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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. BID No. 48-07/08 CITY OF MIAIMI BEACH Page 92 of l44 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. BID No. 48-07/08 CITE' OF MIAIMI BEACH Page 93 of ]44 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. BID No. 48-07/08 CITY OF MIAIMI BEACH Page 94 of I44 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Page 95 of l44 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. BID No. 48-07/08 CITY OF M1A1MI BEACH Page 96 of 144 DATE: 09/30/08 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. BID 1vo. 45-07/08 CITY OF M1AIM1 BEACH Page 97 of 144 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 BID No. 48-07/08 CITl' OF MIAIMI BEACH Page 98 of 144 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. BID No. 48-07/OS CITY OF MIAIMI BEACH Page ]UO of ]44 DATE: 09/3 0/0 b 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Page ]Ol of ]44 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 BID No. 48-07/08 CITY OF MIAIMI BEACI-I Page l02 or l44 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 BID No. 48-07/OS CITY OF M1AIM1 BEACH Page 103 of ] 44 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Page l04 of ] 44 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. BID No. 45-07/08 CITY OF MIAIMI BEACH Page 107 of ]44 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 BID No. 48-07/08 CITY OF M1AIM1 BEACH Page 114 of 144 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. BID No. 48-07/OS CITY OF MIAIMI BEACH Page ] 16 of ]44 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 -.~ ': ;>; ~.1'' 9" _ ,,:r'~TII~17'T.:T.F n.DTQ.FP '`~.._r~~ ,. r µ; ~ , -y7;; `_ ~.=::_ ~r- ,~ ,r`;- ;try: ------------ --- ----------------------------------------- - ------ --------- --------- -------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 .~ AC# ~ $ ~ 6 S O 5 STATE OF FLORIDA - - . ... -. ~._ ~ 111` ~ .. .-. IY- I1(._ r It. .+-a,r .~~r -, • CENfi . ~i~-~. ~ ~` ::~; ` ~%±:~. ~ Vii` "=.=~r: `• 1 ,~y ../ 15 /.2.0.0 8 0.7 8.1.6 7 7 5 8._,,, CU.. 2 _ ~ 2;~`~"~'~` ~ '~ K . The U,NIDE~2:GRpUND U~;IL ~ ~ .f, -- ~zA;T~~T~~~O,~ . l""'`,. ~f1~ .;" ~ f .,:~,~x) '~1~ :Named below ,I:S tiCER~I'I~ . f ~' ~ , ~i'~.~~- ~j~ ~ ,- ,.r ~!! ~Ila ~ ~•=, ~ ~ ~~' :;~'- '~ .: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 ~ - ~ -~• _ }~j~ _11,t~"'~;~. ~~{~; ,..'~-Ir~ty;; c~~: r!+.51' ~'1`°)`xc1'~r~t;f9.u~!L~`_~r'. r ivl~`'I,Si .y f )!(~}'l~:• .?r=1~ ~^Ia J~y'~r~'~~. _vl~ trr e J' f 1~ k , ~k : , v ~~`NCHE,Z,~;s7'~wS~`:~lAO~~,.~~~N~ ~~•a s+ f ,,s.~~ >~w1 ~ .-"~c~)~`,;,:. '~~,~ --;t~ ,f,.~`.`_`'` ;,~~ ,s t, i+ ~)~" 8':~? -d~ STE ~~ ,~~.~~ ~ ~, a ; ~' J n`.s )~-''`~ ,t~~~~ ~~.~i~xx)b' ~~~~-' ~.'*~'.. ,z- ~ ~- HI3~TSr'~'AH ,~-t_ r. ~ __ .•_~ ,d~.. r- .-"_, `Il(. -1~•...^1' '1[wr'r~ ! 4{: .. ~~~ :(~~ ..t' ~19`>X~~.'', .Il~~(~ 1Ywe~ FL "~'~ 18 ~.. • r ~ r ~~. ~' '~(~ + `^ ~ ~)~~ ~)}`'~ ,lP.~~ ~~7~~F)~_ - ~I+ ' J-1~- 1 err,: r. - (s;~Jj FJl~~k ~~~(x~.r-,, .. ~,fi~/~C,~ :. [ CHARLI~E::URI''$T ~~~ ,xt(~. n ~'~~~Fr. .J~, ~Yf~ ~~( r,#'~I ,( . ` ~ ,. " ~'~I~I~TJCK `Y~{k~}~Y(.Y' 'I:r`~# . ~~ w r ~ x l ~c ~~,~r ~tJIRE~6{l`' LAW "f ~r `)~~ ~''.-~~,~.~t . .. ~ -~ .... ...r,. ration date: AUG 31, HIALEAH .' CHA,RtLr ' ~~'~v 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® ~~'~ ~ ~~-~~1~~ ~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 ~- ..._ in 1l~. s^'~'k^~MYYYww.+nn~Nsn~wrmHaav:..::.::_ .. ..... r-~... ,. ..:. D. ~-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 r O~.'""~:"~~`}'~)fi~~~'~~:~ ita'w. .v.~ut+;.zs ....... .:. ......... ... ..,.. ail. ...... .. 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 m n. 'H ~ ~ ~ U Y ~ Y N O O ~ m .O O ~p ° -~ U `~ V ~ ~ N ~ C ~ C ~ ~ U ~ ~ ~ ~ ~ O ~ ~ ~~ ~ ~ ~ _ n - a~amY..e..~,e+.:.•x.. .. ..vk R-...»;rv.r ....Jr-,`.,~,., ~ ..w 1,..: ...::.~d~.; ~ " l ~•/ .. ~ W ~ .. E ~ .N ¢ c e ~ N ~ ~ V ~ :p ~ ~ ~ Q m ~ ~ ~ a` N ~ U C ~ N ~ N ~ ~ ~ a` m U O '~ 5 O O `' a.. U U 'm ~` z ~ m ~ ' ~ ~ } ~ a~ O ... X ~ d N N a„ ~ C m ~ '~O W O .y ~ ~ A N C ~ t0 } N~ L.L. Z Z ~~ VJ