Contract with Metro Express Inc. ca a
r7/2S113
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal
corporation of the State of Florida ("City"), and Metro Express Inc. ("Contractor").
W I T N E S S ET H, that Contractor and City, for the considerations hereinafter named,
agree as follows:
ARTICLE 1
SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the Work described in the Contract Documents, including
Exhibit D-Supplemental Terms and Conditions, and any Contractor Service Order issued to
Contractor for any Project hereunder, and shall perform all Work in accordance with the
requirements of the Contract Documents, for the following catagories:
Concrete Curbside/Sidewalk Construction
ARTICLE 2
CONTRACT TIME
2.1 This contract shall remain in effect for two (2) years from date of contract execution by
the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract,
at the sole discretion of the City Manager, for three (3) renewal periods of one (1) year
each.
2.2 Contractor shall commence the Work upon written notice to proceed in the form of a
Purchase Order issued by the City, and a Contractor Service Order signed by either the
City Manager or the Department Director ordering the Work , specifying the specific
tasks to be performed by the Contractor for any Project. A separate Contractor
Service Order shall be required prior to commencement of any Work on any
Project. Contractor shall commence scheduling activities, permit applications and other
preconstruction work within five (5) calendar days after receipt of Purchase Order, which
date shall establish the Project Initiation Date. The Purchase Order will not be issued
until Contractor's submission to City of all required documents (including but limited to:
Payment and Performance Bonds, and Insurance Certificate) and after execution of the
Contract by both parties. Contractor shall have no entitlement to perform (or be
compensated for) any Work under this Agreement, unless such Work is authorized, at
the City's sole discretion, by a Contractor Service Order.
2.2.1. The receipt of all necessary permits by Contractor and acceptance of the full
progress schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to mobilize
on any Project site and commence with physical construction of the work.
ITB-2018-033-ND Page 1
2.3 Time is of the essence throughout this Contract. Unless otherwise specified in a
Contractor Service Order, any project awarded to the Contractor pursuant to this
Agreement shall be substantially completed within thirty (30) calendar days from the
issuance of the City-approved Contractor Service Order ("Contractor Service Order") or
accompanying Purchase Order (whichever is later), or as otherwise specified in the
Contractor Service Order, and completed and ready for final payment in accordance with
Article 4 within thirty (30) calendar days from the date determined by Consultant or the
City as the date of Substantial Completion.
2.4 Unless otherwise specified in a Contractor Service Order for any particular Project, upon
failure of Contractor to substantially complete the Work within the time specified for
Substantial Completion in any Contractor Service Order, plus any approved time
extensions, Contractor shall pay to City the sum of one hundred dollars ($100.00) for
each calendar day of delay in achieving Substantial Completion. Contractor
acknowledges and agrees that the foregoing amounts are not penalties but are
liquidated damages to City for its inability to obtain full beneficial occupancy and/or use
of the Project. Unless otherwise specified in a Contractor Service Order, liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by
City as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure
of Contractor to complete the Contract on time.
City is authorized to deduct liquidated damages from monies due to Contractor for the
Work under this Contract or as much thereof as City may, in its sole discretion, deem
just and reasonable.
2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages,
for all costs incurred by Consultant in administering the construction of the Project
beyond the completion date specified above, plus approved time extensions. Consultant
construction administration costs shall be pursuant to the contract between City and
Consultant, a copy of which is available upon request of the Contract Administrator. All
such costs shall be deducted from the monies due Contractor for performance of Work
under this Contract by means of unilateral credit change orders issued by City as costs
are incurred by Consultant and agreed to by City.
ARTICLE 3
ASSIGNMENT OF WORK AND COMPENSATION
3.1 PUSH BUTTON AWARD
When Work is identified by a City representative, the Contractor who provides all
services needed and is the lowest for the project based on prices submitted in Appendix
E, Cost Proposal Form, will be selected to complete the Work.
3.1.1 For projects with an estimated cost up to the amount specified in City
Procedure PO16.02, Threshold Category 1 (currently $10,000 or as amended),
ITB-2018-033-ND Page 2
the project/contract manager may select the contractor deemed to be best
qualified.
3.1.2 For projects with an estimated cost exceeding the amount specified in City
Procedure PO16.02, Threshold Category 1 (currently $10,000 or as amended),
the project/contract manager shall solicit three quotes. Following the
determination of the best quote, in the Department's Director sole discretion, a
Contractor Service Order shall be executed for the project, , prior to issuing a
Purchase Order. The City Manager's approval, along with a justification, is also
required when the contractor offering the lowest cost is not selected.
3.1.3 For projects $50,000 or greater, the City Manager's approval is required and a
Contractor Service Order shall be executed for the project. The City Manager's
approval, along with a justification, is also required when the contractor offering
the lowest cost is not selected.
3.1.4 Contractor shall be instructed to commence the Work by written instructions as
further detailed in Section 2.2. Contractor shall commence scheduling
activities, permit applications and other preconstruction work within five (5)
calendar days after receipt of Purchase Order, which date shall establish the
Project Initiation Date.
3.2 ADDITIONAL SERVICES
The City anticipates that a significant portion of the projects awarded pursuant to any
continuing services agreement resulting from this ITB shall be completed in accordance
with the prices established through the ITB. The City recognizes that there may be
instances when the need for services in addition to those stipulated herein shall arise to
complement or complete a project awarded pursuant to the established line items. In
those cases, the City may negotiate with the Contractor on a mutually agreeable price
for the additional services based on available industry pricing. The approval of the City
Manager shall be required for any additional services exceeding a project aggregate of
$50,000. The following items may not be purchased as additional services:
a. design services exceeding $35,000;
b. electrical services exceeding $75,000;
c. any non-contract construction work exceeding a cost of$300,000.
3.3 PERFORMANCE AND PAYMENT BOND
The City will require a performance and payment bond for any project in excess of
$200,000. Within ten (10) calendar days of City execution of the Contractor Service
Order, 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.
3.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the
Contractor Service Order, guaranteeing to City the completion and performance
of the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. The City may
accept a 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
ITB-2018-033-ND Page 3
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 Performance Bond and Payment Bond.
3.3.2 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.
3.3.3 Pursuant to the requirements of Section 255.05(1)(a), 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.
3.3.4 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 letter 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.
3.4 QUALIFICATION OF SURETY
3.4.1. 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.
3.4.2. 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 limitation in the circular,
and the excess risks must be protected by coinsurance, reinsurance, or other
methods in accordance with Treasury Circular 297, revised September 1, 1978
(31 DFR Section 223.10, Section 223.111). Further, the surety company shall
provide City with evidence satisfactory to City, that such excess risk has been,
protected in an acceptable manner.
3.4.3. 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.
ITB-2018-033-ND Page 4
A surety company that is rejected by the City may be 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 Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
3.5. The City may accept a Bid Bond, Performance Bond and Payment Bond from a surety
company that is 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
Performance Bond and Payment Bond.
3.6. More stringent requirements of any grantor agency are set forth within the Supplemental
Conditions. If there are no more stringent requirements, the provisions of this section
shall apply.
3.7 PROGRESS PAYMENTS
Contractor may make Application for Payment for work completed during the Project at
intervals of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount due,
together with such supporting evidence as may be required by Consultant. Contractor
shall include, but same shall be limited to, at Consultant's discretion, with each
Application for Payment, an updated progress schedule acceptable to Consultant as
required by the Contract Documents and a release of liens and consent of surety relative
to the work which is the subject of the Application. Each Application for Payment shall be
submitted in triplicate to Consultant for approval. Upon submission of an acceptable
updated progress schedule and the other documents required herein along with the
application for payment, City shall make payment to Contractor with respect to approved
Applications for Payment, less retainage as herein provided for and/or withholding of any
other amounts pursuant to the Contract Documents, within twenty-five (25) days in
accordance with Section 218.735 of the Florida Statutes.
3.8. At the City's discretion, if specified in a Contractor Service Order, ten percent (10%) of
all monies earned by Contractor may be retained by City until Final Completion and
acceptance by City in accordance with Article 4 hereof, except that after fifty percent
(50%) of the Work has been completed, the Contract Administrator shall reduce the
retainage to five percent (5%) of all monies previously earned and all monies earned
thereafter. Any additional reduction in retainage shall be in the sole discretion of the City
Manager or applicable Department Director provided that Contractor shall have no
ITB-2018-033-ND Page 5
entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit
of City. All requests for retainage reduction in writing in a separate stand-alone
document from monthly applications for payment.
3.9 City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
3.9.1 Defective work not remedied.
3.9.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
3.9.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
3.9.4 Damage to another contractor not remedied.
3.9.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
3.9.6 Failure of Contractor to provide any and all documents required by the Contract
Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 4
ACCEPTANCE AND FINAL PAYMENT
4.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection
and acceptance, City shall, within ten (10) calendar days, make an inspection thereof. If
City and Contract Administrator find the Work acceptable, the requisite documents have
been submitted and the requirements of the Contract Documents fully satisfied, and all
conditions of the permits and regulatory agencies have been met, a final payment shall
be made by the City. The acceptance of final payment shall constitute a waiver of all
claims by Contractor, except those previously made in strict accordance with the
provisions of the General Conditions and identified by Contractor as unsettled at the time
of the application for final payment.
ARTICLE 5
MISCELLANEOUS
5.1 A. The term "Contract Documents" as referenced herein shall include "Contract
Documents" shall mean this Contract (together with all exhibits, addenda, Contractor
Service Orders and written amendments issued thereto), and all Design Documents and
Construction Documents. The Contract Documents shall also include, without limitation
ITR-2018-033-ND Page 6
(together with all exhibits, addenda, and written amendments issued thereto), the
Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, surety payment bond
and performance bond, Special Conditions, and Contractor's response to the ITB. The
requirements of the Contract Documents, as such term is defined herein, are hereby
incorporated by reference as if fully set forth herein. This Contract is part of, and
incorporated in, the Contract Documents. Accordingly, all of the documents
incorporated by the Contract Documents shall govern any Contractor Service Order
issued under this Contract.
B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies,
tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and
conditions thereof, building code changes and government approvals, licenses, tests,
quality assurance and/or quality control inspections and related certifications, surveys,
studies, and other items, work and services that are necessary or appropriate for the
total construction, installation, and functioning of the Project specified in any Contractor
Service Order, together with all additional, collateral and incidental items, and work and
services required for delivery of a completed, fully functional and functioning Project as
set forth in the Contract Documents.
5.2 Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent provision elsewhere in the Contract Documents or under any
applicable law, regulation, statute or code requirement which is applicable to this Project,
the more stringent provision shall prevail and govern the performance of the Work.
5.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid
on a contract to provide any goods or services to the City, may not submit a bid on a
contract with the City for the construction or repair of a public building or public work,
may not submit bids on leases of real property to the City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
the City, and may not transact any business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for category two purchases for a
period of 36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the City purchase and may
result in Contractor debarment.
5.4 Independent Contractor
Contractor is an independent contractor under this Contract. Services provided by
Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In
providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
5.5 Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
ITB-2018-033-ND Page 7
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract.
5.6 Notices
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified.
The place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties designate the
following:
For City:
Matthew LePera
City of Miami Beach
Public Works Streets Department
1700 Convention Center Drive, 3rd Floor
Miami Beach, Florida 33139
Phone:305-673-7000 ext. 6828
Email: matthewlepera(a)miamibeachfl.gov
With copies to:
City Attorney •
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Metro Express Inc.
9442 NW 109 Street
Medley, FL. 33178
Attn: Ernesto Feliciano
Phone: 305-885-1330
E-mail: efi600(Eyahoo.com
5.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any portion of
the work required by this Contract except as authorized by Section 23 of the General
Conditions. Contractor represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience, education, or
a combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Work and to provide and perform such services to
City's satisfaction for the agreed compensation.
ITB-2018-033-ND Page 8
Contractor shall perform its duties, obligations, and services under this Contract in a
skillful and respectable manner. The quality of Contractor's performance and all interim
and final product(s) provided to or on behalf of City shall be comparable to the best local
and national standards.
5.8 Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Contract and,
therefore, is a material term hereof.
City's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
5.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
5.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Contract, Contractor and City hereby
expressly waive any rights either party may have to a trial by jury of any civil
litigation related to, or arising out of the Project. Contractor shall specifically bind
all subcontractors to the provisions of this Contract.
5.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City and Contractor.
5.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written. It is further agreed that no modification, amendment or alteration in the terms or
ITB-2018-033-ND Page 9
conditions contained herein shall be effective unless set forth in writing in accordance
with Section 5.11 above.
5.13 Indemnification
Contractor shah indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorneys 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.
The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions
of every name and description covered by Section 5.1 above which may be brought
against City whether performed by Contractor, or persons employed or utilized by
Contractor.
5.14 Inspection of Work
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.
5.14.1 Should the Contract Documents, Consultant's instructions, any laws, 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.
5.14.2 Re-examination 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.
Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of, the Contract Documents or to delay the Contract by failure to inspect the
materials and work with reasonable promptness without the written permission or
instruction of Consultant.
ITB-2018-033-ND Page 10
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.
5.15 Termination
Termination for Convenience. In addition to other rights the City may have at law and
pursuant to the Contract Documents with respect to cancellation and termination of the
Agreement, the City may, in its sole discretion, terminate for the City's convenience the
performance of Work under this Agreement, in whole or in part, at any time upon written
notice to the Contractor. The City shall effectuate such Termination for Convenience by
delivering to the Contractor a Notice of Termination for Convenience, specifying the
applicable scope and effective date of termination, which termination shall be deemed
operative as of the effective date specified therein without any further written notices
from the City required. Such Termination for Convenience shall not be deemed a
breach of the Agreement, and may be issued by the City with or without cause.
5.15.1 Upon receipt of such Notice of Termination for Convenience from the City, and
except as otherwise directed by the City, the Contractor shall immediately
proceed with the following obligations, regardless of any delay in determining or
adjusting any amounts due under this Section 5.15:
i. Stop the Work specified as terminated in the Notice of Termination for
Convenience;
ii. Promptly notify all Subcontractors of such termination, cancel all
contracts and purchase orders to the extent they relate to the Work
terminated to the fullest extent possible and take such other actions
as are necessary to minimize demobilization and termination costs for
such cancellations;
iii. Immediately deliver to the City all Project records, in their
original/native electronic format (i.e. CAD, Word, Excel, etc.), any and
all other unfinished documents, and any and all warranties and
guaranties for Work, equipment or materials already installed or
purchased;
iv. If specifically directed by the City in writing, assign to the City all right,
title and interest of Contractor under any contract, subcontract and/or
purchase order, in which case the City shall have the right and
obligation to settle or to pay any outstanding claims arising from said
contracts, subcontracts or purchase orders;
v. Place no further subcontracts or purchase orders for materials,
services, or facilities, except as necessary to complete the portion of
the Work not terminated (if any) under the Notice of Termination for
Convenience;
vi. As directed by the City, transfer title and deliver to the City (1) the
fabricated and non-fabricated parts, Work in progress, completed
ITB-2018-033-ND Page 11
Work, supplies and other material produced or required for the Work
terminated; and (2) the completed or partially completed Project
records that, if this Agreement had been completed, would be
required to be furnished to the City;
vii. Settle all outstanding liabilities and termination settlement proposals
from the termination of any subcontracts or purchase orders, with the
prior approval or ratification to the extent required by the City (if any);
viii. Take any action that may be necessary, or that the City may direct, for
the protection and preservation of the Project Site, including life safety
and any property related to this Agreement that is in the Contractor's
possession and in which the City has or may acquire an interest; and
ix. Complete performance of the Work not terminated (if any).
5.15.2 Upon issuance of such Notice of Termination for Convenience, the Contractor
shall only be entitled to payment for the Work satisfactorily performed up until the
date of its receipt of such Notice of Termination for Convenience, but no later
than the effective date specified therein. Payment for the Work satisfactorily
performed shall be determined by the City in good faith, in accordance with the
percent completion of the Work, less all amounts previously paid to the
Contractor in approved Applications for Payment, the reasonable costs of
demobilization and reasonable costs, if any, for canceling contracts and
purchase orders with Subcontractors to the extent such costs are not reasonably
avoidable by the Contractor.
Contractor shall submit, for the City's review and consideration, a final
termination payment proposal with substantiating documentation, including an
updated Schedule of Values, within 30 days of the effective date of termination,
unless extended in writing by the City upon request. Such termination amount
shall be mutually agreed upon by the City and the Contractor and absent such
agreement, the City shall, no less than fifteen (15) days prior to making final
payment, provide the Contractor with written notice of the amount the City
intends to pay to the Contractor. Such final payment so made to the Contractor
shall be in full and final settlement for Work performed under this Agreement,
except to the extent the Contractor disputes such amount in a written notice
delivered to and received by the City prior to the City's tendering such final
payment.
5.16 Termination of Agreement For Cause.
The City, through the City Manager, may terminate this Agreement for cause, upon
written notice to Contractor, in the event that the Contractor (1) violates any provision of
this Agreement or performs same in bad faith; (2) unreasonably delays the performance
of the Work or any portion thereof; or (3) does not perform the Work or any portion
thereof in a timely and satisfactory manner. In the case of termination for cause by the
City, the Contractor shall first be granted a fifteen (15) day cure period (commencing
upon receipt of the initial written notice of default from the City). The following
occurances shall be deemed sufficient grounds for termination for cause:
ITB-2018-033-ND Page 12
5.16.1 Failing to make payments to Subcontractors or Suppliers for materials or labor in
accordance with the respective Subcontracts and Purchase Orders;
5.16.2 Failing to perform any portion of the Work in a manner consistent with the
requirements of the Contract Documents or within the time required therein;
5.16.3 Failing to perform the Work with sufficient manpower, workmen and equipment or
with sufficient materials, with the effect of delaying the prosecution of the Work in
accordance with the Project Schedule and/or delaying completion of any Work
within the specified time;
5.16.4 Failing and/or refusing to remove, repair and/or replace any portion of the Work
as may be rejected as defective or nonconforming with the terms and conditions
of the Contract Documents;
5.16.5 A custodian, trustee or receiver is appointed for the Contractor, or the
Contractor becomes insolvent or bankrupt, is generally not paying its debts as
they become due or makes an assignment for the benefit of creditors, or the
Contractor causes or suffers an order for relief to be entered with respect to it
under applicable Federal bankruptcy law or applies for or consents to the
appointment of a custodian, trustee or receiver for the Contractor, or
bankruptcy, reorganization, arrangement or insolvency proceedings, or other
proceedings for relief under any bankruptcy or similar law or laws for the relief
of debtors, are instituted by or against the Contractor;
5.16.6 An indictment is issued against the Contractor;
5.16.7 Persistently disregarding laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
5.16.8 Fraud, misrepresentation or material misstatement by Contractor in the course of
obtaining this Agreement;
5.16.9 Failing to comply in any material respect with any of the terms of this Agreement or
the other Contract Documents.
Upon the issuance of a Notice of Termination for Cause, the Contractor shall:
i. Immediately deliver to the City all Submittals and Project-related records
in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any
and all other unfinished documents, and any and all warranties and
guaranties for Work, equipment or materials already installed or
purchased;
ii. If specifically directed by the City in writing, assign to the City all right,
title and interest of Contractor under any contract, subcontract and/or
purchase order, in which case the City shall have the right and
obligation to settle or to pay any outstanding claims arising from said
contracts, subcontracts or purchase orders;
ITB-2018-033-ND Page 13
iii. As directed by the City, transfer title and deliver to the City (1) the
fabricated and non-fabricated parts, Work in progress, completed
Work, supplies and other material produced or required for the Work
terminated; and (2) the completed or partially completed Project
records that, if this Agreement had been completed, would be required
to be furnished to the City; and
iv. Take any action that may be necessary, or that the City may direct, for
the protection and preservation of the property related to this
Agreement that is in the Contractor's possession and in which the City
has or may acquire an interest.
The rights and remedies of the City under this Section shall apply to all defaults that fail to be
cured within the applicable cure period or are cured but in an untimely manner, and the City
shall not be obligated to accept such late cure. The City reserves the right, in lieu of termination
as set forth herein, to withhold any payments of money which may be due or become due to the
Contractor until said defaults have been remedied. In no event shall Contractor be entitled to
any compensation for anticipatory profits or consequential damages as a result of the
discontinuance of any portion of the Work, or termination of this Contract. In the event it is
determined, for any reason, that Contractor was not in default under the provisions of this
Section, then the City's notice of termination for default shall automatically be treated as a
termination for convenience, and the rights and obligations of the City and Contractor shall be
the same as if the notice of termination had been issued pursuant to the termination for
convenience clause contained in Section 5.15. The Contractor shall have no further recourse of
any nature against the City for any wrongful termination.
5.17 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.
ITB-2018-033-ND Page 14
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
ATTEST: THE CITY OF MIAMI BEACH
/� i ) [ 4 R. „,/la
City j �- � i 't,.or
C \ iii< s
'. r
Ct '� On Pip Ea 7k' 3
Attest: sV'L, I ,ME 'O EXPRESS INC.
Signnattuure/Secretary - Signature/President
\.J_a1b N.\ic-,o b«e.s --ic::1' (to A . -1-ir sobcre.>
Print Name Print Name
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
I 1a_30- t&
City y,8 Date
ITB-2018-033-ND Page 15
EXHIBIT A
CONTRACTOR SERVICE ORDER
Contractor Service Order No.
TO:
PROJECT NAME: Project Name
DATE:
SCOPE OF SERVICES:
Per attached proposal dated , to be considered part of this Agreement.
Estimated calendar days to complete this work: Days
Original Service Order Amount: $
Change Order_to Service Order Amount:
(ALL CHANGE ORDERS MUST BE APPROVED IN WRITING $
BY THE CITY PRIOR TO THE WORK.)
Total From Previous Change Orders to Service Orders: $
Fee for this Service Order is Lump Sum/Not to Exceed amount $
of:
Total Agreement to Date: $
City's Project Administrator Date
Department Director Date Contractor. Date
(between $10,000-$50,000)
City Manager Date
(exceeding$50,000)
ITB-2018-033-ND Page 16
MIAMI BEACH 00710
EXHIBIT B: FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as work progresses (even
though there should be a default or a succession of defaults under the Contract
ITB-2018-033-ND Page 17
00710
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
ITB-2018-033-ND Page 18
00720
EXHIBIT C: FORM OF PAYMENT BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract'
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
[TB-2018-033-ND Page 19
00720
2.4. Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20 .
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
ITB-2018-033-ND Page 20
EXHIBIT D TO THE AGREEMENT
FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING
AND RESURFACING OF ASPHALT CONCRETE, AND STRIPING OF CITY STREETS
AND PARKING LOTS PURSUANT TO ITB 2018-033-ND
1. Definitions: Whenever the following terms or pronouns in place of them appear in the
Project Manual, the intent and meaning shall be interpreted as follows:
1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms
"Bid" and "Bid Submittal" are used interchangeably.
1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project,
acting directly or through a duly authorized representative.
1.3 Change Order: A written document ordering a change in the Contract Price or
Contract Time or a material change.
1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which
this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner of a construction project. In the
event City exercises its regulatory authority as a governmental body, the
exercise of such regulatory authority and the enforcement of any rules,
regulations, laws and ordinances shall be deemed to have occurred pursuant
to City's regulatory authority as a governmental body and shall not be
attributable in any manner to City as a party to this Contract.
1.5 City Commission: City Commission shall mean the governing and legislative
body of the City.
1.6 City Manager: City Manager shall mean the Chief Administrative Officer of
the City.
1.7 Contract: The part or section of the Contract Documents addressing some of
the rights and duties of the parties hereto, including but not limited to contract
time and liquidated damages.
1.8 Contract Documents: The official documents setting forth bidding
information, requirements and contractual obligations for the project and
includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders,
Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms,
General Conditions, Supplementary Conditions, Plans, Drawings, Addenda,
Award by the City Commission, Bonds, Notice of Award, Notices to Proceed,
Purchase Order(s), Change Order(s), Field Order(s), Supplemental
Instructions, and any additional documents the submission of which is
required by the Project.
1.9 Contract Price: The original amount established in the Bid Submittal and
award by the City, as may be amended by Change Order.
ITB-2018-033-ND Page 21
1.10 Contractor: The person or entity with whom the City has contracted and who
is responsible for the acceptable performance of the Work and for the
payment of all legal debts pertaining to the Work. All references in the
Contract Documents to third parties under contract or control of Contractor
shall be deemed to be a reference to Contractor.
1.11 Department: The Public Works Department, or any other City department
authorized to use any resulting agreement.
1.12 Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.13 Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
1.14 Plans and/or Drawings: The official graphic representations of this Project
which are a part of the Contract Documents.
1.15 Responsible Bidder: An offeror who has the capability in all respects to
perform fully the contract requirements, and the integrity and reliability which
will assure good faith performance.
1.16 Responsive Bidder: A person or entity who has submitted a bid which
conforms in all material respects to a solicitation. A bid or proposal of a
Responsive Bidder must be submitted on the required forms, which contain all
required information, signatures, notarizations, insurance, bonding, security, or
other mandated requirements by the bid documents to be submitted at the
time of bid opening.
1.17 Subcontractor: A person or entity having a direct contract with Contractor
including one who furnishes material worked to a special design according to
the Contract Documents, but does not include one who merely furnishes
Materials not so worked.
1.18 Surety: The surety company or individual which is bound by the performance
bond and payment bond with and for Contractor who is primarily liable, and
which surety company or individual is responsible for Contractor's satisfactory
performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.19 Task Order: At the request of the City, the Contractor shall furnish a Task
Order for any project under consideration. Each project shall have a project-
specific Task Order. The Task Order shall be approved by a City
representative. The Task Order shall stipulate the following:
• Fixed Project Costs. Project Cost shall be based on plans and
specifications provided by the City or field-verified measurements and
shall be in accordance with contract unit prices and other pricing
terms.
• Additional Services. The City anticipates that a significant portion of
the projects awarded pursuant to any continuing services agreement
ITB-2018-033-ND Page 22
resulting from this ITB shall be completed in accordance with the
prices established through the ITB. The City recognizes that there
may be instances when the need for services in addition to those
stipulated herein shall arise. In those cases, the City may negotiate
with the Contractor on a mutually agreeable price for the additional
services based on available industry pricing. The approval of the City
Manager shall be required for any additional services exceeding a
project aggregate of$50,000.
• Total Project Cost.
• Project Approach and Methodology. This shall include any necessary
phasing, logistical requirements, etc.
• Required Permits.
• Project Duration.
• Mobilization Plan.
• Project Manager& Contact.
1.20 Work: The construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by Contractor to
fulfill Contractor's obligations. The Work may constitute the whole or a part of
the Project.
2. Personnel Requirements: Superintendent must have at least approximately five (5)
years of experience in projects of similar design, scope, size and complexity. The
Project Manager must have at least approximately five (5) years of experience in
projects of similar design, scope, size and complexity.
Project Manual:
2.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
2.2. The Project Manual, along with all documents that make up and constitute the
Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when Consultant may authorize,
in writing, an exception.
2.3. 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.
2.4. 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.
3. 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
ITB-2018-033-ND Page 23
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 a well-known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or
to the laws or regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard specification, manual, code or
laws or regulations in effect at the time of opening of bids and Contractor shall comply
therewith. City shall have no duties other than those duties and obligations expressly
set forth within the Contract Documents.
4. Preliminary Matters:
4.1. Within five (5) calendar days prior to the pre-construction meeting, Contractor
shall submit to Consultant, for Consultant's review and acceptance, a project
schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and
monthly be prepared to discuss any:
1) Proposed changes to the Base Line schedule logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) Integration of changes into the schedule.
The Project Schedule shall be the basis of the CONTRACTOR'S work
and shall be complied with in all respects.
If CONTRACTOR'S Work becomes more than (30) days behind schedule
CONTRACTOR shall be required to submit a "Make-Up" schedule to
PROGRAM MANAGER for review and acceptance that demonstrates
"Catch Up" within thirty (3) days. CONTRACTOR shall provide, at
CONTRACTOR'S cost, the necessary additional labor and or equipment
necessary to make-up the lost time. Failure to provide a "Make-Up"
schedule or vigorously follow the "Make-Up" schedule shall be reason to
default CONTRACTOR.
4.1.1 After award but prior to the submission of the final 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.
4.1.2 A preliminary schedule of Shop Drawing submissions; and
4.1.3 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
ITB-2018-033-ND Page 24
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. -
Such prices shall be broken down to show labor, equipment,
materials and overhead and profit.
4.1.4 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.
4.2. .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 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.
4.3. 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. Within forty-five (45)
days after the Project Initiation Date set forth in Notice to Proceed No. 1, 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
must be acceptable to Consultant as to form and substance.
5. Performance 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.
5.1. Each Bond shall be in the amount of one hundred percent(100%) of the Contract
Price guaranteeing to City the completion and performance 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.
IT8-2018-033-ND Page 25
5.2. 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.
5.3. Pursuant to the requirements of Section 255.05(1)(a), 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.
5.4. 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 letter 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.
6. Qualification of Surety
6.1. Performance Bonds and Payment Bonds for projects over Two Hundred
Thousand Dollars ($200,000.00) :
6.1.1. 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.
6.1.2. 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 limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance
with Treasury Circular 297, revised September 1, 1978 (31 DFR Section
223.10, Section 223.111). Further, the surety company shall provide City
with evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
7. Labor and Materials:
7.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
ITB-2018-033-ND Page 26
7.2. 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.
8. 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.
9. 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 35.
These time extensions are justified only when rains or other inclement weather
conditions or related adverse soil conditions prevent Contractor from productively
performing 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.
10. Permits, Licenses and Impact Fees:
10.1. 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.
10.2. 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.
11. Resolution of Disputes:
11.1 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
ITB-2018-033-ND page 27
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 11.2. 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. AN non-
technical 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.
11.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notify the other
party in writing within 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.
12. Superintendence and Supervision:
12.1. 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, a full-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.
12.2. 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
ITB-2018-033-ND Page 28
for the day; the work being performed; 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.
12.3. 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 performed 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.
12.4. 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 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.
12.5. 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 perform the Work in accordance with the Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
13. Contractor's Right 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 11 hereof.
14. Assignment:
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 monies due or to
become due to it hereunder, without the previous written consent of the Mayor and City
Commission.
15. Differing Site Conditions:
ITB-2018-033-ND Page 29
In the event that during the course of the Work Contractor encounters subsurface 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 11. 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 Time for differing site conditions shall be allowed if made
after the date certified by Consultant as the date of substantial completion.
16. Plans and Working 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.
17. 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.
ITB-2018-033-ND Page 30
18. Contractor's Responsibility for Damages and Accidents:
18.1. 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 24.
18.2. 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
24.
19. Warranty:
Contractor warrants to Owner that all labor, materials and equipment furnished as part of
the Services under this Agreement are of the type and quality required by the Contract
Documents, new (unless otherwise required or permitted by the Contract Documents)
and installed in a good and workmanlike manner and otherwise in accordance with the
Contract Documents. Contractor further warrants that the Services will be free from
defects due to defective materials or workmanship for a period of one (1) year following ,
the City's final acceptance of the Services. Should any defects develop during the one-
year warranty period due to defective materials or workmanship, Contractor shall repair
or replace all defective or deficient Services at Contractor's sole cost and expense.
Should the Contractor fail to correct any deficiencies within thirty (30) days of written
notice by the City to cure, the City may, at its option, correct the deficiencies and charge
Contractor for the cost of such correction. Contractor agrees to pay such charges upon
demand.
This warranty is not limited by the provisions of Article 21 herein.
20. Supplementary Drawings:
20.1. 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.
20.2. 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.
21. Defective Work:
21.1. 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.
21.2. 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
ITB-2018-033-ND Page 31
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 Performance Bond. In the event of failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
21.3. 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 18 hereof and any claim regarding latent
defects.
21.4. Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
22. 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.
23. Subcontracts:
23.1. 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.
23.2. 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 City 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 performed.
23.3. Contractor agrees to bind specifically every subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of City.
23.4. Contractor shall perform the Work with its own organization, amounting to not
less than 70% percent of the Contract Price.
ITB-2018-033-ND Page 32
24. Separate Contracts:
24.1. 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.
24.2. 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 fit and proper for the
reception of Contractor's Work, except as to defects which may develop in other
contractor's work after the execution of Contractor's.
24.3. Contractor shall conduct its operations and take all reasonable steps to
coordinate the prosecution of the Work so as to create no interference or impact
on any other contractor on the site. Should such interference or impact occur,
Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
24.4. 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.
25. Use of Completed Portions:
25.1. 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.
25.2. In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
25.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area.
25.2.2. 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.
25.2.3. 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 coverage's and start of warranty for the occupied area.
ITB-2018-033-ND Page 33
25.2.4. 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 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.
