large plants or trees), the Engineer may require WB &
B plants. For WB & B plants, before removing the plant from the excavated hole, place sound hog wire around
the burlapped ball, and loop and tension it until the tightened wire netting substantially packages the burlapped
ball such as to prevent disturbing of the loose soil around the roots during handling.
580-3.2 Container -Grown Plants (CG): The Engineer will not accept any CG plants with roots which
have become pot-bound or for which the top system is too large for the size of the container. Fully cut and open
all containers in a manner that will not damage the root system. Do not remove CG plants from the container
until immediately before planting to prevent damage to the root system.
580-3.3 Collected Plants (Trees and Shrubs) (C): Use C plants which have a root ball according to
"Florida Grades and Standards for Nursery Plants". Do not plant any C plant before the Engineer's inspection
and acceptance at the planting site.
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580-3.4 Collected Plants (Herbaceous) (HC): The root mass and vegetative portions of collected
herbaceous plants shall be as large as the specified container -grown equivalent. Do not plant any collected plant
before inspection and acceptance by the Engineer.
580-3.5 Specimen Plants (Special Grade): When Specimen (or Special Grade) plants are required,
label them as such on the plant list, and tag the plant to be furnished.
580-3.6 Palms: Wrap the roots of all plants of the palm species before transporting, except if they are
CG plants and ensure that they have an adequate root ball structure and mass for healthy transplantation as
defined in "Florida Grades and Standards for Nursery Plants".
The Engineer will not require burlapping if the palm is carefully dug from marl or heavy soil that adheres to the
roots and retains its shape without crumbling. During transporting and after arrival, carefully protect root balls of
palms from wind and exposure to the sun. Muck grown palms are not allowed. After delivery to the job site, if not
planting the palm within 24 hours, cover the root ball with a moist material. Plant all palms within 48 hours of
delivery to the site.
Move sabal and coconut palms in accordance with the "Florida Grades and Standards for Nursery Plants."
580-3.7 Substitution of Container -Grown (CG) Plants: With the Engineer's approval, the Contractor
may substitute CG plants for any other root classification types, if he has met all other requirements of the
Contract Documents.
580-4 Planting Requirements.
580-4.1 Layout: Prior to any excavation or planting, mark all planting beds and individual locations of
palms, trees, large shrubs and proposed art and architectural structures, as shown in the plans, on the ground
with a common bright orange colored spray paint, or with other approved methods, within the project limits.
Obtain the Engineer's approval and make necessary utility clearance requests.
580-4.2 Excavation of Plant Holes: Excavate plant holes after an area around the plant three times the
size of the root ball has been tilled to a depth of the root ball. Ensure that the plant hole is made in the center of
the tilled area only to the depth of the plant root ball.
Where excess material has been excavated from the plant hole, use the excavated material to backfill to proper
level.
580-4.3 Setting of Plants: Center plants in the hole. Lower the plant into the hole so that it rests on a
prepared hole bottom such that the roots are level with, or slightly above, the level of their previous growth and
so oriented such as to present the best appearance.
Backfill with native soil, unless otherwise specified on the plans. Firmly rod and water -in the backfill so that no
air pockets remain. Apply a sufficient quantity of water immediately upon planting to thoroughly moisten all of
the backfilled earth. Keep plants in a moistened condition for the duration of the planting period.
When so directed, form a water ring 6 inches in width to make a water collecting basin with an inside diameter
equal to the diameter of the excavated hole. Maintain the water ring in an acceptable condition.
580-4.4 Special Bed Preparation: Where multiple or mass plantings are to be made in extended bedding
areas, and the plans specify Special Bed Preparation, prepare the planting beds as follows:
Remove all vegetation from within the area of the planting bed and excavate the surface soil to a depth of
6 inches. Backfill the excavated area with peat, sand, finish soil layer material or other material to the elevation
of the original surface. Till the entire area to provide a loose, friable mixture to a depth of at least 8 inches. Level
the bed only slightly above the adjacent ground level. Then mulch the entire bedding area, in accordance with
580-8.
580-5 Staking and Guying.
580-5.1 General: When specified in the plans, or as directed by the Engineer, stake plants in accordance
with the following.
Use wide plastic, rubber or other flexible strapping materials to support the tree to stakes or ground anchors that
will give as the tree moves in any direction up to 30 degrees. Do not use rope or wire through a hose. Use guy
chords, hose or any other thin bracing or anchorage material which has a minimum 12 inches length of high
visibility flagging tape secured to guys, midway between the tree and stakes for safety.
Stake trees larger than 1 inch diameter and smaller than 2 inches diameter with a 2 by 2 inch stake, set at least
2 feet in the ground and extending to the crown of the plant. Firmly fasten the plant to the stake with flexible
strapping materials as noted above.
