General Conditions00800. GENERAL CONDITIONS:
Proiect Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
pertormance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have awell-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 caws 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.
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DATE: 09/30/08
3. Preliminary Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ]Bar Chart
[ ]Modified CPM
(X) CPM
[X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
`""" network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[X] Such prices shall be broken down to show labor, equipment,
materials and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
utility relocation, provided, however, neither CONSULTANT nor
CITY shall be responsible for the nonperformance by the utility
owners.
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DATE: 09/30/08
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the-Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must .be
acceptable to CONSULTANT as to form and substance.
4. Pertormance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and pertormance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. .Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. 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 sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
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DATE: 09/30/08
4.3. Pursuant to the requirements of Section 255.05(1)(x), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a 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 fetter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Suretv
5.1. Bid Bonds,- Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company 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.
5.1.2. The surety company 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
company shall not exceed the underwriting (imitation 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 company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3 The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject
the surety company based on the financial information available to
the CITY. A surety company that is rejected by the CITY may be
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DATE: 09/30/08
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond Ratings Category
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10, 000, 001 to 25, 000, 000 A CI ass V
25, 000, 001 to 50, 000, 000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Pertormance
Bond and Payment Bond.
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, fosses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
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6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at C(TY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether pertormed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Reauirements:
7.1. 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 coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
7.1.1.2. if any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X ] 7.1.2.1. Premises and/or Operations.
[ X ] 7.1.2.2. independent Contractors.
[ X ] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
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DATE: 09/30/08
(X ] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X ] 7.1.2.5. Broad Form Property Damage.
[ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless andlor
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[ X ] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
pertormed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
7.1.3. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services OfFice,
and must include:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non-Owned Vehicles.
7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid)
[ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
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DATE: 09/30/08
.endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
7.1.5.1. Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2. Flood Insurance--When the machinery or equipment is
located within an .identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. tf the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or
endorsed to provide CITY with
cancellation and/or restriction.
Restriction--The poiicy(ies) must be
at least thirty (30) days notice of
7.4. CONTRACTOR shall furnish to the City's Risk Manager 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 Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
BID No. 48-07/08
DATE: 09/30/08
CITE' OF MIAIMI BEACH
Page 99 of 144
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
ofFcial title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, fight, 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.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
9. 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 this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively pertorming controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty. percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
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11. Permits. Licenses and Impact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, 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 this Contract 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.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
12. Resolution of Disoutes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT'S estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
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DATE: 09/30/08
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) 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 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) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
~^ inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT's instructions,
any taws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be -given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR'S
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, 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.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
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DATE: 09/30/08
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. 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 CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, afull-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected .progress of the Work; time of
commencement of work for the day; the work being pertormed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
pertormed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
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DATE: 09,~30/OS
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. 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 pertorm the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
15. CITY's Riaht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or faits to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall pertorm the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to pertorm any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR'S failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner.
~,~ All damages, costs and charges incurred by CITY, together with the costs
of completing the Project, shall be deducted from any monies due or
which may become due to CONTRACTOR. In case the damages and
expenses so incurred by CITY shall exceed the unpaid balance, then
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DATE: 09/30/08
CONTRACTOR shall be liable and shall pay to CITY the amount of said
excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shalt include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/senrices which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riaht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
,,,.., 17. Assianment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
BID No. 48-07/08 CITE' OF MIAIMI BEACH Page ]OS of ]44
DATE: 09!30/08
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
18. Riahts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Dierina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurtace or concealed conditions at the Project-site which differ materially from
those shown on 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, 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 CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and 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
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY 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 under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Tirne for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID No. 48-07/08 CITY OF MIAIMI BEACH Page ] 06 of ] 44
DATE: 09/30/08
20. Plans and Workina Drawings:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. 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 CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Resoonsibility for Damages and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warranty:
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract 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. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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DATE: 09/30/08
24. Suoolementarv Drawings:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. 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 CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Pertormance Bond. in the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. 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 Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
25.4. Failure to reject any defective work or material shall not in any way
BID No. 48-07/08 CITY OF MIAIM] BEACH Page 108 of ]44
DATE: 09/30/08
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CfTY to pay or to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work pertormed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[X] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than 5Q% percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. 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 CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as frt and proper for the reception of
BID No. 48-07/08 CITY OF MIAIMI BEACH Page 109 of 144
DATE: 09/30/08
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interterence
or impact on any other contractor on the site. Should such interterence or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interterence or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. 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 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 recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice
thirty (30) calendar days
a designated area.
to CONTRACTOR in writing at least
prior to CITY's intended occupancy of
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
''^` by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
BID No. 48-07/08 CITY OF MIAIM] BEACH Page I IU of l44
DATE: 09/30/08
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. 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.
30. Lands for Work:
30.1. 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 or the use of CONTRACTOR.
30.2. 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.
31. Leaal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
close any thoroughfare, nor intertere in any way with trafFic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Damage to Existing Facilities Eauipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
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 identify and locate 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.
BID No. 48-07/OS CITY OF MIAIM] BEACH Pagel ] l of l44
DATE: 09/30/OS
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. 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.
32.4. All overhead, surtace 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.
33. Value Engineering:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
BID No. 45-07/08 CITY OF MIAIMI BEACH Page ] I2 of l44
DATE: 09/30/08
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. 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. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Changes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its pertormance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
BID No. 45-07/OS CITY OF MIAIMI BEACH Pagel 13 of ]44
DATE: 09/30/OS
37. Change Orders:
37.1. 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.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. 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 CONSULTANT as set
forth in Article 12 hereof. 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
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the pertormance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Change Order Work:
~^ 38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
37. Chanae Orders:
37.1. 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.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. 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 an-angements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. 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
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the pertormance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chanae Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
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DATE: 09/30/08
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. 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 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 Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order 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
pertorming the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. 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
BID No. 48-07/08 CITY OF MIAIMI BEACH Page ll5 of ]44
DATE: 09/30/08
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.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
pertormed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that 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.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. 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.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, 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 cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable; imposed by any
governmental authority.