25.2.5. 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.
26. Lands for Work:
26.1. 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.
26.2. 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.
27. Legal 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 interfere
in any way with traffic on railway, highways, or water, without the prior written consent of
the proper authorities.
28. Location and Damage to Existing Facilities, Equipment or Utilities:
28.1. 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.
28.2. 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
ITB-2018-033-ND Page 34
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.
28.3. 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.
28.4. All overhead, surface or underground structures and utilities encountered are to
be carefully protected from injury or displacement. All damage to such structures
is to be completely repaired within a reasonable time; needless delay will not be
tolerated. The City reserves the right to remedy such damage by ordering
outside parties to make such repairs at the expense of the Contractor. All such
repairs made by the Contractor are to be made to the satisfaction of the utility
owner. All damaged utilities must be replaced or fully repaired. All repairs are to
be inspected by the utility owner prior to backfilling.
29. 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 Consultants 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. 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.
30. 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.
ITB-2018-033-ND Page 35
31. Changes in the Work or Terms of Contract Documents:
31.1. 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.
31.2. 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.
32. Field Orders and Supplemental Instructions:
32.1. 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.
32.2. Consultant shall have the right to approve and issue Supplemental Instructions
setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Price or the Contract Time.
33. Change Orders:
33.1. 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.
33.2. All changes to construction contracts which exceed the Commission-approved
contingency 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 $50,000 or more shall be approved in advance by the Mayor and
City Commission. All Change Orders with a value of less than $50,000 shall be
approved in advance by the City Manager or his designee.
33.3. 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 11 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
ITB-2018-033-ND Page 36
the Change Order for determining the proposed adjustment in the Contract Price
or Contract Time.
33.4. On approval of any Contract change increasing the Contract Price, Contractor
shall ensure that the performance bond and payment bond are increased so that
each reflects the total Contract Price as increased.
33.5. Under circumstances determined necessary by City, Change Orders may be
issued unilaterally by City.
34. Value of Chance Order Work:
34.1. 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:
34.1.1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of
items involved.
34.1.2. By mutual acceptance of a lump sum which Contractor and City
acknowledge contains a component for overhead and profit.
34.1.3. 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.
34.2. 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.
34.2.1. 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 performing the work after
regular working hours, on Sunday or legal holidays, shall be included
in the above to the extent authorized by City.
34.2.2. Cost of all materials and equipment furnished and incorporated in the
work, including costs of transportation and storage thereof, and
ITB-2018-033-ND Page 37
manufacturers' field services required in connection therewith. All
cash discounts shall accrue to Contractor unless City deposits funds
with Contractor with which to make payments, in which case the cash
discounts shall accrue to City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment
shall accrue to City and Contractor shall make provisions so that they
may be obtained. Rentals of all construction equipment and
machinery and the parts thereof whether rented from Contractor or
others in accordance with rental agreements approved by City with
the advice of Consultant and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any
such equipment, machinery or parts shall cease when the use thereof
is no longer necessary for the work.
34.2.3. Payments made by Contractor to Subcontractors for work performed
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.
34.2.4. 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.
34.2.5. Supplemental costs including the following:
34.2.5.1. 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.
34.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances,
office and temporary facilities at the site and hand tools
not owned by the workmen, which are consumed in the
performance of the work, and cost less market value of
such items used but not consumed which remains the
property of Contractor .
34.2.5.3. Sales, use, or similar taxes related to the work, and for
which Contractor is liable, imposed by any governmental
authority.
IT8-2018-033-ND Page 38
•
34.2.5.4. Deposits lost for causes other than Contractor's
negligence; royalty payments and fees for permits and
licenses.
34.2.5.5. The cost of utilities, fuel and sanitary facilities at the site.
34.2.5.6. 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.
34.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
34.3. The term "cost of the work" shall not include any of the following:
34.3.1. 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, all of which are to be considered
administrative costs covered by Contractor's fee.
34.3.2. Expenses of Contractor's principal and branch offices other than
Contractor's office at the site.
34.3.3. Any part of Contractor's capital expenses, including interest on
Contractor's capital employed for the work and charges against
Contractor for delinquent payments.
34.3.4. 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.
34.3.5. 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.
34.3.6. Other overhead or general expense costs of any kind and the cost of
any item not specifically and expressly included in Section 38.2.
34.4. Contractor's fee allowed to Contractor for overhead and profit shall be
determined as follows:
34.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
ITB-2018-033-ND Page 39
34.4.2. A fee based on the following percentages of the various portions of the
cost of the work:
34.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2,
Contractor's fee shall not exceed ten percent(10%).
34.4.2.2. 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
34.4.2.3. 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.
34.5. 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.
34.6. 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.
34.7. 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.
34.8. 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.
34.8.1. Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
34.8.2. 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.
34.9. 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."
ITB-2018-033-ND Page 40
•
35. Notification and Claim for Change of Contract Time or Contract Price:
35.1. 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 10 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.
35.2. 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 therefore 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, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God.
36. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor
shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City or its
Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay, in accordance with and
to the extent specifically provided above.
ITB-2018-033-ND Page 41
37. Excusable Delay; Compensable; Non-Compensable:
37.1 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 Delay. Contractor shall document its claim for
any time extension as provided in Article 35 hereof.
Failure of Contractor to comply with Article 35 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 Delay 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 interference
on the part of City or its agents. In no event shall Contractor be
compensated for interim delays which do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by Contractor shall be limited to the
actual additional costs allowed pursuant to Article 33 hereof.
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 one hundred dollars ($100) 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.
IT8-2018-033-ND Page 42
38. Substantial Completion:
When Contractor considers that the Work, or a portion thereof designated by City
pursuant to Article 25 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 ail of the Work in
accordance with the Contract Documents. Warranties required by the Contract
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.
39. 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.
40. Shop Drawings:
40.1. 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.
40.2. Within thirty (20) 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 list 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.
40.3. After the approval of the list 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.
ITB-2018-033-ND Page 43
40.4. Contractor shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
40.5. 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 Documents.
40.6. Consultant shall review and approve Shop Drawings within seven (7) 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.
40.7. No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate
the design. It is Contractor's responsibility to assemble the Shop Drawings for
all such interconnecting and/or interdependent items, check them and then
make one submittal to Consultant along with its comments as to compliance,
noncompliance, or features requiring special attention.
40.8. 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.
40.9. 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.
40.10. Contractor shall keep one set of Shop Drawings marked with Consultant's
approval at the job site at all times.
41. Field Layout of the Work and Record Drawings:
41.1. 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.
ITB-2018-033-ND Page 44
41.2. Contractor shall maintain in a safe place at the Project site one 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.
41.3. 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.
42. Safety and Protection:
42.1. 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:
42.1.1. All employees on the work site and other persons who may be
affected thereby;
42.1.2. All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site; and
42.1.3. 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.
42.2. 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 24 hereof.
42.3. 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.
I1B-2018-033-ND Page 45
43. 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.
44. Payment 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 performed 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.
45. Project Sign:
Any requirements for a project sign shall be paid by the Contractor as specified by City
Guidelines.
46. Hurricane Precautions:
46.1. 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
City, shall take all precautions necessary to secure the Project site in response
to all threatened storm events, regardless of whether the City or Consultant has
given notice of same.
46.2. - Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
46.3. Additional work relating to hurricane warning or alert at the Project site will be
addressed by a Change Order in accordance with Section 33, General
Conditions.
46.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the
Contractor to additional Contract Time as noncompensable, excusable delay,
and shall not give rise to a claim for compensable delay.
47. 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 therefore as Consultant shall determine to be just.
ITB-20113-033-ND Page 46
48. 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.
49. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
1. 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 detivery.Contractor shall not engage in or commit any discriminatory practice
in violation of City of Miami Beach Ordinance No 92.2824 in performing any services
pursuant to this Agreement.
2. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-
discrimination clause contained in Section 202, Executive Order 11246, as amended
by Executive Order 11375, relative to equal employment opportunity for all persons
without regard to race, color, religion, sex or national origin. In accordance with the
City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer
shall prohibit discrimination by reason of race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, and age
or disability.
50. 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.
ITB-2018-033-ND Page 47
51. Performance Evaluations:
An interim performance evaluation of the successful Contractor may be submitted by the
Contract Administrator during construction of the Project. A final performance evaluation
shall be submitted when the Request for Final Payment to the construction contractor is
forwarded for approval. In either situation, the completed evaluation(s) shall be
forwarded to the City's Procurement Director who shall provide a copy to the successful
Contractor. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Contractor for future bids with the City.
52. Occupational Health and Safety:
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
a. The chemical name and the common name of the toxic substance.
b. The hazards or other risks in the use of the toxic substance, including:
i. The potential for fire, explosion, corrosion, and reaction;
ii. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as being
aggravated by exposure to the toxic substance; and
iii. The primary routes of entry and symptoms of overexposure.
c. The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the toxic
substances, including appropriate emergency treatment in case of overexposure.
d. The emergency procedure for spills, fire, disposal, and first aid.
e. A description in lay terms of the known specific potential health risks posed by
the toxic substance intended to alert any person reading this information.
f. The year and month, if available, that the information was compiled and the
name, address, and emergency telephone number of the manufacturer
responsible for preparing the information.
53. Environmental Regulations:
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete
history of all citations and/or violations, notices and dispositions thereof. The
nonsubmission of any such documentation shall be deemed to be an affirmation by the
Bidder that there are no citations or violations. Bidder shall notify the City immediately of
ITB-2018-033-ND Page 48
notice of any citation or violation which Bidder may receive after the Bid opening date
and during the time of performance of any contract awarded to it.
54. "Or Equal" Clause:
Whenever a material, article or piece of equipment is identified in the Contract
Documents including plans and specifications by reference to manufacturers' or vendors'
names, trade names, catalog numbers, or otherwise, City, through Consultant, will have
made its best efforts to name at least three (3) such references. Any such reference is
intended merely to establish a standard; and, unless it is followed by the words "no
substitution is permitted" because of form, fit, function and quality, any material,
article, or equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable provided the
materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in
substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT.
ITB-2018-033-ND Page 49
ATTACHMENT A
RESOLUTION COMMISSION ITEMS AND COMMISSION
MEMORANDUM
Coversheet Page 1 of 2
Competitive Bid Reports-C2 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM: Jimmy L.Morales,City Manager
DATE: July 25,2018
SUBJECT:REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB)
NO. 2018-033-ND FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION,
MILLING AND RESURFACING OF ASPHALT CONCRETE,AND STRIPING OF CITY STREETS AND
PARKING LOTS.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City
Manager's recommendation pertaining to bids received, pursuant to ITB 2018-033-ND for the Purchase of Concrete
Curbing/Sidewalk Construction. Milling and Resurfadng of Asphalt Concrete, and Striping of City Streets and Parking Lots
ANALYSIS
In order to establish a contract for the purchase of concrete curbing sidewalk construction, asphaltic
concrete/related materials, and the striping of city streets and parking lots, on April 13, 2018, the City issued an
Invitation to Bid 2018-033-ND (the "ITB"). The purpose of the ITB is to establish a push button contract, by
means of sealed bids, for the purchase of concrete curbing sidewalk construction, milling and resurfacing of
asphalt concrete, and striping of City streets and parking lots. The City intends to pre-qualify multiple contractors
to be eligible for future work. The purpose of this ITB is to establish fixed unit pricing for a wide range of items or
services that may be required for future work. When a specific scope of work is required, the requesting
department will select the vendor that has provided the lowest cost based on the unit prices established
pursuant to the ITB. These types of contracts are used extensively by transportation authorities counties and
municipalities to assure that required work is being expedited while assuring the lowest overall cost for the
projects.
ITB PROCESS
The ITB was issued on April 13, 2018, with bid opening date of May 14, 2018. The Procurement Department
issued bid notices to 347 companies utilizing www.publicpurchase.com website. 38 prospective bidders
accessed the advertised solicitation. The notices resulted in the receipt of three (3) responses from: CEEPCO
Contracting, LLC. ("CEEPCO"), Metro Express, Inc. ("Metro Express"), and Team Contracting, Inc. ("Team
Contracting'). See tabulation sheet (Attachment A).
In its due diligence, the Procurement Department found that CEEPCO, Metro Express, and Team Contracting
met the requirements of the ITB, including:
Concrete Curbing/Sidewalk Construction and Milling and Resurfacing of Asphalt Concrete
- Prospective Bidder must be a State of Florida Certified or a Miami Dade County Licensed General
Contractor.
Striping of City Streets and Parking Lots
- Prospective Bidder must be a State of Florida Certified or a Miami Dade County Licensed General Contractor
or Miami Dade County Licensed Paving Engineer.
The three (3) bidders have been deemed responsive to the ITB requirements. A brief description of each
proposer follows.
Metro Express is an incumbent on the City's current contract for asphalt-related materials and milling and
resurfacing of asphalt concrete services. To date the Public Works Department views its workmanship to be
excellent.
Team Contracting is an incumbent on the City's current contract for concrete curbing/sidewalk construction
https://miam ibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Iteml... 7/24/2018
Coversheet Page 2 of 2
services to the City. To date the Public Works Department is satisfied with the service being provided.
CEEPCO Contracting, LLC. Is a design-build minority owned consulting firm that provides high quality technical
support and services to private and commercial organizations as well as government agencies. References
indicate satisfaction with services provided.
CONCLUSION
As previously stated, award of the ITB will establish a pool of prequalified firms that have submitted fixed unit
pricing for a wide range of items or services that may be required for future work. While the actual lowest bidder
may vary by item, when a specific project is to be undertaken, staff will utilize the total of the unit prices
submitted by each bidder for the required areas of work to identify the overall lowest total cost contract for the
project. These types of contracts, known as push button contracts, are common in the industry and used
extensively by agencies such as the Florida Department of Transportation. They are innovative ways to expedite
work while assuring the City is benefiting from pricing established through competitive solicitations.
Therefore, after reviewing the bids received and the evaluation of staff, I recommend that the Mayor and City
Commission of the City of Miami Beach, Florida, approve the award of a contract, pursuant ITB 2018-033-ND, to
CEEPCO Contracting. LLC., Metro Express, Inc., and Team Contracting, Inc., as responsive, responsible
bidders to the ITB; and further authorize the Mayor and City Clerk to execute the contracts.
KEY INTENDED OUTCOMES SUPPORTED
Build And Maintain Priority Infrastructure With Full Accountability
FINANCIAL INFORMATION
Grant funding will not be utilized for this project.
Amount 1 $50,000 Account 1 425-0410-000343-29-421-513-00-00-00
Amount 2 $50,000 Account 2 425-0420-000342-29413-513-00-00-00
Amount 3 5145,000 Account 3 011-0840-000325-29-403-521-00-00-00
Amount4 $143806 Account 187-0810-061357-00-010-530-00-00-00-
26700
Amount 5 $248,047 Account 5 187-0815-061357-00-410-530-00-00-00-
29810
Total $636,853
Legislative Tracking
Public Works/Procurement
ATTACHMENTS:
Description
o Attachment A
https://miam ibeach.novusagenda.cora/agendapublic/CoverSheet.aspx?Iteral... 7/24/2018
•
A TTA CH M ENT A
CEEPCO Contracting,LLC I Metre Express,Inc. I Team Contracting,Inc
CONCRETE CURBING SIDEWALK CONSTRUCTION
Total Total Total
hen Description Quanthy UM unit Cow (Gowan_X_ ntiI_Cost) Unit Con (Ouamlry Unit_Cost) unit Cort (Ouannty_Xj nit_Cos9
I Remove and Replace 4"Concrete Sidewalk 3,000 SF $6.00 513.000 00 $4.50„ S13.590.00 57.50 $22.800.00
Remove and Replace 4'Concrete Snew3'k
with additional equipment no dump ruck 3,000 SF 8675 520,250.00 3475 $1425000 $7.10 621 30000
2 ormntalrer may be used) +
3 Remove aid Replace 6"Oaxrete Sidewalk 3.000 SF $675 $2025000 $5.10, $15,300.00 $7.60 522.500.00
Remove and Reda;e o'Concrete Sidewalk
+nth addition equipment(where no dump Kick 3.000 SF $725 52.750.00 $545 $1035.00 57.10 $2'.30a0a
a air container may be used) 4
5 Remove and S
Replace 24' 'Cut8 Gutter 1.000 LF 523.50 32350000 $17.50,. 517500.0 $3500 $35.50.00
6 Remove and Replace 35002'Cut 8 Gutter 1.003 LF $24.00 $24.0000.00 $21.50 $21,50000 $35.00 $3501000
7 Remove and Replan TOY'Curb 1.000 LF $20.50 520.40000 $13.00 / S13,000.00 $16.00 $16.000.00
Can in Place Amencan OisabiliesAct 1ADE 40 Eq $30000
e Mats Yellow/Gray $12000.00 5390.000. $1203.00 523000 58,660.90
g Surface Apdied ADA Mats YelbwiG2y 40 EA $25.00 510000.00 $300.00, $1203.00 $1060143 $6,400.00
10 Consfct 4"Concrete Sidewalk 3,000 SF $5.70 51710.00 $4.50 / $13500.00 $6.80 320.40)03
Construct 4'Concrete Sidewalk wtd aldlAona
equipment lwdere no dump buck or container 3.000 SF $6.00 $16,60000 $4.50 $ 513500.00 $6.70 520,100.00
II may 00 used)
12 Constructs Concrete Sidewalk 3.000 SF $6.50 $19500.00 $al0 a 515,300.00 5670 82010000
Conslmot 5'Concrete Sidewalk with adilional
equipment(where no dump Puck or rontSner 3.000 SF $695 52035000 55.45' $16350.00 57.30 521.900.00
13 may beused)
14 Const 18'Cut 8 Gutter 3,000 LF $19.50 $50.:00.00 51703 551.000.00 310.00 530.660.00
15 Zonstruct 24'Cut a Gutter 3203 LF $22.50 $67500.03 $19.00/ 553000.00 51600 548.000.000
16 Constant 30'Curb 4GuMr 3,05 LF $2253 557503.00 821.00./ $63,003.0) $1800 $51,053.03
17 Construct 6"xir Concrete Cut 3,0000 LF $195 $55,500.00 51300/ $39 MOO $10.00 530.0000.00
18 Construct Pedestrian Ramp 12 EA $400.00 $4.@500 52.53.04 $5000.00 $I,50.00 $18.000.0)
Upcharge for Extra Strength Concrete 4,000
19 0001.010 OF 8040 5400.00 $1.50/ 81,50000 $1.00 51.000.00
p Addition of Miami Seah Red Candng Mi&Nre 4,000 CV 315.00 $6905.00 $2001 $8.0010.00 $5.00 $10.103.03
21 Pavement ResMadon 3,000 5F $2.50 17500.00 $5.00 / $15,000.00 54.00 $12000.00
22 Fumisn and install New flavors 1,05 SF $9.50 $9500.00 $6.00' $605.00 51100 311.01000
21 Remove and Reset Existing Pavers 1.000 SF 54.25 54.25100 53.0/ $3003100 $11.00 511.000.00
24 Furnish and Instal l'Meter Box 50 FA 520,53 $1,02500 $20.001 5111,0.13.3 5583.00 $34,009.00
25 Famish and Install 15"Meter Son 50 EA $4250 $2,125.00 $25.007 $12504100 $8000.03 500.0.00.00
26 Furnish and install 7 Meter Box 50 EA 122&00 $11,25000 5300.09/ $15,000.00 $78000 539,0300
27 Furnish and Install 3'Meter 320 50 EA $275.3 $13150.00 5500.00 $25000.00 $1,23.00 500,00000
18 Furnish aid Install Sewer Clea Out Box 50 EA $32500 $16201.00 $50.00 515,( ..00 $600.00 55,000.5
29 Fumisn and Install Electrical Box 10 EA 527500 52.750.00 $30000 / $3000.5 5700.00 $730.00
x Install Hand Rails 100 LF $4.50 1450.00 1300 156000.00 $100.00 $10.00000
31 Remove and Replace Existing Pavers 1,000 SF $13.50 113500.00 $3.50 s/ 53500.00 $11.00 511,00000
ATTACHMENT A
CEEPCO Cmtractng,LLC I Metro Express.Inc. I Team Cmtaang,Inc.
MILLING 8 RESURFACING OF ASPHALT CONCRETE
Total Total Iota/
kern Description Quantity UM Unit Cost (91uanbty_x_unil_Cosp Unit Cost (Quanby_x Unit_Cosp Unit Cost (Quaiiyj Unit_Cosg
32 Rework Umerock Base J-3 Inches 25,000 CY $18.40 $460.00100 $11.001 5275000.00 No Bid Na Bid
53 Remove and replace S nch Lmemck base 25,000 CY $25.00 4615,000.e0 $12.0G"I 5300,OLG.00 No Bid No BN
34 New Limercck 9lnch base 25.300 CY 2200 $55010000 $15.00 S3251003.00 No Bid No Bid
35 Roads-0.003 Tons Leveling Course 1.000 TN 511600 5176.003➢9 $140.00 5140,00000 No Bio No 34
36 Roads-200 Tons Levelmq Course 1,000 TN $116.00 $116,00.30 5140.00 $140000.00 No Bid No Bid
31 ntersections-0-200 Tons eveling Course 500 TN 3116.00 553.000 00 $14600 $1000000 No Bid No Sid
35 Intersections-200-r Tons Leveling Course 500 TN $1 mix $58. .eo $140.00 570.03000 No did No Bid
39 PICOT Tape III-Asphalt Concrete 12,4009 TN $116.00 51.392,003.00 SI 50.00 51.800.1)00.00 No Bid No Bid
40 Adjust Manhole ablor Valve Boxes 50 EA 31,60C.00 $80,000.00 $75.00 $8,150.00 No Bid No Bid
Si Adjust Manhole 50 EA stektoo $80903.00 $33.00 SI0000.03 No Bid No Bid
42 Redixe Manhole Rim and Cover 50 EA $4,500,00 $225,00000 $20000 SI 0,000000 No Bid No 3.1
43 Adjust Valve Boxes 50 EA $215.00 $1375300 5175.00 $9.79.00 No Bid No Bid
44 Retlace Valve Box CmMRlser 50 EA $590.00 52.5x.00 $11503 $8)5000 No Bid No Bid
45 Replace Traffic Loops(d68loops) 10 E1 $61500 $6,793.00 $100.000.130I $1.003.000.00 No 900 No Bd
Saw Cuffing&PermanentalB PakM1ing
gatBase d
Roller Cpmpytion-f'Removal 200,000 LF $5.9 511[0.00030 7050 $900.X'0.0 No Bid No Bid
as
Saw Cutting B Permanent Patching n/Base d 200200.000IF $5.50 $1,ICO.Ofq.00 46.9
61 Roller Compallon-Y Removal B Patching ✓ $1.300.000.00 No3id No Rd
4s Milling Existing Asphalt Concrete-1'Cut 1$200 SY $1350 516200000 $120 A. $21,600.00 No Bid No Bid
49 Milling Eristwg Asphalt Concrete-P'Cul 12.000 5Y $14.50 5114,000.00 32.508 333.300.00 No Bid No 3d
50 6Ailiing Exiadng Asphalt Concrete-3'Cut 12000 SY 515.50 $186,0000J $3.00 / $46,800.00 No Bid No Bid
51 Milling Esling Pannell Concrete-4'Cul 12.000 SY 366.50 SI98000.CD $4.25 I $51,000.00 No Bid No Bid
STRIPING OF CITY STREETS No Bid Na Bid
52 Themoplastic 4'Solid Ye4bwtMiite 5.280 LF $150 $13.480.00 $075 ' 53960:93 No Bid 'k Bid
53 4'Solid YellowiwN@Pant 5280 LF $3.50 5184x.00 30.75 $3,330.00 No Bid No Bid
54 Themoplastc 4'Skip Whne 5,200 L= $39 $18480.00 $1.00 $5280.00 No Bid No Bid
55 Thernoplashc 4'Skip Yellow 5.280 LF $1550 $18480.00 $1.00 $5,260.00 No Bid No Bid
56 4'Slop YeNWwWlh4ile Paint 5,260 LF $250 513210.00 $0.40 $2,112.00 No Bid No Bid
51 Themoplaadc 6'Solid White 5,280 IF $150 $10,480.00 $1.20 $6.336.00 No Bid No Bid
55 Rampplaspc 6'Solid Yellow 5,280 LF $150 $18480.00 $1.20 $6.33600 No Rid No Bid
so 6'Soli YelbwrWhite Pant 5,260 t$ $29 51120000 50.50 $26440.00 No Bid No Rid
600 Themoplasoc 6'Skip While 5.250 IF $3.50 $10.480.00 51.20 $6136.00 No Bid No Bid
61 Themcplsstic 6"Skip Yellow 5,080 LF $150 518.480 00 51.20 56.336.00 No BN No Bid
62 6'Skip YNlowJATlle Paint 5,280 IF $250 $11200 00 $0.50 $2,340.00 No did Na Bid
63 Themoplaztc 8'Solid White 5,280 LF $3.9 $1848a00 51.00 $8,148,00 No Bid Na Bid
64 Themoplastic 8'Solid Yellow 5,280 LF $150 $18480.00 $1.65 $8112.0 No Bid No Bid
65 8"Solid Yellow/White Paint 5,280 LF 52.9 513230.00 $110 $5.808.00 No Bid No Bid
66 Tlemoplasoc lY Solid While 5,280 LF $3.50 SI 8.480.00 $200 $10.560.00 No Bid No Bid
67 Temcplashc 17 Solid Yellow 5.280 LF 5150 $18,480.00 $2.00 $10,560.00 No Bid No Bid
66 12"Solid YNWWIWhite Paint 5,280 LF $29 $13,2).X' $0.90 $475200 No Bid No Rd
69 ThemodasSC IT Solid White 5,200 IF 5350 $16480.00 5260 $13126.00 No Bid No Bid
70 Themoplasbic lB'Solid Yellow 5.280 LF 53.50 516,48600 $269 $13,72800 No Bid No Bid
71 18'Solid YNIow,Ihi Pahl 5280 LF USC $13.200.00 5120 $6.336.00 No Bid No Bid
12 Thenwgastic 24'Solid White 5,280 LI $150 SI8480 00 5190 $20,592.00 No Bid No Bid
73 'hemoplasoc 24"Solid Yellow 5280 LF 5350 51848000 4190 520592.00 No Bid No Rid
ATTACHMENT A
CEEPCO Contacting,LLC Metro Express,Inc. Team Contracting,Inc.
Total Total Total
Mem Description Quantiy UN Unit Cop ICuareiy XUmLCwq unit Cost (Oumdy_X Unlit_Cost) unit Cost (Ouanlay X Unit)CaU
74 24'Sdid YellowAhile Paint 5.230 LF $250 313.20000 6110 3/6,363 DO No Bid No Bio
75 RPMs(Road Reflector, 500 FA 5650 33,25100 55.09 $250)00 No Bid No Bid
Themmgasuc Arrows 14'(Std.MDC B FWOT
76 Specs) 50 FA 530.90 51.545.00 390.00 No NO Bitl No Bid
Arrows II'(Sr.MDC&FOOT Soecsi Philo 50 EA 59.$0 313(300
11 Paint $40.00 52,00050 No 316 No Bid
88 Thermoplastic Handicap Logo&Bile Stripe 5 EA $400.00 52,000'0.00 3200.00 11000.00 No Bid NoBP
ry Handicap Logo 8 BM1e Snipe Paint 5 EA $32500 5'.52500 5110.00 5550.00 No Bid No Bq
Removal of ALL SRWg Thermo SNIP'S
30 pnrmblesO 1000 SF 53.00 53.500,00 59.0040.000.5 No Bid NO BW
81 Bicycle Pavement MaMing 50 EA $50.90 32.545.00 5175.00 38750.00 NO Bid No Bid
B2 Thermoplastic Messages 50 EA 59).90 52.545.00 $275.00 SI 375640 No Bid No Bid
83 Paint Messages 50 LA 35090 $2.545.00 5120.00 $6400.00 No Bid No Bid
84 elnstallaton of New Traffic Sign to EA 53550.00 5350000 5275.00 32]50.00 No Bid No Oo
STRIPING OF PARKING LOTS
85 Thermoolastic Stno Bars 52'WIC) 150 LP 53.00 5'.20,03 $150 5525.00 No BP No BN
86 Stop Bas(12'elide(White Pain 100 LF $4.50 467500 $1.50 3225.00 No Bid No Bid
Thermoprste ARONs IP(SM.MDC 8 FDOT
87 Sceosl 50 FA 550.90 51.54500 5915 54.600.00 No Bid No BN
Arrows I4"(SM.MDC 8 FOOT Specs(White
86 Paint 50 EA 527.50 51375.00 $40.00 52.000.00 No Bid No Bid
89 Thermoplastic Cross Hashing It2) 200 LF $7.50 31500.00 5225 $450.80 No Bq NO Sid
90 Cross Hatching Or;White Paint 200 LA 54.50 5900.00 $0.90 5180.00 No Bid No Bid
91 Themopastic Handicap Logo&Blue Stripe 30 EA $350.00 510503.00 5200.00 $6,00100 No Bid NO Bid
92 Handicap Logo&Blue Since Pant 30 EA $315.00 59450.00 $11000 $3.300.00 No Bid No Bb
93 Tnermepauc Disable Cross Hotting 14 I60 EA 35250 38400.00 $100.00 amour) No Bid No Bid
94 Disable Cross Habiting(4")PSnt 160 FA $27.50 54,400.00 9500 512,00000 No B1O No Bid
95 Wheel Stop Installation 200 EA $31.50 $)500.00 525.00 5500000 No Bid No Bid
96 Installation of New franc Sign 10 EA 5325.00 33.25000 59500 52.750.00 No Bid No Bid
ATTACHMENT B
INVITATION TO BID (ITB)
AND ADDENDUMS
MI AMI B EAC HProcurement Department
1755 Meridian Ave.. 3rd Floor, Miami Beach, Florida 33139
www,m i a m i be ach f 1.g o v
ADDENDUM NO, 1
INVITATION TO BID NO.2018-033-ND
FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF
ASPHALT CONCRETE,AND STRIPING OF CITY STREETS AND PARKING LOTS(the ITB)
May 7,2018
This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by
stnkethrough and additions are underlined),
I. ITB DUE DATE AND TIME. The deadline for receipt of submittals is extended until 3:00 p.m., Monday, May 14.
2018 at the following location:
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3b Floor
Miami Beach, Florida 33139
Late submittals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other
delays for which the Proposer is solely responsible.
IL REVISION: Delete in its entirety reference to the cost of law enforcement officers being provided as a pass-through cost
only (Section 1.5.8.4, on page 39 of the ITS, Section 2.1.16.4, on page 52 of the ITB, and Section 2.2.4.3 on page 56 of
the ITS).
III. REVISION: Delete Appendix E, Cost Proposal Form, on page 61-64 of the ITB, in its entirety and Replace with Revised
Appendix E, Cost Proposal Form, attached hereto as Exhibit A. THE REVISED COST PROPOSAL FORM IS REQUIRED
TO BE SUBMITTED WITH THE PROPOSAL.
FAILURE TO SUBMIT THE REVISED COST PROPOSAL FORM WITH THE PROPOSAL SHALL
DEEM PROPOSER NON-RESPONSIVE.
IV, ATTACHMENTS.
Exhibit A:Revised Appendix E, Cost Proposal Form.
V. RESPONSES TO QUESTIONS RECEIVED.
01: Does the city have any provisions for contract price adjustments in the event of price escalations for concrete
and steel?
Al: Please refer to Appendix D,Special Conditions,2.1 Option to Renew with Price Adjustment.
Q2: Different municipalities with similar contracts include a mobilization line item for concrete work. It has been
brought to my attention that numerous city departments utilize the concrete sidewalk contract to either replace
small amounts of sidewalk flags or install site furnishing pads that are 2 cubic yards or less. Would the city
consider including a mobilization line item for such occurrences?
A2: The unit cost provided by the bidder in Appendix E,Cost Proposal Form, should include all labor,
material,equipment, supervision, mobilization and demobilization costs.
ITB No.2018-033-ND
Addendum#1
•
5/7/2018
MIAMIB EACHProcurement Department
1755 Meridian Ave, 3ro Floor, Miami Beach, Florida 33139
wwwmiamibeachfl.gov
Q3: Will the City be awarding contractors by bid group or individual line items?
A3: Following the review of bids and application of vendor preferences, the lowest responsive,
responsible bidder(s) meeting all terms, conditions, and specifications of the ITS will be
recommended for award by item, bid group, or for the entirety of all bid Items, as deemed In the best
interest of the City.
Q4: Will sign and sealed shop drawings be required for railings?
A4: Signed and sealed shop drawings will be required for railings.
Q5, Will certified MOT plans be reimbursed?
