HomeMy WebLinkAboutBid Specifications
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CITY OF SUNNY ISLES BEACH
CENTRAL ISLAND DRAINAGE AND
STREET IMPROVEMENTS
CONTRACT DOCUMENTS AND
SPECIFICATIONS
OCTOBER 1sT 2007
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TABLE OF CONTENTS
PROJECT NAME: Central Island Drainage and Street Improvements
City of Sunny Isles Beach, Bid No. 07-10-02
BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS
DOCUMENTS
No. Pages
00020 Notice to Bidders
00 I 00 Instructions to Bidders
00300 Bid Form
00401 Bid Bond
00402 Public Entity Crimes Affidavit
00403 Trench Safety Act
00420 Information Required from Bidders
00500 EJCDC Standard Form of Agreement
00600 Payment Bond
00601 Performance Bond
00650 Acknowledgment of Confoffi1ance with O.S.H.A. Standards
00800 Supplementary Conditions
00900 Addenda Format
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SPECIFICA TIONS
DIVISION I - GENERAL SPECIFICATIONS
15
DIVISION II - SPECIAL PROVISIONS
15
Oct. 2007
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SECTION 00020
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the CITY COMMISSION of THE CITY OF SUNNY ISLES BEACH
is seeking sealed bids for the following work as specified.
PROJECT NAME
Central Island Drainage and Street Improvements
City of Sunny Isles Beach Bid No. 07-10-02
Sealed bids for the construction of the Central Island Drainage and Street Improvements consisting
among other items of milling and resurfacing, concrete sidewalks, construction of a new storm drainage
system including 22 drainage wells. and miscellaneous signing and marking as described in the Summary
of Quantities sheet will be received by the Owner, City of Sunny Isles Beach.
Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received by
the City Clerk until 10:30 AM, on November 14, 2007 at the City of Sunny Isles Beach, City Hall
located at 18070 Collins A venue, Sunny Isles Beach, Florida, 33160. Bids received after this time will be
returned unopened. Bids submitted will be opened publicly and read aloud at this time.
Bidding Documents may be examined at the City of Sunny Isles Beach, at the above-referenced address.
Bidders may obtain complete sets of Bidding Documents, at a cost of 125.00 dollars, from the City of
Sunny Isles Beach at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, between October 3st and
October 31 st. Partial sets of Bidding Documents will not be available. Mandatory Pre-Bid Conference
will be held at 10:00 AM on October 31,2007, at the City of Sunny Isles Beach.
Bid security in the amount of five percent (5%) of the Total Bid must accompany the Bid in accordance
with the Instructions to Bidders.
The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors
and informalities, and to accept the Bid, which best serves the interest ofthe Owner.
For further information, contact the office of the Engineering and Public Works Director at (305) 792-
1928.
Jane Hines
City Clerk
City of Sunny Isles Beach
Publish Dates: October 3, 2007
END OF DOCUMENT
Oct. 2007
00020-1
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SECTION 00100
INSTRUCTIONS TO BIDDERS
1. DEFINITIONS OF TERMINOLOGY
1.1 Bidding Documents.- These include among others, the Advertisement for Bid, Instructions to
Bidders, Bid Form, Sample Bidding and Contract Forms, Contract Documents as defined in the
General Conditions and any Addenda issued prior to receipt of bids.
1.2 Total Base Bid.- The amount stated on the Bid Form for which the Bidder offers to perform the
Work as described in the Bidding Documents.
1.3 Unit Price Bid.- The amount stated in the Bid Form as a price per unit of measurement for
materials or labor as described in the Bidding Documents.
1.4 Addenda.- Written and graphic documents issued by the Engineer prior to the execution of the
Contract to modify or interpret the Bidding Documents.
1.5 General Conditions.- Latest Version of the Standard General Conditions of the Construction
Contract.
1.6 Owner.- The City of Sunny Isles Beach, also referred to as "City".
1.7 Any Capitalized Terms Contained here-in.- (e.g. Owner, Engineer, Work, Agreement,
Contract) and is not defined above are contained in the General Conditions Article 1 -
Definitions and Terminology.
2. BIDDING DOCUMENTS
2.1 Complete sets of Bidding Documents may be obtained from the office of the Engineer as stated
in the Advertisement for Bid.
2.2 Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids; neither
the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting
from the use of incomplete sets.
2.3 Bidding documents consist of this project manual along with the following construction plans
titled:
Project Name: Central Island Drainage and Street Improvements
Bid No.:
3. EXAMINATION OF DOCUMENTS AND SITE
3.1
Bidders shall visit the site of the proposed work and become familiar with the nature and extent
of work to be performed and local conditions that may affect the work.
" ?
.J._
The Bidding Documents were prepared to present an essentially accurate representation of
existing conditions, interpreted from available information on the site. The Bidder is not
relieved, however, of the responsibility of becoming fully informed as to existing conditions at
the site.
Oct. 2007
00100-1
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3.3 Bidders shall examine existing site improvements. and conditions, utilities. and streets to
determine all conditions, which will affect the Work.
4. INTERPRETATION OF BIDDING DOCUMENTS
4.1 All questions requiring clarification or interpretation of the Bidding Documents shall be made
in writing and shall reach the office of the Owner at least 5 days pnor to the date for receipt of
bids. Direct all requests to the attention of the City Manager. Bid N. _ at the City of Sunny
Isles Beach, 18070 Collins Avenue, Fl. 33160; Phone: (305) 947-0606, Fax: (305) 947-3113.