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DATE: 09/30/08
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. 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.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR'S
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, 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 referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR'S capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. 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.
38.3.5. 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.
BID No. 48-07/08 CITY OF MIAIM] BEACH Page I ] 7 of I44
DATE: 09/30/08
38.3.6. Other overhead or general expense casts of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
38.4.2.3. No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. 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.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
,,~ 38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
BID No. 48-07/08 CITY OF MIAIM] BEACH Page 118 of 144
DATE: 09/30/08
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
39. Notification and Claim for Chance of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
BID No. 48-07/08 CITY OF M1AIM1 BEACH Page 119 of 144
DATE: U9/3U/US
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damages for Delav:
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, interterence 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 interterence on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delav: Compensable: Non-Comoensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Deiay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Faiiure of CONTRACTOR to comply with Article 39 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.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Deiay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interterence on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
BID No. 48-07/08 CITZ' OF MIAIMI BEACH Page 120 of 144
DATE: 09/3U/08
no event shall CONTRACTOR be compensated for interim delays
which do not extend the Contract Time.
CONTRACTOR shall be entitled
Compensable Excusable Delay
CONTRACTOR shall be limited to
pursuant to Article 38 hereof.
to direct and indirect costs for
Direct costs recoverable by
the actual additional costs allowed
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be thirteen hundred dollars ( 1 300 per day for each calendar day
the Contract is delayed due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When 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 further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, 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
BID No. 48-07/08 CITY OF MIAIMI BEACH Page 121 of 144
DATE: 09/30/08
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shop Drawings:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
~'"""~ suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) calendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this fist by
CONSULTANT shall in no way relieve 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.
44.3. After the approval of the fist of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
~,;~.. 44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, 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
BID No. 45-07/08 CITE' OF MIAIMI BEACH Page 12'? of ]44
DATE: 09/30/08
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within thirty (30)
calendar days from the date received, unless said Drawings are rejected
by CONSULTANT for material reasons. CONSULTANT's approval of
Shop Drawings will be general and shall not relieve CONTRACTOR of
responsibility for the accuracy of such 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 Drawings.
No work called for by Shop Drawings shall be performed until the said
Drawings have been approved by CONSULTANT. Approval shall not
relieve CONTRACTOR from responsibility for errors or omissions of any
sort on the Shop Drawings.
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
property 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
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. 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.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Lavout of the Work and Record Drawings:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, handholes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. 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
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
BID No. 48-07/08 CITY OF M1AIMl BEACH Page 123 of l44
DATE: 09,30/08
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
45.3. 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 CONSULTANT.
46. Safetv and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site 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.
46.2. 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 referred to in Sections 46.1.2 and 46.1.3 above,
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 CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
BID No. 48-07/08 CITS' OF MIAIMI BEACH Page I24 of 144
DATE: 09!30/08
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
[ X ] 47. Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Pavment by CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and pertormed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the C(TY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CfTY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
""~ General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
BID No. 48-07/08 CIT)' OF MIAIMI BEACI-I Page I25 of ]44
DATE: 09/30/08
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. 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. At the completion of the
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 therefor as
CONSULTANT shall determine to be just.
52. Removal of Equipment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
~.... all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination. Eaual Emoloyment Opportunity and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement 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 shall not engage in or commit an discriminato
y ry practice in
violation of City of Miami Beach Ordinance No. 92.2824 in performing any
services pursuant to this Agreement.
BID No. 48-07/08 CITY OF MIAIM] BEACH Page 126 of 144
DATE: 09/30/08
54. Proiect 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 the Project and to any claim for additional compensation made by
CONTRACTOR. 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 three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID No. 48-07/08 CITE' OF MIAIMI BEACH Page I?7 of l44
DATE: 09/30/08
00900: SUPPLEMENTARY EXHIBITS/SPECIFICATIONS
Purposely left blank, no supplementary specifications required.
00920. ADDITIONAL ARTICLES:
[ ] 1. Prevailing Wage Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and" fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. road construction, except bridges or structures requiring
pilings; and
d. beautification projects, which may include resurtacing new
curbs, gutters, pavers, sidewalks, landscaping, new fighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[ ] 2. Federal Grant Projects:
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
federal assurances must
follow the grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO 94-2960
Contract No.
No.
Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
BID No. 45-07/08 CITY OF MIAIMI BEACH Page 128 of l44
DATE: 09/30/08
~^-~
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated , 20
(Contractor)
By:
(Signature)
By:
(Print Name and Title)
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this
20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
°''`' WITNESS my hand and official seal, this day of , 20 .
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
day of
who is
as
BID No. 48-07/08 CITE' OF M1A1M1 BEACH Page 129 of l44
DATE: 09/30/08
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated
20_
By:
Contractor
(Signature)
By:
(Print Name and Title)
STATE OF )
SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20_, by who is
personally known to me or who .has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 20
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
Nly commission expires:
BID No. 48-07/08 CITY OF MIAIM] BEACH Page I30 of ] 44
DATE: 09/30/08
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
TO (CITY):
CONSULTANT:
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
~^ under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
estabiished as
which is also the date of commencement of appiicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
BID No. 48-07/08 CITY OF MIAIM] BEACH Page 13l of l44
DATE: 09/30/08
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
CONSULTANT
BY
In accordance with Section 2.2 of the Contract, CONTRACTOR
the work on the list of items attached hereto within
above Date of Substantial Completion.
CONSULTANT
BY
DATE
~^ CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator
Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
DATE
will complete or correct
_ from the
BID No. 48-07/08 CITY OF MIAIMI BEACH Page 132 of 144
DATE: 09/30/08
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
TO (CITY):
DATE OF ISSUANCE:
CONSULTANT:
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
DATE
CONSULTANT
BY
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(date).