A5: Please refer to Section IL of this addendum. The unit cost per line item shall include all labor,
material, equipment, supervision, mobilization and demobilization costs, maintenance of traffic
including off duty police officers, If necessary, and transportation necessary for concrete
•
curbing/sidewalk construction on an as-needed basis for the City of Miami Beach in accordance with
the bid specifications.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the
attention of the individual named below, with a copy to the City Clerk's Office at RataelGranado@miamibeachfl.gov
Contact: Telephone: Email: •
Natalia Delgado 305-673-7000 ext. 6263 nataliadelgado(Dmiamibeachfl,gov
Proposers are reminded to acknowledge receipt of this addendum as part of your ITS submission. Potential proposers that
have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"
questio naire with the reason(s)for not submitting a proposal.
Si eel ' "`C / '
Al Den'
P ocure t Director
PLEASE BE REMINDED THAT THE REVISED COST PROPOSAL FORM IS REQUIRED TO BE
SUBMITTED WITH THE PROPOSAL.
ITB No. 2018-033-ND
Addendum#1
5/7/2018
,
MIAMI B EACHProcurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www,miamibeachh.gov
REVISED
APPENDIX E
COST PROPOSAL FORM
Failure to submit Appendix E,Cost Proposal Form,in its entirety and fully executed by the deadline established for the
receipt of proposals will result in proposal being deemed nonresponsive and being rejected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery
delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been
exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically
or, if manually, in ink. Cost Proposal Forms (Appendix E)completed in pencil shall be deemed non-responsive.
All corrections on the Cost Proposal Form (Appendix E) shall be initialed.
Tote
Item Description I Quantity UIM Unit Cost Quantity x_umt Cost)
CONCRETE CURBING/SIDEWALK CONSTRUCTION-Contractor proposes to furnish all labor,material,equipment,supervision,
mobilization and demobilization costs, maintenance of traffic including off duty police officers, if necessary, and transportation
necessary for concrete curbing/sidewalk construction on an as-needed basis for the City of Miami Beach in accordance with the
bid specifications.
1 Remove and Replace 4'Concrete Sidewalk 3,000 SF i $ $
Remove and Replace 4'Concrete Sidewalk '
with additional equipment(where no dump
2 truck or container may be used) 3,000 SF $ $
3 Remove and Replace 6"Concrete Sidewalk 13,000 SF $ $
Remove and Replace 6"Concrete Sidewalk '
with additional equipment(where no dump
4 truck or container may be used) • 3,000 SF $ $
5 Remove and Replace 24"-30'Curb&Gutter 1,000 LF $ $
6 Remove and Replace 36"-42'Curb&Gutter . 1,000 LF $ $
7 Remove and Replace 6"x12"Curb 1,000 LF $ $
• Cast in Place American Disabilities Act(ADA)
8 Mats Yellow/Gray 40 EA $ $
9 Surface Applied ADA Mats Yellow/Gray 40 EA $ $
10 Construct 4'Concrete Sidewalk 3,000 SF $ $
Construct 4"Concrete Sidewalk wilts
additional equipment(where no dump truck or
11 container may be used) 3,000 I SF $ $
12 Construct 6"Concrete Sidewalk 3,000 SF $ $
Construct 6"Concrete Sidewalk with
additional equipment(where no dump truck or
13 container may be used) 3,000 SF $ $
14 Construct 18'Curb&Gutter 3,000 LF $ $
15 Construct 24'Curb&Gutter 3,000 LF $ $
16 Construct 30"Curb&Gutter 3,000 LF $ $
17 Construct 65(12"Concrete Curb 3,000 LF $ $
18 Construct Pedestrian Ramp 12 EA $ I $
Upcharge for Extra Strength Concrete(4,000
19 psi) 1,000 CF $ $
ITB No.2018-033-ND
Addendum#1
5/2/2018
M I AMI B EAC HProcurement Department
1755 Meridian Ave, 3'h Floor, Miami Beach, Florida 33139
www.miam i beachfl.gov
20 I Addition of Miami Beach Red Coloring Mixture 4"000 CY I $ $
21 Pavement Restoration 3,000 SF $ $
22 Furnish and Install New Pavers 1,000 I SF $ $
23 Remove and Reset Existing Pavers 1,000 SF $ $
24 Furnish and Install 1"Meter Box 50 EA $ $
25 Furnish and Install 1 5°Meter Bcx 50 EA ' $ $
' 26 Furnish and Install Z Meter Box 50 EA $ $
27 Furnish and Install 3'Meter Box 50 EA $ $
28 Furnish and Install Sewer Clean Out Box 50 EA $ $
29 Furrish and Install Electrical Box 10 EA $ $
30 Install Hand Rails 100 r LF $ $
31 Remove and Replace Exisdn• Pavers 1,000 SF $ 1 $
Total
Item Description Quantity UI M Unit Cost (Quantity x Unit Cost)
MILLING 8 RESURFACING OF ASPHALT CONCRETE - Contractor proposes to furnish all labor, material, equipment,
supervision, mobilization and demobilization costs, maintenance of traffic including off duty police officers, if necessary, and
transportation necessary to mill and resurface asphalt concrete on an as-needed basis for the City of Miami Beach in accordance
with the bid specifications.
32 Rework Limerock Base+/-3 inches 25,000 CY $ $
33 Remove and replace 8 Inch Limerock base 25,00C CY $ $
34 New Limerock 8 inch base 25,000 CY $ $
35 Roads-0-200 Tons Leveling Course 1,000 TN $ $
' 36 Roads—200+Tons Leveling Course 1,000 TN $ $
37 Intersections—0—200 Tons Leveling Course 500 TN $ $
38 Intersections-200+Tons Leveling Course 500 TN $ $
39 FDOT Type III-Asphalt Concrete 12,000 TN $ $
40 Adjust Manhole and/or Valve Boxes 50 EA $ $
41 Adjust Manhole 50 EA $ $
42 Replace Manhole Rim and Cover . 50 EA. $ $
43 Adjust Valve Boxes 50 EA $ $
44 Replace Valve Box Cover/Riser 50 i EA $ $
45 Replace Traffic Loops(4,6,8 loops) 10 EA $ $
Saw Cutting&Permanent Patching w/Base&
46 Roller Compaction-1"Removal&Patching 200,000 ' LF $ $
Saw Cutting&Permanent Patching w/Base&
47 Roller Compaction—2"Removal&Patching 200,000 LF $ $
48 _ MIIGng Existing Asphalt Concrete—1'Cut 12,000 1 SY $ $
49 Milling Existing Asphalt Concrete—2"Cut 12,000 I SY $ $
50 Milling Existing Asphalt Concrete—3"Cut 12,000 SY $ $
51 Milling Existing Asphalt Concrete—4'Cut 12,000 1 SY $ , $
Total
Item Description ' Quantity U I M Unit Cost Quantity x_unit Cost)
STRIPING OF CITY STREETS - Contractor proposes to furnish all labor, material, equipment, supervision, mobilization and
demobilization costs, maintenance of traffic Including off duty police officers, if necessary, and transportation necessary to stripe
streets on an as-needed basis for the City of Miami Beach in accordance with the bid specifications.
52 Themoplastic 4'Solid Yellow/White 1 5,280 LF $ I $ I
ITB No.2018-033-ND
Addendum#1
5/2/2018 •
MIAMI B EACHProcurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
wwWv.miamibeachfl.gov
53 J 4"Solid°ellpw/White Paint 5,280 I LF $ $
54 Themoplastic 4"Stp White 5,280 LF $ • $
55 Themoplastic 4"Skip Yellow 5,280 LF $ $
56 4"Skip Yellow/White Paint 5,280 LF $ $
57 Themoplastic 6"Solid White 5,200 LF $ $ i
58 Themoplastic 6"Solid Yellow 5,280 LF • $ $
59 6°Solid Yellow/White Paint 5,280 LF $ $
60 Themoplastic 6"Skip White 5,200 LF $ $
81 Themoplastic 6°Skip Yellow 5,280 LF $ $
62 6"Skip Yellow/White Paint 5,280 LF $ $
63 Themoplastic 8'Solid White 5,280 LF $ $
64 Themoplastic 8"Solid Yellow 5,200 LF $ $
65 8"Solid Yellow/White Paint 5,280 LF $ $
66 Themoplastic 12"Solid White 5,280 LF $ $
67 Themoplastic 12"Solid Yellow 5.200 LF $ $
68 12'Solid Yellow/White Paint 5,280 LF $ $
69 ' Themoplastic 18"Solid While 5,280 LF $ i $
70 Themoplastic 18"Solid Yellow 5,280 LF $ I $
71 18"Solid Yellow/White Paint 5,280 LF $ I $
72 Themopiastic 24°Solid White 5,280 LF $ $
73 Themoolastic 24"Solid Yellow 5,280 LF $ $
74 24"Solid Yellow,M/hite Paint 5,280 LF $ $ .
75 RPMs(Road Reflector) 500 EA $ j $
Thermoplastic Arrows 14"(Std.MDC&FDOT
76 Specs( 50 1 EA , $ $
Arrows 14"(Std.MDC&FDOT Specs)White
77 Paint 50 EA $ $
78 Thermoplastic Handicap Logo&Blue Stripe 5 EA $ $
79 Handicap Logo&Blue Stripe Paint 5 EA $ $
Removal of ALL Existing Thermo Striping
80 (hydroblast) 1,000 SF $ $
81 Bicycle Pavement Marking 50 EA $ C $
82 Thermoplastic Messages 50 EA $ $
83 Paint Messages 50 EA $ • $
84 Installation of New Traffic Si•n 10 EA $ $
Total
Item Description I Quantity UIM Unit Cost (quantity X Unit cost)
STRIPING OF PARKING LOTS • Contractor proposes to Farnish all labor, material, equipment, supervision, mobilization and
demobilization costs, maintenance of traffic including off duty police officers, if necessary, and transportation necessary to stripe
parking lots on an as-needed basis for the City of Miami Beach in accordance with the bid specifications.
85 Thermoplastic Stop Bars(12"Wide) 150 LF $ $
86 Stop Bars(12"Wide)White Paint 150 LF $ $
Thermoplastic Arrows 14"(Std.MDC&FDOT
87 Specs) 50 EA $ $
Arrows 14'(Std, MDC&FDOT Specs)White
88 Paint 50 EA $ $
ITB No.2018-033-ND
Addendum#1
5/2/2018
MIAMI B EACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
89 Thermoplastic Cross Hatching(12"1 200 LF $ $
90 Cross Hatching(12")White Paint 200 LF $ : $
91 Thermoplastic Handicap Logo&Blue Stripe 30 EA $ $
92 Handicap Logo&Blue Stripe Paint 30 EA $ $ _
93 Thermoplastic Disable Cross Hatching(41 160 EA $ $
94 Disable Cross Hatching(4")Paint • 16C EA $ $ ��
95 Wheel Stop Installation 200 EA $ $
96 Installation of New Traffic Sign 10 F EA $ $
Bidder's Affirmation
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
The remainder of this page was left intentionally blank.
•
ITS No. 2018-033-ND
Addendum#1
5/2/2018
L': BEACH
INVITATION TO BID ( ITB )
FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND
RESURFACING OF ASPHALT CONCRETE, AND STRIPING OF CITY STREETS AND PARKING
LOTS
2018-033-ND
BID ISSUANCE DATE: APRIL 13, 2018
BID DUE: MAY 10, 2018 @ 3:00 PM
ISSUED BY:
BEACH
NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3r° Floor, Miami Beach, FL 33139
305.673.7000 x62631 nataliadegado(Bmiamibeachfl.gov I www.miamibeachfl.gov
'.' BEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 DEFINITIONS 3
0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 5
0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 17
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
v APPENDIX B "NO BID" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E COST PROPOSAL FORM
APPENDIX F INSURANCE REQUIREMENTS
APPENDIX G SAMPLE CONTRACT
ITB 2018-033-ND
2
.'' BEACH
0100 DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project
Manual, the intent and meaning shall be interpreted as follows:
1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid
Submittal" are used interchangeably.
1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly
or through a duly authorized representative.
1.3 Change Order: A written document ordering a change in the Contract Price or Contract
Time or a material change.
1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal
corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
33139, which is a party hereto and /or for which this Contract is to be performed. In all respects
hereunder, City's performance is pursuant to City's position as the owner of a construction
project. In the event City exercises its regulatory authority as a governmental body, the exercise
of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances
shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body
and shall not be attributable in any manner to City as a party to this Contract.
1.5 City Commission: City Commission shall mean the governing and legislative body of the
City.
1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City.
1.7 Contract: The part or section of the Contract Documents addressing some of the rights
and duties of the parties hereto, including but not limited to contract time and liquidated
damages.
1.8 Contract Documents: The official documents setting forth bidding information,
requirements and contractual obligations for the project and includes the Contract, Invitation to
Bid. Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits,
Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings,
Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed,
Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any
additional documents the submission of which is required by the Project.
1.9 Contract Price: The original amount established in the Bid Submittal and award by the
City, as may be amended by Change Order.
1.10 Contractor: The person or entity with whom the City has contracted and who is
responsible for the acceptable performance of the Work and for the payment of all legal debts
pertaining to the Work.
1.11 Department: The Public Works Department, or any other City department authorized to
use any resulting agreement.
1.12 Field Order: A written order which orders minor changes in the Work but which does not
involve a change in the Contract Price or Contract Time.
ITB 2018-033-ND
3
•
.' BEACH
1.13 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the
activities identified in the notice or as described in the Contract Documents.
1.14 Plans and/or Drawings: The official graphic representations of this Project which are a
part of the Contract Documents.
1.15 Responsible Bidder: An offeror who has the capability in all respects to perform fully the
contract requirements, and the integrity and reliability which will assure good faith performance.
1.16 Responsive Bidder: A person or entity who has submitted a bid which conforms in all
material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted
on the required forms, which contain all required information, signatures, notarizations,
insurance, bonding, security, or other mandated requirements by the bid documents to be
submitted at the time of bid opening.
1.17 Subcontractor: A person or entity having a direct contract with Contractor including one
who furnishes material worked to a special design according to the Contract Documents, but
does not include one who merely furnishes Materials not so worked.
1.18 Surety: The surety company or individual which is bound by the performance bond and
payment bond with and for Contractor who is primarily liable, and which surety company or
individual is responsible for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida
Statutes.
1.19 Task Order: At the request of the City, the Contractor shall furnish a Task Order for any
project under consideration. Each project shall have a project-specific Task Order. The Task
Order shall be approved by a City representative. The Task Order shall stipulate the following:
• Fixed Project Costs, Project Cost shall be based on plans and specifications provided
by the City or field-verified measurements and shall be in accordance with contract
unit prices and other pricing terms.
• Additional Services. The City anticipates that a significant portion of the projects
awarded pursuant to any continuing services agreement resulting from this ITB shall
be completed in accordance with the prices established through the ITB. The City
recognizes that there may be instances when the need for services in addition to
those stipulated herein shall arise. In those cases, the City may negotiate with the
Contractor on a mutually agreeable price for the additional services based on
available industry pricing. The approval of the City Manager shall be required for any
additional services exceeding a project aggregate of$50,000.
• Total Project Cost.
• Project Approach and Methodology. This shall include any necessary phasing,
logistical requirements, etc.
• Required Permits.
• Project Duration.
• Mobilization Plan.
• Project Manager& Contact.
1.20 Work: The construction and services required by the Contract Documents, whether
completed or partially completed, and includes all other labor, materials, equipment and services
provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
ITB 2018-033-ND
4
BEACH
SECTION 0200 INSTRUCTIONS TO BIDDERS
1.GENERAL.
This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the 'City"), as the means for prospective
Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the
City's consideration as an option in achieving the required scope of services and requirements as noted herein. All
documents released in connection with this solicitation, including all appendixes and addenda, whether included
herein or released under separate cover, comprise the solicitation, and are complementary to one another and
together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful
Bidders(s) (the"contractor[sl") if this ITB results in an award.
The City utilizes PublicPurchase (www.oublicourchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder
who has received this ITS by any means other than through PublicPurchase must register immediately with
PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may
result in disqualification of proposal submitted.
2. PURPOSE.
The City currently has a contract for concrete curbing/sidewalk construction and a contract for milling and resurfacing
of asphalt concrete and striping of City roads and parking lots. In order to seek replacement contracts, the City is
seeking to establish a push-button contract, by means of sealed bids, for the purchase of concrete curbing sidewalk
construction, milling and resurfacing of asphalt concrete, and the striping of city streets and parking lots, as specified
herein.
3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows:
ITB Issued April 13, 2018
Pre-Bid Meeting April 23,2018 @ 2:00 p.m. (ET)
Deadline for Receipt of Questions April 30, 2018
Responses Due May 10, 2018 @ 3:00 p.m.(ET)
Tentative Commission Approval Authorizing Award TBD
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Proarement Contact. Telephone: Email.
Natalia Del•ado 305-673-7000 x6263 nataliadel•ado• miamibeachfl.•ov
additionally. the City Clerk is to be copied on all communications via e-mail at: RafaelGranado • miamibeach0.•ov:
or via facsimile: 786-3944188.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
ITB 2018-033-ND
5
BEACH
5. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s)
maybe scheduled.
A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
Procurement Department
Conference Room
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these
steps:
(1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 9415468
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
ITB expressing their intent to participate via telephone.
6. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are
not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site
visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this
solicitation.Addendum will be released through PublicPurchase,
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
httpJ/library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http:/lwww.m iamibeachflcov/city-hall/procurement/procurement-related-o rd inance-and-procedures/
CONE OF SILENCE CITY CODE SECTION 2-486
PROTEST PROCEDURES CITY CODE SECTION 2-371
DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2397 THROUGH 2485.3
LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406
CAMPAIGN CONTRIBUTIONS BY VENDORS . CITY CODE SECTION 2-487
CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES CITY CODE SECTION 2-488
REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373
• LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410
ITB 2018-033—ND
6
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374
• FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300
• ACCEPTANCE OF GIFTS,FAVORS 8 SERVICES CITY CODE SECTION 2449
9. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before
submitting a Bid, to:
• Examine the solicitation thoroughly.
• Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress,
performance or furnishing of the Work.
• Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and
ordinances that may affect costs, progress, performance, furnishing of the Work,or award.
• Study and carefully correlate Bidder's observations with the solicitation.
• Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder
knows or reasonably should have known.
• The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has
complied with the above requirements and that without exception, the Bid is premised upon performing and
furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for performance and furnishing
of the Work.
10. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the
deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice
of any such postponement to all prospective Bidders through PublicPurchase.
11. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due
date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code
Section 2.371 shall be barred.
12. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor
who will serve as the CMR. The City will only contract with the prime contractor who will serve as the CMR.
Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as
team members.
13. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern
owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within
five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or
contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the
adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s)
or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written
request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and
service, then the award shall be made to the service-disabled veteran business enterprise.
14. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools,
services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be
otherwise expressly provided in the solicitation.
ITB 2018-033-ND
7
BEACH
15. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest
responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended
for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the
City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall
exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems
to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and,
may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids
received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides
that the City may consider the following:
• The ability, capacity and skill of the bidder to perform the Contract.
• Whether the bidder can perform the Contract within the time specified, without delay or interference.
• The character, integrity, reputation,judgment,experience and efficiency of the bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with laws and ordinances relating to the
Contract.
Qualified Contractor Pool: The City Manager may, in his sole discretion, recommend one or more responsive,
responsible bidders for award for the purpose of creating a pool of qualified contractors from which the City may
seek quotes for specific projects in accordance with the specific items or unit prices awarded pursuant to this ITB.
The contractor offering the lowest overall project cost, as well as meeting other project and timeline requirements will
be awarded the project through the release of a Purchase Order.
16. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as
available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary),
followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive,
responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However,
the City may utilize other vendors in the event that 1) a contract vendor is not or is unable to be in compliance with
any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason.
17. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be
deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of
the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s).
The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted
the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum
in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the
City may procure the items or services from other sources and hold the bidder responsible for any excess cost
occasioned or incurred thereby.
18. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
19. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with
the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that
may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to
the Bidder.
ITB 2018-033-ND
8
:' ' BEACH
20. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award.
Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120)
calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price
before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may
withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by
delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and
City Commission.
21. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from
the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that
meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the
Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response'. Alternate response shall
be placed in the same response. This provision only applies to formal solicitations for the procurement of goods,
services, items, equipment, materials, and/or supplies.
22.AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters,
information on access for persons with disabilities, and/or any accommodation to review any document or participate
in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY)
five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
23. NON-DISCRIMINATION. The bidder certifies that it is in compliance with the non-discrimination clause contained
in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment
opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's
Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of
race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status,
and age or disability,
24. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
25. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all
reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and
records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination,
excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents,
papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other
pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the
immediate cancellation of this contract by the City.
26. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be
submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will
notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the
Special Conditions.
27. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall
be submitted to the ordering City department.
28. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give
written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10)
ITB 2018-033-ND
9
MIAMI B EACHProcurementDepartment
1755 Meridian Ave, 3b Floor, Miami Beach, Ronda 33139
www.miamibeachf,gov
EXHIBIT A
Revised Cost Proposal Form
THE REVISED COST PROPOSAL FORM IS
REQUIRED TO BE SUBMITTED WITH THE
PROPOSA
•
•
ITB No. 2018-033-ND
Addendum#1
5/2/2018
BEACH
calendar calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in
default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City,
through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without
cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior
written notice to the bidder.
29. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any
informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the
best interest of the City of Miami Beach.
30. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of
the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven
(7)calendar days prior to the scheduled Bid opening date, a request for clarification.
Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from
bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original
specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum
shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt
of any and all Addendum, and filling in and signing in the spaces provided in section Appendix A, No. 14
Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive.
The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing
by any City representative, unless issued by the City via formal written Addendum to this Bid.
Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755
Meridian Avenue, 31 Floor, Miami Beach, FL 33139 with a copy to the City Clerk.
31. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids
shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to
the extent of ownership, control and management of such related parties in the preparation and submittal of such bid
or bids. °Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in
another bidder for the same contract, or in which a parent company or the principals thereof of one (1)bidder have a
direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be
rejected.
Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract
resulting from collusive bidding may be terminated for cause.
32. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard
production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees
items offered and delivered to be new, unused, and free from any and all defects in material, packaging and
workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the
manufacturers standard warranty but in no case for a period of less than 12 months from date of acceptance. All
containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.
33. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
ITB 2018-033-ND
10
BEACH
34. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of
days (in calendar days) required to make delivery after receipt of purchase order, in space provided, Delivery time
may become a basis for making an award. Delivery shall be within the normal working hours of the City using
Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday. excluding
holidays, from 8:30 A.M. to 4:00 P.M.
35. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time(in calendar days)
for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted.
36. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the bidders facility may be made prior to the award of contract.
B. Bids will only be considered from firms which are regulady engaged in the business of providing the goods
and/or services as described in this Bid.
C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform
the services if awarded a contract under the terms and conditions of this Bid.
D. the terms "equipment and organizationTM, as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the
City of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a bidder, including past performance (experience), in making an award that is in the best interest
of the City.
F. The City may require bidders to show proof that they have been designated as authorized representatives of
a manufacturer or supplier, which is the actual source of supply, In these instances, the City may also
require material information from the source of supply regarding the quality, packaging, and characteristics
of the products to be supply to the City. Any material conflicts between information provided by the source
of supply and the information contained in the bidders bid may render the bid non-responsive.
G. The City may, during the period that the contract between the City and the successful bidder is in force,
review the successful bidders record of performance to ensure that the bidder is continuing to provide
sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the
bidder's performance on contracts awarded to it by the City, the City may place said contracts on
probationary status and implement termination procedures if the City determines that the successful bidder
no longer possesses the financial support, equipment, and organization which would have been necessary
during the bid evaluation period in order to comply with the demonstration of competency required under this
subsection.
37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be
as follows:
A. Any contract or agreement resulting from the award of this Bid; then
B. Addendum issued for this Bid, with the latest Addendum taking precedence; then
C. The Bid; then
D. The bidder's bid in response to the Bid.
In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished
hereunder, the decision of the City shall be final and binding on all parties.
38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such
award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by
the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds
for removing the bidder from the City's bidders list.
ITS 2018-033-ND
11
1,77. BEACH
39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid
specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality,
design and construction with all published claims of the manufacturer.
The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified
brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items
offered requires complete descriptive technical literature marked to indicate detailed conformance with
specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS
INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL.
Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides
as to a standard of acceptable product quality level only and should not be construed as an endorsement or a
product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that
product(s) offered conform with or exceed quality as listed in the specifications.
40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears
to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the
City.
41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a
public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach,
Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this
solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are
protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue
of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the
City on a"first priority" under the emergency conditions noted above.
42.ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is
not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon
the City's actual needs and/or usage during a previous contract period. The City may use said estimates for
purposes of determining whether the low bidder meets specifications.
43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all
conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non-
responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of
the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you
must notify the Procurement Office, in writing, at least five(5) days prior to the deadline for submission of bids. The
City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids.
44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the
bidder's facilities at any time, upon reasonable prior written or verbal notice.
45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally,
Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to
(a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in
ITB 2018-033-ND
12
BEACH
order to perform the services; (b) provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for
retaining public records and transfer, at no cost, to the public agency all public records in possession of the
contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the public agency.
46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the
bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price,
unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid.
47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid.
48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners,
principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and
shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be
incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided. The above indemnification provisions shall survive the expiration or termination of this Agreement.
49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise
provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until
acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City.
If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications,
the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's
expense.
50. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection
fees required under the contract; and shall comply with all Applicable Laws.
51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade
County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the
items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of
Applicable Laws will in no way be a cause for relief from responsibility.
52. LIABILITY, INSURANCE, LICENSES AND PERMITS, Where bidders are required to enter or go on to City of
Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume
the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work
complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by
ITB 2018-033-ND
13
•A' BEACH
negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with
Applicable Laws.
53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local. State, County, and Federal laws, rules, regulations and codes. Bidder
agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified,
and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and
all documentation, certification, authorization, license, permit, or registration currently required by applicable laws,
rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations,
authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of
this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract.
54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions,
and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in
the bid being non-responsive.
55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of
a previously submitted bid up until the bid due date and time, Modifications received after the bid due date and time
will NOT be considered.
Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration
of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid
due date and before said expiration date and letters of withdrawal received after contract award will NOT be
considered.
56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications,
Items delivered, not conforming to specifications, may be rejected and returned at the bidders expense. These
items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the
City, at its discretion,on the open market. Any increase in cost may be charged against the bidder. Any violation of
these stipulations may also result in the bidders name being removed from the City's vendor list.
57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or
non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied
pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines
levied because of inadequacies to comply with this condition shall be borne solely by the bidder.
59. PATENTS& ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and
its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in
the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any
way involved in the work.
60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to
comply with Bid specifications, free of damage or defect, and propedy invoiced.
ITB 2018-033-ND
14
61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing
the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity
specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special
Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be
considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment
terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be
made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a
consideration in determination of award of bid(s).
62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including
Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM".
However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent.
63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any
person requiring an accommodation at the Bid opening because of a disability must contact the Procurement
Division.
64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of
items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the
bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid
opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the
bidders name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason
for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department,
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139.
65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from
the successful bidder. However, the City reserves the right to purchase the items from state or other governmental
contract, or on an as-needed basis through the City's spot market purchase provisions.
67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without
previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments
will be returned at the bidders expense.
68.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be
given to bidders certifying that they have implemented a drug free work place program. A certification form will be
required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace
program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to
be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or
the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's
discretion, which will make a recommendation for award to the City Commission.
70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise
ITB 2018-033-ND
IS
BEACH
violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the
City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to
be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by
the bidder of the written termination notice.
In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work
and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a
consequence of the default.
Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to
the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from
the successful bidder is determined,
The City may, at its discretion, provide reasonable "cure period"for any contractual violation prior to termination of
the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default
within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this
subsection 1.57.
71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or
services then remaining to be performed, at any time, by giving written notice to the successful bidder of such
termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all
finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is
terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance
with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services
actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in
assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any
profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total
extent of the City's liability to the successful bidder upon a termination as provided for in this subsection.
72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and
fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s)offered and furnished.
73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or
facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and
Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than
$50,000), may require additional items to be added to the Contract which are required to complete the work. When
additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being
requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these
quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract
vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a
Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary
to add additional items through a formal amendment to the Contract, to be approved by the City Manager.
The City may determine to obtain price quotes for the additional items from other vendors in the event that
fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the
City's discretion.
ITB 2018-033-ND
16
BEACH
SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed
envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound
copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within
two (2) days of request by the City. The following information should be cleady marked on the face of the envelope
or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids
received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. BID PROPOSAL. The Bid Proposal is to include the following:
• TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed
mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non-
responsive.All corrections on the Cost Proposal Form shall be initialed.
FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE
ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT
RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
• TAB 2• Bid Certification, Questionnaire and Affidavits(Appendix A).
The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form
(Appendix E), Proposal Certification, Questionnaire&Requirements Affidavit (Appendix A), and Bid Bond (if
applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully
executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted
documentation within three(3)calendar days upon request from the City, or the bid may be deemed non-responsive.
Non-responsive bid packages will receive no further consideration.
3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or otherwise.
ITB 2018-033-ND
17
APPENDIX A
/\ /\ ,
'/ / , / v�
Proposal Certification ,
Questionnaire &
Requirements Affidavit
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND
18
Solicitation No: Solicitation Title:
2018-033-ND For the Purchase of Concrete Curbing/Sidewalk Construction, Milling and
Resurfacing of Asphalt Concrete, and Striping of City Streets and Parking
Lots
Procurement Conran: Tet. Email.
Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAME
NO.OF YEARS IN BUSINESS. NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES:
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS.
FIRM PRIMARY ADDRESS)HEADOUARTERS7.
CITY
STATE: ZIP CODE.
TELEPHONE N0.'
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS.
CITY
STATE ZIP CODE.
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT.
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO..
The City reserves the dght to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
ITB 2018-033—ND
19
1. Veteran Owned Business.Is Proposer claiming a veteran owned business status?
YES NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the Slate of Florida or United Slates
federal government,as required pursuant to ordinance 2011-3748.
2. Financial Capacity, When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report(SCR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by
the City, of the SCR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer,The Proposer shall request the SQR report from D&B at:
https:llsupplierportal.dnb.comlwebapplwcsfstoresiservletSup of ierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each
Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at
600-024-2495.
SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the
City.with bid or within three(3)days of request.
3. Conflict Of Interest All Proposers must disclose, in their Proposal,the name(s)of any officer,director, agent,or immediate family
member(spouse, parent, sibling. and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer, director, agent, or immediate family member
(spouse, parent,sibling, and child)who is also an employee of the City of Miami Beach, Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of
its affiliates.
4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: I) Firm Name, 2) Contact
Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided.
5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had
a contract cancelled due to non- erformance by an ublic sector agency?
YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES.' Proposer shall submit a statement detailing the reasons that led to
action(s).
6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions,
as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants)with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its
proposal/response or within five(5)days upon receipt of request, The Code shall, at a minimum, require the Proposer,to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
ITB 2018-033—ND
20
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics, In lieu of submitting Code of Business
Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance, the City of Miami Beach Code of
Ethics,available at hlto:/lwmw.miamibeachflgovlciN-hall/orocurement/orocurement-related-ordinance-and-orocedures/
8.
•
E"ective January 1, 2018, cov^•ed-emp'^yecs must•he pad a livh^g ••-g^ rate of no less than$11.62 per he••with
benefits,
health^^re-benefit^e'at leact$222 por h^ur--e•^I'i g age rate of no le—1 a'3+519 in bog,^u4•^v e^,hex-wv
beaefns
of L^ '{^s. lotwthstandr^ the ecedinse anna c^e4 t -- . •, _ - s-,--..,. Y co
x^,c,..,,., n 9 W g alkNex shall exc^eA 1preop -nnt{d%).Tpe-r''ty^^y al-e,'q
the Cityc e'e^I•e^'^compliar a pert,LCP T-+eke•(LC°Tracker.^el).
9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over$100000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more
calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits'to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach,
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees^
YES NO
B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to
domestic partners of employees?
YES NO
C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already
specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement
leave',other benefits are provided directly to the spouse or domestic partner,such as medical insurance.
BENEFIT Finn Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses I. Domestic Partners
Health
Sick Leave
Family Medical Leave
Bereavement Leave
ITB 2018-033-ND
21
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal
Benefits requirement is available at htto/hwwwmiamibeach0.gov/city-hall/procurement/crocu rement-related-ordinance-and-
procedures/
10. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, bid,or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,bid, or reply
on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,bids,or
replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or
consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list.