580-5.2 Trees of 2 to 3 1/2 inches [50 to 90 mm] Caliper: Stake all trees, other than palm trees, larger
than 2 inches caliper and smaller than 3 1/2 inches caliper with two 2 by 4 inch stakes, 8 feet long, set 2 feet in
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the ground. Place the tree midway between the stakes and hold it firmly in place by flexible strapping materials
as noted above.
580-5.3 Large Trees: Guy all trees, other than palm trees, larger than 3 1/2 inches caliper, from at least
three points, with flexible strapping materials as noted above.
Anchor flexible strapping to 2 by 4 by 24 inch stakes, driven into the ground such that the top of the stake is at
least 3 inches below the finished ground.
580-5.4 Special Requirements for Palm Trees: Brace palms which are to be staked with three 2 by
4 inch wood braces, toe -nailed to cleats which are securely banded at two points to the palm, at a point one third
the height of the trunk. Pad the trunk with five layers of burlap under the cleats. Place braces approximately
120 degrees apart and secure them underground by 2 by 4 by 12 inch stake pads.
580-6 Tree Protection and Root Barriers.
Install tree barricades when called for in the Contract Documents or by the Engineer to protect existing
trees from damage during project construction. Place barricades at the drip line of the tree foliage or as far from
the base of the tree trunk as possible. Barricades shall be able to withstand bumps by heavy equipment and
trucks. Maintain barricades in good condition.
When called for in the Contract Documents, install root barriers or fabrics in accordance with the details shown.
580-7 Pruning.
Prune all broken or damaged roots and limbs in accordance with established arboriculture practices.
When pruning is completed ensure that all remaining wood is alive. Do not reduce the size or quality of the plant
below the minimum specified.
580-8 Mulching.
Uniformly apply mulch material, consisting of wood chips (no Cypress Mulch is allowed), pine straw,
compost, or other suitable material approved by the Engineer, to a minimum loose thickness of 3 inches over
the entire area of the backfilled hole or bed within two days after the planting. Maintain the mulch continuously
in place until the time of final inspection.
580-9 Disposal of Surplus Materials and Debris.
Dispose of surplus excavated material from plant holes by scattering or otherwise as might be directed
so that it is not readily visible or conspicuous to the passing motorist or pedestrian. Remove all debris and other
objectionable material from the site and clean up the entire area and leave it in neat condition.
580-10 Contractor's Responsibility for Condition of the Plantings.
Ensure that the plants are kept watered, that the staking and guying is kept adjusted as necessary, that
all planting areas and beds are kept free of weeds and undesirable plant growth and that the plants are
maintained so that they are healthy, vigorous, and undamaged at the time of acceptance.
580-11 Plant Establishment Period.
If the Contract Documents designate a Plant Establishment Period, assume responsibility for the proper
maintenance, survival and condition of all landscape items during such period at no additional cost.
580-12 Method of Measurement.
The quantities to be paid for will be the items shown in the plans, completed and accepted.
580-13 Basis of Payment.
Prices and payments will be full compensation for all work specified in this Section,
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APPENDICES A and E
Revised 01/20/2015
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (hereinafter,
"USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
this Agreement.
2. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not
discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the
selection and retention of subcontractors, including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of
the Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all
solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed
under a subcontract, including procurements of materials or leases of equipment; each potential
subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract
and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age,
disability, religion or family status.
4. Information and Reports: The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information required of a Contractor
is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall
so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as
it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not
limited to:
a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any
subcontract or procurement as the Florida Department of Transportation, the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor
Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the Contractor may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation,
and, in addition, the Contractor may request the United States to enter into such litigation to protect the
interests of the United States.
7. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42
U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
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Improvements — Project No.: B-183614
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §
324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29
U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the
basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act
of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of
1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding
the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -
aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or
not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department
of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-
discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin,
and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance
with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended,
which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681
et seq.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING PROCUREMENT
ACTIVITIES ON FEDERAL -AID CONTRACTS 10/01
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
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 federal
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 or will be paid to any person
for influencing or attempting to influence an officer or employee of any federal 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 of Lobbying Activities", in
accordance with its instructions. (Standard Form -LLL can be obtained from the Florida
Department of Transportation's Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require
that the language of this certification be included in all lower tier subcontracts, which exceed $100,000
and that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: _
Bv:
Authorized Signature:
Title:
Date:
Metromover Station Access 174 ITB No. 17-18-058
Improvements — Project No.: B-183614
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DISCLOSURE OF LOBBYING ACTIVITIES
Is this form applicable to your firm?