City of Miami Beach, Florida
BID No. 48-07/08
DATE: 09/30/08
(time)
By Contract Administrator Date
CITY OF MIAIMI BEACH Page I33 of I44
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 ,from City
of Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to CONTRACTOR for all work and materials
for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing
materials or supplies for the Project have been paid in full. In (ieu of this certification
'"~ regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
BID No. 48-07/08 CITY OF M1AIM1 BEACH Page 134 of ]44
DATE: 09/30/08
[If not incorporated sign below.]
WITNESSES:
CONTRACTOR
(Name of Firm)
ay:
(Signature)
(Print Name and Title)
day of , 20
BID No. 48-07/08 CITY OF MIAIMI BEACH Page 135 of 144
,,~ DATE: 09/30/08
[ X ] 00950. PLANS AND SPECIFICATIONS
I. The Plans and Specifications for the RIGHT OF WAY INFRASTRUCTURE
IMPROVEMENTS FOR BID PACKAGE NO. 12C: SOUTH POINTE PHASE II
Miami Beach, Florida has been prepared by:
Designer
Wolfberg Alvarez and Partners
SHEET NO.
1
GN001 - GN002
E0000
E0001 - EC014
DM000
DM001 - DM014
HS000
HS001 - HS014
HS015 - HS020
PM0000
PM001 - PM014
PM015
PG8.D000
PGS<DOOA
PG&D001 - PG8~D030
PG8~D031 - PG8D037
PG8~D038A - PG8~D0386
PG8~D039
PG8~D040
PGS~D041
PGS~D042
PG&D043
wM-ooo
WM-001
WM-002
WM-003
WM-004 - WM-010
WM-011 - WM-013
LA001
LA002 - LA015
LA016 - LA019
LA020 - LA033
LA034
LA035
IR01 - IR14
IR15
E000
E001 - E014
E015
E016
DRAWING DESCRIPTION
COVER SHEET & INDEX OF DRAWINGS
CIVIL GENERAL NOTES
EXISTING CONDITION KEY MAP
EXISTING CONDITION PLANS
DEMOLITION KEY MAP
DEMOLITION PLANS
HARDSCAPE KEY MAP
HARDSCAPE PLANS
HARDSCAPE DETAILS
PAVEMENT MARKING & SIGNING KEY MAP
PAVEMENT MARKING & SIGNING PLANS
PAVEMENT MARKING, SIGNING DETAILS 8~ NOTES
PAVING, GRADING AND DRAINAGE KEY MAP
PAVING, GRADING AND DRAINAGE OVERALL PAVEMENT
PAVING, GRADING AND DRAINAGE PLANS
DRAINAGE STRUCTURES
PAVING, GRADING AND DRAINAGE DETAILS
PAVING, GRADING AND DRAINAGE DETAILS
TYPICAL SECTIONS
DRAINAGE DETAILS
GRAVITY WELL SCHEDULE & DETAILS
MAINTENANCE OF EXISTING DRAINAGE SYSTEMS
WATERMAIN IMPROVEMENTS KEY MAP
WATERMAIN IMPROVEMENTS TABULATION OF QUANTITIES
PROPOSED 8-INCH DUCTILE IRON WATERMAIN IMPROVEMENTS
PROPOSED 12-INCH DUCTILE IRON WATERMAIN IMPROVEMENTS
PROPOSED 8-INCH DUCTILE IRON WATERMAIN IMPROVEMENTS
WATERMAIN IMPROVEMENTS CONSTRUCTION DETAILS
LANDSCAPE KEY SHEET
LANDSCAPE DISPOSITION PLANS
LANDSCAPE DISPOSITION LEGEND
LANDSCAPE PLANS
TABULATION OF QUANTITIES
PLANTING DETAILS
IRRIGATION PLANS
IRRIGATION LEGEND AND DETAILS
STREET LIGHTING KEY MAP
STREET LIGHTING PLANS
ELECTRICAL DETAILS
LUMINAIRE POLE DATA /ELECTRICAL PANELBOARD
SCHEDULES
BID No. 48-07/08 CITS' OF MIAIMI BEACH Page 136 of l44
01000. ADDENDA AND MODIFICATIONS:
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as Addendums to the
Contract Documents. (Please see page 17).