11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the
blacklisting, divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national
origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age ordisability.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document Proposer agrees
it is and shall remain in full compliance wit Section 2-375 of the City of Miami Beach City Code.
12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to
Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and
Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no
travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be
sourced from these states.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
it is and shall remain in full compliance with Resolution 2016-29375.
13. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a
competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies,
practices. and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City
Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring
about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of
employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii)prohibits
placing a statement on an employment application that a person with a criminal record may not apply for the position.
SUBMITTAL REQUIREMENT:No additional submittal is required at this time.By virtue of executing this affidavit,Proposer
certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to
provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach
of the representations made herein shall constitute a material breach of contract,and shall entitle the City to the immediate
termination for cause of the agreement.in addition to any damages that may be available at law and in equity.
14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addenda may result in proposal disqualification.
ITB 2018-033-ND
22
Initial to Confirm Inibal to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
I
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
The remainder of this page was left intentionally blank.
ITS 2018-033—ND
23
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City")for the redpient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards,or in withdrawing or cancelling this solicitation, either before or after
issuance of an award,shall be without any liability or obligation on the part of the City.
In its sale discretion, the City may withdraw the solicitation either before or after receiving proposals. may accept or reject proposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion.the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details. information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors.shareholders,partners and employees. as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials,shall be at the recipients own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty
or representation.express or implied. as to its content, its accuracy,or its completeness.No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration.negotiation,or approval.
The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be
made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions.or withdrawal from the market without notice. Information is for guidance
only,and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no
reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation, By submission of a Proposal,the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete. to the best of its knowledge,
information,and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The
previous sentence, however. shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
ITB 2018-033—ND
24
PROPOSER CERTIFICATION
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted: Proposer has not divulged.
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposers Authorized Representative: Title of Proposers Aumonzed Representative:
Signature of Proposers Authorized Representative: Date.
State of ) On this day of 20_,personally
appeared before me who
County of ) stated that (s)he is the
of , a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the of
My Commission Expires:
ITB 2018-033—ND
25
APPENDIX B
� /=t J \ j1 I ) .,a .�
" No Bid " Form
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Note: It is important for those vendors who have received notification of
this solicitation but have decided not to respond, to complete and submit
the attached "Statement of No Bid." The "Statement of No Bid" provides
the City with information on how to improve the solicitation process.
Failure to submit a `Statement of No Bid" may result in not being notified
of future solicitations by the City.
ITB 2018-033-ND
26
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
Workload does not allow us to proposal
_Insufficient time to respond
_Specifications unclear or too restrictive
Unable to meet specifications
_Unable to meet service requirements
Unable to meet insurance requirements
Do not offer this product/service
_OTHER. (Please specify)
We do_do not_want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT DEPARTMENT
ATTN: Natalia Delgado, Procurement Contracting Officer I
PROPOSAL #2018-033-ND
1755 MERIDIAN AVENUE, 3RD FLOOR
MIAMI BEACH, FL 33139
ITB 2018-033-ND
27
APPENDIX C
'\ I A A 1\ I 11, )7 \ t
Minimum Requirements
& Specifications
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND
28
Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation
are listed below. Proposers that to comply with the minimum requirements shall be deemed non-
responsive and shall not have its bid considered.
Concrete Curbing/Sidewalk Construction and Milling and Resurfacing of Asphalt
Concrete
1. Prospective Bidder must be a State of Florida Certified or a Miami Dade County Licensed
General Contractor.
Striping of City Streets and Parking Lots
1. Prospective Bidder must be a State of Florida Certified or a Miami Dade County Licensed
General Contractor or Miami Dade County Licensed Paving Engineer.
C2. Statement of Work Required. The work specified in this bid consists of furnishing all labor,
machinery, tools, means of transportation, mobilization, demobilization, maintenance of traffic
(MOT), supplies, equipment, materials, services necessary for concrete/curbing and sidewalk
construction, milling and resurfacing of asphalt concrete, and the striping of City streets and
parking lots, in accordance with the bid documents.
1.1 Roadmap for Contractor Selection. When Work is identified by a City representative, the
Contractor who provides all services needed and is the lowest for the project based on
prices submitted in Appendix E, Cost Proposal Form, will be selected to complete the
Work.
1.2 Project Task Order. Prior to the issuance of a Purchase Order, which is required for the
commencement of work, the Contractor shall provide a Task Order for any specific project
being considered by the Department. No work may commence until the Task Order is
approved by the Department and accompanied by a Purchase Order.
1.3 Additional Services or Change Orders. The City anticipates that a significant portion of the
projects awarded pursuant to any continuing services agreement resulting from this ITB
shall be completed in accordance with the prices established through the ITB. The City
recognizes that there may be instances when the need for services in addition to those
stipulated herein shall arise to complement or complete a project awarded pursuant to the
established line items. In those cases, the City may negotiate with the Contractor on a
mutually agreeable price for the additional services based on available industry pricing.
The approval of the City Manager shall be required for any additional services exceeding a
project aggregate of $50,000. The following items may not be purchased as additional
services:
a.design services exceeding $35,000;
b. electrical services exceeding $75,000;
c. any non-contract construction work exceeding a cost of$300,000.
ITB 2018-033-ND
29
C3. Minimum specifications:
1.1 Scope of Work for Concrete Curbing/Sidewalk Construction
The applicable portions of the Miami Beach Public Works Manual and the Standard Specifications
for Road and Bridge Construction of the Florida Department of Transportation, 2018 Edition, and
its supplements, as amended, shall establish the minimum standard for all work performed as a
result of this ITB and shall be further supplemented and amended by the General Specifications
and Special Provisions contained herein.
Wheelchair curb ramps shall be constructed to be in full compliance with all Americans with
Disabilities Act Accessibility Guidelines standards and Florida Accessibility Code standards, as well
as any other required and relevant standards.
1.2 Technical Specification
The Contractor shall provide all supervision, labor, materials (including forming), maintenance of
traffic and equipment required to complete the work, at a site or sites designated by the City. All
work shall be completed in accordance with the Miami Beach Public Works Manual unless stated
otherwise. The Public Works Manual can be found on the City's website at
http//m iami beach fi.gov/publicworksleng ineering/
1.2.1 Concrete Sidewalk (4" thick) outside of driveways per Miami Beach Public Works
Manual.
1.2.2 Concrete Sidewalk or Driveway (6" thick): with WWF 6" x 6" x 10 10G through
driveways per Miami Beach Public Works.
1.2.3 Removal and replacement of existing curb and gutter and or sidewalks. These
items include removal of existing concrete and disposal of materials to legal sites
provided by the Contractor.
1.2.4 Concrete curb and gutter/valley gutters shall be installed using #5 reinforcing steel
rods and compacted limerock base per Miami Beach Public Works Manual.
1.2.5 Construction of pedestrian ramps shall be in accordance with the City of Miami
Beach Detail, Pedestrian Ramps in Public Right-of-Way. It shall include the cost
of removal of existing sidewalk and the preparation of the base as described
herein.
1.2.6 Extra Strength Concrete (4,000 psi): All cement concrete mix items shall be
FDOT approved Portland Cement Concrete Type I having a minimum 28 day
compressive strength of 3,000 psi, unless 4,000 psi Portland Cement Concrete is.
specified. This item has been established to compensate the bidder for the
difference in cost of utilizing this higher strength concrete.
When 4,000 psi concrete is specified, the Contractor shall be paid the Contract
ITS 2018-033-ND
30
unit price bid for sidewalk or curb and gutter, as appropriate, and shall also be paid
the contract unit price bid for 4,000 psi concrete. The quantity to be paid for shall
be the actual volume, in cubic yards, of 4,000 psi concrete in place and accepted.
1.2.7 Colored Concrete Sidewalks and Ramps: All concrete used in the replacement
or construction of sidewalks and pedestrian ramps shall be of Color Concrete mix
as specified below unless directed otherwise by the Street Superintendent or City
Engineer. Where quantities of concrete to be used in one pour is equal to or more
than three cubic yards, an integral colored concrete mix shall be used. The dust-
on/dry-shake coloring shall be allowed only when the total concrete quantity in one
work order is less than three cubic yards or if directed by the City Engineer or his
representative:
Integral Color Concrete Mix Design: Design mix to provide normal weight, regular
or air-entrained pump mix concrete with a minimum of 470 lbs. of Portland cement
to achieve 3,000 psi or more 28 day compressive strength. Mix Chromix® ML
Admixtures Custom Color Designation: Miami Beach Red IV V073-20, as
manufactured by L.M. Scofield Company, Douglasville, GA, 800-800-9900.
1.2.8 All concrete to be furnished must meet the South Florida Building Code
requirements.
1.2.9 Partially hardened or re-tempered concrete shall not be acceptable.
1.2.10 Bidders are Encouraged to Use Green Friendly Materials for Cement 8
Concrete
• Coal fly ash
• Ground Granulated Blast Furnace Slag (GGBF)
• Cenospheres
• Silica Fumes
It is recommended that the Contractor use coal fly ash, ground granulated blast
furnace (GGBF) slag, cenospheres and silica fumes are recovered materials that
are readily available in some areas for use as ingredients in cement or concrete.
Coal fly ash is a byproduct of coal burning at electric utility plants. Slag is a
byproduct of iron blast furnaces. The slag is ground into granules finer than
Portland cement and can be used as an ingredient in concrete. Cenospheres are
small, inert, lightweight, hollow, glass spheres that are a component of coal fly
ash. They can be added to cement to produce a specialty, high performance
concrete. Silica fume is a waste material recovered from alloyed metal production.
It can also be added to cement to produce a high performance concrete.
Environmental Protection Agency(EPA) Standards to follow:
• Replacement rates of coal fly ash for cement in the production of blended
cement generally do not exceed 20-30 percent, although coal fly ash blended
cements may range from 0-40 percent coal fly ash by weight, according to ASTM
C 595 for cement Types IP and I(PM). Fifteen percent is a more accepted rate
ITS 2018-033-ND
31
when coal fly ash is used as a partial cement replacement as an admixture in
concrete.
• According to ASTM C 595, ground granulated blast furnace (GGBF) slag
may replace up to 70 percent of the Portland cement in some concrete mixtures.
Most GGBF slag concrete mixtures contain between 25 and 50 percent GGBF
slag by weight. EPA recommends that procuring agencies refer, at a minimum, to
ASTM C 595 for the GGBF slag content appropriate for the intended use of the
cement and concrete.
• According to industry sources, cement and concrete containing
cenospheres typically contains a minimum of 10 percent cenospheres (by
volume).
• According to industry sources, cement and concrete containing silica fume
typically contains silica fume that constitutes 5-10 percent of cementitious material
on a dry weight basis.
ASTM C 595: This specification pertains to blended hydraulic cements for both
general and special applications, using slag or pozzolan, or both, with portland
cement or portland cement clinker or slag with lime. These cements are classified
into two types: Type IS which is portland blast-furnace slag cement and Type IP
which is portland-pozzolan cement. They can also be described according to air-
entraining, moderate sulfate resistance, moderate heat of hydration, high sulfate
resistance, or low heat of hydration properties. The cement shall conform to the
chemical requirements prescribed. In addition, the cement shall undergo different
tests to determine the following properties: chemical analysis. fineness by sieving,
fineness by air-permeability, autoclave expansion, time of setting, air content of
mortar, compressive strength, heat of hydration, normal consistency, specific
gravity, water requirement, mortar expansions of blended cement and pozzolan,
drying shrinkage, activity index with portland cement, and sulfate resistance.
Recommended Specifications for Cement and Concrete Containing Recovered Materials
Cement Specifications Concrete Specifications
ASTM C 595. "Standard Specification for Blended ASTM C 618, "Standard Specification for Fly Ash and
Hydraulic Cements." Raw or Calcined Natural Pozzolan for Use as a
Mineral Admixture in Portland Cement Concrete."
ASTM C 150, 'Standard Specification for Portland ASTM C 311,'Standard Methods of Sampling and
Cement.' Testing Fly Ash and Natural Pozzolans for Use as a
Mineral Admixture in Portland Cement Concrete.'
ASTM C 989,'Ground Granulated Blast-Furnace
Slag for Use in Concrete Mortars."
AASHTO M 302,'Ground Granulated Blast-Furnace
AASHTO M 240,'Blended Hydraulic Cements." Slag for Use in Concrete and Mortars.'
American Concrete Institute Standard Practice ACI
226.R1,'Ground Granulated Blast-Furnace Slag as a
Cementitious Constituent in Concrete.'
Please refer to https:llwww.astm.orpl
ITB 2018-033-ND
32
1.2.11 Concrete Pavers: Install or remove and replace existing concrete pavers in
roadways or pedestrian walkways. This may include compacted subgrade,
concrete cast in place edge restraints 6" 3,000 psi concrete slab, and a minimum
of 1 'A"sand leveling course.
1.2.12 Utility Boxes: Removal and installation of utility boxes. All materials, including
utility boxes shall be supplied by the Contractor. Installation will include removal of
dirt to expose meter and 4" thick pea rock base underneath meter. Install City
provided utility box in 6" concrete collar. Utility boxes should be supported at the
base by brick or other method. Contractor must use the same utility boxes that
are used by the City. Brand and part numbers are provided below:
1" Meter box flared wall, CDR P/N WB00-1118-12 or equal
Solid cover to read "water, CDR P/N WC00-1118-02 or equal
1.5"Meter box flared wall, CDR P/N WBOO-1324-12 or equal
Solid cover to read "water', CDR P/N WCO2-1324-02 or equal
2" Meter box flared wall, CDR P/N WB00-1730-12 or equal
Solid cover to read"water, CDR PIN WC00-1730-02 or equal
3"Meter box flared wall, CDR P/N W802-2436-18 or equal
Solid cover to read "water', CDR P/N WCO2-2436-03 or equal
Clean out sewer box traffic rated, CDR P/N WB04-1015-H20 or equal
Solid cover to read "sewer' bolt down, CDR P/N WC04-1015-02-45LPS or equal
Electrical boxes will have covers that read"electrical"
1.2.13 Fabricate and install hand rails according to ADA specifications. Hand rails will be
typically made of 2"in diameter aluminum, core drilled, and grouted at the edge of
sidewalk/ramp.
1.2.14 Restoration and dressing of all replaced surfaces shall be accomplished by
removal of all forms of broken concrete, rock and other debris and backfilling all
abutting areas to the new concrete with proper soil and sod.
1.2.15 All areas of removal are to be done in a careful manner so as not to cause
damage to abutting concrete surface. Saw cutting may be needed to prevent
additional damage. Contractor has to protect monuments, survey pipes metal
castings, etc. encountered in the replacement or new work area, and shall make
any necessary adjustments of these items so as to conform to the finish grade of
his work. Contractor shall be responsible for restoring sidewalk anchors, flags,
etc., which may be encountered, such as hurricane shutter fasteners in
commercial areas.
Contractor shall be responsible for protecting, in a satisfactory manner to the
Street Superintendent, any roof drainage pipe encountered in the area of removal
and replacement.
ITB 2018-033-ND 33
Cold joint or a solid plate will be required for every 40 L.F. to 60 L.F. of work.
Expansion material may be called for as directed by the Engineer. All areas
removed by the Contractor are to be replaced and restored within two days of
removal and shall be properly barricaded by the Contractor in the interim time.
1.2.16 Pavement Restoration Abutting Restored Areas: Asphalt will be saw cut as
directed by the Street Superintendent or authorized representative. All cuts will be
parallel to the curb line. Areas void of limerock will be filled with limerock and
compacted to required density as directed by the Superintendent. A minimum 2"
hot mix asphalt (as directed by the City) is to be used to complete restoration and
will be compacted by use of roller or vibratory plate. Finished surface to be free of
ridges or valleys and imperfections that may cause the surface to hold water or
create a tripping hazard. All work is to be inspected and accepted by the Street
Superintendent or his representative prior to payment.
Upon receipt of a Work Order, the Contractor shall commence work upon the
site(s) within seven (7) calendar days, and continue such work in an expeditious
manner to a conclusion acceptable to the Engineer.
1.3 Control of the Work
1.3.1 Inspectors: Inspectors employed by the City shall be authorized to inspect all
work done and materials furnished. Such inspection may extend to all or any part
of the Work and to the preparation or manufacture of the materials to be used. An
inspector may be stationed at the worksite to report to the Engineer as to the
progress of the Work and the manner in which it is being performed; also to report
whenever it appears that the materials furnished and work performed by the
Contractor fail to fulfill the requirements of the Specifications and Contract, and to
call to the attention of the Contractor any such failure or other infringements. Such
inspection, however, shall not relieve the Contractor from any obligation to perform
all the Work strictly in accordance with the requirements of the Specifications. In
case of any dispute arising between the Contractor and the inspector as to
material furnished or the manner of performing the Work, the inspector shall have
the authority to reject materials or suspend the Work until the question at issue
can be referred to and decided by the Engineer. The inspector shall perform such
other duties as are assigned to him. He shall not be authorized to revoke, alter,
enlarge, relax, or release any requirements of these Specifications, approve or
accept any portion of work, nor issue instructions contrary to the Plans and
Specifications. The inspector shall in no case act as foreman or perform other
duties for the Contractor, nor interfere with the management of the Work by the
latter. Any advice which the inspector may give the Contractor shall in no way be
construed as binding the Engineer in any way, nor releasing the Contractor from
fulfillment of the terms of the Contract. Ordinarily one inspector will be employed
by the City for each section of the Work under Contract; but if, on account of any
apparent disregard of these Specifications, additional inspectors shall be required,
they will be employed by the City at the rate of $150.00 per diem each, and the
cost of same charged to the Contractor and deducted from the final payment.
ITS 2018-033-ND
34
1.3.2 Inspection: The Contractor shall provide the Engineer with for the information to
ascertain whether or not the work performed and materials used are in accordance
with the requirements and intent of the Specifications and Contract.
If the Engineer requests it, the Contractor shall at any time before final acceptance
of the Work remove or uncover such portions of the finished Work as may be
directed.
After examination the Contractor shall restore said portions of the Work to the
standard required by the Specifications.
Should the Work thus exposed or examined prove acceptable, the uncovering or
removing, and the replacing of the covering or making good of the parts removed,
shall be paid for as "Extra Work," but should the work so exposed or examined
prove unacceptable, the uncovering or removing and the replacing of the covering
or making good of the parts removed, shall be at the Contractor's expense. No
Work shall be done nor materials used without suitable supervision or inspection
by the Engineer or his representative. Failure to reject any defective Work or
material shall not in any way prevent later rejection when such defect be
discovered, or obligate the City to final acceptance.
1.3.3 Failure to Remove and Renew Defective Materials and Work: Should the
Contractor fail or refuse to remove and renew any defective materials used or
Work performed, or to make any necessary repairs in an acceptable manner and
in accordance with the requirements of these Specifications within the time
indicated in writing, the Engineer shall have the authority to cause the
unacceptable or defective materials or Work to be removed and renewed, or such
repairs as may be necessary, to be made at the Contractors expense. Any
expense incurred by the City in making these removals, renewals or repairs, which
the Contractor has failed or refused to make, shall be paid for out of any monies
due or which may become due to the Contractor or may be charged against the
"Contract Bond" deposited; and continued failure or refusal on the part of the
Contractor to make any or all necessary repairs promptly, fully, and in an
acceptable manner shall be sufficient cause for the City, at its option, to purchase
materials, tools, and equipment and employ labor or contract with any other
individual, firm, or corporation to perform the Work. All costs and expenses
incurred thereby shall be charged against the defaulting Contractor and the
amount thereof deducted from any monies due or which may become due, or shall
be charged against the "Contract Bond" deposited. Any work performed, as
described in this paragraph, shall not relieve the Contractor in any way from his
responsibility for the Work performed by him.
1.3.4 Final Inspection: Whenever the Work provided and contemplated by the
Contractor shall have been satisfactorily completed and the final cleaning up
performed, the Engineer shall within ten (10) days, unless otherwise provided,
make the final inspection.
ITB 2018-033-ND
35
1.4 Control of Material
1.4.1 Source of Supply and Quality of Materials: At the option of the Engineer the
source of supply for each of the materials shall be approved by the Engineer
before the delivery is started. Representative preliminary samples of the character
and quality described shall be submitted by the Contractor or producer for
examination and tested in accordance with the methods referred to under Samples
and Tests, Section 1.4.2, below. Only materials conforming to the requirements of
these Specifications and approved by the Engineer shall be used in the Work. All
materials proposed to be used may be inspected or tested at any time during their
preparation and use.
If, after trial, it is found that sources of supply which have been approved do not
furnish a uniform product, or if the product from any source proves unacceptable
at any time, the Contractor shall furnish approved material from other approved
sources. No material which after approval has in any way become unfit for use
shall be used in the Work.
1.4.2 Samples and Tests: For the purpose of assisting his judgment, the Engineer may
require any or all materials to be subject to test by means of samples or otherwise,
as he may determine. The Contractor shall afford such facilities as the Engineer
may require for collecting and forwarding samples and shall not make use of or
incorporate in the Work any material represented by the samples until the tests
have been made and the materials found in accordance with the requirements of
the Specifications and are acceptable. The Contractor in all cases shall furnish
and deliver the required samples without charge. Samples shall be furnished
sufficiently in advance so that the results of the required tests may be secured
prior to the incorporation of the material in the Work.
The manner of collecting and testing samples, as well as all apparatus and
equipment used for this purpose, shall conform to the A.S.T.M. Current Standards
or Tentative Standards, as the case may be, insofar as these are applicable-
unless specifically stated otherwise.
1.4.3 Storage of Materials: Materials shall be stored so as to insure their preservation
and quality and fitness for the Work, and shall be so located as to facilitate prompt
inspection. Materials improperly stored may be rejected without testing.
1.4.4 Defective Materials: All materials not conforming to the requirements of these
Specifications shall be considered as defective and all such materials, whether in
place or not, shall be rejected and shall be removed immediately from the site of
the Work, unless otherwise permitted by the Engineer. No rejected material, the
defects of which have been subsequently corrected, shall be used until approval
has been given. Upon failure on the part of the Contractor to comply with any
order from the Engineer made under the provisions of this article, the Engineer
shall have authority to remove and replace defective material and to deduct the
cost of removal and replacement from any monies due or which may become due
to the Contractor.
ITB 2018-033-ND
36
1.5 Legal Relations and Responsibility to the Public
1.5.1 Permits, Licenses, & Occupational Licenses: The Contractor shall procure all
permits and licenses as required. There will be no charge for the construction
permits issued by the City of Miami Beach. The Contractor shall also give all
notices necessary and incident to the due and lawful prosecution of the Work.
1.5.2 Right of Way: In cases where the Work is done on private property the City
guarantees the Contractor the right-of-way for the construction of the Work, but the
Contractor must take all precautions not to inconvenience the tenant or property
owner any more than necessary. The right is reserved to omit any sections of the
Work which depend upon a right-of-way grant in case such right-of-way is denied
by the City.
The Contractor shall have no claims for damage due to delay by the City in
furnishing necessary right-of-way, but should any such delay occur the Contractor
shall be entitled to such extension of time for the completion of his Contract as
may be determined by the City to be reasonable.
In case of damage to the Work on account of work so done, the Engineer may
direct the Contractor to make the necessary repairs, and payment for such repairs
will be made as provided under "Extra Work." Should the Contractor refuse or
neglect to make the said repairs within the time specified, the Engineer shall have
the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the Work performed by him.
1.5.3 Restoration of Surfaces Opened by Permit: Any individual, firm, or corporation
wishing to make an opening in the street must secure a permit from, and will be
required to deposit security with, the Engineer, in a suitable amount to cover the
cost of making the necessary repairs, and the Contractor shall not allow any
person or persons to make an opening unless a duly authorized permit from the
City is presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit,
main, or service pipe or their accessories at any time before the completion of the
Work. The Contractor is to exercise such supervision thereof as will protect him
against defects in the finished Work.
In case of damage to the Work on account of work so done, the Engineer may
direct the Contractor to make the necessary repairs, and payment for such repairs
will be made as provided under 'Extra Work." Should the Contractor refuse or
neglect to make the said repairs within the time specified, the Engineer shall have
the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the Work performed by him.
1.5.4 Sanitary Provisions: Contractor shall provide and maintain at his own expense,
in a sanitary condition, such accommodations for the use of his employees as is
ITB 2018-033-ND
37
necessary to comply with the requirements and regulations of State and County
Boards of Health. He shall commit no public nuisance.
1.5.5 Public Convenience and Safety: Contractor shall conduct the Work so as to
insure the least obstruction to traffic practicable, and shall provide for the
convenience of the general public and of residents along and adjacent to the Work
in a manner satisfactory to the Engineer. Materials and equipment stored at the
worksite shall be done so as to cause as little obstruction to the public as possible
and shall be lighted and barricaded as hereinafter provided.
1.5.6 Closing Streets: Streets shall not be closed except when and where directed by
the Engineer. Whenever the street is not closed, the Work must be conducted so
that there shall at all times be a safe passageway for traffic.
Whenever it is necessary to divert traffic from any part of the Work, the Contractor
shall provide and maintain a passable driveway as directed by the Engineer.
Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided,
shall be maintained by the Contractor in all cases and the Engineer's office and
the Fire Department shall immediately be notified by telephone or otherwise upon
the closing and/or opening of each street or section thereof.
1.5.7 Barricades, Warnings, and Detour Signs: The Contractor shall provide, erect,
and maintain, at his own expense, barricades, danger warnings, and detour signs
whenever they may be necessary. He shall place sufficient lights on and/or near
the Work and keep them burning from twilight to sunrise; shall erect suitable
barricades, railings, fences, and/or other protection about the Work; provide all
watchmen by day or night and take all other precautions that may be necessary;
shall maintain proper guards and lights for the prevention of accidents upon
materials, supplies, and equipment, and take all other precautions that may be
necessary for the proper protection of the Work and public convenience and
safety.
Streets closed to traffic shall be protected by effective barricades on which shall be
placed acceptable warning signs. The Contractor shall provide and maintain
acceptable warning and detour signs at all closures, intersections, and along the
detour routes, directing the traffic around the closed portion or portions of the
Work, so that the temporary detour route or routes shall be indicated clearly
throughout its or their entire length.
1.5.8 Maintenance of Traffic
1.5.8.1 Work shall be conducted in such a manner that all streets shall be open to
traffic at night. Approved and sufficient barricades, signs and lighting shall be
maintained at all times for the safety of the public and traffic, and to insure that no
traffic will pass over the placed material until the material is cured.
ITS 2018-033-ND
38
1.5.8.2 Work areas must be barricaded by the Contractor 24 hours prior to
commencement of the work.
1.5.8.3 It will be the responsibility of the Contractor to provide all barricades, signs.
and lighting in accordance with the above stated requirements. The Contractor
shall be responsible for providing an off duty police officer, if necessary to
complete the job.
1.5.8.4 The cost of law enforcement officers will be provided as a pass-through
cost only.
1.5.9 Fire Hydrants, Gutters, Etc.: Fire hydrants on or adjacent to the Work shall be
kept accessible to the fire apparatus at all times and no material or obstructions
shall be placed within ten (10) feet of any such hydrant. Adjacent premises must
be given access as far as practicable, and obstruction of sewer inlets, gutters, and
ditches will not be permitted.
1.5.10 Use of Explosives: The use of explosives will not be permitted without the written
permission of the City Engineer and a permit issued by the Chief of the Fire
Department. Where such permission for the use of explosives is obtained the
Contractor shall use the utmost care so as not to endanger life or property. All
explosives shall be stored in a secure manner, and all such storage places shall
be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of
competent individual.
1.5.11 Preservation of Property: The Contractor shall preserve from danger all property
along the line of Work, the removal or destruction of which is not called for by the
Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges,
pavements, and other structures, monuments, pipe, underground structures, etc.,
and wherever such property is damaged due to the activities of the Contractor it
shall be immediately restored to its original condition by the Contractor and at his
own expense.
The Contractor shall give due notice to any department or public service
corporation controlling manholes, valve jackets, meter boxes, street monuments,
etc., prior to adjusting them to grade, and shall be held strictly liable to the City if
any such appliances are covered up during the construction of the Work.
In such case of failure on the part of the Contractor to restore any such property,
or make good any damage or injury thereto, the Engineer may, upon forty-eight
hours'notice, proceed to repair, rebuild,or otherwise restore such property as may
be deemed necessary and the cost thereof will be deducted from any monies due
or which may become due to the Contractor under this Contract. Nothing in this
clause shad prevent the Contractor from receiving proper compensation for the
removal or replacement of any public or private property when same is made
necessary by alteration of grade or alignment, and such work is authorized by the
Engineer, provided that such property has not been damaged through fault of the
Contractor, his employees, or agents.
ITB 2018-033-ND
39
1.5.12 Responsibility for Damage: The Contractor shall indemnify and hold harmless
the City, agents, and employees from all suits, actions, or claims of any character,
name, and description brought for, or on account of, any injuries or damages
received or sustained by any person, persons, or property by or from the said
Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or
through the use of unacceptable materials in the construction of the improvement,
or by, or on account of any act of omission, neglect, or misconduct of the said
Contractor, or by, or on account of, any claims or amounts recovered for any
infringement of patent, trademark, or copyright, or from any claims or amounts
arising or recovered under the "Workmen's Compensation Law"or any other laws,
by-laws, ordinance, order or decree, and so much of the money due the said
Contractor under and by virtue of his Contract as shall be considered necessary
by the Engineer may be retained for the use of the City, or in case no money is
due, his surety shall be held until such suit or suits, action or actions, claim or
claims, for injuries or damages, as aforesaid, shall have been settled and suitable
evidence to that effect furnished to the Engineer.
The Contractor guarantees the payment of all just claims for materials, supplies,
tools, labor, and other just claims against him or any subcontractor in connection
with this Contract and his bonds will not be released by final acceptance and
payment by the City unless all such claims are paid or released.
1.5.13 Contractor Responsibility for Work: Until acceptance of the Work by the
Department it shall be under the charge and care of the Contractor and he shall
take every necessary precaution against injury or damage to any part thereof by
the action of the elements or from any other cause whatsoever arising from the
execution or from the non execution of the Work. The Contractor shall rebuild,
repair, restore, and make good, at his own expense, all injuries or damages to any
portion of the Work occasioned by any of the above causes before its completion
and acceptance except such ordinary wear and tear as may be due to use on
sections opened for service, as hereinafter provided.
1.5.14 Opening of Section of Work for Service: Whenever, in the opinion of the
Engineer, any portion of the Work is in acceptable condition for use it shall be
opened for service as may be directed and such opening shall not be held to be in
any way an acceptance of the Work or any part of it or as a waiver of any
provisions of these Specifications and Contract. Necessary repairs or renewals
made on any section of the Work due to its being opened for use under
instructions from the Engineer, to defective materials or work, or to natural causes
other than ordinary wear and tear, pending completion and acceptance of the
Work, shall be performed at the expense of the Contractor.
1.5.15 No Waiver of Legal Rights: The City reserves the right, should an error be
discovered in the partial or final estimates, or should conclusive proofs of defective
work or materials used by or on the part of the Contractor be discovered after the
final payment has been made, to claim and recover by process of law such sums
as may be sufficient to correct the error or make good the defects in the work and
materials.
ITB 2018-033-ND
40
1.5.16 Liabilities and Duties of Contractor Not Limited: The mention of any specific
duty or liability upon the Contractor in any part of the Specifications shall not be
construed as a limitation or restriction upon general liability or duty imposed upon
the Contractor by the Specifications, said reference to any specific duty or liability
being for purposes of explanation only. No waiver of any breach of the Contract
shall constitute a waiver of any subsequent breach of any part thereof, nor of the
Contract.
1,6 Prosecution and Progress
1.6.1 Subletting or Assigning Contracts: The Contractor will not be permitted to sublet,
assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof,
or of his right, title, or interest therein to any individual, firm, or corporation without
the written consent of the City. In case such approval is given, the Contractor must
file with the Engineer copies of all sub-contracts. No sub-contracts or transfer of
Contract shall in any case release the Contractor of his liability under this Contract
and Bond.
1.6.2 Progress of Work: It is understood and agreed that the Contractor shall
commence work no later than the time limit for beginning as set forth in the
attached Proposal, and shall provide an adequate force of labor and equipment to
prosecute the Work at as many different points as may be deemed necessary by
the Engineer so as to insure the completion of the same within the time limit for
completion as set forth in the attached Proposal or Contract, except that where the
Contractor has more than one uncompleted Contract with the City, he is not to
commence another Contract nor place materials on the streets thereof without the
consent of the Engineer.