4.2 Any modification or interpretation of the Bidding Documents will be made by Addendum to all
who are recorded by the City as having received a complete set of Bidding Documents.
4.3 Interpretations or modifications of Bidding Documents made in any manner other than by
Addendum will not be binding.
4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued,
and shall acknowledge their receipt in the Bid Form.
5. SUBSTITUTIONS
5.1 Bidders represent that their Bid is based upon the materials and equipment described in the
Bidding Documents.
5.2 Requests for substitutions will be considered prior to receipt of bids if they reach the Engineer
at least 5 days prior to the date for receipt of bids.
5.3 Acceptance by the Engineer of a proposed substitution will be issued in the form of an
Addendum or Substitution Request Form.
6. QUALIFICATION OF BIDDERS
6.1 If requested, the Bidder shan submit to the Engineer, prior to award of contract, a properly
completed Contractors Qualification Statement, along with any other evidence of his
satisfactory experience and ability to perform the proposed Work.
6.2 If requested by the Owner, the Bidder shall submit a certified financial statement, prepared
within the past 30 days, indicating current financial resources, liabilities, capital equipment. and
past history performance.
6.3 Bidders may be disqualified and their bids rejected for any of the following specific reasons:
a. Reason to believe that collusion exists among Bidders.
b. Determination of lack of competency as may be revealed by qualification statements,
financial statements, experience records, or other questionnaires.
c. The Bidder's uncompleted work load which in the judgment of the City may cause
detrimental impact on prompt completion of this project.
d. The Bidder is involved in any litigation against the City.
e. The Bidder has defaulted on any previous contract or is in arrears on any existing
contract.
Oct. 2007
00100-2
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f. The submittal of more than one proposal from an individual, firn1. partnership,
corporation or association under the same or different names.
g. The Bidder. or its principals, has outstanding code enforcement violations with the City
of Sunny Isles Beach.
6.4 It shall be a requirement of this bid that there are no related party transactions between the
bidder and any City employee, agent or contractor of the City. Any bidder who is a related
party, as noted herein, will be considered non-responsive and the proposal and bid bond will be
immediately returned. A bidder will be considered a related party if the bidder has an
ownership interest or is in any way related to an employee, agent. consultant or contractor of
the City, is a sub-consultant of an employee, agent, consultant or contractor, and can influence
the management or operating policy of the other to an extent that one of the transacting parties
might be prevented from fully pursuing its own separate interests.
7. PERFORMANCE OF WORK BY CONTRACTOR:
7.1 The Contractor shall perform on the site and with his own forces, work equivalent to at least
forty percent (40%) of the total amount of work to be performed under this contract. The
Contractor shall specify in its proposal the list of construction items that represent the 40% of
its contract bid amount. After the contract is awarded, and during the progress of the work, the
Owner reserves the right to reduce the percentage of work performed by the contractor's own
forces.
8. BID PREPARATION
8.1 Prepare bids on the forms provided by the Engineer with all blanks on the Bid Form filled in by
typewriter or written in ink.
8.2 State total base bid amount in both words and figures. In case of a discrepancy between the
two, the amount written in words shall govern.
8.3 Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a
sole proprietor, a partnership, a corporation, or other legal entity.
a. Individual.- provide name and post office address.
b. Partnership.- provide name and post office address of each member of the partnership.
c. Corporation.- provide name and post office address of person signing the form and legal
evidence of his authority to do so; names and addresses of the corporation president,
secretary and treasurer; name of state where chartered: and affixed with the seal of the
corporation, attested by the secretary.
8.4 Bids shall include documentation required by the Florida "Trench Safety Act." The Trench
Safety Act form is included within the Bid Form Section for completion by the Contractor and
review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of
compliance with the applicable trench safety standards.
8.5 All Unit Price Bids requested on the Bid Form shall be bid.
9. BID SUBMITTAL
9.1 Submit one (1) original and five (5) copies of the Bid Form, the bid security, the list of
Subcontractors. and other requested attachments, enclosed in a sealed opaque envelope,
Oct. 2007
00100-3
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addressed to the entity receiving the bids as stated in the Advertisement for Bids. The envelope
shall be further identified with the Project name, the Bidder's name and address, and the words
"BID ENCLOSED".
9.2 Deposit Bids at the designated location on or before the time and date for receipt of Bids
indicated in the Advertisement for Bids. Bids received after the time and date indicated for
receipt of Bids will be returned unopened.
10. BID SECURITY
1 O. 1 Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in
Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of
five percent (5%) of the amount of the total Bid.
10.2 Failure of the successful Bidder to enter into the Contract in accordance with his Bid. or failure
to furnish the required bonds will be just cause for an annulment of the award with the amount
of the bid security being forfeited to the Owner as liquidated damages, not as a penalty.
10.3 Should a Bid Bond be used, acceptable surety companies shall be determined from the latest
United States Treasury Department's list of companies holding certificates of authority as
acceptable Sureties on Federal Bonds. Requirements for Acceptable Surety Companies are
outlined in Item 15.4.
10.4 The Owner may retain the bid security of those Bidders to whom an award may be considered
until successful execution of the Contract and bonds; or the specified time for holding bids has
elapsed; or all Bids have been rejected.
11. MODIFICATION AND WITHDRAWAL OF BID
11.1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not
resubmit it. Bids may not be modified after submittal.
1 l.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90 days
after the time and date designated for the receipt of bids.
12. OPENING OF BIDS
12.1 Bids submitted will be opened publicly and read aloud at the time and place stated in the
Advertisement for Bids.
13. GOVER.NING LAWS AND REGULATIONS
13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may in any way affect the Work.