02000. TECHNICAL SPECIFICATIONS
SECTION DESCRIPTION pAGE(S1
01005 Public Information /Liaison Services 01005-1
01010 Summary of Work 01010-1 - 01010-14
01012 N.I.C. Items 01012-1
01026 Measurement and Payment (Lump Sum) 01026-1 - 01026-4
01031 General Project Procedures 01031-1 - 01031-3
01045 Cutting and Patching 01045-1 - 01045-3
01050 Field Engineering 01050-1 - 01050-2
01060 Regulatory Requirements and Permits 01060-1
01070 Abbreviations ~ 01070-1 - 01070-6
01090 Reference Standards 01090-1 - 01090-2
01152 Applications for Payment 01152-1 - 01152-2
01200 Project Meetings 01200-1 - 01200-3
01311 Schedules and Reports 01311-1 - 01311-11
01340 Shop Drawings, Product Data, and Samples 01340-1 - 01340-6
01380 Construction Photography 01380-1 - 01380-2
01400 Quality Control 01400-1 - 01400-3
01410 Testing Laboratory Sen+ices 01410-1 - 01410-3
01505 Mobilization, Site-Preparation, and Demobilization 01505-1 - 01505-2
01510 Temporary Utilities 01.510-1 - 01510-3
01520 Construction Aids 01520-1 - 01520-2
01530 Protection of Existing Facilities 01530-1 - 01530-6
01550 Site Access and Storage 01550-1 - 01550-3
01560 Temporary Controls 01560-1 - 01560-5
01570 Traffic Regulations 01570-1 - 01570-2
01580 Project Identification Signs 01580-1 - 01580-2
01590 Contractor's Field Office 01590-1 - 01590-3
01600 Material and Equipment 01600-1 - 01600-4
01660 Equipment Testing and Startup 01660-1
01700 Contract Closeout 01700-1 - 01700-3
01710 Cleaning 01710-1 - 01710-2
01720 Project Record Documents 01720-1 - 01720-5
01730 Operating and Maintenance Data 01730-1 - 01730-5
01740 Guarantees and Bonds 01740-1 - 01740-2
02010 Subsurtace Investigation 02010-1
02015 Mobilization, Site Preparation, and Demobilization 02015-1 - 02015-2
02020 Removal of Encroachments 02020-1 - 02020-3
02050 Demolition 02050-1 - 02050-5
02110 Clearing 02110-1 - 02110-2
02140 Dewatering 02140-1 - 02140-3
02200 Earthwork 02200-1 - 02200-10
02210 Site Grading 02210-1 - 02210-3
02222 Excavation and Backfill for Utilities 02222-1 - 02222-7
02260 Finish Grading 02260-1 - 02260-2
02284 Topsoil 02284-1 - 02284-3
BID No. 48-07/08 CITY OF MIAIMI BEACH Page 137 of 144
,,,,.., 02400 Storm Drainage Facilities 02400-1 - 02400-7
02500 Surface Restoration 02500-1 - 02500-2
02510 Concrete Sidewalk 02510-1 - 02510-3
02513 Asphaltic Concrete Paving -General 02513-1 - 02513-11
02515 Portland Cement Concrete Paving 02515-1 - 02515-5
02577 Pavement Markings 02577-1 - 02577-2
02601 Drainage Structures 02601-1 - 02601-3
02662 Water Service Connections and Transfers 02662-1 - 02662-6
02713 Water Distribution System 02713-1 - 02713-34
02810 Irrigation System 02810-1 - 02810-14
02900 Landscape Work 02900-1 - 02900-14
SECTION DESCRIPTION PAGE(S)
02910 Sodding 02910-1 - 02910-8
02931 Tree Protection 02931-1 - 02931-4
03305 Concrete and Grout 03305-1 - 03305-9
16023 Codes and Standards 16023-1
16100 Basic Materials and Methods 16100-1 - 16100-2
16112 Raceways and Conduits 16112-1 - 16112-9
16120 Wice and Cable 16120-1 - 16120-5
16402 Electrical Site Utilities 16402-1 - 16402-3
16430 Metering and Sub-Metering 16430-1
16440 Disconnect Switches 16440-1 - 16440-2
16450 Grounding 16450-1 - 16450-3
16475 Overcurrent Protective Devices 16475-1 - 16475-3
16530
''~` Exterior Lighting 16530-1 - 16530-3
"
16709 Lightning Arresters/ Surge Suppression 16709-1 - 16709-4
Appendix A -Report of 6eotechnical Exploration
Appendix B -Test Hole Reports
Appendix C -Test Hole -Reports
BID No. 48-07/08 CITY OF MIAIMI BEACH Pase I38 of I44
04000. ACKNOWLEDGEMENT OF ADDENDA
invitation to Bid No. 13-Id7/08
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR -
BID PACKAGE NO. 12C: SOUTH POINTE PHASE II
Miami Beach, Florida
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No. 1, Dated ~/ 2 4 / 0 8
Addendum No. 2, Dated ~~ n ~ / n s
Addendum No. 3, Dated X110 6 / o e
Addendum No. 4, Dated 11 / 10 / 0 8
Addendum No. 5, Dated ~/ 12 /,~$
,_.
- ~ ;,:,
Part II: No addendum was received in connection with this Bid.
Verified with Procurement staff
Name of Staff
Date
11/14/2008
Date
ITB No. 13-07ro8 CITY OF M{AMI BEACH
January 24, 2008 132
Horizon Contractors, Inc.
05000, CUSTOMER REFERENCE LISTING
General Contractor (and/or Sub-Contractors) shall furnish the names, addresses,
telephone, fax numbers and a-mail addresses of a minimum of 8 references of a
rninimum of four (4) separate completed projects.
1) Company Name New Millennium Engineering, Inc .
Address 9999 NE 2nd Ave. #212 Miami Shores, FL 33138
Contact Person/Contract Amount Steve McCue/ $8, 591, 292.89
Telephone: (305) 795-1595 FaX: (305) 795-6181
E-mall: emmcue~fnmdcena .net
Z) Company Name city of Miami
Address 444 SW 2nd Ave. Miami, FL 33130
Contact Person/Contract Amount Scott Pritchard; $3, 952, 088.17
Telephone: (305)416-1236 FBX; (305)416-2153
r
r -r7i~il:_ sau_ itchard.a+ci . miarci _f__us .
3) Company Name A.D.A. Enaineerin Inc.
Address 11401 SW 40th 5t. #470 Miami, FL 33165
Contact Pef50n/COfltraCt AmOllnt Alberto Argudin/ $7, 773 802.96
Telephone: (305) 551-4608 FBX: (305) 551- 8977
E-mall; aargudinj r~iadaengineering .com
4) Company Name City of North Miami Beach
Address 17050 NE 19th Ave. North Miami Beach, FL 33162
Contact Person/C~ntract Amount xiep xuvnh/ $1, 621, 1z6. 78
Telephone; (305)948-2925 FaX: (305)957-3502
E-mall: hiep.huynh~citynmb.com
RB No. 13-07/OB CITY OF MIAMI BEACH
January 24, 2008 133
1
5) Company Name city of Hialeah
Address 5601 East 8th Ave. Hialeah, FL 33013
Contact Person/Contract Amount Fred Martinez/ $2, 840, 071.83
TBleptlOnG': (305) 687-2611 FBX: (305) 667-2632
E-mall: almartinez~hialeahfl.gov
6) Company Name xN•r$ Corporation
Address 8700 W. Flagler St. 200 Miami, FL 33174
Contact Person/Contract Amount Gorky Charpentiar/ $1, 321, 935.62
Telephone: (3os>ssl-sloo Fax: (3DS)ssl-2eoo
E-mal~:~harPentierhntb. com
7) Company Name Bolton, Perez ~& Associates
Address 1990 NE 125th 5t. #10 North Miami, FL 33161
Contact Person/Contract Amount Osvaldo Larrazabal/ $86 0, 233.00
TEIE'phOne; (305)891-2660 FBX: (305)891-2664
E-mall: osvaldo.larrazabal~dot.atate.fl.us.