1.6.3 Limitations of Operations: The work is to be confined, at any one time, to an area
not to exceed 1,500 feet in length; and while the work is actually going on, as much
as half this length may be barricaded to entirely exclude traffic, but not over half;
nor will two consecutive street intersections be allowed to be entirely closed to
exclude traffic except by written consent of the Engineer. Street traffic is not to be
needlessly obstructed and no street is to be opened to traffic until the Engineer
gives his consent. The Contractor may erect or maintain along the lines of his work
such tool boxes, sheds, storehouses, or other buildings as may be necessary,
provided such structures do not interfere with the reasonable use of the streets or
sidewalks. The size, location, and construction of these must be subject to the
approval of the Engineer.
The Contractor hereby agrees to arrange his work and dispose his materials so as
not to interfere with the operations of other contractors engaged upon adjacent
work and to join his work to that of others in a proper manner in accordance with
the spirit of the Plans and Specifications, and to perform his work in the proper
sequence in relation to that of other Contractors, all as may be directed by the
Engineer.
ITB 2018-033-ND
41
Each Contractor shall be held responsible for any damage done by him or his
agents to the work performed by another Contractor. Each Contractor shall so
conduct his operations and maintain the Work in such condition that adequate
drainage shall be in effect at all times.
1.6.4 Character of Workmen and Equipment: The Contractor shall employ such
superintendents, foremen, and workmen as are careful and competent. Whenever
the Engineer shall determine that any person employed by the Contractor is, in his
opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall,
upon notice, be discharged from the Work and shall not again be employed on it
except with written consent of the Engineer.
All workmen must have sufficient skill and experience to properly perform the work
assigned them. All workmen engaged on special work or skilled work, or in any
trade, shall have had sufficient experience in such work to properly and
satisfactorily perform it and to operate the equipment involved, and shall make due
and proper effort to execute the Work in the manner prescribed in these
Specifications. Otherwise the Engineer may take action as above prescribed.
Should the Contractor fail to remove such person or persons, or fail to furnish
suitable or sufficient machinery, equipment, or force for the proper prosecution of
the Work, the Engineer may withhold all estimates which are or may become due,
or may suspend the Work until such orders are complied with. The equipment
used on any portion of the Work shall be such that no injury to the roadway,
adjacent property, or other highways will result from its use; and no item of
machinery or equipment, after once being place on the Work, shall be removed
without the consent of the Engineer.
1.6.5 Temporary Suspension of Work: The City or Engineer shall have the authority to
suspend the Work wholly or in part for such period or periods as may be deemed
necessary due to unsuitable weather or such other conditions as are considered
unfavorable for the suitable prosecution of the Work, or for such time as is
necessary due to the failure on the part of the Contractor to carry out orders given
or perform any or all provisions of the Contract. If it should become necessary to
stop work for an indefinite period, the Contractor shall store all materials in such
manner that they will not obstructor impede the traveling public unnecessarily, nor
become damaged in any way, and he shall take every reasonable precaution to
prevent damage or deterioration of the work performed; provide suitable drainage
of the roadway by opening ditches, shoulder drains, etc., and erect temporary
structures where directed. The Contractor shall not suspend the Work and shall
not remove any equipment, tools, lumber, or other materials without the written
permission of the Engineer.
No allowance of any kind will be made for such suspension of work except an
equivalent extension of time for completion of the Contract.
ITB 2018-033-ND 0.2
1.6.6 Computation of Contract Time for Completion of the Work: Contractor shall
perform fully, entirely, and in accordance with these Specifications the Work
contracted for within the specified time stated in the attached Proposal. In
adjusting the contract time for the completion of the Work, the length of time
expressed in days, during which the prosecution of the Work has been delayed in
consequence of any suspension of work ordered by the Engineer, or omission of
the City and not by any fault of the Contractor, shall be added to the contract time
as set forth in the attached Proposal, all of which shall be determined by the
Engineer, and whose determination shall be binding and conclusive upon both
parties to the Contract. If the satisfactory execution and completion of the
Contract, shall require work or material in greater value than set forth in the
Contract, then the Contract time shall be increased in the same ratio as the
additional value bears to the original value contracted for. No allowance shall be
made for delay or suspension of the prosecution of the work due to fault or
negligence of the Contractor.
No claim for damages shall be made or allowed on account of delay or
postponement occasioned by the precedence of other contracts which may be
either let or executed before the execution of the Contract, or on account of the
streets or structures adjacent to the Work not being in the condition contemplated
by the parties at the time of making the Contract, or on account of delay in the
removal of obstructions; but if the Contractor shall be delayed in the performance
of his work by reason of the streets or structures adjacent to the Work not being in
condition contemplated, or on account of delay in the removal of obstructions, or
by reason of the Work or any part thereof being suspended on account of other
contracts, or for any other reason, such allowance of time will be made as the
Engineer shall deem reasonable.
1.6.7 Failure to Complete the Work on Time: The Work to be done under this Contract
is to be begun on or before the date set forth in the attached Proposal, and shall
be prosecuted with proper dispatch towards completion to the satisfaction of the
Engineer, and is to be fully completed within the time limit set forth in the attached
Proposal, and it is understood and agreed that the time limit for the completion of
said Work is of the essence of the Contract, and should the Contractor fail to
complete the Work on or before the date specified it is agreed that for each
calendar day that any work shall remain uncompleted, after the time specified in
the attached Proposal, with any extension of time which may be allowed by the
Engineer for the completion of the Work provided for in these Plans,
Specifications, Special Provisions, and Contract, the sum per day given in the
following schedule shall be deducted from the monies due to the Contractor, not
as a penalty but as liquidated damages and added expense for supervision on
each Contract.
The Contractor shall take into account all contingent work which has to be done by
other parties, arising from any cause whatsoever, and shall not plead his want of
knowledge of said contingent work as an excuse for delay in his work or for its
non-performance.
ITB 2018-033-ND 43
Nothing in this clause shall be construed as limiting the right of the City to declare
the Contract forfeited, to take over the Work, or to claim damages for the failure of
the Contractor to abide by each and every one of the terms of this Contract as set
forth and provided for in the General Provisions, Special Provisions, and
Specifications herein contained.
1.6.8 Annulment of Contract: If the Contractor fails to begin the Work under Contract
within the time specified, or fails to perform the Work with sufficient workmen and
equipment or with sufficient materials to insure the prompt completion of said
Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove
materials or perform anew such work as shall be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor
shall become insolvent or be declared bankrupt, or commit any act of bankruptcy
or insolvency, or allow any final judgment to stand against him unsatisfied for a
period of forty eight (48) hours, 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, the Engineer may give notice in writing to the Contractor and
his Surety of such delay, neglect, or default, specifying the same, and if the
Contractor, within a period of ten (10) days after such notice shall not proceed in
accordance therewith, then the City shall upon written certificate from the Engineer
of the fact of such delay, neglect, or default and the Contractor's failure to comply
with such notice, have full power and authority, without violating the Contract, to
take the prosecution of the work out of the hands of said Contractor, to appropriate
or use any or all materials and equipment on the ground as may be suitable and
acceptable and may enter into an agreement for the completion of said Contract
according to the terms and provisions thereof, or use such other methods as in its
opinion shall seem advisable for the completion of said Contract in an acceptable
manner.
All costs and charges incurred by the City, together with the costs of completing
the Work under contract, shall be deducted from any monies due or which may
become due to said Contractor. In case the expense shall exceed the sum which
would have been payable under the Contract, then the Contractor and the Surety
shall be liable and shall pay to the City the amount of said excess.
1.6.9 Termination of Contractor's Responsibility: This Contract will be considered
complete when all Work has been completed, final inspection made, and the Work
accepted by the Department as hereinafter provided. The Contractor will then be
released from further obligation except as set forth in his bond.
1.7 Measurement and Payment
Acceptance and Final Payment: Whenever the improvement provided for under
this Contract shall have been completely performed on the part of the Contractor,
and all parts of the Work have been approved by the Engineer according to the
Contract, and all trash, debris, equipment, and other things used in the
construction removed from the site of the construction and from the adjoining land,
ITB 2018-033-ND 44
the Engineer, after final inspection as provided herein, shall certify such fact to the
Department in writing, recommending the acceptance of the Work.
Upon acceptance of the Work by the Department, a final estimate showing the
value of the Work will be prepared by the Engineer as soon as the necessary
measurements and computations can be made. All prior certificates or estimates
upon which payments have been made being approximate only and subject,to
correction in the final estimate.
The amount of the Final estimate, less any sums that may have been deducted or
retained under the provisions of this Contract, will be paid to the Contractor within
thirty (30) days after the Final estimate has been approved by the Department,
provided that the Contractor has furnished to the City, a sworn affidavit to the
effect that all bills are paid and no suits are pending in connection with the Work
done under this Contract. Upon this final payment the City is to be released from
all liability whatever growing out of this Contract.
1.8 Special Provisions
1.8.1 Protection to Public: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the work. The Contractor
shall take every precaution to protect the abutting properties and minimize the
possibility of damage to same. Contractor shall be liable for restoration of all
property including City property.
1.6.2 Permits: The Contractor shall procure all permits and licenses as required;
however, there will be no charge for the construction permits issued by the City of
Miami Beach.
1.8.3 Conflict between Special Provisions and General Provisions: In case of
conflict between the requirements of Special Provisions and General Provisions,
the requirements of the Special Provisions will prevail.
1.8.4 Limitations of Operations: No work shall be accomplished on Saturdays and
Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m.;
however, the Contractor may take necessary precautions to protect work already
accomplished. For any work that the contractor finds necessary to provide during
the above days and times, the Contractor must obtain written authorization from
the Public Works or Parking Dept. Director, or designated Representative.
2.1 Scope of Work for Milling and Resurfacing of Asphalt Concrete
2.1.1 Reworking Limerock Base: Rework (or rework and widen) the existing rock
base, by adding new limerock material as required. Meet the limerock material
requirements as specified by the Florida Department of Transportation (FDOT)
standards. The contractor may use limerock of either Miami Oolite or Ocala
Formation but only use limerock of one formation on any contract. Limerock base
ITB 2018-033-ND 45
material shall be compacted to a density of no less than 98% of maximum dry
density as determined by AASHTO-T180 under all paved areas.
2.1.2 Preparing Surface: Prior to the application of the surface course, all loose
material, dust, dirt and all foreign material which might prevent proper bond with
the existing surface shall be removed to the full width of the treatment by means of
revolving brooms or approved mechanical sweeper, supplemented by hand
sweeping if required.
2.1.3 Tack Coat: Tack coat shall be Grade RS-2 in accordance with the current
Specifications of the Florida Department of Transportation and shall be heated to
such consistency that it can be pumped. It shall then be applied to the cleaned,
patched and dry surface from an approved pressure distributor, by means of a
hand hose. The tack coat shall be applied in a cobweb design in an amount
sufficient to properly insure adhesion and obviate slipping. Precaution shall be
taken to prevent an excess of tack coat which might form pools.
2.1.4 Asphaltic Wearing Surface: The material used shall comply with the
requirements of FDOT Type IN Asphalt Concrete for Road and Bridge
Construction.
2.1.5 Placing Mixture: The mixture shall be laid only where the surface to be covered is
dry and only when weather conditions, have been determined to be acceptable by
the assigned City of Miami Beach Engineer.
- 2.1.5.1 Upon arrival, the mixture shall be dumped into the approved mechanical
spreader, and immediately spread and struck off to the full width required, and to
such appropriate loose depth that when the Work is completed the weight of
mixture or thickness required per square yard will be secured.
When waived by the Special Provisions, the mechanical equipment may be
omitted and spreading accomplished by hand as hereinafter provided. The mixture
shall be laid in strips in such a manner as to provide for passage of traffic.
2.1.5.2 Before any rolling is started, the finished surface struck by the machine
shall be checked, any inequalities adjusted, and all "drippings", (i.e. fat sandy
accumulations from the screed, and all fat spots from any source) shall be
removed and replaced with satisfactory material.
2.1.5.3 When machine finishing is used, an excess amount of mixture shall be
carried ahead of the screed at all times. Hand raking shall be done behind the
machine as required and straight edging and back patching shall be done after
initial compression has been obtained and while the material is still hot.
2.1.5.4 When hand spreading is permitted or when, in the opinion of the Engineer
because of any project conditioning it becomes necessary to spread by hand, it
shall then be immediately distributed into place by means of suitable shovels and
ITB 2018-033-ND 46
other tools and spread with rakes in a uniformly loose layer of such depth as will
result in a completed course of thickness required. The loose materials shall then
be compacted with rollers or tamps. Hand work will be paid for at the unit price
per ton as indicated in the Proposal.
2.1.5.5 Under no consideration shall mixture be laid wet, when rain is falling or
when there is water omthe base.The City of Miami Beach Engineer will determine
if the mixture is acceptable, and if the base is suitable.
2.1.5.6 No skin patching shall be done, and when a depression is to be corrected
while the mixture is hot, the surface shall be well scarified before the addition of
fresh mixture. If irregularities occur greater than the limits herein specified, and
are not corrected while the mixture is still hot, the irregularities shall be cut out the
full depth of the pavement and replaced with fresh mixture.
2.1.6 Compacting Mixture:
2.1.6.1 After spreading as specified, the mixture shall be compacted with rollers as
hereinbefore specified. The rolling shall be done in the following sequence with
equipment as shown.
2.1.6.2 Seal rolling, using tandem steel rollers weighing 5 to 12 tons, and following
as close behind to the spreader as is possible without pick-up, undue
displacement or blistering of the material.
2.1.6.3 Rolling with self-propelled pneumatic-tired rollers,following as close behind
to the seal rolling as the mix will permit. The roller shall cover every portion of the
surface with at least six (6) passes. (Note: This rolling is not required for asphaltic
concrete binder courses).
2.1.6.4 Final rolling with the 8 to 12 ton tandem steel roller to be done after the
seal rolling and pneumatic-tired rolling are complete, but before the pavement
temperature has dropped below 140° F. This rolling shall be continued until all
roller marks and tire marks have been eliminated.
2.1.7 ManholesNalve Boxes: Adjust manholes and/or valve boxes by raising castings
method. Final grade will be supplied by City surveyor.
2.1.6 Traffic Loops: Replace 4, 6, and 8 loops, as required.
2.1.9 Asphaltic Concrete Patch Work:
2.1.9.1 Areas to be patched will be a minimum of 100 sq. ft. and will be ready for
tack coat and surface course.
2.1.9.2 Saw Cutting and Patching: Areas to be patched must be saw cut and
squared off as directed by City representative(minimum of 100 sq. ft.). Asphalt to
ITB 2018-033-ND 47
be removed down to lime rock base; base to be recompacted, either by roller or
vibratory tamper. Area will then be tack coated and surface course applied and
compacted.
2.1.10 Milling of Existing Asphalt Pavement:
2.1.10.1 Description: The work specified in this Section consists of removing
existing asphaltic concrete pavement by milling to improve the rideability of the
finished pavement,to lower the finished grade adjacent to the existing curb prior to
resurfacing, or to completely remove existing pavement.
2.1.10.2 When milling to improve rideability, an average depth of cut will be
specified in the Plans.
2.1.10.3 Unless otherwise specified, the disposal of the milled material becomes
the property of the Contractor.
2.1.11 Equipment:
2.1.11.1 The milling machine shall be capable of maintaining a depth of cut and
cross slope that will achieve the results specified in the Plans and Specifications.
The overall length of the machine (out to out measurement excluding the
conveyor) shall be a minimum of 18 feet. The minimum cutting width shall be 6
feet.
2.1.11.2 The milling machine shall be equipped with a built-in automatic grade
control system that can control the transverse slope and the longitudinal profile to
produce the specified results.
2.1.11.3 Any commercially manufactured milling machine meeting the above
requirements will be approved to start the project. If it becomes evident after
milling has started that the milling machine cannot consistently produce the
specified results,the milling machine will be rejected for further use.
2.1.11.4 When milling to lower the grade adjacent to existing curb or other areas
where it is impractical to use the above described equipment, the use of a smaller
milling machine will be pemlitted.
2.1.11.5 The milling machine shall be equipped with means to effectively limit the
amount of dust escaping the removal operation.
2.1.11.6 For complete pavement removal, the use of alternate removal and
crushing equipment, in lieu of the equipment specified above, may be approved by
the Engineer.
2.1.12 Construction:
2.1.12.1 When milling to improve rideability, the existing pavement shall be
ITB 2018-033-ND 48
removed to the average depth specified in the Plans, in a manner that will restore
the pavement surface to a uniform cross section and longitudinal profile. The
Engineer may require the use of a string line to ensure maintaining the proper
alignment.
2.1.12.2 The longitudinal profile of the milled surface shall be established on the
side of the cut nearest the centerline of the road. The cross slope of the milled
surface shall be established by a second sensing device near the outside edge of
the cut or by an automatic cross slope control mechanism. The Plans may waive
the requirement for automatic grade or cross slope controls where the situation
warrants such action.
2.1.12.3 The Contractor may elect to make multiple cuts to achieve the required
pavement configuration or depth of cut.
2.1.12.4 The milling machine shall be operated to effectively minimize the amount
of dust being emitted from the machine. Pre wetting of the pavement may be
required.
2.1.12.5 If traffic is to be maintained on the milled surface prior to the placement of
the new asphaltic concrete, the pattern of striations shall be such as to produce an
acceptable riding surface. The Engineer will control the traveling speed of the
milling machine to produce a texture that will provide an acceptable riding surface.
2.1.12.6 Prior to opening an area which has been milled to traffic, temporary
• striping should be placed and the pavement shall be thoroughly swept with a
power broom or other approved equipment to remove to the greatest extent
practicable, fine material which will dust under traffic. This operation shall be
conducted in a manner so as to minimize the potential for creation of a traffic
hazard and to minimize air pollution.
2.1.12.7 Sweeping of the milled surface with a power broom will be required prior
to placing asphaltic concrete.
2.1.12.8 In urban and other sensitive areas where dust would cause a serious
problem, the Contractor shall use a street sweeper (using water) or other
equipment capable of removing and controlling dust. Approval of the use of such
equipment is contingent upon its demonstrated ability to do the Work.
2.1.12.9 To prevent, to the greatest extent practicable, the infiltration of milled
material into the storm sewer system when the milling operation is within the limits
of, and adjacent to a municipal curb and gutter or a closed drainage system, the
sweeping operation shall be performed immediately after the milling operations or
as directed by the Engineer.
2.1.12.10 This operation shall also include the thorough removal of all milled
material from the gutter in such a manner as to protect the curb from damage and
ITB 2018-033-ND 49
to prevent the material being swept into the inlet openings or inlet grates. The
equipment and methods utilized to sweep the gutter shall be approved prior to
beginning and may be changed or revised to achieve the desired results as
directed by the Engineer.
2.1.13 Milled Surface:
2.1.13.1The milled surface shall have a reasonably uniform texture and shall be
within 1/4 inch of a true profile grade and shall have no deviation in excess of 114
inch from a straightedge applied to the pavement perpendicular to the centerline.
The variation of the longitudinal joint between multiple cut areas shall not exceed
1/4 inch. Areas varying from a true surface in excess of the above stated
tolerance may be accepted without correction if the City's Engineer determines
that they were caused by a pre-existing condition which could not have reasonably
been corrected by the milling operations. Any unsuitable texture or profile, as
determined by the City's Engineer, shall be corrected by the Contractor at no
additional compensation.
2.1.13.2The City's Engineer may require remilling of any areas where a surface
lamination causes a non-uniform texture to occur.
2.1.14 Basis of Payment:
2.1.14.1 The quantity shall be paid for at the Contract unit price for Milling Existing
Asphalt Pavement.
2.1.14.2The price and payment for Milling Existing Asphalt Pavement shall be full
compensation for all work specified in this section, including hauling off and
stockpiling or otherwise disposing of the milled material.
2.1.15 Legal Relations and Responsibility to the Public
2.1.15.1 Permits, Licenses, & Occupational Licenses: The Contractor shall
procure all permits and licenses as required. There will be no charge for the
construction permits issued by the City of Miami Beach. The Contractor shall also
give all notices necessary and incident to the due and lawful prosecution of the
Work.
2.1.15.2 Right of Way: In cases where the Work is done on private property the
City guarantees the Contractor the right-of-way for the construction of the Work,
but the Contractor must take all precautions not to inconvenience the tenant or
property owner any more than necessary. The right is reserved to omit any
sections of the Work which depend upon a right-of-way grant in case such
right-of-way is denied by the City.
The Contractor shall have no claims for damage due to delay by the City in
furnishing necessary right-of-way, but should any such delay occur the Contractor
ITB 2018-033-ND 50
shall be entitled to such extension of time for the completion of his Contract as
may be determined by the City to be reasonable.
In case of damage to the Work on account of work so done, the Engineer may
direct the Contractor to make the necessary repairs, and payment for such repairs
will be made as provided under "Extra Work." Should the Contractor refuse or
neglect to make the said repairs within the time specified, the Engineer shall have
the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the Work performed by him.
2.1.15.3 Restoration of Surfaces Opened by Permit: Any individual, firm, or
corporation wishing to make an opening in the street must secure a permit from,
and will be required to deposit security with, the Engineer, in a suitable amount to
cover the cost of making the necessary repairs, and the Contractor shall not allow
any person or persons to make an opening unless a duly authorized permit from
the City is presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit,
main, or service pipe or their accessories at any time before the completion of the
Work. The Contractor is to exercise such supervision thereof as will protect him
against defects in the finished Work.
In case of damage to the Work on account of work so done, the Engineer may
direct the Contractor to make the necessary repairs, and payment for such repairs
will be made as provided under 'Extra Work." Should the Contractor refuse or
neglect to make the said repairs within the time specified, the Engineer shall have
the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the Work performed by him.
2.1.15.4 Sanitary Provisions: Contractor shall provide and maintain at his own
expense, in a sanitary condition, such accommodations for the use of his
employees as is necessary to comply with the requirements and regulations of
State and County Boards of Health. He shall commit no public nuisance.
2.1.15.5 Public Convenience and Safety: Contractor shall conduct the Work so
as to insure the least obstruction to traffic practicable, and shall provide for the
convenience of the general public and of residents along and adjacent to the Work
in a manner satisfactory to the Engineer. Materials and equipment stored at the
worksite shall be done so as to cause as little obstruction to the public as possible
and shall be lighted and barricaded as hereinafter provided.
2.1.15.6 Closing Streets: Streets shah not be closed except when and where
directed by the Engineer. Whenever the street is not closed, the Work must be
conducted so that there shall at all times be a safe passageway for traffic.
Whenever it is necessary to divert traffic from any part of the Work, the Contractor
shall provide and maintain a passable driveway as directed by the Engineer.
ITB 2018-033-ND 51
Suitable barricades, danger warnings, detour signs. etc., as hereinafter provided,
shall be maintained by the Contractor in all cases and the Engineer's office and
the Fire Department shall immediately be notified by telephone or otherwise upon
the closing and/or opening of each street or section thereof,
2.1.15.7 Barricades,Warnings,and Detour Signs: The Contractor shall provide,
erect, and maintain, at his own expense, barricades, danger warnings, and detour
signs whenever they may be necessary. He shall place sufficient lights on and/or
near the Work and keep them burning from twilight to sunrise; shall erect suitable
barricades, railings, fences, and/or other protection about the Work; provide all
watchmen by day or night and take all other precautions that may be necessary;
shall maintain proper guards and lights for the prevention of accidents upon
materials, supplies, and equipment, and take all other precautions that may be
necessary for the proper protection of the Work and public convenience and
safety.
Streets closed to traffic shall be protected by effective barricades on which shall be
placed acceptable warning signs. The Contractor shall provide and maintain
acceptable warning and detour signs at all closures, intersections, and along the
detour routes, directing the traffic around the closed portion or portions of the
Work, so that the temporary detour route or routes shall be indicated dearly
throughout its or their entire length.
2.1.16 Maintenance of Traffic:
2.1.16.1 Work shall be conducted in such a manner that all streets shall be open
to traffic at night. Approved MOT with sufficient barricades, signs and lighting shall
be maintained at all times for the safety of the public and traffic, and to insure that
no traffic will pass over the placed material for at least one (1) hour after it is
spread.
2.1.16.2 Areas to be paved must be barricaded by the Contractor 24 hours prior to
commencement of the work.
2.1.16.3 It will be the responsibility of the Contractor to provide the MOT for the
work including all barricades, signs, and lighting in accordance with the above
stated requirements. The Contractor shall be responsible for providing an off-duty
police officer, if necessary to complete job.
2.1.16.4The cost of law enforcement officers will be provided as a pass-through
cost only.
2.1.17 Mobilization and Demobilization: It will be the responsibility of the Contractor to
cover all costs associated with mobilization and demobilization for the duration of
the project.
ITB 2018-033-ND 52
2.1.18 Temporary Striping: Contractor must apply temporary striping to all resurfaced
roads immediately after the asphalt has cooled enough to support striping.
2.1.19 Contractor must complete the Work requested within the time specified in the Task
Order.
2.2 Scope of Work for the Striping of City Streets and Parking Lots
All striping must meet Miami-Dade County and Florida Department of Transportation specifications.
Contractor must provide a copy of the current Miami-Dade County and Florida Department of
Transportation striping specifications upon request from the City's Procurement Division.
2.2.1 Striping of City Streets:
2.2.1.1. Thermoplastic, 4" Solid Yellow NVhite
2.2.1.2. Thermoplastic, 4" Skip Yellow/White
2.2.1.3. Thermoplastic, 6" Solid Yellow NVhite
2.2.1.4. Thermoplastic, 6" Skip Yellow NVhite
2.2.1.5. Thermoplastic, 8" Solid YellowNVhite
2.2.1.6.Thermoplastic, 12" Solid YellowlWhite
2.2.1.7.Thermoplastic, 18" Solid Yellow/White
2.2.1.8. Thermoplastic, 24" Solid YellowlWhite
2.2.1.9. 4" Solid Yellow/White Paint
2.2.1.10.4" Skip Yellow NVhite Paint
2.2.1.11.6" Solid Yellow/White Paint
2.2.1.12.6"Skip Yellow NVhite Paint
2.2.1.13. 8" Solid Yellow/White Paint
2.2.1.14. 12" Solid Yellow/White Paint
2.2.1.15. 18" Solid Yellow NVhite Paint
2.2.1.16. 24" Solid YellowlWhite Paint
2.2.1.17. RPMs(Road Reflector)
2.2.1.18.Thermoplastic Arrows 14"(Std. MDC & FDOT Specs)
2.1.1.19.Arrows 14" (Std. MDC & FDOT Specs) White Paint
2.2.1.20. Handicap Logo& Blue Stripe
2.2.1.21. Removal of Existing Thermo Striping (hydroblast)
2.2.1.22. Bicycle Pavement Markings
2.2.1.23.Thermoplastic Messages
2.2.1.24. Paint Messages
2.2.1.25 Installation of New Traffic Sign
2.2.2 Striping City Parking Lots:
2.2.2.1. Total Lots: 50 each.Average Lot Size: 1,425 LF
2.2.2.2. Colors: YellowlWhite
2.2.2.3. The City will provide a Survey and Lay-out for each Lot.
2.2.2.4. Stop Bars (12"Wide)
2.2.2.5.Thermoplastic Arrows 14"(Std. MDC& FDOT Specs)
ITB 2018-033-ND
53
2.2.2.6.Arrows 14" (Std. MDC &FDOT Specs)White Paint
2.2.2.7. Cross Hatching (12")
2.2.2.8. Handicap Logo&Blue Stripe(parking space)
2.2.2.9. Wheel Stop Installation
2.2.2.10. Disable Cross Hatching (4")
2.2.2.11 Installation of New Traffic Sign
2.2.3 Legal Relations and Responsibility to the Public
2.2.3.1 Permits, Licenses, & Occupational Licenses: The Contractor shall
procure all permits and licenses as required. There will be no charge for the
construction permits issued by the City of Miami Beach. The Contractor shall also
give all notices necessary and incident to the due and lawful prosecution of the
Work.
2.2.3.2 Right of Way: In cases where the Work is done on private property the
City guarantees the Contractor the right-of-way for the construction of the Work,
but the Contractor must take all precautions not to inconvenience the tenant or
property owner any more than necessary. The right is reserved to omit any
sections of the Work which depend upon a right-of-way grant in case such
right-of-way is denied by the City.
The Contractor shall have no claims for damage due to delay by the City in
furnishing necessary right-of-way, but should any such delay occur the Contractor
shall be entitled to such extension of time for the completion of his Contract as
may be determined by the City to be reasonable.
In case of damage to the Work on account of work so done, the Engineer may
direct the Contractor to make the necessary repairs, and payment for such repairs
will be made as provided under "Extra Work." Should the Contractor refuse or
neglect to make the said repairs within the time specified, the Engineer shall have
the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the Work performed by him.
2.2.3.3 Restoration of Surfaces Opened by Permit: Any individual, firm, or
corporation wishing to make an opening in the street must secure a permit from,
and will be required to deposit security with, the Engineer, in a suitable amount to
cover the cost of making the necessary repairs, and the Contractor shall not allow
any person or persons to make an opening unless a duly authorized permit from
the City is presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit,
main, or service pipe or their accessories at any time before the completion of the
Work. The Contractor is to exercise such supervision thereof as will protect him
against defects in the finished Work.
In case of damage to the Work on account of work so done, the Engineer may
ITB 2018-033-ND
54
direct the Contractor to make the necessary repairs, and payment for such repairs
will be made as provided under "Extra Work." Should the Contractor refuse or
neglect to make the said repairs within the time specified, the Engineer shall have
the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the Work performed by him.
2.2.3.4 Sanitary Provisions: Contractor shall provide and maintain at his own
expense, in a sanitary condition, such accommodations for the use of his
employees as is necessary to comply with the requirements and regulations of
State and County Boards of Health. He shall commit no public nuisance.
2.2.3.5 Public Convenience and Safety: Contractor shall conduct the Work so
as to insure the least obstruction to traffic practicable, and shall provide for the
convenience of the general public and of residents along and adjacent to the Work
in a manner satisfactory to the Engineer. Materials and equipment stored at the
worksite shall be done so as to cause as little obstruction to the public as possible
and shall be lighted and barricaded as hereinafter provided.
2.2.3.6 Closing Streets: Streets shall not be closed except when and where
directed by the Engineer. Whenever the street is not closed, the Work must be
conducted so that there shall at all times be a safe passageway for traffic.
Whenever it is necessary to divert traffic from any part of the Work, the Contractor
shall provide and maintain a passable driveway as directed by the Engineer.
•
Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided,
shall be maintained by the Contractor in all cases and the Engineer's office and
the Fire Department shall immediately be notified by telephone or otherwise upon
the closing and/or opening of each street or section thereof.
2.2.3.7 Barricades,Warnings, and Detour Signs: The Contractor shall provide,
erect, and maintain, at his own expense, barricades, danger warnings, and detour
signs whenever they may be necessary. He shall place sufficient lights on and/or
near the Work and keep them burning from twilight to sunrise; shall erect suitable
barricades, railings, fences, and/or other protection about the Work; provide all
watchmen by day or night and take all other precautions that may be necessary;
shall maintain proper guards and lights for the prevention of accidents upon
materials, supplies, and equipment, and take all other precautions that may be
necessary for the proper protection of the Work and public convenience and
safety.
Streets closed to traffic shall be protected by effective barricades on which shall be
placed acceptable warning signs. The Contractor shall provide and maintain
acceptable warning and detour signs at all closures, intersections, and along the
detour routes, directing the traffic around the closed portion or portions of the
Work, so that the temporary detour route or routes shall be indicated clearly
ITB 2018-033-ND 55
throughout its or their entire length.
2.2.4 Maintenance of Traffic:
2.2.4.1 Work should be conducted in such a manner that all streets shall be open
to traffic at night. Approved MOT with sufficient barricades, signs and lighting shall
be maintained at all times for the safety of the public and traffic, and to insure that
no traffic will pass over the placed material until it has properly cured.
2.2.4.2 It will be the responsibility of the Contractor to provide proper MOT
including all barricades, skins, and lighting in accordance with the above stated
requirements. The Contractor shall be responsible for providing an off-duty police
officer, if necessary to complete job.
2.2.4.3 The cost of law enforcement officers will be provided as a pass-through
cost only.
2.2.5 Mobilization and Demobilization: It will be the responsibility of the Contractor to
cover all costs associated with mobilization and demobilization for the duration of the
project.
2.2.6 Temporary Striping: Contractor must apply temporary striping to all resurfaced
roads immediately after the asphalt has cooled enough to support striping.
2.2.7 Contractor must complete the Work requested within the time specified in the Task
Order.
The remainder of this page was left intentionally blank.
ITB 2018-033-ND S6
APPENDIX D
Special Conditions
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND 57
1. TERM OF CONTRACT: This contract shall remain in effect for two (2) years from date of
contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to
renew the contract at the sole discretion of the City Manager for an additional three(3), one(1)
year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach
prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is
in the best interest of the City of Miami Beach.