13.2 Trench Safety Act: The Occupational Safety and Health Administration excavation safety
standards. 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the
period of construction of the Project. In compliance with current State of Florida statutes. the
Bidder shall provide documentation required by the Florida Trench Safety statute to the Owner.
in conjunction with the Bid Form.
Oct. 2007
00100-4
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14. LIQUIDATED DAMAGES
14.1 The Owner may incur financial loss if the Work is not substantially complete by the date set
forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated damages
in accordance with the Supplementary Conditions and the Agreement.
15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
15. 1 With the execution and delivery of the Contract, the Bidder shall furnish the following Surety
bonds of the forms contained herein:
a. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to
100 percent of the Contract Sum, and including guaranteed repair and maintenance of all
defects due to faulty materials and workmanship that appear within one year after completion
of contract.
b. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants
supplying labor and materials in the Work in an amount equal to 100 percent of the Contract
Sum.
15.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and listed
on the latest U.S. Treasury Department list of companies holding certificates of authority as
acceptable sureties on Federal Bonds.
15.3 Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed thereto a
certified and current copy of Power of Attorney, indicating the monetary limit of such power.
15.4 Qualifications: As to companies being rated acceptable:
A Bid Bond and Performance and Payment Bond must be executed by a Surety Company of
recognized standing, authorized to do business in the State of Florida and having been in
business with a record of successful continuous operation for at least (5) years.
In addition to the above minimum qualifications, the Surety Company must meet the following
additional qualifications.
The City will accept a surety bond from a company with a rating of B++ or better for bonds up
to $1 million, provided, however, that if any Surety Company appears on the watch list that is
published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City
shall review and either accept or reject the Surety Company based on the financial information
available to the City. A Surety Company that is rejected by the City may be substituted by the
bidder or proponent with a surety company acceptable to the City, only if the bid amount does
not increase.
a. The Surety Company shall have at least the following minimum ratings:
Amount of Bond
Financial Size Categorv
Policvholder's Rating
100,000 to l,OOO.OOO
1 ,000,00 1 to 2,000,000
2,000,001 to 5.000,000
Class V or higher
Class VI or higher
Class VII or higher
B++
A-
A
Oct. 2007
00100-5
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b. All Surety Companies are subject to review and approval by the Owner and may be rejected
without cause. All bonds sil:,'11ed by an Agency must be accompanied by a certificate of
authority to act.
15.5 The Surety Company shall submit verification from the Department of Insurance Office of the
Treasurer stating the surety company's license and certificate of authorization to do business in
the State of Florida.
16. SUBCONTRACTOR LIST
l6.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and
major material suppliers proposed for the principal portions of the Work. Submit list on form
provided by the Engineer.
16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an objection
to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an
acceptable substitute person or entity in accordance with Article 6.06 of the General
Conditions.
17. BID PROTEST
17.1 In the event of a timely protest, the City Manager or his designee shall stay the award of the
contract unless, after consulting with the City Attorney and the affected director, he determines
that the award of the contract without delay is necessary to protect substantial interests of the
Owner.
17.2 The City shall require a deposit from a protester to compensate the Owner for the expenses of
administering the protest. If the protest is decided in the protester's favor. the entire deposit
shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit
shall be forfeited to the Owner. The deposit shall be in the form of a cashier's check and shall
be in the amount of 1 % of the amount of the pending award, with a minimum deposit of $500
and a maximum deposit of$10,000.
18. CONTRACT AWARD AND EXECUTION
18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or
without cause; to waive any informality or irregularity; or to accept the Bid which is in the best
interest of the Owner.
l8.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder
whose Bid is in conformance with the Bidding Documents and does not exceed the funds
available.
18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the
executed Contract, along with required bonds and any other items requested, to the Owner
within 10 working days. Failure to do so will be deemed as a breach of agreement by the
Bidder and result in forfeiture of bid security as described in the Instructions to Bidders.
18.4 The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed
90 days after the date of bid opening stated in the Advertisement for Bids.
Oct. 2007
00100-6
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l8.5 The award of the contract, if it is awarded, will be to the lowest responsible total base bidder
whose qualifications indicate the award will be to the best interest of the Owner and whose
proposal shall comply with the requirements of the Contract Documents. Time is of the essence
for this project and the time limits set in the proposal, if set by the bidder, will be accorded
weight by the Owner in the determination of the best proposal. In no case will the award be
made until all necessary investigations have been made into the responsibility of the low bidder
and the Owner is satisfied that the bidder is qualified to do the Work and have the necessary
organization, capital and equipment to carry out the provisions of the contract to the satisfaction
of the Owner within the time specified.
18.7 If the Contractor feels that a problem exists either prior to, or during the bid opening, he/she
shall contact the City (within 24 hours of the bid opening) and follow the City's current policy
for bid protests.
l8.8 The Owner reserves the right to award as a total contract any combination of the Unit Price Bid
Schedule Items that would be in the best interest of the Owner.
19. CASH ALLOWANCES
19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this
purpose only. The Contractor shall not proceed on any additional work to be covered by
allowances until authorized in writing by the Engineer. Such work shall be approved by the
Owner, shall be within the scope of work defined by this Contract and shall not exceed the
amount indicated in the Bid Form. Any amount remaining in the Cash Allowance will be
retained by the Owner.
END OF DOCUMENT
Oct. 2007
00100-7
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SECTION 00300
BID FORM
Bid of (Name of Bidder)
Address
Phone
Fax:
To furnish all materials, equipment and labor and to perform all work in accordance with the Contract
Documents for construction of: CENTRAL ISLAND DRAINAGE AND STREETS IMPROVEMENTS
located in the CITY OF SUNNY ISLES BEAG-I.