8) Company Name Miami Parking Authority
Address 190 NE 3rd St. Miami, FL 33132
Contact Person/Contract Amount Yanei Crespo/ $1, 432, 689.81
TGlepflOne (305)373-6789 FaX' (3 051 3 71-9541
-mall: ycrespo®miamiparkin .com
ITB No. t3A7/08 CITY OF MIAMI BEACH
January 24, ZD08 1 ~
~~
06000. SUB-CONTRACTOR LISTING INFORMATION
BID NO. 13-07/08
RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS
FOR -BID PACKAGE NO. 12C: SOUTH POINTE PHASE II
Miami Beach, Florida
SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
(NOT MORE THAN 50% OF THE ENTIRE PROJECT IS TO BE SUB-CONTRACTED)
(Telephone and fax no.)
Name:Jaffer Asaoc. Corp. Installation of wells.
Tel: (305)576-7363
FaX: (305)573-8711
Name:viie s Son Lenaeoepiny, corp.Planting all landscaping
Tei: (305)805-0066 and installing all irrigat
FBX:(305)805-9270 within project limits.
Name:.~ennett &2eetric 6ervi ce, Lo.
Tel' (305)805-0066 ~~ yriEt°~1~+_lnr C:i'-•?li
Electrical wc_k within
FaX:_~305)805-4270 project limits.
Name:
Tel:
Fax:
Name:
Tel:
Fax:
Name:
Tel:
Fax:
(Attach additional forms if necessary)
6 k
5 ~
12 ~
The foregoing list of subcontractor(s) may not be amended after award of the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
RS No. 73-07f08 CITY OF MIAMI BEACH
January za, zooe 135
(Attach additional forms if necessary)
The foregoing list of subcontractor(s) may not be amended after award of the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
BID No. 48-07108 CITY OF MIAIMI BEACH Page I43 of l44
INVITATION TO BID
FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR -BID
PACKAGE NO. 12C: SOUTH POINTE PHASE II
Miami Beach, Florida
ITB # 48-07/08
BID OPENING: October 29, 2008
Gus Lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
i='\PURC\$ALI\GUS\Bids\ITB#43-07-08 S. Point II Re-Bid\ITB-48-07-08 (2i.doc
DRIGINdI
T/-ABLE OF CONTENTS
No. Pape Description Page
1. Declaration of Non-Discrimination in Contracts & Benefits 1 - 3
2. Reasonable Measures Application 4 - 12
3. 4 Sample Projects Completed 14 - 16
4. Organizational Chart ~ 17
5. Staffing Chart 1 g
6. Licenses 19 - 24
7.
~- Certificates of Insurance 25 - 2fi
,,
.
8.
13id ~ uaranty
?7 - ?~
9. Bid/Tender Form 30 - 38
10. Bid Tender Form -Schedule of Bid Prices 39 - 40
11. Questionnaire 41 - 54
12. Non-Collusion Certificate 55
13. Drug Free Workplace Certificate 56 - 57
14. Trench Safety Act 58
15. Recycled Content information 59
16. Acknowledgement of Addenda(s) 60 - 96
17. Customer Reference List 97 _ gg
.-R..
18.
Subcontractor Listing Information
gg
*-~
~~ .CTQB
Constr on Trades Qualifying Board
BUSINECERTIFtCA7E OF COMPETENCY
E874 ,
Exp, Date: ~09/30/2009
SANCHQ JOSE M
HORIZON CONTRACTORS INC -
D.B.A.: '~ ..
of MtamFDade County J
STS STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
CONSTRUCTION INDUSTRY LICE
"~~~*'~ TALLAHASSEEMONROE STRFLT32
SANCHEZ, JOSE M
HORIZON CONTRACTORS INC
8175 W 32ND AVE STE 1
HIALEAH FL 33018
PROFESSIONAL REGULATION
NSING BOARD (850) 487-1395
399-0783
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better
For information about our services, please fog onto in'N-w.myfloridaiicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
,,.Repartment's initiatives.
..ur mission at the Department is: ± icense Efficiently, Regulate Fairly. We
constantly strive tc Geroe you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations c, your new license!
nvrr
~:?1 ~11C VrilV ra'J, 2S
~~ame d`:b,~~ o
Under the
Expiration
HIALEAH _ _ _-- FL
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------------ --- ----------------------------------------- - ------ --------- --------- -------D.ETAGH._HERE------------- --------....---------- -
FIRST CLASS
U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 23
302861-0
BUSINESS NAME /LOCATION.
HORIZON CONTRACTORS ~,I~NC
' 81.75 W 32 .AVE. 1
33018. HIALEAH,
• OWNER
HORIZON .CONTRACTORS TNC.
Sec. Type of Business
.196 GENERAL EN~INEERI~N6 CONTRACTOR
I THIS IS ONLY ALOCAL - ;,•'' -
I"BUSINE86 TAX RECEIPT. IT ~ h
DOES YlOT PERMIT THE --
~, NOLOER TO VIOLATE ANY - - - -
EXISTING OR REGULATORY
OR ZONING
RENEWAL
RECEIPT NO. 316557-8
CC # E874
WORKER/S
10
LAWS OF.THE
COUNTY OR CITIES. NOR DO NOT FORWARD
DOES IT~EXEMP.TTHE.