In the event that the contract is held over beyond the term herein provided it shall only be from
a month-to-month basis only and shall not constitute an implied renewal of the contract. Said
month to month extension shall be upon the same terms of the contract and at the
compensation and payment provided herein, and shall not exceed six (6) months.
2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded
a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall
remain fixed and firm during the two (2) year term of this contract; provided, however, that
the bidder may offer incentive discounts from this fixed price to the City at any time during the
contractual term.
2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be
extended for an additional three (3), one(1) year terms, on a year to year basis, at
the sole discretion of the City Manager. Prior to completion of each exercised
contract term, the City may consider an adjustment to price based on Consumer
Price Index increase. Change shall not be more than the percentage increase or
decrease in the Consumer Price Index CR-U (all urban areas) computed 60 days
prior to the anniversary date of the contract.
It is the vendor's responsibility to request any pricing adjustment under this
provision. For any adjustment to commence on the first day of any exercised
option period, the vendor's request for adjustment should be submitted 60 days
prior to expiration of the then current contract term.
The vendor adjustment request must clearly substantiate the requested increase.
If no adjustment request is received from the vendor, the City will assume that the
vendor has agreed that the optional term may be exercised without pricing
adjustment. Any adjustment request received after the commencement of a new
option period may not be considered.
3. LIQUIDATED DAMAGES: Failure to complete work orders as agreed to when the work is
assigned may result in the successful Bidder being assessed the additional cost incurred by
the City (liquidated damages)for any and all costs associated with the service performed by a
secondary vendor.
4. BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with
their bid, evidence that they are qualified to satisfactorily perform the specified work.
Evidence shall include all information necessary to certify that the bidder: maintains a
permanent place of business; has technical knowledge and practical experience in the type of
work specified in the Scope of Work; has available the organization and qualified manpower
ITB 2018-033-ND 58
to do the work; has adequate financial status to meet the financial obligations incident to the
work; has not had just or proper claims pending against him or his work; and has provided
the Work materials and services as described in these bid specifications. The evidence will
consist of listing of work that has been provided to public and private sector clients, i.e. nature
of WORK within at a minimum, the last three (3) years.
5. CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami
Beach. As contract employees of the City, all employees will be required to adhere to the
City's "Service Excellence" standards and expected to conduct themselves in a professional,
courteous and ethical manner in all situations. The successful bidder's employees must work
as a cooperative team of well-trained professionals, and must serve the public with dignity
and respect. All business transactions with the City will be conducted with honesty, integrity,
and dedication.
6. WARRANTY: The successful bidder will be required to warranty all work performed.
Warranty shall be provided in detail, upon request.
PLEASE REFER TO SAMPLE CONTRACT, APPENDIX G, FOR OTHER APPLICABLE
CONDITIONS.
The remainder of this page was leftintentionally blank.
ITB 2018-033-ND 59
APPENDIX E
1 , �' I 1.=_1 _ 1 J
Cost Proposal Form
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND 60
APPENDIX E
COST PROPOSAL FORM
Failure to submit Appendix E,Cost Proposal Form,in its entirety and fully executed by the deadline established
for the receipt of proposals will result in proposal being deemed non-responsive and being rejected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form
(Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E)
completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form
(Appendix E) shall be initialed.
Total
Item Description Quantity UIM Unit Cost 10uantity_XL nit Cosq
CONCRETE CURBING/SIDEWALK CONSTRUCTION-Contractor proposes to furnish all labor,material,equipment,supervision,
mobilization and demobilization costs, maintenance of traffic including off duty police officers. if necessary, and transportation
necessary for concrete curbing/sidewalk construction on an as-needed basis for the City of Miami Beach in accordance with the
bid specifications.
1 Remove and Replace 4'Concrete Sidewalk 3.000 SF $ $
Remove and Replace 4'Concrete Sidewalk
with additional equipment(where no dump
2 truck or container may be used) 3.000 SF $ $
3 Remove and Replace 6"Concrete Sidewalk 3.000 SF $ $
Remove and Replace 6"Concrete Sidewalk
with additional equipment(where no dump
4 truck or container may be used) 3 000 SF $ $
5 Remove and Replace 24"-30"Curb&Gutter 1,000 LF $ $
6 Remove and Replace 36%42"Curb&Gutter 1,000 LF $ $
7 Remove and Replace 6"x12"Curb 1,000 LF $ $
Cast in Place American Disabilities Act(ADA)
8 Mats Yellow/Gray 40 EA $ $
9 Surface Applied ADA Mats Yellow/Gray 40 EA $ $
10 Construct 4"Concrete Sidewalk 3.000 SF $ $
Construct 4"Concrete Sidewalk with
additional equipment(where no dump truck or
11 container may be used) 3.000 SF $ $
12 Construct 6"Concrete Sidewalk 3,000 SF S $
Construct 6'Concrete Sidewalk with
addidonal equipment(where no dump truck or
13 container may be used) 3,000 SF $ $
14 Construct 18"Curb&Gutter 3,000 LF $ $
15 Construct 24"Curb&Gutter 3,000 LF $
16 Construct 30"Curb&Gutter 3,000 LF $ $
17 Construct 6'x12"Concrete Curb 3,000 LF $ $
18 Construct Pedestrian Ramp 12 EA $
Upcharge for Extra Strength Concrete(4,000
19 psi) 1,000 CF S $
20 Addition of Miami Beach Red Coloring Mixture 4,000 CY $ $
ITB 2018-033-ND 61
21 Pavement Restoration 3,000 SF $ $
22 Furnish and Install New Pavers 1,000 SF $ _ $
23 Remove and Reset Existing Pavers 1.000 SF $ $
24 Furnish and Install 1"Meter Box 50 EA $ $
25 Furnish and Install 1 .S Meter Box 50 EA $ $
26 Furnish and Install 2"Meter Box 50 EA $ $
27 Furnish and Install 3"Meter Box 50 EA $ $
28 Furnish and Install Sewer Clean Out Box 50 EA $ $
29 Furnish and Install Electrical Box 10 EA $ $
30 Install Hand Rails 100 LF $ $
31 Remove and Replace Existin• Pavers 1,000 SF $ $
Total
Item Description Quantity UI M Unit Cost leuantiry_M Unit_Casq
MILLING 8 RESURFACING OF ASPHALT CONCRETE - Contractor proposes to furnish all labor, material, equipment,
supervision, mobilization and demobilization costs, maintenance of traffic including off duty police officers, if necessary, and
transportation necessary to mill and resurface asphalt concrete on an as-needed basis for the City of Miami Beach in accordance
with the bid specifications.
33 Rework Limerock Base+I-3 inches 25,000 CY $ $
34 Remove and replace 8 inch Limerock base 25,000 CY $ $
35 New Limerock 8 inch base 25,000 CY $ $
36 Roads-0-200 Tons Leveling Course 1.000 TN $ $
37 Roads-200+Tons Leveling Course 1,000 TN $ $
38 Intersections-0-200 Tons Leveling Course 500 TN $ $
39 Intersections-200+Tons Leveling Course 500 TN $ $
40 FOOT Type Ill-Asphalt Concrete 12,000 TN $ S
41 Adjust Manhole and/or Valve Boxes 5D EA $ S
42 Adjust Manhole 50 EA $ $
• 43 Replace Manhole Rim and Cover 50 EA $ $
44 Adjust Valve Boxes 50 EA $ $
45 Replace Valve Box Cover/Riser 50 EA $ $
46 Replace Traffic Loops(4,6,8 loops) 10 EA $ $
Saw Cutting&Permanent Patching w/Base&
47 Roller Compaction-1"Removal&Patching 200,000 LF $ 5
Saw Cutting&Permanent Patching wl Base&
48 Roller Compaction-2"Removal&Patchinq 200.000 LF $ $
49 Milling Existing Asphalt Concrete-1"Cut 12000 SY $ $
50 Milling Existing Asphalt Concrete-2"Cut 12,000 SY $ $
51 Milling Existing Asphalt Concrete-3"Cut 12.000 SY $ $
52 Milling Existing Asphalt Concrete-4"Cut 12.000 SY $ $
Tot/
Item Description Quantity U I M Unit Cost louantity_x snit Cost)
STRIPING OF CITY STREETS • Contractor proposes to furnish all labor, material, equipment, supervision, mobilization and
demobilization costs, maintenance of traffic including off duty police officers, if necessary, and transportation necessary to stripe
streets on an as-needed basis for the City of Miami Beach in accordance with the bid specifications.
54 Themoplastic 4'Solid Yellow/White 5,280 LF $
55 4"Solid Yellow/White Paint 5,280 LF $ I SS
ITB 2018-033-ND 62
56 Themoplastic 4"Skip White 5,280 LF 1 $ $
57 Themoplastic 4'Skip Yellow 5,280 LF 5 $
58 4"Skip Yellow/White Faint 5,280 LF 5 $
59 Themoplastic 6'Solid White 5,280 LF $ $
60 Themoplastic 6"Solid Yellow 5,280 LF $ $
61 6'Solid YellawMNhite Paint 5,280 LF $ $
62 Themoplastic 6'Skip White 5,280 LF 5 $
63 Themoplastic 6"Skip Yellow 5,280 LF $ $
64 6"Skip Yellow/White Paint 5,280 LF 5 $
65 Themoplastic 8'Solid White 5,280 LF S $
66 Themoplastic 8'Solid Yellow 5,280 LF $ $
67 8"Solid Yellowhvhite Paint 5,280 LF $ $
68 Themoplastic 12'Solid White 5,280 LF $ $
69 Themoplastic 12"Solid Yellow 5,280 LF $ $
70 12"Solid YellowMNhite Paint 5,280 LF $ $
71 Themoplastic 18'Solid White 5,280 LF $ S
72 Themoplastic 18"Solid Yellow 5,280 LF $ $
73 18"Solid YellowNVhite Paint 5,280 LF $ $
74 Themoplastic 24'Solid White 5,280 LF $ $
75 Themoplastic 24"Solid Yellow 5.280 LF $ $
76 24"Solid Yellowiwhite Paint 5,280 LF $ S
77 RPMs(Road Reflector) 500 EA $ $
Thermoplastic Arrows 14"(Std.MDC&FDOT
78 Specs) 50 EA $ $
Arrows 14'(Std.MDC&FDOT Specs)White
79 Paint 50 EA $ $
80 Thermoplastic Handicap Logo&Blue Stripe 5 EA $ $
81 Handicap Logo&Blue Stripe Paint 5 EA $ $
Removal of ALL Existing Thermo Striping
82 (hydroblast) 1000 SF $ $
83 Bicycle Pavement Marking 50 EA 5 S
84 Thermoplastic Messages 50 EA $ $
85 Paint Messages 50 EA $ $
86 Installation of New Traffic Si•n 10 EA $ $
Total
Item Description Quantity U I M Unit Cost iouantry_x_Lnir_cosp
STRIPING OF PARKING LOTS • Contractor proposes to furnish all labor, material, equipment, supervision, mobilization and
demobilization costs, maintenance of traffic including off duty police officers. if necessary, and transportation necessary to stripe
parking lots on an as-needed basis for the City of Miami Beach in accordance with the bid specifications.
87 Thermoplastic Slop Bars(12'Wide) 150 LF $ $
88 Stop Bars(12'Wide)White Paint 150 LF $ $
Thermoplastic Arrows 14'(Std.MDC&FOOT
89 Specs) 50 EA $ S
Arrows 14'(Std.MDC&FDOT Specs)White
90 Paint 50 EA 5 $
91 Thermoplastic Cross Hatching(12") 200 LF $ 5
ITB 2018-033—ND 63
I 92 Crass Hatching(12')White Paint 200 LF $ $
93 Thermoplastic Handicap Logo&Blue Stripe 30 EA $ $
94 Handicap Logo 8 Blue Stripe Paint 30 EA $ $
95 r Thermoplastic Disable Cross Hatching(4") 160 EA $ $
96 Disable Cross Hatching(4')Paint 160 EA $ $
97 Wheel Stop Installation 200 EA $ $
98 Installation of New Traffic Sign 10 EA $ $
Bidders Affirmation
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
The remainder of this page was left intentionally blank.
ITB 2018-033—ND 64
APPENDIX F
\ /� ' i 1 4
Insurance Requirements
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction ,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3'd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND 65
MIAMI BEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is
required to maintain throughout the term of the contract and any renewal
periods.
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state
of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00
per occurrence for bodily injury property damage to include Premises/ Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements"of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4, Excess Liability- $ .00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate.
6. Other Insurance as indicated:
_Builders Risk completed value $ .00
Liquor Liability $ .00
_Fire Legal Liability $ .00
_Protection and Indemnity $ .00
_Employee Dishonesty Bond $ .00
Other $ .00
XXX 7. Thirty(30)days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-
insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida
Constitution, and any other applicable Statutes.
ITS 2018-033-ND 66
APPENDIX G
Sample Contract
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND 67
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal
corporation of the State of Florida ("City"), and (Vendor Name). ("Contractor").
WI T N E S S E T H, that Contractor and City, for the considerations hereinafter named,
agree as follows:
ARTICLE 1
SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the Work described in the Contract Documents, including
Exhibit D-Supplemental Terms and Conditions, and any Contractor Service Order issued to
Contractor for any Project hereunder, and shall perform all Work in accordance with the
requirements of the Contract Documents, for the following catagories:
Roofing Contractor
ARTICLE 2
CONTRACT TIME
2.1 This contract shall remain in effect for three (3) years from date of contract execution by
the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract,
at the sole discretion of the City Manager, for two (2) renewal periods of one (1) year
each.
2.2 Contractor shall commence the Work upon written notice to proceed in the form of a
Purchase Order issued by the City, and a Contractor Service Order signed by either the
City Manager or the Department Director ordering the Work , specifying the specific
tasks to be performed by the Contractor for any Project. A separate Contractor
Service Order shall be required prior to commencement of any Work on any
Project. Contractor shall commence scheduling activities, permit applications and other
preconstruction work within five (5) calendar days after receipt of Purchase Order, which
date shall establish the Project Initiation Date. The Purchase Order will not be issued
until Contractor's submission to City of all required documents (including but limited to:
Payment and Performance Bonds, and Insurance Certificate) and after execution of the
Contract by both parties. Contractor shall have no entitlement to perform (or be
compensated for) any Work under this Agreement, unless such Work is authorized, at
the City's sole discretion, by a Contractor Service Order.
2.2.1. The receipt of all necessary permits by Contractor and acceptance of the full
progress schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to the
issuance of a Purchase Order to mobilize on any Project site and commence
68
with physical construction of the Work.
2.3 Time is of the essence throughout this Contract. Unless otherwise specified in a
Contractor Service Order, any project awarded to the Contractor pursuant to this
Agreement shall be substantially completed within thirty (30) calendar days from the
issuance of the City-approved Contractor Service Order ("Contractor Service Order") or
accompanying Purchase Order (whichever is later), or as otherwise specified in the
Contractor Service Order, and completed and ready for final payment in accordance with
Article 5 within thirty (30) calendar days from the date determined by Consultant or the
City as the date of Substantial Completion.
2.4 Unless otherwise specified in a Contractor Service Order for any particular Project, upon
failure of Contractor to substantially complete the Work within the time specified for
Substantial Completion in any Contractor Service Order, plus any approved time
extensions, Contractor shall pay to City the sum of one hundred dollars ($100.00) for
each calendar day of delay in achieving Substantial Completion. Contractor
acknowledges and agrees that the foregoing amounts are not penalties but are
liquidated damages to City for its inability to obtain full beneficial occupancy and/or use
of the Project. Unless otherwise specified in a Contractor Service Order, liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by
City as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure
of Contractor to complete the Contract on time.
2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the
Work under this Contract or as much thereof as City may, in its sole discretion, deem
just and reasonable.
2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages,
for all costs incurred by Consultant in administering the construction of the Project
beyond the completion date specified above, plus approved time extensions. Consultant
construction administration costs shall be pursuant to the contract between City and
Consultant, a copy of which is available upon request of the Contract Administrator. All
such costs shall be deducted from the monies due Contractor for performance of Work
under this Contract by means of unilateral credit change orders issued by City as costs
are incurred by Consultant and agreed to by City.
ARTICLE 3
ASSIGNMENT OF WORK
In consideration of the Work to be provided hereunder, Contractor shall be compensated
on Time and Material basis or as a Lump Sum basis, as specified in the Contractor Service
Order.
69
3.1 TIME AND MATERIAL BASIS
The City may award work on a time and materials basis in accordance with hourly rates
offered. The Project Manager shall select the contractor deemed to be best qualified for
the project. In doing so, the criteria specified in Section 2-369 of the City Code may be
considered. In the event that the contractor with the lowest cost is not selected, the
reason(s) shall be documented on the purchase requisition.
3.1.1 For parts and materials ordered under this option, vendors shall provide quotes
or invoice, as determined by the Contract Manager, based on the cost of parts
and materials plus the agreed to mark-up. In determining cost of materials to
which the mark-up may be applied, the contracting officer may require the
vendor to provide actual cost of parts and materials (i.e. contractor's invoice,
MSRP, etc.),
3.2 LUMP SUM BASIS
In lieu of a time and materials order, the project/contract manager may request quotes
from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive,
responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified
Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form
at the time of submission. At its own expense, the contractor shall visit the site and
prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other
costs. Each quote prepared by the contractor shall include an acceptable description of
the nature, extent and character of the work required, as well as performance and
delivery schedules. In the alternative, project managers may require an itemized
breakdown of the lump sum amounts.
3.2.1 For projects with an estimated cost up to the amount specified In City
Procedure PO16.02, Threshold Category 1 (currently$10,000 or as amended),
the project/contract manager may select the contractor deemed to be best
qualified.
3.2.2 For projects with an estimated cost exceeding the amount specified in City
Procedure PO16.02, Threshold Category 1 (currently $10,000 or as amended),
the project/contract manager shall solicit three quotes. Following the
determination of the best quote, in the Department's Director sole discretion, a
Contractor Service Order shall be executed for the project, (see section 5.3),
prior to issuing a Purchase Order. The City Manager's approval, along with a
justification, is also required when the contractor offering the lowest cost is not
selected.
3.2.3 For projects $50,000 or greater, the City Manager's approval is required and a
Contractor Service Order shall be executed for the project. The City Manager's
approval, along with a justification, is also required when the contractor offering
the lowest cost is not selected.
3.2.4 Contractor shall be instructed to commence the Work by written instructionsas
further detailed in Section 3.3. Contractor shall commence scheduling
activities, permit applications and other preconstruction work within five (5)
70
calendar days after receipt of Purchase Order, which date shall establish the
Project Initiation Date.
3.3 PERFORMANCE AND PAYMENT BOND
The City will require a performance and payment bond for any project in excess of
$200,000. Within ten (10) calendar days of City execution of the Contractor Service
Order, 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.
3.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the
Contractor Service Order, guaranteeing to City the completion and performance
of the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. The City may
accept a 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 Performance Bond and Payment Bond.
3.3.2 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.
3.3.3 Pursuant to the requirements of Section 255.05(1)(a), 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.
ARTICLE 3
PROGRESS PAYMENTS
3.0 Contractor may make Application for Payment for work completed during the Project at
intervals of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount due,
71
together with such supporting evidence as may be required by Consultant. Contractor
shall include, but same shall be limited to, at Consultant's discretion, with each
Application for Payment, an updated progress schedule acceptable to Consultant as
required by the Contract Documents and a release of liens and consent of surety relative
to the work which is the subject of the Application. Each Application for Payment shall be
submitted in triplicate to Consultant for approval. Upon submission of an acceptable
updated progress schedule and the other documents required herein along with the
application for payment, City shall make payment to Contractor with respect to approved
Applications for Payment, less retainage as herein provided for and/or withholding of any
other amounts pursuant to the Contract Documents, within twenty-five (25) days in
accordance with Section 218.735 of the Florida Statutes.
3.1 At the City's discretion, if specified in a Contractor Service Order, ten percent (10%) of
all monies earned by Contractor may be retained by City until Final Completion and
acceptance by City in accordance with Article 5 hereof, except that after fifty percent
(50%) of the Work has been completed, the Contract Administrator shall reduce the
retainage to five percent (5%) of all monies previously earned and all monies earned
thereafter. Any additional reduction in retainage shall be in the sole discretion of the City
Manager or applicable Department Director provided that Contractor shall have no
entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit
of City. All requests for retainage reduction in writing in a separate stand-alone
document from monthly applications for payment.
3.2 City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
3.2.1 Defective work not remedied.
3.2.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
3.2.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
3.2.4 Damage to another contractor not remedied.
3.2.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
4.3.6 Failure of Contractor to provide any and all documents required by the Contract
Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 4
ACCEPTANCE AND FINAL PAYMENT
4.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection
and acceptance. City shall, within ten (10) calendar days, make an inspection thereof. If
72
City and Contract Administrator find the Work acceptable, the requisite documents have
been submitted and the requirements of the Contract Documents fully satisfied, and all
conditions of the permits and regulatory agencies have been met, a final payment shall
be made by the City. The acceptance of final payment shall constitute a waiver of all
claims by Contractor, except those previously made in strict accordance with the
provisions of the General Conditions and identified by Contractor as unsettled at the time
of the application for final payment.
ARTICLE 5
MISCELLANEOUS
5.1 A. The term "Contract Documents' as referenced herein shall include "Contract
Documents' shall mean this Contract (together with all exhibits, addenda, Contractor
Service Orders and written amendments issued thereto), and all Design Documents and
Construction Documents. The Contract Documents shall also include, without limitation
(together with all exhibits, addenda, and written amendments issued thereto), the
Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, surety payment bond
and performance bond, Special Conditions, and Contractor's response to the ITB. The
requirements of the Contract Documents, as such term is defined herein, are hereby
incorporated by reference as if fully set forth herein. This Contract is part of, and
incorporated in, the Contract Documents. Accordingly, all of the documents
incorporated by the Contract Documents shall govern any Contractor Service Order
issued under this Contract.
B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies,
tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and
conditions thereof, building code changes and government approvals, licenses, tests,
quality assurance and/or quality control inspections and related certifications, surveys,
studies, and other items, work and services that are necessary or appropriate for the
total construction, installation, and functioning of the Project specified in any Contractor
Service Order, together with all additional, collateral and incidental items, and work and
services required for delivery of a completed, fully functional and functioning Project as
set forth in the Contract Documents.
5.2 Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent provision elsewhere in the Contract Documents or under any
applicable law, regulation, statute or code requirement which is applicable to this Project,
the more stringent provision shall prevail and govern the performance of the Work.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid
on a contract to provide any goods or services to the City, may not submit a bid on a
contract with the City for the construction or repair of a public building or public work,
may not submit bids on leases of real property to the City, may not be awarded or
73
perform work as a contractor, supplier, subcontractor, or consultant under a contract with
the City, and may not transact any business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for category two purchases for a
period of 36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the City purchase and may
result in Contractor debarment.
6.4 Independent Contractor
Contractor is an independent contractor under this Contract. Services provided by
Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In
providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
6.5 Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified.
The place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties designate the
following:
For City:
PROCUREMENT DEPARTMENT
1755 Meridian Avenue
Miami Beach, Florida 33139
Attn: Alex Denis, Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
74
For Contractor:
VENDOR NAME
ADDRESS
ADDRESS
Attn:
Phone:
Email:
6.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any portion of
the work required by this Contract except as authorized by Section 27 of the General
Conditions. Contractor represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience, education, or
a combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Work and to provide and perform such services to
City's satisfaction for the agreed compensation.
Contractor shall perform its duties, obligations, and services under this Contract in a
skillful and respectable manner. The quality of Contractor's performance and all interim
and final product(s) provided to or on behalf of City shall be comparable to the best local
and national standards.
6.8 Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Contract and,
therefore, is a material term hereof.
City's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
75
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Contract, Contractor and City hereby
expressly waive any rights either party may have to a trial by jury of any civil
litigation related to, or arising out of the Project. Contractor shall specifically bind
all subcontractors to the provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City and Contractor.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance
with Section 6.11 above.
6.13 Indemnification
Contractor shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of 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.
The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions
of every name and description covered by Section 6.1 above which may be brought
against City whether performed by Contractor , or persons employed or utilized by
Contractor.
6.14 Inspection of Work
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.
76
6.14.1 Should the Contract Documents, Consultants instructions, any laws, 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.
6.14.2 Re-examination 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.
Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of, the Contract Documents or to delay the Contract by failure to inspect the
materials and work with reasonable promptness without the written permission or
instruction of Consultant.
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.
6.15 Termination
Termination for Convenience. In addition to other rights the City may have at law and
pursuant to the Contract Documents with respect to cancellation and termination of the
Agreement, the City may, in its sole discretion, terminate for the City's convenience the
performance of Work under this Agreement, in whole or in part, at any time upon written
notice to the Contractor. The City shall effectuate such Termination for Convenience by
delivering to the Contractor a Notice of Termination for Convenience, specifying the
applicable scope and effective date of termination, which termination shall be deemed
operative as of the effective date specified therein without any further written notices
from the City required. Such Termination for Convenience shall not be deemed a
breach of the Agreement, and may be issued by the City with or without cause.
6.15.1 Upon receipt of such Notice of Termination for Convenience from the City, and
except as otherwise directed by the City, the Contractor shall immediately
proceed with the following obligations, regardless of any delay in determining or
adjusting any amounts due under this Section 6.15:
i. Stop the Work specified as terminated in the Notice of Termination for
Convenience;
ii. Promptly notify all Subcontractors of such termination, cancel all
contracts and purchase orders to the extent they relate to the Work
77
terminated to the fullest extent possible and take such other actions
as are necessary to minimize demobilization and termination costs for
such cancellations;
iii. Immediately deliver to the City all Project records, in their
original/native electronic format (i.e. CAD, Word, Excel, etc.), any and
all other unfinished documents, and any and all warranties and
guaranties for Work, equipment or materials already installed or
purchased;
iv. If specifically directed by the City in writing, assign to the City all right,
title and interest of Contractor under any contract, subcontract and/or
purchase order, in which case the City shall have the right and
obligation to settle or to pay any outstanding claims arising from said
contracts, subcontracts or purchase orders;
v. Place no further subcontracts or purchase orders for materials,
services, or facilities, except as necessary to complete the portion of
the Work not terminated (if any) under the Notice of Termination for
Convenience;
vi. As directed by the City, transfer title and deliver to the City (1) the
fabricated and non-fabricated parts, Work in progress, completed
Work, supplies and other material produced or required for the Work
terminated; and (2) the completed or partially completed Project
records that, if this Agreement had been completed, would be
required to be furnished to the City;
vii.-Settle all outstanding liabilities and termination settlement proposals
from the termination of any subcontracts or purchase orders, with the
prior approval or ratification to the extent required by the City(if any);
viii. Take any action that may be necessary, or that the City may direct, for
the protection and preservation of the Project Site, including life safety
and any property related to this Agreement that is in the Contractor's
possession and in which the City has or may acquire an interest; and
ix. Complete performance of the Work not terminated (if any).
6.15.2 Upon issuance of such Notice of Termination for Convenience, the Contractor
shall only be entitled to payment for the Work satisfactorily performed up until the
date of its receipt of such Notice of Termination for Convenience, but no later
than the effective date specified therein. Payment for the Work satisfactorily
performed shall be determined by the City in good faith, in accordance with the
percent completion of the Work, less all amounts previously paid to the
Contractor in approved Applications for Payment, the reasonable costs of
demobilization and reasonable costs, if any, for canceling contracts and
purchase orders with Subcontractors to the extent such costs are not reasonably
avoidable by the Contractor.
Contractor shall submit, for the City's review and consideration, a final
78
termination payment proposal with substantiating documentation, including an
updated Schedule of Values, within 30 days of the effective date of termination,
unless extended in writing by the City upon request. Such termination amount
shall be mutually agreed upon by the City and the Contractor and absent such
agreement, the City shall, no less than fifteen (15) days prior to making final
payment, provide the Contractor with written notice of the amount the City
intends to pay to the Contractor. Such final payment so made to the Contractor
shall be in full and final settlement for Work performed under this Agreement,
except to the extent the Contractor disputes such amount in a written notice
delivered to and received by the City prior to the City's tendering such final
payment.
6.16. Termination of Agreement For Cause.
The City, through the City Manager, may terminate this Agreement for cause, upon
written notice to Contractor, in the event that the Contractor(1) violates any provision of
this Agreement or performs same in bad faith; (2) unreasonably delays the performance
of the Work or any portion thereof; or (3) does not perform the Work or any portion
thereof in a timely and satisfactory manner. In the case of termination for cause by the
City, the Contractor shall first be granted a fifteen (15) day cure period (commencing
upon receipt of the initial written notice of default from the City). The following
occurances shall be deemed sufficient grounds for termination for cause:
6.16.1. Failing to make payments to Subcontractors or Suppliers for materials or labor in
accordance with the respective Subcontracts and Purchase Orders:
6.16.2. Failing to perform any portion of the Work in a manner consistent with the
requirements of the Contract Documents or within the time required therein;
6.16.3. Failing to perform the Work with sufficient manpower, workmen and equipment or
with sufficient materials, with the effect of delaying the prosecution of the Work in
accordance with the Project Schedule and/or delaying completion of any Work
within the specified time;
6.16.4. Failing and/or refusing to remove, repair and/or replace any portion of the Work
as may be rejected as defective or nonconforming with the terms and conditions
of the Contract Documents;
6.16.5.A custodian, trustee or receiver is appointed for the Contractor, or the
Contractor becomes insolvent or bankrupt, is generally not paying its debts as
they become due or makes an assignment for the benefit of creditors, or the
Contractor causes or suffers an order for relief to be entered with respect to it
under applicable Federal bankruptcy law or applies for or consents to the
appointment of a custodian, trustee or receiver for the Contractor, or
bankruptcy, reorganization, arrangement or insolvency proceedings, or other
proceedings for relief under any bankruptcy or similar law or laws for the relief
of debtors, are instituted by or against the Contractor;
6.16.6.An indictment is issued against the Contractor;
79
6.16.7. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
6.16.8. Fraud, misrepresentation or material misstatement by Contractor in the course of
obtaining this Agreement;
6.16.9. Failing to comply in any material respect with any of the terms of this Agreement or
the other Contract Documents.
Upon the issuance of a Notice of Termination for Cause,the Contractor shall:
i. Immediately deliver to the City all Submittals and Project-related records in
their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all
other unfinished documents, and any and all warranties and guaranties for
Work, equipment or materials already installed or purchased;
H. If specifically directed by the City in writing, assign to the City all right, title
and interest of Contractor under any contract, subcontract and/or purchase
order, in which case the City shall have the right and obligation to settle or
to pay any outstanding claims arising from said contracts, subcontracts or
purchase orders;
As directed by the City, transfer title and deliver to the City (1) the fabricated
and non-fabricated parts, Work in progress, completed Work, supplies and
other material produced or required for the Work terminated; and (2) the
completed or partially completed Project records that, if this Agreement had
been completed,would be required to be furnished to the City; and
iv. Take any action that may be necessary, or that the City may direct, for the
protection and preservation of the property related to this Agreement that is
in the Contractor's possession and in which the City has or may acquire an
interest.
The rights and remedies of the City under this Section shall apply tcrall defaults that fail to be cured
within the applicable cure period or are cured but in an untimely manner,and the City shall not be
obligated to accept such late cure. The City reserves the right, in lieu of termination as set forth herein,
to withhold any payments of money which may be due or become due to the Contractor until said
defaults have been remedied. In no event shall Contractor be entitled to any compensation for
anticipatory profits or consequential damages as a result of the discontinuance of any portion of the
Work, or termination of this Contract. In the event it is determined,for any reason,that Contractor was
not in default under the provisions of this Section,then the City's notice of termination for default shall
automatically be treated as a termination for convenience,and the rights and obligations of the City and
Contractor shall be the same as if the notice of termination had been issued pursuant to the termination
for convenience clause contained in Section 6.15. The Contractor shall have no further recourse of any
nature against the City for any wrongful termination.
6.17 Taxes
80
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.
[Remainder of Page Intentionally Left Blank]
81
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
ATTEST: THE CITY OF MIAMI BEACH
City Clerk Mayor
Attest: VENDOR NAME
Signature/Secretary Signature/President
Print Name Print Name
82
EXHIBIT A
CONTRACTOR SERVICE ORDER
Contractor Service Order No.
TO:
PROJECT NAME: Prosect Name
DATE:
SCOPE OF SERVICES:
Per attached proposal dated , to be considered part of this Agreement.
Estimated calendar days to complete this work: Days
Original Service Order Amount: $
Change Order_to Service Order Amount:
(ALL CHANGE ORDERS MUST BE APPROVED IN WRITING $
BY THE CITY PRIOR TO THE WORK.)