To: CITY OF SU1ThTY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work
and is familiar with the nature and extent of the work and any local conditions that may in any manner
affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding
Documents, in the manner prescribed therein and to the standards of quality and performance established
by the Engineer for the unit price amounts stated in the spaces herein provided, for each of the items or
combination of items stipulated. Unit price line items shall include cost of implementing all applicable
safety requirements. Bidder acknowledges that estimated quantities scheduled are approxirnated for the
sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual
quantities required may increase or decrease. Bidder further agrees that payments will be made on the
basis of actual quantities placed and accepted in the construction
UNIT BID PRICE SCHEDULE
Item No. Description Estimated Unit Unit Price Amount
Quantitv
US$ US$
101-1 Mobilization 1.0 LS
102-1 Maintenance of Traffic 365 LS/Da
102-3 Commercial material for Drivewav 500 CY
102-14 Traffic Control Officer 200 MH
102-61 Proiect Sian, (see Soecial Provisions) 3 Ea
102-71-11 Barrier Wall (temoorarv) 100 LF
102-71-21 Barrier Wall (relocation) 300 LF
104-13-1 Staked Silt Fence 500 LF
109-71-1 Field Office (300 SF Min.) 365 Da
11 0-1 -1 Clearina and Grubbina 14 LS/Ac
120-1 Reaular Excavation 1,149 CY
230-2 Limerock Material (12" Thick) 1,233 CY
327-70-1 Millina of existina Pavement (1" Avq.) 23.787 SY
331-2-1A Tvoe S-1 Asohaltic Concrete (3' Avq. ) 3,611 Ton
425-1-331 Curb Inlet Tvoe P-3 (<10') 1 I Ea
Oct. 2007
00300-1
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425-1-341 I Curb Inlet Type P-4 (<10') 1 Ea I
425-1-351 Curb Inlet Type P-5 (<10') 7 Ea
425-1-361 Curb Inlet Tvpe P-6 (<10") 18 Ea
425-1-521 Ditch Bottom Inlet Type C (<10') 19 Ea
425-1-541 Ditch Bottom Inlet Type D (<10') 35 Ea
425-1-542 Ditch Bottom Inlet Type D (>10') 1 Ea
425-1-671 Inlet Type P-11 (Dade County Std <10') 6 Ea
425-2-41 Manhole Type P-7 (<10') 24 Ea
425-2-42 Manhole Type P-7 (>10') 3 Ea
425-5 Manhole (Adjust) I 27 Ea
430-171-123 Pipe Culvert 15" RCP 63 LF
430-171-125 Pipe Culvert 18" RCP 6,135 LF
430-171-129 Pipe Culvert 24" RCP 2,727 LF
430-941 Pipe Desiltinq 500 LF
440-1-60 Underdrain Type Special (Swale Trench) 3,490 LF
520-1-10 Concrete Curb and Gutter Type F 1,686 LF
520-3 Concrete Valley Gutter (3' wide) 908 LF
520-6 Concrete Shoulder Gutter 331 LF
522-1 Concrete Sidewalk (4" Thick) 3.698 SY
522-2 Concrete Sidewalk (6" Thick) 166 SY
523-1-2 Patternedrrextured Pavement (Stamped) 39 SY
575-2 Soddinq St. AUQustine (includinq fertilizer
and waterinq) 23,931 SY
580-327-2 Relocation of Small Trees 20 Ea
700-20-11 Sinqle Post Siqn 122 AS
700-46-21 Relocate Sinqle Post Siqn 30 Ea
706-3 Marker Pavement Retro Reflective Marker 384 Ea
711-11-160 Pavement Messaqes (Bike & Arrow) 26 Ea
711-11-170 Directional Arrows Thermoplastic (16 SF) 10 Ea
711-11-251 Guidelines Yellow Thermoplastic 18 LF
711-11-140 Skip Traffic 2' of 4' White Thermoplastic 178 LF
711-11-122 Solid Traffic Stripe 8"WhiteThermoplastic 902 LF
711-11-123 Solid Traffic Stripe 12" White Thermoplastic 1,735 LF
711-11-124 Solid Traffic Stripe 18" White Thermoplastic 433 LF
711-11-125 Solid Traffic Stripe 24" White Thermoplastic 338 LF
711-11-224 Solid Traffic Stripe 18" Yellow Thermoplastic 30 LF
711-11-110 Solid Traffic Stripe 4" White Thermoplastic 3.775 NM
711-11-210 Solid Traffic Stripe 4" Yellow Thermoplastic 3.598 NM
730-70 Drainaqe Wells (Exfiltration Wells) 22 Ea
Total US$
10% Contingency for the use of the City US$
GRAND TOTAL US$
(Written)
(Authorized Signature)
(Date)
Oct. 2007
00300-2
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BID SECURITY
Accompanying this Bid lS a certified or cashier's check or a bid bond in the amount of 5%_of the bid made
payable to the Owner which may be forfeited as liquidated damages if. in the event this proposal is
accepted, the undersigned fails to execute the Agreement and furnish and pay for the required
performance and payment bonds for the Owner within 10 calendar days after acceptance of the Bid;
otherwise said certified or cashier's check or bid bond will be returned to the undersigned.
The undersigned Bidder agrees to commence work within ten (10) calendar days after the date of written
Notice to Proceed, and further agrees to substantially complete the work within THREE HUNDRED
SIXTY FIVE (365) consecutive calendar days after the date of \vritten Notice to Proceed subject to such
extensions of time allowed by the Conditions of the Contract.