-HOLDER~FROM ANY On1ER
P.ERMYT'O R•R~ECEIPT
Noor AI OERTIR CATIONN OF
HORIZON
CONTRACTORS INC
_ ONHOLDER~souALIFICA. JOSE M SANCHEZ
8175 W 32 AVE SUITE 1 •
~M~~inHnaDECOUrEr°rvTAx HIALEAH FL 33018
COLLECTOR:
07/21/2008
60020000271
000045.00. 85
SEE OTHER SIDE
~~ ~
C'TQB
200300559
' SANCHEZ JQSE M III
ENGINEE~NG
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.:Under the~~ provl,s~.ans ~;~ h~ rr~, F,~ ~ ~~cl~~~r' F~~ , rz~~~l~'+~j'J ;~`~~
Ex irat~'on date ~~AUG 31; 20T'b~:r^. r ~ - ~ -~•
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[ CHARLI~E::URI''$T ~~~ ,xt(~. n ~'~~~Fr. .J~, ~Yf~ ~~( r,#'~I ,( . ` ~ ,. " ~'~I~I~TJCK `Y~{k~}~Y(.Y' 'I:r`~# . ~~
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ration date: AUG 31,
HIALEAH
.' CHA,RtLr
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f
g, What equipment will you rent for the proposed work?
Make: Modet: Year:
(None)
10. State the name of your proposed project manager and superintendent and give
details of his or her qualifications and experience in managing similar work that
used "Primavera P3" scheduling software.
Xavier Salvat- Project Manager
Michael Serrano- Superintendent
(See Attached Resumes)
11. State the true, exact, correct and complete name of the partnership, corporation
or trade name under which you do business and the address of the place of
business. (If a corporation; ,state the name of the president and secretary. If a
partr;ersl~;:,, ~tate•tt~p -narne~~Qf all<~partners: 1fi a trade- name; : state~`,e -r:amen cif
the individuals who do business under the trade name).
11.1 The correct name of the Bidder is Horizon Contractors , Inc .
11.2 The business is a (Sole Proprietorship) (Partnership} (Corporation).
Corporation
11.3 The address of principal place of business is
8175. West 32nd Ave. #1 Hialeah, FL 33018
11.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
N/A
IT8 No. 13-07/08
January 24, 2008
CITY OF MIAMI BEACH
86
8175 West 32nd Avenue, Suite #1, Hialeah, Florida 33018
Phone: (305) 828-2050 Fax: (305) 820-0905
Contracts in progress
Horizon Name of Project Owner Contract Completion
Job # Amount Dates Com leted
t 276 Push Button FDOT $ 860,233 Dec-08 44%
2 277 Normandy Isle Infrastructure Imp. City of Miami Beach $ 9,465,025 Jan-10 78%
3 278 North Beach Recreational Corridor City of Miami Beach $ 6,299,755 Dec-08 92%
4 279 Hanford Blvd. (NE 164 St.) from 20-21 Ave. City of North Miami Beach $ 1,442,306 Nov-08 80%
5 280 Flagami /West End City of Miami $ 6,148,000 Jul-09 52%
s
a.^•. 282 SW 138th Street Miami Dade County $ 6,139,886 Jan-09 5%
2s3 .SR ? _ ...,. r., ;...,; .... . k ,~ F.DDJ $ ~ 222;9y4. Jun-0,~... . . , vn"%~
8 284 Tamiami City of Miami $ 1,079,448 Jun-09 0%
HORIZON MASTER EQUIPMENT LIST
MAKE MODEL YEAR CODE SRRiAi, NO.
BACKHOE
JOHN DEERE 310E (2X4 1999 B-7 T0310EX
CATERPILLAR 416D (2X4 2002 B-]0 BFP05543
JOHN DEERE 310G (2X4 2002 B-11 T0310GX909887
JOHN DEERE 31 OG (2X4 2003 B-12 T0310GX919545
JOHN DEERE 310G 4X4 2004 B-! 3 T0310GX939315
JOHN DEERE 310G (4X4) 2005 B-14 T0310GX944590
JOHN DEERE 310G 4X4 2005 B-IS T0310GX949547
JOHN DEERE 310G (4X4 2005 B-16 T0310GX95138I
JOHN DEERE 310G (4X4) 2006 B-17 T0310GX952428
DOZER
CASE 450C 1988 D-3 GHE0001566
CATERPILLAR DSM XL 1997 D-6 4BR00312
CATERPILLAR DSC SERIES ID 2000 D-7 SH500783
CATERPILLAR DSM XL 2001 D-8 6GN02404
EXCAVATOR
CATERPII.LAR 225D LC 1992 E-2 25701034
CATBRPIIIAR ffi 300B 1991 E-3 3FJ00481
CATERPILLAR 325BL 1999 E-4 2JR02417
JOHN DEERE 17ZTS 2003 B•5 FF017ZX210115
CATERPII.YAR_.. 330CL 2003 E-6 DICY00875
CATEP~.^ILLATi ~ 345E 1? ~ 2005 :E-7 [:x:40264'/__--~_-
FORKLII+T
CATERPILLAR DP70 ~ 2000 F 2 T20C60490
CATBRPII,LAR P6000-D 2004 F-3 ATI4E00114
GRADER
KOMATSU GD 605A-3 G-3 57135
CATERPILLAR 140G 1987 G-4 72V]0403
LEE-BOY 685 (SMALL GRADER 2002 G-6 685500
CATERPII,LAR CATERPIIJ.AR 12H 1999 G-7 4XM02309
CATBRPII.LAR CATERPILLAR 12H 2005 G-8 AMZ00559
LOADER
CATERPILLAR 930 1974 L-I 41K7734
CATERPILLAR 950 1977 L-2 051710193
CATERPILLAR 936E 1992 L-5 04SB02642
CATERPILLAR 938F 1996 L-6 IKM01963
CATERPILLAR 938F 1997 L-7 1KM02130
CASE 1845C SKID STEER 1994 L-8 JAFOI34616
CATERPILLAR 936 1987 L-9 33203143
CATERPILLAR 928G 2001 L-10 6XR03037
CATERPILLAR 938G 1998 L-11 6W500526
JOHN DEERE 6247 2004 L-]2 DW624JZ593287
JOHN DEERE 325 SKID STEER 2005 L-13 T00325B100088
CATERPILLAR 938G SERIES Il 2005 L-14 RTB00569
JOHN DEERE 6247 2005 L-15 DW624JZ600216
JOHN DEERE 6247 2006 L-16 DW624J2604200
MII.I.IlVG MACHINE
WIRTGEN W2000 2004 MILL-1 6 .20.0588
Pege 1
_... .~r
MAKE MODEL YEA R CODE SERiA7•NO.