Total From Previous Change Orders to Service Orders:
Fee for this Service Order is Lump Sum/Not to Exceed amount
of:
Total Agreement to Date: $
City's Project Administrator Date
Department Director Date Contractor. Date
(between $10,000-$50,000)
City Manager Date
(exceeding$50,000)
83
MIAMI BEACH 00710
EXHIBIT B: FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor , and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as work progresses (even
though there should be a default or a succession of defaults under the Contract
84
00710
FORM OF PERFORMANCE BOND (Continued)
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL) •
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
85
00720
EXHIBIT C: FORM OF PAYMENT BOND
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: , awarded the day of , 20 , with City
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract`
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTORS OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the pre
conditions (2.1)and (2.2) have been given. 00720
2.4. Any action under this Bond must be instituted in accordance with the Notice
86
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of . 20
Contractor
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
87
EXHIBIT D TO THE AGREEMENT
FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING
AND RESURFACING OF ASPHALT CONCRETE, AND STRIPING OF CITY STREETS
AND PARKING LOTS PURSUANT TO ITB 2018-033-ND
1. Definitions: Whenever the following terms or pronouns in place of them appear in the
Project Manual, the intent and meaning shall be interpreted as follows:
1.21 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms
"Bid" and "Bid Submittal" are used interchangeably.
1.22 Bidder: Any individual, firm, or corporation submitting a bid for this Project,
acting directly or through a duly authorized representative.
1.23 Change Order: A written document ordering a change in the Contract Price or
Contract Time or a material change.
1.24 City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which
this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner of a construction project. In the
event City exercises its regulatory authority as a governmental body, the
exercise of such regulatory authority and the enforcement of any rules,
regulations, laws and ordinances shall be deemed to have occurred pursuant
to City's regulatory authority as a governmental body and shall not be
attributable in any manner to City as a party to this Contract.
1.25 City Commission: City Commission shall mean the governing and legislative
body of the City.
1.26 City Manager: City Manager shall mean the Chief Administrative Officer of
the City.
1.27 Contract: The part or section of the Contract Documents addressing some of
the rights and duties of the parties hereto, including but not limited to contract
time and liquidated damages.
1.28 Contract Documents: The official documents setting forth bidding
information, requirements and contractual obligations for the project and
includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders,
Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms,
General Conditions, Supplementary Conditions, Plans, Drawings, Addenda,
Award by the City Commission, Bonds, Notice of Award, Notices to Proceed,
Purchase Order(s), Change Order(s), Field Order(s), Supplemental
Instructions, and any additional documents the submission of which is
required by the Project.
1.29 Contract Price: The original amount established in the Bid Submittal and
award by the City, as may be amended by Change Order.
88
1.30 Contractor: The person or entity with whom the City has contracted and who
is responsible for the acceptable performance of the Work and for the
payment of all legal debts pertaining to the Work. All references in the
Contract Documents to third. parties under contract or control of Contractor
shall be deemed to be a reference to Contractor.
1.31 Department: The Public Works Department, or any other City department
authorized to use any resulting agreement.
1.32 Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.33 Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
1.34 Plans and/or Drawings: The official graphic representations of this Project
which are a part of the Contract Documents.
1.35 Responsible Bidder: An offeror who has the capability in all respects to
perform fully the contract requirements, and the integrity and reliability which
will assure good faith performance.
1.36 Responsive Bidder: A person or entity who has submitted a bid which
conforms in all material respects to a solicitation. A bid or proposal of a
Responsive Bidder must be submitted on the required forms, which contain all
required information, signatures, notarizations, insurance, bonding, security, or
other mandated requirements by the bid documents to be submitted at the
time of bid opening.
1.37 Subcontractor: A person or entity having a direct contract with Contractor
including one who furnishes material worked to a special design according to
the Contract Documents, but does not include one who merely furnishes
Materials not so worked.
1.38 Surety: The surety company or individual which is bound by the performance
bond and payment bond with and for Contractor who is primarily liable, and
which surety company or individual is responsible for Contractor's satisfactory
performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.39 Task Order: At the request of the City, the Contractor shall furnish a Task Order
for any project under consideration. Each project shall have a project-specific Task
Order. The Task Order shall be approved by a City representative. The Task Order shall
stipulate the following:
• Fixed Proiect Costs. Project Cost shall be based on plans and specifications
provided by the City or field-verified measurements and shall be in
accordance with contract unit prices and other pricing terms.
• Additional Services. The City anticipates that a significant portion of the
projects awarded pursuant to any continuing services agreement resulting
89
from this ITB shall be completed in accordance with the prices established
through the ITB. The City recognizes that there may be instances when the
need for services in addition to those stipulated herein shall arise. In those
cases, the City may negotiate with the Contractor on a mutually agreeable
price for the additional services based on available industry pricing. The
approval of the City Manager shall be required for any additional services
exceeding a project aggregate of$50,000.
• Total Proiect Cost.
• Proiect Approach and Methodology. This shall include any necessary
phasing, logistical requirements, etc.
• Required Permits.
• Proiect Duration.
• Mobilization Plan.
• Project Manager& Contact.
1.40 Work: The construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by Contractor to
fulfill Contractor's obligations. The Work may constitute the whole or a part of
the Project.
2. Personnel Requirements: Superintendent must have at least approximately five (5)
years of experience in projects of similar design, scope, size and complexity. The
Project Manager must have at least approximately five (5) years of experience in
projects of similar design, scope, size and complexity.
2. Project Manual:
2.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
22. The Project Manual, along with all documents that make up and constitute the
Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when Consultant may authorize,
in writing, an exception.
2.3. 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.
2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project
Manual; two of which shah 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.
3. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete
90
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 a well-known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or association, or
to the laws or regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard specification, manual, code or
laws or regulations in effect at the time of opening of bids and Contractor shall comply
therewith. City shall have no duties other than those duties and obligations expressly
set forth within the Contract Documents.
4. Preliminary Matters:
4.1. 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, a project schedule.
CONTRACTOR agrees to attend weekly progress meetings and provide
an updated (3) week look ahead schedule for review and discussion and
monthly be prepared to discuss any:
1) Proposed changes to the Base Line schedule logic;
2) Explain and provide a narrative for reasons why logic changes
should be made;
3) Update to individual subcontractor activities; and
4) Integration of changes into the schedule.
The Project Schedule shall be the basis of the CONTRACTOR'S work
and shall be complied with in all respects.
If CONTRACTOR'S Work becomes more than (30) days behind schedule
CONTRACTOR shall be required to submit a "Make-Up" schedule to
PROGRAM MANAGER for review and acceptance that demonstrates
"Catch Up" within thirty (3) days. CONTRACTOR shall provide, at
CONTRACTOR'S cost, the necessary additional labor and or equipment
necessary to make-up the lost time. Failure to provide a "Make-UV
schedule or vigorously follow the "Make-Up" schedule shall be reason to
default CONTRACTOR.
4.1.1 After award but prior to the submission of the final 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.
4.1.2 A preliminary schedule of Shop Drawing submissions; and
4.1.3 In a lump sum contractor in a contract which includes lump sum bid items
of Work, a preliminary schedule of values for all of the Work which will
91
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.
® Such prices shall be broken down to show labor, equipment,
materials and overhead and profit.
41.4 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.
4.2. 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 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.
4.3. 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. Within forty-five (45)
days after the Project Initiation Date set forth in Notice to Proceed No. 1, 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
must be acceptable to Consultant as to form and substance.
5. Performance 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.
5.1. Each Bond shall be in the amount of one hundred percent(100%) of the Contract
Price guaranteeing to City the completion and performance 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.
92
5.2. 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.
5.3. Pursuant to the requirements of Section 255.05(1)(a), 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.
5.4. 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 letter 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.
6. Qualification of Surety
6.1. Performance Bonds and Payment Bonds for projects over Two Hundred
Thousand Dollars($200,000.00) :
6.1.1. 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.
6.1.2. 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 limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance
with Treasury Circular 297, revised September 1, 1978 (31 DFR Section
223.10, Section 223.111). Further, the surety company shall provide City
with evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not incorporated or to be
93
incorporated in the Work.
9.2. 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.
10. 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.
11. 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
performing 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.
12. Permits, Licenses and Impact Fees:
12.1. 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.
12.2. 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.
13. Resolution of Disputes:
13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
94
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 Consultants
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 non-
technical 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.
13.2 In the event the determination of a dispute under this Article is unacceptable to
either party hereto, the party objecting to the determination must notify the other
party in writing within 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.
15. Superintendence and Supervision:
15.1. 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, a full-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.
15.2. Daily, Contractor's superintendent shall record, at a minimum, the following
95
information in a bound log: the day; date; weather conditions and how any
weather condition affected progress of the Work; time of commencement of work
for the day; the work being performed; materials, labor, personnel, equipment
and subcontractors at the Project 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.
15.3. 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 performed 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.
15.4. 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 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.
15.5. 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 perform the Work in accordance with the Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
17. Contractor's Right 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.
18. Assignment:
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 monies due or to
become due to it hereunder, without the previous written consent of the Mayor and City
Commission.
96
20. Differing Site Conditions:
In the event that during the course of the Work Contractor encounters subsurface 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 Time for differing site conditions shall be allowed if made
after the date certified by Consultant as the date of substantial completion.
21. Plans and Working 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.
22. 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.
97
23. Contractor's Responsibility for Damages and Accidents:
23.1. 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.
23.2. 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.
24. 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.
25. Supplementary Drawings:
25.1. 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.
25.2. The supplementary drawings shall be binding upon Contractor with the same
force as the Project Manual. Where such supplementary drawings require either
lessor more than the original quantities of work, appropriate adjustments shall be
made by Change Order.
26. Defective Work:
26.1. 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.
26.2. 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 Performance Bond. In the event of failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
98
26.3. 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.
26.4. Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
27. 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.
28. Subcontracts:
28.1. 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.
28.2. 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 City 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 performed.
28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of City.
28.4. Contractor shall perform the Work with its own organization, amounting to not
less than 70% percent of the Contract Price.
29. Separate Contracts:
29.1. 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.
99
29.2. 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 fit and proper for the
reception of Contractor's Work, except as to defects which may develop in other
contractors work after the execution of Contractors.
29.3. Contractor shall conduct its operations and take all reasonable steps to
coordinate the prosecution of the Work so as to create no interference or impact
on any other contractor on the site. Should such interference or impact occur,
Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
29.4. 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.
30. Use of Completed Portions:
30.1. 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.
30.2. In the event City takes possession of any completed or partially completed
portions of the Project, the following shall occur:
30.2.1. City shall give notice to Contractor in writing at least thirty (30)
calendar days prior to City's intended occupancy of a designated
area.
30.2.2. 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.
30.2.3. 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 coverage's and start of warranty for the occupied area.
30.2.4. 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 completion of final inspection and receipt of
an application for final payment, Consultant shall issue a Final
100
Certificate of Payment relative to the occupied area.
30.2.5. 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.
31. Lands for Work:
31.1. 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.
31.2. 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.
32. Legal 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 interfere
in any way with traffic on railway, highways, or water, without the prior written consent of
the proper authorities.
33. Location and Damage to Existing Facilities, Equipment or Utilities:
33.1. 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 LS
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.
33.2. 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.
lot
33.3. 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.
33.4. All overhead, surface or underground structures and utilities encountered are to
be carefully protected from injury or displacement. All damage to such structures
is to be completely repaired within a reasonable time; needless delay will not be
tolerated. The City reserves the right to remedy such damage by ordering
outside parties to make such repairs at the expense of the Contractor. All such
repairs made by the Contractor are to be made to the satisfaction of the utility
owner. All damaged utilities must be replaced or fully repaired. All repairs are to
be inspected by the utility owner prior to backfilling.
34. 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 Consultants 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. 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.
35. 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.
36. Changes in the Work or Terms of Contract Documents:
36.1. 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.
102
36.2. 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.
37. Field Orders and Supplemental Instructions:
37.1. 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.
37.2. Consultant shall have the right to approve and issue Supplemental Instructions
setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Price or the Contract Time.
38. Change Orders:
38.1. 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.
38.2. All changes to construction contracts which exceed the Commission-approved
contingency 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.
38.3. 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.
38.4. On approval of any Contract change increasing the Contract Price, Contractor
shall ensure that the performance bond and payment bond are increased so that
each reflects the total Contract Price as increased.
38.5. Under circumstances determined necessary by City, Change Orders may be
issued unilaterally by City.
39. Value of Change Order Work:
103
39.1. 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:
39.1.1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantifies of
items involved.
39.1.2. By mutual acceptance of a lump sum which Contractor and City
acknowledge contains a component for overhead and profit.
39.1.3. 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.
39.2. 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.
39.2.1. 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 performing the work after
regular working hours, on Sunday or legal holidays, shall be included
in the above to the extent authorized by City.
39.2.2. 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 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
104
•
such equipment, machinery or parts shall cease when the use thereof
is no longer necessary for the work.
39.2.3. Payments made by Contractor to Subcontractors for work performed
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 Subcontractors 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.
39.2.4. 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.
39.2.5. Supplemental costs including the following:
39.2.5.1. 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.
39.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, appliances,
office and temporary facilities at the site and hand tools
not owned by the workmen, which are consumed in the
performance of the work, and cost less market value of
such items used but not consumed which remains the
property of Contractor.
39.2.5.3. Sales, use, or similar taxes related to the work, and for
which Contractor is liable, imposed by any governmental
authority.
39.2.5.4. Deposits lost for causes other than Contractor's
negligence; royalty payments and fees for permits and
licenses.
39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site.
39.2.5.6. 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.
39.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
105
39.3. The term "cost of the work" shall not include any of the following:
39.3.1. 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, all of which are to be considered
administrative costs covered by Contractor's fee.
39.3.2. Expenses of Contractor's principal and branch offices other than
Contractor's office at the site.
39.3.3. Any part of Contractor's capital expenses, including interest on
Contractor's capital employed for the work and charges against
Contractor for delinquent payments.
39.3.4. 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.
39.3.5. 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.
39.3.6. Other overhead or general expense costs of any kind and the cost of
any item not specifically and expressly included in Section 38.2.
39.4. Contractor's fee allowed to Contractor for overhead and profit shall be
determined as follows:
39.4.1.A mutually acceptable fixed fee or if none can be agreed upon,
39.4.2.A fee based on the following percentages of the various portions of the
cost of the work:
39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2,
Contractor's fee shall not exceed ten percent(10%).
39.4.2.2. 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
106
39.4.2.3. 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.
39.5. 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.
39.6. 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.
39.7. 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.
39.8. 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.
39.8.1. Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
39.8.2. 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.
39.9. 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."
40. Notification and Claim for Change of Contract Time or Contract Price:
40.1. 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
107
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.
40.2. 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 therefore 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, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God.
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor
shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided,
however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City or its
Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay, in accordance with and
to the extent specifically provided above.
42. Excusable Delay: Compensable; Non-Compensable:
42.1 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 Delay. Contractor shall document its claim for
any time extension as provided in Article 39 hereof.
Failure 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 Delay 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 interference
on the part of City or its agents. In no event shall Contractor be
108
compensated for interim delays which do not extend the Contract Time.
Contractor shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by Contractor shah be limited to the
actual additional costs allowed pursuant to Article 38 hereof.
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 one hundred dollars ($100) 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.
43. 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
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.
44. No Interest:
109
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.
45. Shop Drawings:
45.1. 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.
45.2. Within thirty (20) 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 list 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.
45.3. After the approval of the list 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.
45.4. Contractor shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
45.5. 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 Documents.
45.6. Consultant shall review and approve Shop Drawings within seven (7) 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.
45.7. No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate
the design. It is Contractor's responsibility to assemble the Shop Drawings for
110
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.
45.8. 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.
45.9. 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.
45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's
approval at the job site at all times.
46. Field Layout of the Work and Record Drawings:
46.1. 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.
46.2. Contractor shall maintain in a safe place at the Project site one 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.
46.3. 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.
47. Safety and Protection:
47.1. 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:
47.1.1. All employees on the work site and other persons who may be
affected thereby:
IIl
47.1.2. All the work and all materials or equipment to be incorporated therein.
whether in storage on or off the Project site; and
47.1.3. 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.
47.2. 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.
47.3. 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.
48. 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.
49. Payment 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 performed 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.
50. Project Sign:
Any requirements for a project sign shall be paid by the Contractor as specified by City
Guidelines'.
51. Hurricane Precautions:
51.1. 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
City, shall take all precautions necessary to secure the Project site in response
to all threatened storm events, regardless of whether the City or Consultant has
112
given notice of same.
51.2. Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
51.3. 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.
51.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the City has directed such suspension, will entitle the
Contractor to additional Contract Time as noncompensable, excusable delay,
and shall not give rise to a claim for compensable delay.
52. 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 dean up during the prosecution of the Work or at the completion of
the Work, City may do so and the cost thereof shall be charged to Contractor. If a
dispute arises between Contractor and separate contractors as to their responsibility for
cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as Consultant shall determine to be just.
53. 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.
54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
1. 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 any discriminatory practice
in violation of City of Miami Beach Ordinance No 92.2824 in performing any services
pursuant to this Agreement.
113
2. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-
discrimination clause contained in Section 202, Executive Order 11246, as amended
by Executive Order 11375, relative to equal employment opportunity for all persons
without regard to race, color, 'religion, sex or national origin. In accordance with the
City's Human Rights Ordinance. codified in Chapter 62 of the City Code, Proposer
shall prohibit discrimination by reason of race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, and age
or disability.
55. Project 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.
56. Performance Evaluations:
An interim performance evaluation of the successful Contractor may be submitted by the
Contract Administrator during construction of the Project. A final performance evaluation
shall be submitted when the Request for Final Payment to the construction contractor is
forwarded for approval. In either situation, the completed evaluation(s) shall be
forwarded to the City's Procurement Director who shall provide a copy to the successful
Contractor. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Contractor for future bids with the City.
57. Occupational Health and Safety:
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
a. The chemical name and the common name of the toxic substance.
b. The hazards or other risks in the use of the toxic substance, including:
i. The potential for fire, explosion, corrosion, and reaction;
ii. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as being
aggravated by exposure to the toxic substance; and
iii. The primary routes of entry and symptoms of overexposure.
114
c. The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the toxic
substances, including appropriate emergency treatment in case of overexposure.
d. The emergency procedure for spills, fire, disposal, and first aid.
e. A description in lay terms of the known specific potential health risks posed by
the toxic substance intended to alert any person reading this information.
f. The year and month, if available, that the information was compiled and the
name, address, and emergency telephone number of the manufacturer
responsible for preparing the information.
58. Environmental Regulations:
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete
history of all citations and/or violations, notices and dispositions thereof. The
nonsubmission of any such documentation shall be deemed to be an affirmation by the
Bidder that there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening date
and during the time of performance of any contract awarded to it.
59. "Or Equal" Clause:
Whenever a material, article or piece of equipment is identified in the Contract
Documents including plans and specifications by reference to manufacturers' or vendors'
names, trade names, catalog numbers, or otherwise, City, through Consultant, will have
made its best efforts to name at least three (3) such references. Any such reference is
intended merely to establish a standard; and, unless it is followed by the words "no
substitution is permitted" because of form, fit, function and quality, any material,
article, or equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable provided the
materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in
substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT.
115
ATTACHMENT C
CONSULTANTS RESPONSE TO THE (ITB)
Detail by FEI/EIN Number Page 1 of 2
D
oepanmenl of State r Division m Corporations / Search Records / Detail Bo Document Number/
Detail by FEI/EIN Number
Florida Profit Corporation
METRO EXPRESS, INC.
Filing Information
Document Number P96000096781
FEI/EIN Number 65-0711071
Date Filed 11/21/1996
State FL
Status ACTIVE
Principal Address
9442 N.W. 109 ST
MEDLEY, FL 33178
Changed. 02/16/2010
Mailing Address
9442 NW. 109 ST
MEDLEY, FL 33178
Changed.02/16/2010
Registered Agent Name&Address
TRASOBARES, DELIO A
9442 N.W. 109 ST
MEDLEY, FL 33178
Address Changed:02/16/2010
Officer/Director Detail
Name&Address
Title P
TRASOBARES, DELIO A
9442 N.W. 109 ST
MEDLEY, FL 33178
Title S
TRASOBARES, DELIO A
9442 N.W. 109 ST
MEDLEY, FL 33178
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?inq... 7/25/2018
Detail by FEI/EIN Number Page 2 of 2
Title T
DANIEL,TRASOBARES
9442 N W. 109 ST
MEDLEY, FL 33178
Annual Reports
Report Year Filed Date
2016 01/25/2016
2017 01/06/2017
2018 01/16/2018
Document Images
0916/2018—ANNUAL REPORT View image in PDF format
0'10612017 -ANNUAL REPORT View image in PDF formal
01e25,2016 ANNUAL REPORT View Image in POF formal
01/06/2015 ANNUAL REPORT View image in PDF format
OUl 3/2014 ANNUAL REPORT View image in PDF format
01'1812013 ANNUAL REPORT View image in PDF formal
01/0412012—ANNUAL REPORT View image in POI formal
01/06/2011—ANNUAL REPORT View image in PDF format
02/162010—ANNUAL REPORT View image in PDF format
03111,2009 -ANNUAL REPORT View image in POF format
01/04/2000—ANNUAL REPORT View image in PDF format
02/02/2007—ANNUAL REPORT Viewimage in PDF format
0'/10/2006—ANNUAL REPORT View image in PDF formal
0110412005—ANNUAL REPORT View image in PDF formal
01,09/2004 ANNUAL REPORT View image in PDF fonr.at
01109/2003—ANNUAL REPORT View image in PDF format
01/142002—ANNUAL REPORT View image In POE ormal
01,25/2001—ANNUAL REPORT View image in PDF format
01/142000—ANNUAL REPORT View image in PDF format
03/0211999—ANNUAL REPORT View Image In POF format
01/28/1998—ANNUAL REPORT View image In PDF format
02/26/1997—ANNUAL REPORT View image in PDF format
1921,1996—DOCUMENTS PRIOR TO 1097 View image in POF formal
http://searc h.sunbiz.org/Inqu iry/CorporationSearc h/S earchResu ltDetai l?inq... 7/25/2018
A,,I BEACH
SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed
envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound
copies and one(1) electronic format(CO or USB format) are to be submitted,with the original submission or within
two(2) days of request by the City. The following information should be clearly marked on the face of the envelope
or container in which the bid is submitted; Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids
received electronically,either through email or facsimile, are not acceptable and will be rejected.
2.BID PROPOSAL The Bid Proposal is to include the folbwing:
• TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed
mechanically or, tt manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non-
responsive.All corrections on the Cost Proposal Form shall be initialed.
FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE
ORIGINAL ITS OR RELEASED VIA AN ADDENDUM' MAY RESULT IN DID BEING DEEMED NOT
RESPONSNE AND NOT BEING FURTHER CONSIDERED.
• TAB 2 Bid Certification,Questionnaire and Affidavits(Appendix A).
The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form
(Appendix E),Proposal Certification,Questionnaire&Requirements Affidavit(Appendix A),and Bid Bond(if
applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully
executed, or Bid Bond (0 applicable) shall be deemed non-responsive. Bidder must submit any omitted
documentation within three(31 calendar days upon request from the City,or the bid may be deemed non-responsive.
Non-responsive bid packages will receive no further consideration.
3.LATE BIDS.Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or otherwise.
ITB 2018-033-ND 17
APPENDIX A
Proposal Certification ,
Questionnaire &
Requirements Affidavit
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND 18
Sdkbl*NA adMake NE
2018-033-ND For the Purchase of Concrete Curbing/Sidewalk Construction, Milling and
Resurfacing of Asphalt Concrete,and Striping of City Streets and Parking
Lots
ProoaamentCMtat Td: Emal:
Natalia Delgado 305673-7000 x6263 nataliadelgadothmiamibeach8.gov
PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to Inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAAE:
MC4,0 FR Ors.t3 S..4 •
NO,OF YEARS IN BUSINESS: NO.CF YEARS IN RUSwESS LOCALLY: NO.CF EMPLOYEES'.
22 -f22.Ewt 7t-
OTNERNAME(S)PROPOSER HASOPERATED UNDER IN THE LAST 10 YEARS:
FM PRIMARY ADDRESS(HEADQUARTERS):
8442 N W 10 W-14 Sr
cnP Hadley
STATE: FL zvC ; 33118
TELEPHONE NO.:
3os- 83r 1310
TOLL FREE NO.: •
FAX NO.: 0 S 132')
FIRM Lace AnEREss: 4 9 N2 -+ v 0 S'"v nr^e.a.T
CITY,
Med IF.y
STATE: L ZIP :
DOE .]317 8
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
6..7.4e2 rQ re ite/eND
ACCONT REP TELEPHONE NO: ,JoS'883-' 135J
ACCOUNT REP TCU.FREE NO.:
ACCOUNT PEP MEL .C o m
g f�600 e- .� a>``,oa
FEDERAL TM CERTIFICATION NO:
GS- 071 I O7
The City reserves the right to seek additional information from Proposer or other source(s),including but not tinted to:any fmm or pnndpal
information, amicable Ikansure,resumes of relevant indhiduab.diets inio mabon,financial information,or any inWmabon the City deems
necessary b evaluate the capacity of the Proposer to perform in accordance kWh contract requires.
ITB 2018-033-ND 19
1. Veteran Owned Business.Is Proposer daring a veteran oared business stabs?
'ES "zL NO
SUBMITTAL REQUEEMENT:Proposers claiming veteran owned business status shall mist a donmenlation proving that firm
Is certified as a veteran-waned busiiess or a servkedlsh ed veteran caned business by the State of Florida or United States
federal goverment as required pursuant to anllnerhce 2011.3748.
2.-' Financial Capacity. When requested by the City, each Proposer shal wage for Dun & Bradstreet to submit a Supplier
Ouse ficaton Report(SUR)directly to the Procurement Contact named herein.No proposal x411 be considered without receipt by
the City, of the SUR directly torn Dun &Bradstreet. The cost of the preparation of the SOR shal be the responsibility of the
Proposer.The Proposer shall request the SUR repot from D&B at
hrerellsurrollemaithrthb.serithrebearecsistoresIservilenumelerPortaffistorelds11594
Proposers are responsible for the accuracy of the Information contained in Its SUR It's highly recommended that each
Proposer review the Information contained In Its SUR for accuracy prior to submittal to the City ad a early as possible
In the solklfetlon process.For assistance with any podkn of the SCR submittal process,contact Dun&Bradstreet et
800.4242496.
SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Doak!Report directly to the
City,ath hid orwithin three(3)days of request
3. / Conflict Of Interest All Proposers must dsdae,in their Proposal,the name(s)of any officer,rbrecor,agent,or Immediate family
member(spouse,parent sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns,either directly or indirectly, an interest of ten(10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disdme the name(s)of any officer,director, agent or immediate famry member
(spouse,parent,stung,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns,ether directly a Indirectly, en retest of ten 110%)percent or more it the Proposer entity or any of
its affiliates.
4. References&Past Performance.Proposer shall submt at last three(3)references for whom the Proposer has completed work
similar it size and nature as the work referenced in solicitation
SUBMITTAL REQUIREMENT: For each reference submited,the following Informatlah is required: 1) Firm Name, 2) Contact
Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided.
5. I Suspension,Debarment or Contract Coalition.Has Proposer ever been debated,suspended or other legal violatkn,or had
a contract cancelled due to ronitormance by natio sector agency?
YES Y NO
SUBMITTAL REQUIREMENT: If answer to above is'YES,Proposer shall submit a statement deleting the reasons that led to
action(s).
6. / Vendor Campaign Contributors. Proposers are encoded to be or beans familiar with the Cry's Capita Finance Reform
laws, as codified in Sedan 2-487 through 2-490 of the City Code. Prepoars shall be safely responsible ler ensuring that all
applicable pevisims of the City's Campagn Finance Reform laws am complied with,and that be subject to any and all sanctions,
as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entlies(including your sub-consultants)with a controlling
financial Interest as defined In solicitation.For each individual or entity with a controlling financial interest Indicate whether or not
each individual or entity has contributed to the campaign either drecdy or indirectly.of a candidate who has been elected to the
office of Mayor or City Commissioner ler the City of Miami Beach.
7. i Code of Business Ethics.Pursuant to City Resolution No.2000-23679,each person a entity that seeks to do business wih the
City shall adopt a Code of Business Ethiaa ('Code') and submit that Code to the Procurement Department with its
proposalhesponse or within five(5)days upon receipt of request.The Cade shag,at a minimum,requie the Proposer,to comply
wt SI applicable governmental rules and regulations including. among others, the conflict of interest baying and ethics
provision of the City of Miami Beach and Miami Dade County,
ITB 2018-O33-ND 20
SUBMITTAL REQUIREMENT: Proposer shat submit ferns Code of Business Ethics. In lieu of submitting Code of 8usiress
Ethics,Proposer may whom a statement indicating that It Si adopt,as required in the ordinance.Me City of Miami Beach Code of
Ethics.available al hitt:lowseemumibeadl0.oovlcM-IwlUpmcuremenhbrocurement-related-on9nance-and-oroceduresl
benefit .. .
benefits, _ ...
bandit
9. Equal Benefits for Employees with Spouses and Employer with Domestic Partners.When awarding cempettively solicited
contracts valued at over 3100,000 whose contractors maintain 51 or more fou lime employees on their payrolls during 20 a mon
calendar work weeks,the Equal Benefits(or Domestic Pahxrs Ordinance 2005-3494 requires certain contraSn doing business
with the City of Miami Beach,who are awarded a contact pursuant to competitive proposals,to provide*Equal Benefits'to their
employees with domestic partners, as they provide to employees*4h spouses. The Ordinance applies to ail employees of a
Contractor who work within Me City limits of the City of Miami Beach,Eked.and the Contractors employees located Si the United
Slates, but outside of Me City of Miami Beach limas,who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
YES EMI NO
B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to
domestic partners of employees?
}( YES MI NO
C. Please check all benefits that apply to your answers above and list in the "other section any additional benefits not already
specified. Note:some benefits are provided to employees because they have a spouse or domerc partner,such as bereavement
leave:other benefits are provided direly to the spouse or danestic partner,such as medical insurance.
BENEFIT Finn Provides for Finn Provides for Firm does not
Employer with Employees with Provide Benefit
Spouses Dcrnestic Partners
Neale ✓
Sick Leave ✓/
Family Medical Leave ✓
?amassment Leave
lit 2018-033-NO 21
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no ireurance
providers n your area Willing to offer domestic partner coverage)you may be eligible for Reasonable Measures toughens.To
comply on this bail you must agree to pay a ash equivalent and submit a completed Reasonable Measures Applia8on
(attached)with all necessary documentation.Your Reasons Measures Appfation wM be reviewed for consideration by the City
Manager,or his designee.Approval is not guaranteed and the City Managers decision is final. Fuller information on the Equal
Benefits requirement is available at htfo:llwwImiamipesdMAovldry-haltlbrocurementrdOGuenvnt-relatedadinant;e-and-
proceduresi
10. / Public Entity Crimes.Section 287.133(2)(a).Florida Statutes,as currently enacted a as amended from time to time,stall that a
person or affiliate who has been placed on the convicted vendor IS following a conviction fa a public way mime may not submit
a proposal,bid,or reply on a combed to provide any goods or sellas to a pubic eery;may not submit a proposal,bid,or reply
on a contract with a pudic entity for the mnstruction or repair of a public building or pudic work;may not submit proposals,bids,or
repfas on leases of real property to a public entity;may not be awarded a perform work as a cemrddor,suppler.subcontractor.or
constAnnt under a contract with any public miry;and may not transact business with any public entity In excess of the threshold
amount provided in s.287.017 for CATEGORY TWO M a period of 36 months following he dale of being placed on he convicted
vendor list.
SUBMITTAL REQUIREMENT:No additional submittal Is required.By virtue of executing the affidavit doamem, Proposer agrees
with the requirements of Section 287.133,Florida Statutes,and certifies 4 has not been placed on convicted vendor list
11. j Non-Bsalminaecn.Pursuant to City Ordinance No.201E 3900,the City shall not enter into a canbad with a business unless the
business represents that it does not and viii not engage in a boycott as defined in Section 2.375(a)of the City Code,Including he
bladdisbng,diveshg from,or otherwise refusing to deal with a person or entity when such action is based on race.color,national
orlon,reigion,sats Intersexuality,gender identity,sexual orientation,marital or familial status,age or disabiity.
SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit documerd,Proposer agrees
it is and shal remain in MI mmdiamce with Section 2-375 of the City of Miami Beach City Code.