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of sixty
(60) days after the scheduled closing time for receiving bids.
The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing
between the date established as the date of substantial completion and the actual date of such substantial
completion of the contract work, the amount of$500.00 per calendar day.
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
1.
?
, _.
.4.
,5.
,3.
Dated this _ day of
(month)
(year)
Contractor:
Address:
*
SEAL
*
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
Oct. 2007
00300-3
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DOCUMENT 00401
BID BOND
BIDDER (Name and Address):
SURETY (Name and Address or Principal Place or Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach. Florida 33160
BID
BID DUE DATE:
PROJECT: (Brief Description including Location):
Central Island Drainage and Street Improvement in the City of Sunny Isles Beach, Florida, between
Collins Ave. and Dumfoundling Causeway; 1741h Street (south limit) and 182nd Street (north limit)
BOND
BOND NUMBER:
DATE: (Not later than Bid Due Date):
PENAL SUM:
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms
printed on pages 2 and 3 hereof, do each cause this Bid Bond to be duly executed on its behalf by its
authorized officer, agent, or representative.
BIDDER
SURETY
(Seal)
(Seal)
Bidder's Name and Corporate Seal
Surety's Name and Corporate Seal
By:
By:
Signature and Title
Signature and Title
(Attach Power of Attorney)
Attest:
Attest:
Signature and Title
Signature and Title
Note: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety. Owner or other party shall be considered plural where
applicable.
Bid Bond, Oct. 2007
00401 -1
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l. Bidder and Surety, jomtly and severally,
bind themselves. their heirs, executors,
administrators, successors and assigns to pay to
Owner upon default of Bidder any difference
between the total amount of Bidder's bid and the
total amount of the bid of the next lowest,
responsible and responsive bidder as determined
by Owner for the Work required by the Contract
Documents, provided that:
1. l. If there is no such next lowest, responsible
and responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety shall
pay to Owner the penal sum set forth on the face
of this Bond, and
1.2. In no event shall Bidder's and Surety's
obligation hereunder exceed the penal sum set
forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure
of Bidder to deliver within the time required by
the Bidding Documents (or any extension thereof
agreed to in writing by Owner) the executed
Agreement required by the Bidding Documents
and any performance and payment bonds required
by the Bidding Documents and Contract
Documents.
3. This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by Owner) the executed
Agreement required by the Bidding Documents
and any performance and payment bonds required
by the Bidding Documents and Contract
Documents, or
3.2. All bids are rejected by Owner, or
3.3. Owner fails to issue a notice of award to
Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed to in
writing by Bidder and, if applicable, consented to
by Surety when required by paragraph 5 hereof).
4. Payment under this Bond will be due and
payable upon default by Bidder and within 30
calendar days after receipt by Bidder and within
Bid Bond, Oct. 2007
00401-2
30 calendar days after receipt by Bidder and
Surety of written notice of default from Owner,
which notice will be given with reasonable
promptness. identifying this Bond and the Project
and including a statement of the amount due.
5. Surety waives notice of and any and all
defenses based on or arising out of any time
extension to issue notice of award agreed to in
writing by Owner and Bidder, provided that the
total time for issuing notice of award including
extensions shall not in the aggregate exceed l20
days from Bid Due Date without Surety's written
consent.
6. No suit or action shall be commenced under
this Bond prior to 30 calendar days after the
notice of default, as required in Paragraph 4
above, is received by Bidder and Surety and in no
case later than one year after Bid Due Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent
jurisdiction located in the state in which the
Project is located.
8. Notices required hereunder shall be in
writing and sent to Bidder and Surety at their
respective addresses shown on the face of this
Bond. Such notices may be sent by personal
delivery, commercial courier or by United States
Registered or Certified Mail, return receipt
requested, postage pre-paid, and shall be deemed
to be effective upon receipt by the party
concerned.
9. Surety shall cause to be attached to this
Bond a current and effective Power of Attorney
evidencing the authority of the officer, agent or
representative who executed this Bond on behalf
of Surety to execute, seal and deliver such Bond
and bind the Surety thereby.
10. This Bond is intended to conform to all
applicable statutory requirements. Any applicable
requirement of any applicable statute that has
been omitted from this Bond shall be deemed to
be included herein as if set forth at length. If any
provision of this Bond conflicts with any
applicable provision of this Bond conflicts with
any applicable provision of any applicable statute,
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then the provIsion of said statute shall govern and
the remainder of this Bond that IS not in conflict
therewith shall continue in fuJ1 force and effect.
1 l. The term "bid" as used herein includes a bid,
offer or proposal as applicable.
END OF DOCUMENT
Bid Bond, Oct. 2007
00401-3
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to The City of Sunny Isles Beach, Florida
by
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or of the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida
Statues, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July l, 1 989, as a result of a jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controJJmg
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shaJJ be considered
an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(l) (e), Florida Statutes. means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
Oct. 2007
Form PUR 7068 (Rey. 06/11/92)
00402-1
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transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management
of an entity.
6. Based on information and belief, the statement which 1 have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives.
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1 989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final
Order entered by the Hearing Officer determined that it was not in the public interest to place the
entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final
order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD .A~MOlJNT PROVIDED IN SECTION 287.017, FLOR.TDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this
day of
,2007.