WIRTGEN W2200 2005 MILL-2 8.21.0182
ROLLER
DYNAPAC CC122 DBL. DRUM -SMALL ROLLER) ] 995 R-4 60] 11180
CATERPILLAR CB-214C (DBL. DRUM -SMALL ROLLER 1998 R-6 9XK00876
IMGRAM ROLLER R-7 432547-G99
CATERPILLAR CS563D AW SINGLE DRUM LARGE ROLLER 2000 R-8 9MW00286
CATERPILLAR CB-2] 4D (DBL. DRUM -SMALL ROLLER 2002 R-9 ] TZ00712
HAMM HD12 (DBL. DRUM -SMALL ROLLBR 2002 R-I O 45447
BOMAG BW 120AD-3 (DBL. DRUM -SMALL ROLLER 2003 R-17 ] 01 1 7051 8876
CATERPILLAR CS-563 DAW (SINGLE DRUM LARGE ROLLER 2000 R-12 9MW00452
BOMAG BW124PDB-3 2004 R-13 901581281037
BOMAG BW211D-3 2004 R-14 101580851065
HAMM HM3412 2005 R-15 1601223
BOMAG BW124DH 2006 R-16 901581271137
HAMM HD090V 2004 R-17 HM1531342
LEE-BOY MODEL7000DL 2004 PAVE2 41709
LEE BOY L150T SPRAYER 2005 44185
SWEEPER
SUPERIOR BROOM DT80C 2004 S-1 804155
KUBOTA L4630GSTC / HYDR. SWEEPER) 2006 5-2 34933
TRACTOR TRUCKS
AUTOCAR DUMP TRUCK 1987 T~ 1 WBPCCJE3HU303104
`_ _ FORD F-700 - FUEL & LUBE TRUCK 1987 T-10 IFDNT74P3HVA64816
- INTEP.NhTtONAi ~
-) WA1r.T? TRUGF 1982 T-~d TAF1958CCAt81(19
MACK _
TRACTOR 1998 _
T-16 1M2N187Y4JW020355
FORD AIItOMAX L9000 -DUMP TRUCK 1992 T-17 1FTY595RJINVAZ3271
FORD F-350 - UTILITY TRUCK 1994 T-18 1FDLF47FXREA20684
FORD F-9000 -DUMP TRUCK 1984 T-19 1FDYA92W2EVA18379
INTERNATIONAL SI600 WATER TRUCK 1986 T-20 1HTLAHGLSGHA60401
INTERNATIONAL S1700 WATER TRUCK 1986 T-21 1HTLCHYN3GHA1934]
INTERNATIONAL 51600 - UTILITY TRUCK 1987 T-22 I HTLAHGL2HH512397
INTERNATIONAL WATER TRUCK 1987 T-23 1 HTLAHGL3HH512392
FORD DUMP TRUCK 1984 T-24 IFTYA90W8EVA54794
MACK DUMP TRUCK 1996 T-25 IMZAAI3YXTW067078
PETERBILT TRACTOR 1996 T-26 1XPSDB9X2TN360530
FORD F650XL -FUEL & LUBE 2000 T-27 3FDNF65A7YMA06858
FORD F450 - UTII.ITY TRUCK 2000 T-28 l FDXF46FSYEA23252
FORD FSSOXL - UTII,ITY TRUCK 2001 T-29 1 FDAF56F I I EA62633
FORD FSSOXL -UTILITY TRUCK 2001 T-30 1 FDAF56FXI EA62629
PETERBILT DUMP TRUCK 2005 T-31 1NPALTOX85N850374
PETERBII.T DUMP TRUCK 2005 T-32 INPALTOXXSN850375
FORD F800 -WATER TRUCK 1998 T-33 1FDPF80C9WVA14167
PETERBILT TRACTOR 2005 T-34 1XPGDU9X95N871689
PETERBILT DUMP TRUCK 1996 T-35 1 XPCDR8X6TN404823
PETERBILT DUMP TRUCK 1994 T-36 1 XPSDR9X9RD349239
PICK UPS
CHEVROLET CHEV (1995) 1995 P-7 ] GCF2451 SE223663
FORD F250 W/TOOL BOX 1999 P-8 I FTNF20L4XEB79490
FORD F 250 W/TOOL BOX 1999 P-9 I FTNF20LXXEB69899
FORD F 250 W /TOOL BOX 2001 P-10 1 FTNF20L21 EB69094
Page 2
MAKE MODEL YEAR CODE SERIAL NO.
FORD F250 W/TOOL BOX 2001 P-I1 1FTNF20L21EB80693
FORD F250 W/ TOOL BOX 200] P-12 1FTNF20L41EB4558?