YES ❑ NO ❑
If no, then please complete section 4
below for "Prime"
375-030-34
PROCURMENT
02/16
Page 1 of 2
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post -award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
Year: Quarter:
Date of last report:
mm/dd/
4. Name and Address of Reporting Entitiy:
❑ ❑
Prime Subawardee
Tier if known:
If Reporting Entity in No. 4 is a Subawardee, Enter Name
and Address of Prime:
Congressional District, if known:
Congressional District, if known: 4c
6. Federal DepartmentlAgency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Ml):
b. Individuals Performing Services (including address TF
different from No. 90a)
(last name, first name, Ml):
E
11. Information requested through this form is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a onpenalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.: Date (mm/dd/yyyy):
Federal Use On
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
Metromover Station Access 175 ITB No. 17-18-058
Improvements — Project No.: B-183614
375-030-34
PROCUREMENT
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Page 2 of 2
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient,
at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title
31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity 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 a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered .Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change
to the information previously reported, enter the year and quarter in which the change occurred. Enter
the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fuliname, address, city, State and zip code of the reporting entity. Include Congressional District,
if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to
be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the
prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract
awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city,
State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item
1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned by
the Federal agency). Include prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime'entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered
Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the
burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management
and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
Metromover Station Access 176 ITB No. 17-18-058
Improvements — Project No.: B-183614
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. PROCUREMENT
INELIGIBILITY AND VOLUNTARY EXCLUSION -LOUVER TIER 11/15
COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS Page 1 of 2
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that, neither the below identified firm nor its principals are presently suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Name of Consultant/Contractor:
By:
Date:
Title:
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval
or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification, in addition to other remedies available to the Federal Government, the department,
or agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous
by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and
"voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier
Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and
a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered
transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the
participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as
the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
Metromover Station Access 177 ITB No. 17-18-058
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375-030-32
PROCUREMENT
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Page 2 of 2
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify
the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant
may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment
Metromover Station Access 178 ITB No. 17-18-058
Improvements — Project No.: B-183614
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-13
NON -COLLUSION DECLARATION AND COMPLIANCE WITH 49 CFR § 29 RIGHT OF WAY
05/01
Page 1 of 3
ITEM/SEGMENT NO.:_
F.A.P. NO.:
MANAGING DISTRICT:
PARCEL NO.:
COUNTY OF:
BID LETTING OF:
hereby declare that I am
(NAME)
of
(TITLE) (FIRM)
of
(CITY AND STATE)
and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this
State Project.
I further declare that:
1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder.
2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential
bidder on this project, and will not be so disclosed prior to the bid opening.
3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on
this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form
of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any
firm or person to submit a complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from
any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with
this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to
submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to
any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection
with this or any other project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this
project.
7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to
the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or
she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct
inconsistent with any of the statements and representations made in this Declaration.
8. As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of Transportation in writing
of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers,
and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or
for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with
respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were
convicted of contract crimes while in the employ of another company.
Metromover Station Access 179 ITB No. 17-18-058
Improvements — Project No.: B-183614
575-060-13
RIGHT OF WAY
05/01
Page 2 of 3
9. 1 certify that, except as noted below, neither my firm nor any person associated therewith in the capacity of owner, partner,
director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of
Federal funds:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions, as defined in 49 CFR §29.110(a), by any Federal department or agency;
(b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against him or her for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a Federal, State or local government transaction or public contract; violation of Federal or State antitrust statutes;
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or
receiving stolen property;
(c) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local governmental entity
with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and
(d) has within a three-year period preceding this certification had one or more Federal, State or local government
public transactions terminated for cause or default.
10. 1 (We), certify that I (We), shall not knowingly enter into any transaction with any subcontractor, material supplier, or
vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract by any
Federal Agency unless authorized by the Department.
Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs
numbered (1) through (10), 1 have provided an explanation in the "Exceptions" portion below or by attached separate sheet.
EXCEPTIONS:
(Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of agency action. Providing
false information may result in criminal prosecution and/or administrative sanctions).
I declare under penalty of perjury that the foregoing is true and correct.
CONTRACTOR: (Seal)
BY: WITNESS:
NAME AND TITLE PRINTED
BY:
SIGNATURE
Executed on this day of
WITNESS:
FAILURE TO COMPLETE AND EXECUTE THIS DOCUMENT
MAY RESULT IN THE A BEING DECLAREDNONRESPONSIVE
Metromover Station Access 180 ITB No. 17-18-058
Improvements — Project No.: B-183614
575-060-13
RIGHT OF WAY
REQUIRED CONTRACT PROVISIONS 05/01
Page 3 of 3
This certification applies to subcontractors, material suppliers, vendors and other lower tier participants.
- Appendix B of 49 CFR Part 29 –
Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier
Covered Transactions
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification, in addition to other remedies available to the Federal Government, the department
or agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used
in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a participant
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transactions
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Metromover Station Access 181 ITB No. 17-18-058
Improvements — Project No.: B-183614
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
FHWA-1273 -- Revised May 1, 2012
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks,
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade orjob classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants 1
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non -minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH -1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30 -day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor -or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1 )(Iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH -347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 c
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetennined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth In 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who,performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts; however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v 1 s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal -
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer.
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this, transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) 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 commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
10
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant'
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
Participant' refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
.. .. .
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion --Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. 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 Federal 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.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
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.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. 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.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
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6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.