Personally known
OR Produced identification
Notary Public - State of
My commission expires
(Type of identification)
(Printed typed or stamped
commissioned name of notary public)
Oct. 2007
Form PUR 7068 (Rev. 06/11/92)
00402-2
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DOCUMENT 00403
TRENCH SAFETY ACT
(90-96, Laws of Florida)
Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price
are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1,
1 990. The bidder further identifies the costs of such compliance to be summarized below:
Trench Safety
Measure
(Description)
Unit of
Measure
(LFSF)
Unit
(Quantity)
Unit
Cost
Extended
Cost
A.
B.
e.
D.
Total $
If applicable, the Contractor certifies that all trench excavation done within his control in excess of five
feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions
Article 125-l and Sub-article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND
SHORING, SPECIAL - TRENCH EXCA V A TION).
Failure to complete the above may result in the bid being declared non-responsive.
Contractor agrees that the above safety compliances and costs are included in his bid package.
Signature of Bidding Contractor
END OF DOCUMENT
Oct. 2007
00403-1
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DOCUMENT 00420
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMA TlON
The Bidder shall furnish the following information. Failure to comply with this requirement may cause its
rejection. Additional sheets shall be attached as required.
l. Contractor's Name and Address:
2. Contractor's Telephone and Fax Numbers:
3. Contractor's License:
Primary Classification:
4. Number of years as a Contractor in construction work of the type involved in this Contract:
5. List the names and titles of all officers of Contractor's firm:
6. Name of person who inspected site or proposed work for your firm:
Name:
Date of Inspection:
7. What is the last project of this nature you have completed?
8. Have you ever failed to complete work awarded to you; if so, where and why?
9. Name three individuals or corporations for which you have performed work and to which you refer:
Oct. 2007
00420-1
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10. List the following information concerning of at least five (5) contracts during the last ten (10) years
on hand as of the date of submission of this proposal. (In case of co-venture, list the information for
all co-ventures).
NAME
OF
PROJECT
TOTAL
CONTRACT
V.i\LUE
CONTRACTED
DATE OF
COMPLETION
%
COMPLETION
TO DATE
CITY
(Continue list on inset sheet, if necessary)
11. Vlhat equipment do you own that is available for the work?
12. What equipment wi]] you purchase for the proposed work?
NOTE: Attach additional sheets if required.
If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
Oct. 2007
00420-2
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LIST OF SUBCONTRACTORS
The Bidder SHALL list below the name and address of each Subcontractor who will perform work under
this Contract in excess of one-half percent of the total bid price, and sha]] also list the portion of the work
which wi]] be done by such Subcontractor. After the opening of Proposals, changes or substitutions wi]] be
aJ10wed with written approval of the City of Sunny Isles Beach. Subcontractors must be properly licensed.
Work to be Performed
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
NOTE: Attach additional sheets if required.
Oct. 2007
Subcontractor's Name/Address
00420-3
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EJCDC
ST ANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year 2007 by and between
CITY OF SUNNY ISLES BEACHJhereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
Drainage and Street Improvements in the Central Island Neighborhood, limited by the NE 1 83rd and l74th
Streets along the north and south respectively and Collis Avenue (AlA) and the Dumfoundling waterway
along the east and west sides respectively. The work includes asphalt milling and resurfacing, street
widening, bicycle paths, drainage structures and associated drainage piping and the construction of 26
drainage (deep) wells, in addition to signing, marking and miscellaneous concrete work, sidewalks, curb
and gutter and valley gutters.
Article 2. ENGINEER.
The Project has been designed by:
Beiswenger, Hoch and Associates Inc
510 Shotgun Road Suite 400
Sunrise, FJ. 33326
who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
3.1. The Central Island Street and Drainage Improvements project will be substantially completed within
365 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03
of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07
of the General Conditions within 395 calendar days after the original date when the Contract Times
commence to run.
3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article l2
of the General Conditions. They also recognize the delays, expense and difficulties involved in proving
the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of
requiring any such proof, O\VNER and CONTRACTOR af,,'Tee that as liquidated damages for delay (but
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-1
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not as a penalty) CO]\"TRACTOR shall pay OWNER One Thousand Five Hundred and 00/100 dollars
($1,500.00) for each day that expires after the time specified in paragraph 3.1 for each Substantial
Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, refuse or fail
to complete the project by the project completion date within the time specified in paragraph 3.1 for
completion and readiness for final payment or any proper extension thereof granted by O\VNER,
CONTRACTOR shall pay OWNER an additional One Thousand and 001100 dollars ($1,000.00) for
each day that expires after the time specified in Paragraph 3. 1 for completion and readiness for final
payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs
4.1 below:
4.1 FOR A LUMP SUM CONTRACT OF:
TOT AL BASE BID (Lump sum, Unit prices, and contingency items)
($
)
(use words)
figures
As provided in Paragraph 1 l.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the
contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the last day of each month during construction as provided in paragraphs 5.1.1.
and 5.1.2. below. All such payments will be measured by the schedule of values established in Paragraph
2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made and
less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
Paragraph 14.02 of the General Conditions.
...2.Q.... % of Work completed (with the balance being retainage). If Work has been 50% completed as
determined by ENGINEER, and if the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, O\VNER, on recommendation of ENGINEER, may determine that as
long as the character and progress of the Work remain satisfactory to them, there will be no
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-2
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additional retainage on account of Work completed, in which case the remaining progress payments
prior to Substantial Completion wi]] be in an amount equal to 100% of the Work completed.
~ % (with the balance being retain age) of materials and equipment not incorporated in the Work
(but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as
provided in Paragraph 14.02 of the General Conditions and within Section 9-6.5 partial payments as
provided in FDOT Standard Specifications for Road and Bridge Construction.