12. Moratorium on Travel to and the Purchase at Goods or Services from Nome Carolina and MWtufppi. Pursuant to
Resolution 2016-29376. the City of Miami Beach. Florida prohibits official City travel to the states of North Carbine and
Mlaslasippl.as well as the purchase of goods or services sauced in Not Carotta and Mississippi. Proposer shall agree that no
travel shall occur on behalf of the City to Nat Carolina or Mississippi,nor shall any product or service it provides to the City be
soacaiad from these stales.
SUBMITTAL REQUIREMENT:No additional srbmiftal is required.By dine of executing this affidavit document,Proposer agrees
itis and shag remain in kill amphoras with Resolution 2016.29375.
13� Fair Chance Requirement.Pursuant to Section 2.376 of tie City Code the City shat not enter into any contract resulting from a
competitive solicitation, unless the pmpour certifies in wining that the business has adopted and employs written aides,
prectes,and standards that are consistent with the Ciys Far Chance Ordnance set forth in Article V of Chapter 62 of he City
Code ('Fair Chance Ordinance'), and which, among other things. (i)prohibits City contractors, as an employer.from inquiring
about an applicant's criminal history until the applicant is given a conditional offer of employment (ii) prohibits advertising of
employment positions with a statement that an individual wih a criminal record may not apply for the posi6M,and(ii)prohibits
plating a statement on an employment applbMdn that a person with a criminal record may not apply for the position.
SUBMITTAL REQUIREMENT:No additions submittal S required at this lime.By virtue of executing this affidavit Proposer
certifies that it has adopted policies,practices and standards consistent with the Citys Fair Chance Ordinance, Proposer agrees to
provide the City with supporting documentation evidencing m compliance upon request Proposer further agrees that any breech
of the representations made herein shall cadfbde a material breach of contract,and shat enlile the City to he immediate
termination for cause of the agaement,in addition to any damages that may be available at law aid in equity.
14. Acknowledgement of Addendum. Alter issuance of solicitation,the City may release one a more addendum to the solicitation
which may provide additional lolamelon to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation trough the Ciys e-procurement system, PublIcPurhase.am. However. Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Adcrawiedgement of
Addendum section certifies that the Proposer has received an addendum released by the City pursuant to his soicin8on.Failure
to obtain and acknowledge receipt of MI addenda may result in proposal disquatttaaon.
ITB 2018-033-ND 22
NW b Coen; FlA b Calm Imir to Canem
Root a%
Addendum I Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum a required,submit under separate Dover.
The remainder of this pane was left Intentionally blank
ITB 2018-033-ND 23
The solidlathn referenced herein is being furnished to the recipient by the City of Ngani Beach(ter'City')for the recipient's convenience.
My action taken by the City in response to Proposals made pursuant to this SOidIaSn,or in making any award,or in failing or refusing to
make any award pursuant to such Proposals,or in cancelling awards. or in W7draMng a cancetfing this solicitation,outer before a after
issuance of an award,shall be without any liability of obligation on the part of the City.
In is sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept a reject proposals,and
may accept proposals which deviate from the splictata',as it deems appropriate and in as best interest.In its sole disaetion,the City may
determine the qualifications and acceptability of any parry a parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to cleaver such further details. information and assurances, including
financial and *closure date, relating to the Proposal and the applicant including, without limitation, the applcanfs affiliates, officers,
directors,shareholders.partners and employees,as requested by the City in its discretion.
The infatuation comaned herein is provided solely fa the convenience of prospectus Proposers. It is the responsibikty of the redolent to
assure itself that information contained herein is accurate and complete.The Cid does not provide any assurances as to the wormy of any
information n this solicitation.
My reliance on these canteens,or on any permitted communications with City officials.shat be at the recipients awn risk,Proposers should
rely exclusively on their own investigations.interpretations,and anayse&The station is being provided by the city without any warranty
or representation,express a implied,as to its content,its accuracy,a its completeness.No warranty or representation is made by the City
or is agents that any Proposal conforming to these requirements will be selected for consideration,negotiator,or approval.
The City shall have no obligation or liability vwth respect to this solicitation,the selection and the award process,a whether any award will be
made.My recipient of this sanitation win responds hereto Nty acknowledges al the provisions of this Disclosure and Dlsdalmer,is rot*
relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.My Proposals submitted to the Civ pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors,antssions.or withdrawal from the market without notice.Informations for guidance
only,and does not constitute al or any pat of an agreement.
Toni City and all Proposers will be bard only as, if and when a Proposal (a Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parses, and then only pursuant to the terms of the definitive
agreements executed among the partes.My response la this solicitation may be accepted or rejected by the City for any reason,or for no
reason,without any resultant lability to the City.
The City is governed by the Govemment•n-the-Sunstine Lay,and al Proposals and supporting documents shall be subject to disclosure as
required by such law, Al Proposals shall be submitted In sealed proposal form and shall roman confidential to the extent permitted by
Florida Stables,unci the date and time selected for opening the responses.At that time,all documents received by the City shay become
public reams.
Proposers are expected to make at disclosures and declarations as requited in this sanitation.By subnasion of a Proposal,the Proposer
arlcnowledges and agrees that the City has the right to make any inquiry or investigation a deems appropriate to substantiate or supplement
inlormation contained in the Proposal,and auledzes tie release to the City of any and al ihfonnaton sought in such inquiry or investigation.
Each Proposer certifies that the information contained In the Proposal is true, accurate and complete, to the best of is knowledge,
information,and belief. �����
Notwithstanding the foregoing or anything contained In the solicitation,all Proposers agree that n the event of a final u na9ipe^�^.1J.judgment
by a court of competent junsacfmn which imposes on the City any liability arlsing out Of this sonctadon,or any response thereto,or any
action or radion by the City with respect thereto,such lability shat be limited to$10,000.00 as agreed-upon and liquidated damages.The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes*liability on the Cty.
In the event of any differences n language between this Disclosure and Disclaimer and the Mance of the sdictation,it is understood that
the provisions of this Disclosure and Disclaimer shall always govern.The sondtation aid any disputes wising from the solicitation shall be
governed by and construed ii accordance with the laws of the State of Florida.
1113 2018-033-ND 24
I hereby certify that; I, as an authorized agent of the Proposer, am submitting the following information as my firms
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following am requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained heron is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal,
inclusive of the Pro.. al Certification,Duasttonnare and -: uirements Affidavit are hue and accurate.
Nene of Prepays,Allotted Reeeasaey,9: rile d Proems"Auwufea Repwed^..
�. .J CJ ft? ifc-/:c:q.vu 7 rc ,cr Ma...g•r
Seeded al PrepodiAlsered P(1pmmmSe: Dec
) st8
Stated FL ) Ont isr i day of Ma. 2oic personalq
appeared before me{inr • io
County of „etee,.\-n.t. ) stated that (s)he is the Q.
of Serfaistiry a corporation,and that the Instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed, re me;
ic r the of
My mission Wren
u1• Eddie
Panda aaeaal
Ayecan ew.o'
tem Mplr$22 Ma3
ITB 2018-033-ND 25
REFERENCES
City of Miami Beach
Olga Sanchez,E.I.,LEED AP,Capital Projects Coordinator
777 17 Street Suite 300,Miami Beach, FL 33139
Ph.: 305-673-7000 x 2567/Fax: 786-394.5359/Cell: 786-367-7253
glgasor-hez@miamibeachfl_gov
•
Scope of Work Provided:
Drainage, Landscaping, Irrigation, Water Main, HardScape, Milling and resurfacing,Striping
City of Miami
David Adato, P.E.,Construction Manager
City of Miami—Capital Improvements Program
Miami Riverside Center
444 SW 21a Ave.,8th Floor
Miami, FL 33130
Ph.: 305-416-1899/Cell: 786-376-4391
dddatoopmiamgov.com
•
Scope of Work Provided:
Drainage,Water Main, HardScape, Milling and Resurfacing,Striping,
Town of Medley
Jorge Corzo,Town Engineer
7777 NW 72"e Ave.
Medley, FL 33166
Ph.! 305-887-9541
icor zratowno f me d l ev.com
Scope of Work Provided:
Drainage,Landscaping, Irrigation,Water Main, Hardscape, Milling and Resurfacing, Striping and Add-A-
Pave Install.
City of Miami Peach
Mattew Lepera, Public Works/Civil Engineer
451 Dade Blvd.
Miami Beach, FL 33139
Ph.: 305-673-7000
matthewlepera@miamiheachfl.gov
Scope of Work Provided:
•
Milling and Resurfacing.
MIAMI BEACHProcurement Department
1755 Meridian Ave,30 Floor, Miami Beach,Florida 33139
www.miamibeachfl.gov
EXHIBIT A
Revised Cost Proposal Form
THE REVISED COST PROPOSAL FORM IS
REQUIRED TO BE SUBMITTED WITH THE
PROPOSAL
ITS No.2018-033-ND
Addendum#1
:1212018
II
•
MIAMI B EAC HProcurement Department
1755 Meridian Ave,3u Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
REVISED
APPENDIX E
COST PROPOSAL FORM
TIn - ,c sub,n , iucrn.Inc E Cat Prnpon ii Form. in its cnmuty sad dully executed by the deo11 eo ect.:bllshed for the
rnc¢ipt of proposols,...,,DI fe5cut in proposal 6vir4 deemed nmi•mcpe cive:nt beim rnlecteri
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the Items in full
accordance with the requirements of this ITS, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase In wage scales, material prices, delivery
delays,taxes,insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been
exercised by the City Manager in advance. The Cost Proposal Form (Appendix E)shall be completed mechanically
or,if manually, in ink, Cost Proposal Forms(Appendix E)completed in pencil shall be deemed nonresponsive.
All corrections on the Cost Proposal Form(Appendix E)shall be initialed,
nV:
Ile Getauplv;,; Oaa„Ii1J t.Cosl
CONCRETE CUREINOISIDEWALK CONSTRUCTION-Contractor proposes to punish all labor,matedat equipment supervision,
mobilization and demobilization costs, maintenance of traffic including of duty police officers, if necessary, and transpodeern
necessary for concrete curbing/sidewalk construction on en as•needed bests tar the City of Miami Beach In accordance wit the
bid epedacations.
1 Remove and Replace 4'Concrete Sidewalk 3000 SF $ y.,ro I i s too.o0
Remove and Replace 4'Concrete Sdwak
with additional equipment(where no dump
2 duck or container may be used) 3,000 I SF $ 'i.7r $ IV, Z$o.00
3 Remove and Replacer'Concrete Sidewalk 3,000 SF ,$ r. eo $ ir3ao.00
Remove and Replace 6"Concrete Sidewalk
with addldonai equipment(where no dump
4 truck or container may be used) 3,000 SF $ SVS $ ib.3ro.00
5 Remove and Replace 24'-30'Curb8 Gutter. 1,000 LF $ n-ro $ /7,4-0,2.00
8 Remove and Replace 36'-42'Curb&Gutter 1,000 LF $ 2-1 SO $ 21 4-00.0 0
7 Remove and Replace 8'x12•Curb 11,000 LF _$ 13 00 $ /13, eou.0 0
• Cast in Race American Disabilities Act(ADA)
8 Mate Yellow/Grey 40 EA 1 Soo•00 $ rz 000.co
9 Surface Armed ADA Mats Yellow/Grey 40 EA $ Soo•00 $ ie,000.00
10 Conine,4'Concrete Sidewalk 3,000 SF I $ •r.do $ I s,roo.00
Construct 4'Concrete Sidewalk with
additional equipment(where no dump ruck or
11 canteiner may be used) T 3,000 SF $ y_ro $ t3,roo.00
12 Construct 6"Concrete Sidewek 0,000 SF $ S..ro $ It 2oo.00
Construct.6'Concrete Mew*with
add6oM equlpment(where no dump ruck or
13 container may be used) 3.000 SF $ c. Yr $ /6, aro.ors
14 ConsWdIB'Curb&Gutter 3,000 IS $ fl-oo $ Sr rnc.00
15 Construct 24'Curb&Gutter 3,000 LF $ rw. oc $ $ 7 ay.°a
16 Construct30'Curb&Gutter 3,000 LF $ 24.0r) $ 63, osu.00
17 Canstud61x12'Concrete Curb 3,000 LF $ 13.00 $ 2e 000.00
18 Construct Pedestrian Ramp 12 EA $ 2 .roo.00 _ $ 301000.00
Upcherge for Eche Strength Concrete(4000
19 psi) 1000 CF 1 $ I-To $ r.roo.00
•
ITE No.2018-033-ND .
Addendum#1
522018
MIAMI B EAC HProcurement Department
1755 Meridian Ave,3d Floor, Miami Beach,Florida 33139
vimi.miamibeachfl.gov
20 Addition of Miami Beach Red Coloring Mixture 4,000 CY S 2 .00 $ R .000.DO
21 Pavement Restoration 3,000 SF $- s.00 $ rS 000.00
22 Furnish and Install New Pavers 1,000 SF $ 4.00 $ 6- o oo.0 0
23 Remove and Reset Existing Pavers 1,000 SF $ 2.Oo S 9 000.00
24 Furnish and Install 1'Meter Pox 50 EA $ zoo.oo 8 /0,000.00
25 Furnish and Install 1 .5'Meter Box 50 • EA $ 2so.4o $ rx TO 0
28 Futnhh and Install 2'Motor Box 50 EA $ 3co.o0 $ /S, 0017.00
27 Furnish end Install 3'Meter Box 50 EA $ so o.00 $ z.r 000.0 0
28 Furnish and Install Sewer Clean Out Box 50 EA $ J0o.00 I / St 000.00
29 Furnish and Install Electrical Box 10 EA $ 300.00 $ 3 Don. 00
•
30 Install Hand Rails 100 LF I 600 0 $ 6, 0 oo.00
31 Removeand Re-lace Exist t Pavers 1 000 SF $ 3 .S0 $ 3.Mo.00
T, I.
Irma 1caaipunr 7icnml J]L1 U.ii C:-cr
- MILLING & RESURFACING OF ASPHALT CONCRETE - Contractor proposes to furnish all labor, material, equipment
supervision, mobilization end demobilization mists, maintenance of traffic Including off duty police officers, if necessary, and
transportation necessary to mil and resurface asphalt concrete on an as-needed basis for Me City of Miami Beach In accordance
with the hid apexification.
32 Rowed LlmeroMEase+l-3Inches 25,000 CY $ 11 .00 $ 27S,000.0o
33 Remove and replace B inch LlmerocK base 25.000 CY $ 12.on $ Soo 000.oO
34 New Umerocx a inch base 25,000 CY $ r.r.o o $ 3-vs 000.00 '�
35 Roads-0.200 Tons Leveling Course 1,000 TN $ rvo.o¢ $ tiro coo.00
36 Roads-200+Tons Leveling Course 1,000 TN $ 1'10.0 o $ /Yo 000.00
• 37 Intersections-0-200 Tons Leveling Course 500 - TN $ rvo -oo $ 20t 000.00
38 Intersections-200+Tons Leveling Course 500 TN $ 140.00 $ 7o 000.oC
39 FDOT Type III-Richert Concrete 12,000 TN $ 1 So.00 $ / goo 000.O0
40 Adjust Manhole and%or Valve Poxes 50 EA I $ 11 S,00 $ R.yro.00
41 Adjust Manacle 50 EA $ 7pp.017 $ .o,oao.00
42 Replace Manhole Rim and Cover 50 EA. $ Joo.00 $ to 000.00
43 Adjust Valve Boxes 50 FA $ r-rs.00 $ 9, ,so.o0
44 Regace Valve Box Cover/Meer 50 EA $ r 1 s. o o $ , o.o o
45 Replace Traffic Loops(4,6.81oops1 10 FA $ to ons.co $ .no 000.00
Saw Cutting&Permanent Patching w/Base&
46 Roller Compaction-1'Removal&Patching 200,000 LF $ Ne.So S 9o0000-00
SawCuffing&Permanent Patching wl Base 8
47 Ratter Compaction-2'Removal 8PMchHp 200,000 LF $ 6.So $ i Soo 000.00
48 Mine Existing Asphalt Concrete-1'Cut 12,000 SY $ I . 0o $ zr Aoo•oo
49 _ Milling Existing Asphalt Concrete-2'Cut 12,000 BY $ 2.So $ ao 000.00
50 Maing Existing Asphalt Concrete-3'Cut 12,000 SY $ Z- 90 $ 9k Aoo.00
51 MBI ExiaBn at Concrete-4'Cut 12,000 SY $ .zS $ S/ 000.00
STRIPING OF CRY STREETS• Contracts proposes to famish all labor, malarial, equipment supervision, nadfizeton and
demobilization costs, maintenance of traffic Indudng o8 duly police officers, If necessary,and transportation necessary to stripe
streets on an as-needed basis for the City of Miami Beads In amordance Alm bid apexification.
52 I Themaplestic4'Solid Yellow/While 15,280 I LF I $ I.'7S I $ 3,960.0o
ITB No.2018-033-ND
• Addendum#1
5/2J20i8
M I A k ^Y/ ,IBE C H Procurement Department
1755 Meridian Ave,3d Floor,Miami Beach, Florida 33139
www.mlamlbeachfl.gov
•
53 4'Solid YellowMbite Paint 5,280 LF $ •7S $ 3.960.00
54 Themoplesdc 4'Skip Write 5280 LF 8 I.00 $ S 2-ao.00
55 Themoplastic 4'Skip Yellow 5280 LF $ 1.oo $ s- 2 80.0 0
56 4'Skip Yellow/White Pahl 5,280 IF $ .go $ a r I z•00
57 Themoplesfic 6'Solid White 5,280 IF $ 1. 2 Ea $ 6,236.0o
58 Themoplesao6'Solid Yellow 5,260 LF $ 1 .zo $ 4,234.60
59 6'Solid Yellow/white Paint5,250 LF $ . S0 $ z 640.o°
60 Thor 6'Skip Wide 5,280 LF $ 1 . 20 $ 6,316.00
81 Themories&6'Skip Yellow 5,280 LF $ i -z, $ 4,336.00
62 6'Skip YeIbwMblle Paint 5280 LF $ . So $ 2,4 00.0 0
63 Themaplastic8"Solid While 5280 LF $ 1 .6o $ B, test. oQ.•
64 Themoplastic 8'Solid Yellow - 5,280 IF $ I As $ .4 7rz.o0
65 8'Sokd Yellow/Wilts Paint 5,280 LF 5 i . to 3 Bo Elmo
66 Themaplestic 12'Solid White 5280 LF $ 2.00 $ e0 no.60
67 Themopiasticl2'Solid Yellow 5,260 LF $ 2.00 $ /04-60.00
68 1P Solid Yellow/Rite Paint 5,280 LF $ • 40 $ 73-2.00
69 Themoplasdc 18'Solid White 5260 LF $ 2. 60 $ 13 7 3.8.00
70 Themopleslic 18'Solid Yellow 5.260 LF $ z .40 $ f 3, 728.0 0
71 18'Solid YellovoWhite Paint 5,290 LF $ t . zo $ c}3 6.00
72 Themoplasfic 24'Solid While 5280 LE $ 3 . 90 $ z3. 692.00
73 Themoplasbc 24'Solid Yellow 5280 IF $ 3 •qt.) $ 20 5457..0 0
74 24'Solid Yellow:White Pant 5280 IF $ A.to $ /e 3,49.0o
75 RPMs(Road Reflector) 500 EA $ s.00 $ 2 roo•vD
ThennegaSOS Mows 14'(Std,MDC&FDOT
76 Specs) 50 EA $ 010.00 $ Hiro0.00
Arrows 14"(Std.MDC&FOOT Specs)White
77 Paint 50 EA 3 40 .00 $ 2 000.00
78 Them epasUc Handicap Logo&Blue Stripe 5 EA $ 700.00 $ i. oo0.00
79 Handicap Logo&Blue Stripe Paint 5 EA $ no.00 $ Sro.oo
Removal of ALL Existing Thermo Striping
80 (hydroblesq • 1,000 . _ SF $ 8 .00 $ A 000.00
81 Bicycle Pavement Marking 50 EA $ i 76.00 $ R 1.5-o-00
92 Therm99plastIc Messages 50 EA 3 » S.00 $ r3, 73-0.00
83 Paint Messages 50 EA 5 iao .00 $ b, 000.0o
84 Installation of New Traffic 'tri 10 EA $ 274-.Oo $ 2 7s0.100
in. .
STRIPING OF PARKING LOTS •Contractor proposes to furnish all labor, matedS,equipment supervision, mobilization and
demobilization coats,maintenance of traffic including of duty police officers,if necessary,end transportation neceasery to shipe
parking lob on an as-needed basis for the City of Miami Beach in accordance with the bid specifications,
85 Thermoplastic Slop Bars 112'Wide) 160 LF $ 3 .to $ 5723-.oO
88 Stop Bars(12'Wide)White Paint 150 LF I 1 . to S zzr.00
. Thermoplastic Arrows 14'(Std.MDC&FOOT
87 Specs) 50 EA ,l O0.00 $ .9, roo.00
Arrows 14'(Std.MDC&FOOT Specs)White
88 Paint 50 EA $ 4 0.0 0 $ z o oo.OD
ITB No.2018-033-NO
Addendum#1
5/2/2018 '
MIAMI BEACHProcurement Department
1755 Meridian Ave,3rd Floor, Miami Beach, Florida 33139
www.miamibeachf.gov
89 Thermoplastic Cross Hawing(121 200 LF $ 2 . z S $ tiro.o 0
90 Cross HaldUng(127 YAM Paint 200 LF $ , 94o $ /B o.O Q
91 Thermoplastic Handicap Logo&Blue Stripe 30 FA $ zoo .o o $ 6. 000.00
_ 92 Handicap Logo&Blue Strife Pant 30 EA $ oo $ 3,200.00
93 ThBnnoga$IC Disable Cross Hatching(4') 160 EA $ 'oo . o a $ i0 0 00,00
94 Disable Cross Hatching(4')Paint 180 EA $ 75-.00 $ Iz, ooe.0o
95 Wheel Slop Installation 200 EA 3 3-5-. 00 $ $ 000.00
96 . Installation of New Traffic Sign 10 EA $ z 75-.00 3 z,sso.o0
•
Birlrler'S Aifhnutiuo
dempery: MK-O 6x Pre++ Zd
AUIhWN aeprnmhfV9: ['IC,.
D
Addmis: 9Yk12- do 0T4 ATrm7 Mrf/iyy_fl 33 old
1Wplere: 3 0 r-99,r- /130
EmM: et.6o0 U' b0.1,c0•GOn.
AutSda.prwe itte%SCmhot
•
The remainder alibis page was left Intentionally blank.
•
ITS No.2016-033410
Addendum#1
5/2/2018
Procurement
rtment
MIAMI BE AC H1755 Meridian Ave, 3 d Floor,Miami Beach,Floridada33139
w Ntmiamibeach6.gov
ADDENDUM NO.1
INVITATION TO BID NO.2018-033-ND
FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, MILLING AND RESURFACING OF
ASPHALT CONCRETE,AND STRIPING OF CITY STREETS AND PARKING LOTS(the ITS)
May 7,2018
This Addendum to the above-referenced ITS is tissued in response to questions from prospective proposers, or other
clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletions are shownby
stdkethrough and additions are underlined). •
I. ITS DUE DATE AND TIME. The deadline for receipt.of submittals Is extended until 3:00 p.m.. Monday,May 14
2018,at the following location:
City of Miami Beach
Procurement Department
1755 Meridian Avenue,3"Floor -Miami Beach,Beach,Florida 33139
Late submittals will not be accepted. Proposers ere cautioned to pan sufficient time to allow for Paffic or other.
delays for which the Proposer Is solely responsible.
II. REVISION: Delete In its entirety reference to the cost of law enforcement officers being provided es a pass-through cost
only(Section 1.5.8.4, on page 39 of the ITS, Section 21.16.4, on page 52 of the ITS,and Section 2.2.4.3 on page 56 of
the ITS).
W. REVISION:Delete Appendix E,Cost Proposal Form,on page 61-64 of the ITB,In its entirety and Replace with Revised
Appendix E,Cost.Proposal Foran,attached hereto as Exhibit A. THE REVISED.COST PROPOSAL FORM IS REQUIRED
TO BE SUBMITTED WITH THE PROPOSAL
FAILURE TO SUBMIT THE REVISED COST PROPOSAL FORM WITH THE PROPOSAL SHALL
DEEM PROPOSER NON-RESPONSIVE.
IV. ATTACHMENTS.
Exhibit A:Revised Appendix E,Cost Proposal Form.
V. RESPONSES TO QUESTIONS RECEIVED.
01: Does the city have any provisions for contract price adjustments in the event of price escalations for concrete
and steel?
•
Al: Please refer to Appendix D,Special Conditions,2.1Option to Renew with.Price Adjustment.
Q2: Different municipalities with similar contracts Include a mobilization line item for concrete work. It has been
brought to my attention that numerous city departments utilize the concrete sidewalk contract to either replace
small amountsof sidewalk flags or install site furnishing pads that are 2 cubic yards or less, Would the city
consider Including a mobiization line Item for such occurrences?
A2: The unit cost provided by the bidder in Appendix E Cost Proposal Form,should include all labor,
material,equipment,supervision,mobilization and demobilization costs.
ITS No.2018-033-ND
Addendum#1
5/7/2018
MIAMI B EACHProcurement Department
1755 Meridian Ave,3rd Floor, Miami Beach,Florida 33139
www.miamibeachfl.gov
Q3: Will the City be awarding contractors by bid group or individual line Items?
A3: Following the review of bids and application of vendor preferences, the lowest responsive,
responsible bldder(s) meeting all terms, conditions, and specifications of the ITB wilt be
recommended for sward by Item,bid group,or for the entirety of all bid Items,as deemed in the best
Interest of the City.
Q4: - MI sign and sealed shop drawings be required for railings?
A4: Signed and sealed shop drawings will be required for railings. ,
Q5: Will certified MOT plans be reimbursed?
A5: Please refer to Section II. of this addendum. The unit cost per line item shall Include all labor,
material, equipment, supervision, mobilization and demobilization costs, maintenance of traffic
Including off duty police officers, If necessary, and transportation necessary for concrete
curbinglsldewalk construction on an as-needed basis for the City of Miami Beach In accordance with
the bid specifications.
•
Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachttgov
Contact Telephone: Email:
Natalia Delgado 305-673-7000 ext 6263 natailadeloadoemiemibeachfl.aov
Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Polenhal proposers that
have elected not to submit a response to the ITB are requested to complete and return the'Notice to Prospective Bidders'
questio naire with the reason(s)for not submitting a proposal,
SI 1 , ^
AI Den' 1pv,/`l,_/-~
P re Director
PLEASE BE REMINDED THAT THE REVISED COST PROPOSAL FORM IS REQUIRED TO BE
SUBMIT TED WITH THE PROPOSAL
•
•
it
ITH No.2018-033-ND
- Addendum#1
5/7/2018
BID BOND Travelers Casualty and Surety Company of America
Hartford, CT 06183
CONTRACTOR: SURETY:
(Name, legal status and address) (Name.legal status and principal place of business)
Metro Express,Inc. Trivden Casualty and Surety Company of America
9442 NW 109th Street,Ste. 100 2420 Lakemont Avenue, 2nd Floor
Medley,FL 33178 Orlando,FL 32814
OWNER:
(Name, legal status and address)
City of Miami Beach
1755 Meridian Ave.,3rd Floor
Miami Beach,FL 33139
BOND AMOUNT: 5%(Five Percent of Amount Bid)
PROJECT:
(Name,location or address,and Project number, !f any)
For the purchase of Concrete Corning/Sidewalk Construction,Milling and Resurfacing of Asphalt Concrete and Striping
of City Streets and Parldng Lots
ITB No.2018433-ND
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and
Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.
The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid
documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(I)enters
into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in
the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the
Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount
specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the
work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. The Surety
hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may
accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate
beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's
consent for an extension beyond sixty(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall he deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any
provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished, the intent is
that this Bond shall be construed as a statutory bond and not as a common law bond.
The Company execution this bond vouches that this document conforms to American institute of Architects Document A310,2010
edition
•
Signed and sealed this 10th day of May 7 2018
Metro Express,Inc.C //
"OA:.
(Seal)
r�:. A.T r.s OL.i) Iec);t9.w.'L
(Wrines.) (Title)
Trace n uuJ t sodeveryCo i any of Amides
', I1fVII ar
(Sur tchael A.Bonet ( � (Seal)
Attorney-I.'Fact&Florida Resident Agent
'Messpk/44/ 6 • Oa (Title)
LEThe Company executing this bond vouches that this document conforms to American Institute or Architects Document A010,2010
2
edition
WAfwW u.TI IIS POWER OF All DISNEY IS INVALID WITHOUT IHE RED BORDER
+ POWER OF ATTORNEY
TRAVELERS J Farmington Casually Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc, Travelers Casualty and Sully Company of America
St.Pad Fitt and Marine Insurance Cucnpany tinned Stairs Fidelity and Guaranty Company
St.Paul Guardian InwpTOPe Company
Attorney-In Pact No. 132508 Gmireale No. 007326809
KNOW ALL MEN BY THFSE PRESENTS teat Farmington Casualty Company,St. Paul Fire and Murine Insuranec Company,St. Paul Guardian Montanan
Company,Si.Paul Mercury Incurantt Company.Travelers Casualty and Surety Company.Travelers Casualty and Surety company of America,and United Suite.
Fidelity mid Guaranty Company arc corporations duly organized under the laws of the Sure of Connecticut.shut Fidelity and Guaranty Romance Company is a
corprarion duly organized under the laws of me.State of Iowa,and that Fidelity ann Guaranty Insurance Underwriter:.Ise..is a corporation duly organized under the
laws of the Slate of Wixconxin(herein collcctivdy called the"Companies"),and that the Companies do hereby make,cunstitute and appoint
Michael A.Bonet,and Roy V.Fabry
of the City of Miami .-.State of Florida _,their true and lawful Atmrncy(s)-in.Faot,
each in their separate capacity if more than one n named above.to sign.execute,Foal and acknowledge any and all bonds.recognizan:es.cvmditiotal undertakings and
other wntingM obligatory in me nature thereof on behalf of the Companies in their business of gnmamecing the fidelity of persons,guaranteeing the perfonnanen of
contracts and executing or guaranteeing bonds and nadeeakings required or permitted in any ,tions or paeedings allowed by law.
IN WITNESS WHEREON,the Companies have caused tiffs inurement be sign d and tie r cotjmatc scab to be.hereto affixed,Was__. - Bth.
day of August _ , 2017 _
Farmington Casualty CompanJ ..r - St.Pad Mercury Insurance Company
Fidelity and GaarnniylthpmnteComPaa7,' Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Lod rwritmv Inc Oaveters Casualty and Surety Company of America
St.Pam Fire and Marine Insurance Company United Stites Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Flu ra.
I man . f . 44
9 On �' asAL1 88L mm �'
State of Connecticut By ^f+i '/�'/
City of Hartford o. Rolm%L.Raney.Senior Vice PrcMdent
On this Wm 8th day of August _ 2017 ,bctorc me per,o'udly appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidel try and Onaranty Insurance Underwriter,.Inc..St.Raul
Fire and Marine Insurance Company.Sit.Paul Guardian lusammce Company,S.Paul Mercury lniumnce Company:Premiers iers Casualty and Surety Company.Town-leis
Connally and Surely Company of America,and United States Fidelity and Clammy Company,and that M.o such.being authorized so to do,executed the foregoing
instrument for the purposes Umtata contained by signing on behalf of the//he/corporations by himself as a duly authorized officer. rI
In Witness Whereof,I hereunto set my hand and official weal. a7 QIP C
My ConmdsMion expires the 30th day of June.21121. ♦ /(p * Made C.Tareatilt,Notary Public
58440-5-16 Printed in U.S A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WRHDUT THE RED BORDER
ATTACHMENT D
INSURANCE REQUIREMENTS
APPENDIX F
1 ; .,� ) _ j1
� y
Insurance Requirements
ITB 2018-033-ND
For the Purchase of Concrete
Curbing/Sidewalk Construction,
Milling and Resurfacing of Asphalt
Concrete, and Striping of City Streets
and Parking Lots
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-033-ND
65
MIAMI BEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is
required to maintain throughout the term of the contract and any renewal
periods.
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state
of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00
per occurrence for bodily injury property damage to include Premises/ Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements' of specifications).
XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4. Excess Liability- $ .00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and it must
be stated on the certificate.
6. Other Insurance as indicated:
_Builders Risk completed value $ .00
Liquor Liability $ .00
Fire Legal Liability $ .00
_Protection and Indemnity $ .00
Employee Dishonesty Bond $ .00
_Other $ .00
XXX 7, Thirty(30)days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-
insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida
Constitution, and any other applicable Statutes.
ITB 2018-033-ND 66