FORD F250 W/LIFE GATE 2001 P-13 1 F7NF20L81 ED03929
FORD F250 W/ TOOL BOX 2002 P-14 1 FTNP20L42EA26262
FORD F250 W/TOOL BOX 2003 P-IS 3PTNF20L53MB24938
FORD F350 W/TOOL BOX AND CILANE 2004 P-16 1 FTSF30L34EA96217
FORD F150 HERITAGE 2004 P-17 2FTRF17214CA98182
FORD F150 HERITAGE 2004 P-18 2FTRF17204CA79865
FORD F250 W/TOOL BOX 2005 P-19 1 FTNF20585EB6794]
FORD F250 W/TOOL BOX 2005 P-20 I FDNF205XSEB45161
FORD F150 2005 P-2I 1FTRF12245NC11352
FORD F250 W/TOOL BOX 2006 P-22 1 FDNF20526EA27817
FORD F150 2006 P-23 1FTRX12W36NB81830
FORD F150 2006 P-24 1FTRXI2W06NB81719
FORD F250 2006 P-25 1FDNF20596EB08202
FORD F250 2006 P-26 1FDNF20526EA79500
VAN
FORD E-150 2006 V-1 1FTRE14WX:6HB29575
CARS
FORD EXPEDITION 2002 iFMRU15W62LA77225
MBRCEDES E500 2004 WDBUF70J74A509843
BMW 745Li 2005 WBAGN63505DS58686
GMC YUKON 2005 1GKEC13T35R123503
~ GMC YUKON 2007 1 GKFK638X7J288336
~_ FORD __ 1 F350~ L_.. ~ 2006. ~ 1 FT1T~133PK6}-~-=_vn l ;r
'i'Rrt.IwiLRS _
CHANNEY LOWBOY 1972 721565LBT35
HORIZON DOT DRILL TRAILER 1995 HFL45630i9551080B
GRBAT DANE TRANSPORT FLATBED 7.9 x 48 TONS 2005 1 GRDM9629XM036202
TORINO E UIPMENT (6 x 16 5 TONS 2005 121EP16275M01340
EAGER BEAVER 5565L3 FLATBED 55 TONS 2005 1125D55245L069416
L.EE BOY L 150T -TACK DISTRIBUTOR 2005 44185
EAGER BEAVER 1 5 HDB UII'MENT (8.6 x 27 15 TONS 2006 112HBT32X6L063371
ANDER50N UTILITY (5 x 8 1.75 TONS 2006 4YNBN08196C042321
Page 3
INVITATION TO BID
wtEame ~~®~~, ~~~~~d®
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~lD C~FE~NtP~~: O~taber Z9f ~®0~
Gus Lopez, CP°C!, ?rz.curemerit Direr.Pc.+r
P~C3CU~E1~hEN? [3!Vl5iUl~i
17001 C:~nver~inn Can#er Drive, h.iictmi Sancti, =L 33139
www.minmiheachfl.gnv
~:\.F~IFa:\ nll~'x.;1;5\hics~.IT$#d:i-{l:r-(;~ ~. ~oinl Ei- RF-Bi:1\i':'F.'•-~9ii-(li !f5 ;f.dui.
Representative Project No. 1
Project Name: SR 5 Biscayne Blvd.
Project Location: SR 5 Biscayne Blvd (from 105th St.-123rd St)
Brief Description of Work Pertormed: Landscaping, Irrigation, Cut and Fill Work,
Paving, Concrete, Drainage, Asphalt, Lighting, Signalization, Vegetation Removal,
Streetscape. Work, Right of Way Construction, and Mainetenance of Traffic
Owner: Florida Department of Transportation
Address: 9999 NE 2nd Ave Suite 212 Miami Shores, FL 33138
Contact: Steve McCue
Phone: (305)795-1595
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~-GSA. ,~U{.y f ! it ~r°'v..! :J 1.._ .. .. ..._ . f:. .wf~jd?~:..: .. w: ...... .... ._ ... _
General Contractor's Project Manager: Joey Sanchez
Field Superintendent: Michael Serrano
Awarded Contract Amount and Final Contract Amount: Final: $ 8, 591,292.89
Date of Completion: 7/30/2006
Representative Protect No. 2
Project Name: Grand Avenue Improvements
Project Location: Grand Ave (from 37th Ave- Matilda St.)
Brief Description of Work Performed; Landscaping, Irrigation, Cut and Fill Work,
Paving, Concrete, Drainage, Asphalt, Lighting, Signalization, Vegetation Removal,
Streetscape Work, Right of Way Construction, and Mainetenance of Traffic
Owner: City of Miami
Address: 444 SW 2nd Avenue Miami, FL 33130
Contact: Scott Pritchard
Phone: (305)416-1236
_..
General Contractor's Project Manager: Xavier Salvat
Fiefd Superintendent: Francisco Ferrer
Awarded Contract Amount and Final Contract Amount:Final: $ 3,952,088.17
Date of Completion: 5/01 /2006
Representative Project No. 3
Project Name: FEMA-DORM Storm Drainage and Paving
Project Location: Various Locations
Brief Description of Work Performed:.Landscaping, Irrigation, Cut and Fill Work,
Paving, Concrete, Drainage, Asphalt, Lighting, Signalization, Vegetation Removal,
Streetscape Work, Right of Way Construction, and Mainetenance of Traffic
Owner: Department of Enviormental Resources Management
Address: 701 NW 1st Court Miami, FL 33136
Contact: Alberto Argudin
Phone: (305)551-4608
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General Contractor's Project Manager: Joey Sanchez
Field Superintendent: Michael Serrano
Awarded Contract Amount and Final Contract Amount:Final: $ 7,773,802.96
Date of Completion: 4/03/2005
Representative Project No. 4
Project Name: SR 5 Biscayne Blvd.
Project Location: SR 5 Biscayne Blvd. (from NE 67th St.-NE 78th St.)
Brief Description of Work Performed: Landscaping, Irrigation, Cut and Fill Work,
Paving, Concrete, Drainage, Asphalt, Lighting, Signaiization, Vegetation Removal,
Streetscape Work, Right of Way Construction; and Mainetenance of Traffic
Owner: Florida Department of Transportation
Address: 9999 NE 2nd Ave Suite 212 Miami Shores, FL 33138
Contact: Steve McCue
Phone: (305)795-1595
. .
- - ~ .
General Contractor's Project Manager: Xavier Salvat
Field Superintendent: Michael Serrano
Awarded Contract Amount and Final Contract Amount:Final: $ 7,346,220.40
Date of Completion: 02/20/08
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