5.1.2. \Vhen circumstances beyond the CONTR4.CTORS control arise (as determined by the
O\VNER) the OWNER may al10w the total payment to the CONTRACTOR to increase to 980;;,
of the contract price (with the balance being retainage), less such amounts as ENGINEER shall
determine, only after receipt of the final as-built and upon substantial completion of the project and
in accordance with Paragraph 14.02 of the General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph
14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended
by ENGINEER as provided in said Paragraph 14.07.
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the fol1owing
representations:
7.1. CONTRACTOR has examined and careful1y studied the Contract Documents (including the
Addenda listed in Paragraph 8.9) and the other related data identified in the Bidding Documents
including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance or furnishing of the
Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal. state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has careful1y studied a]] reports of explorations and tests of subsurface
conditions at or contiguous to the site and al1 drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities)
which have been identified in the Supplementary Conditions as provided in Paragraph 4.02.Al. of
the General Conditions. CONTRACTOR accepts the determination set forth in Paragraph SC-4 of
the Supplementary Conditions of the extend of the "technical data" contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02 B of the
General Conditions. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and careful1y
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data conceming conditions (surface,
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-3
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subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be ernployed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not
consider that any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and furnishing of the Work at the contract Price, within the Contract
Times and in accordance with the other terms and conditions of the Contract Documents.
7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data with
the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1 toR inclusive).
8.2. Exhibits to this Agreement (page) A inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and
consisting of ~ pages.
8.4. Notice to Proceed.
8.5. General Conditions (pages 00700-l to 00700-45. inclusive).
8.6. Supplementary Conditions (pages 00800-1 to 00800-13. inclusive) and any amendments
thereto.
8.7. Specifications bearing the title General Specifications and consisting of 15 pages.
8.8. Drawings consisting of cover sheet and sheets numbered consecutively 2 thru 114
8.9.
Addenda
. inclusive.
8.10. CONTRACTOR's Bid.
8.11. Specifications bearing the title Division II Special Provisions Consisting of 15 pages.
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-4
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8.12. The foJJowing which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: AJJ Written Amendments and other documents amending,
modifYing or supplementing the Contract Documents pursuant to Paragraph 3.04 of the
General Conditions.
8.13 Amendments and Additions to the Standard General Conditions of the Construction
Contract and the Supplementary Conditions, identified as exhibits 01000 and 0 1 00 and
consisting ofN/A pages.
The documents listed in Paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents
may only be amended, modified or supplemented as provided in Paragraph 3.04 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions
wiJJ have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents wiJJ be binding on another party thereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except to
the extent that the effect of this restriction may be limited by law), and unless specificaJJy
stated to the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to aJJ covenants, agreements and obligations contained in the
Contract Documents.
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shaJJ be deemed stricken, and all remaining provisions shaJJ
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that
the Contract Documents shaJJ be reformed to replace such stricken provisions or part
thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
PROJECT NAME: Central Island Drainage and Street Improvements
Project No.
DESCRIPTION
SHEET NO.
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-5
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Cover Sheet
Typlcal Sections
General Notes and Miscellaneous Details
Summary of Quantities
Survey Control Plan
Survey Control Points
Curve Data and Coordinates
Plan Layout
Plan and Profiles
Drainage Structures
Drainage Details
Pavement Core Results
Exfiltration Tests
Cross Sections
Traffic Control Notes
Traffic Control Plans
Signing and Marking Plans
1
2-4
5
6
7
8
9
10
11-37
38-39
40-41
42
43
44-91
92
93-97
98-114
9.5.2. In accordance with the indemnification provision contained in the General Conditions, the
CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH,
and BEISWENGER, HOCH AND ASSOCIATES Inc. and their official agents and
employees, from or on account of any injuries or damages received or sustained by any person or
person during or on account of any operations connected with the construction of all Work; or by or
in consequence of any negligence in connection with the same; or by use of any improper materials
or by or on account of any act or omission of the said CONTRACTOR subcontractor, agents,
servants, or employees; and
9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the
construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000
for injuries, including willful death, to anyone person and subject to those same lImits for each
person, in an amount not less that $1,000,000 for damages as a result of each occurrence and
property damage insurance and in an amount not less than $1,000,000 for damages on anyone
occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, and
BEISWENGER, HOCH AND ASSOCIATES Inc. their official agents and employees, by
making them an additional insured, and shall not be modified or canceled without thirty (30) days
written notice to the CITY OF SUNNY ISLES BEACH.
9.5.4 Should the final completion and acceptance of the work herein embraced together with
any modification or additions be delayed beyond the time herein set because of lack of performance
by the Contract, it is understood and agreed that aside from any other liquidated damage per day for
such delay from such time until the work is completed and accepted as herein provided, all costs of
engineering and inspection on behalf of the OWNER will be charged to the CONTRACTOR and
deducted from any estimate or payment otherwise due and payable to him from time to time. The
costs of engineering and inspection which may be charged to the CONTRACTOR by the OWNER
under this article shall be equal to the Engineer's charges to the Owner.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5)
parts. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All
portions of the Contract Documents have been signed, initialed or identified by OWNER and
CONTRACTOR or identified by ENGINEER on their behalf.
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-6
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This Agreement \vill be effective on
,20_ (which is the Effective Date of the Agreement).
ATTEST:
By
ICORPORATE SEAL]
ICORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500- 7
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SIGNATURE PAGE FOR CONTRACTS/AGREEMENTS
CITY EXECUTIONS
IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement or
Contract) on the respective dates under each signature: City of Sunny Isles Beach through its City
Commission, signing by and through its Mayor, authorized to execute same by Commission action on the
_ day of , 2007; and CONTRACTOR authorized to execute same.
CITY OF SUNNY ISLES BEACH, through its
City Commission
ATTEST:
By:
Norman S. Edelcup, Mayor
_day of
.2007
Jane Hines, City Clerk
Approved as to form and legality by
Office of the City Attorney
By:
John Szerlag, City Manager
_day of
,2007
By:
Hans Ottinot, City Attorney
_day of
,2007
(CITY SEAL)
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-8
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CERTIFICATE AS TO CORPORATE PRINCIPAL
1.
for
IS
the Corporation.
,2007.
Signed and sealed this _ day of
(SEAL)
Signature
Typed w/Title
ST A TE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
My Commission Expires:
Notary Public
E.JCDC STANDARD FORM OF AGREEMENT Oct. 2007
,2007.
00500-9
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CERTIFICA TE AS TO AUTHORIZED CORPORATE PERSONNEL
(Signature)
(Typed Name w/Title)
(Signature)
(Typed Name w/Title)
(Signature)
(Typed Name w/Title)
Signed and sealed this _ day of
,2007.
(SEAL)
Signature
Typed w/Title
ST A TE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
,2007.
My Commission Expires:
Notary Public
EJCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-10
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THIS P AGE INTENTIONALLY LEFT BLANK
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E.JCDC STANDARD FORM OF AGREEMENT Oct. 2007
00500-11
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Construction Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins A venue
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description: Central Island Drainage and Street Improvements, City of Sunny Isles Beach, FI. 33160
PROJECT NAME: Central Island Drainage and Street Improvements
City of Sunny Isles Beach, FI. 33160
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
SURETY
(Corp. Seal) Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
SURETY
(Corp. Seal) Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
00600- 1
EJCDC No. I91O-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated
General Contractors of Amenca. American Institute of Architects. American Subcontractors Association, and the Associated Specialty
Contractors.
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1. The Contractor and the Surety. jointly and severally. bind themselves.
their heirs. executors. admmistrators. successors and assigns to the Owner for
the performance of the Construction Contract. which is incorporated herein by
reference.
2. With respect to the Owner. this ohligation shall be null and void if the
Contractor:
2.1. Promptly makes payment, directly or indirectly. for all sums due
Claimants. and
2.2. Defends. indemnifies and holds harmless the Owner from all claims.
demands. liens or suits by any person or entity who furnished labor.
materials or equipment for use in the performance of the
Construction Contract. provided the Owner has promptly notified
the Contractor and the Surety (at the address described in Paragraph
12) of any claims. demands. liens or suits and tendered defense of
such claims, demands. liens or suits to the Contractor and the
Surety. and provided there is no Owner Default.
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3. With respect to Claimants. this obligation shall be null and void if the
Contractor promptly makes payment. directly or indirectly. for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the
Contractor have given notice to the Surety (at the address described
in Paragraph 12) and sent a copy. or notice thereof. to the Owner.
stating that a claim is being made under this Bond and. with
substantial accuracy. the amount of the claim.
4.2. Claimants who do not have a direct contract with the Contractor:
1. Have furnished wrinen notice to the Contractor and sent a
copy. or notice thereof. to the Owner. within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating. with substantial
accuracy. the amount of the claim and the name of the party to
whom the materials were furnished or supplied or for whom
the labor was done or performed: and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
3. Not having been paid within the above 30 days. have sent a
wrinen notice to the Surety (at the address described in
paragraph 12) and sent a copy. or notice thereof. to the
Owner. stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
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5. If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety. that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4. the Surety
shall promptly and at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant. with a copy to the Owner. within
45 days after receipt of the claim. stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2. Payor arrange for payment of any undisputed amounts.
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7. The Surety's total obligation shall not exceed the amount of this Bond.
and the amount of this Bond shall be credited for any payments made in good
faith by the Surety.
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8. Amounts owned by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and to
satisfy claims. if any. under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond. tlley agree that all
funds earned by the Contractor in the performance of the Construction Contract
are dedicated to satisfy obligations of the Contractor and the Surety under thiS
Bond. subject to the Owner's priority to use the funds for the completion of
the work.
9. The Surety shall not be liable to the Owner. Claimants or others for
obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any com or expenses of any
Claimant under this Bond. and shall have under this Bond no obligations to
make payments to. give notices on behalf of. or otherwise have obligations to
Claintants under this Bond.
10. The Surety hereby waives notice of any change. including changes of
time. to the Construction Contract or to relate subcontracts. purchase orders
and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the work
or part of the work is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by Subparagraph 4.1 or
subparagraph 4.2(3). or (2) on which the last labor or service was performed
by anyone or the last materials or equipment were furnished by anyone under
the construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law. the minimum period
of limitation available to sureties as a defense in the jurisdiction of the suit shall
be acceptable.
12. Notice to the Surety. the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of notice
by Surety. the Owner or the Contractor. however accomplished. shall be
sufficient compliance as of the date received at the address shown on the
signature page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed.
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. The intent is.
that this Bond shall be construed as a statutory bond and not as a common law
bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
15. DEFINITlONS
15.1. Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish
labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor. materials or equipment" that part of
water. gas. power. light. heat, oil. gasoline. telephone service or
rental equipment used in the Construction Contract. architectural
and engineering services required for performance of the work of
the Contractor and the Contractor' s subcontractors. and all other
items for which a mechanic's lien may be asserted in the
jurisdiction where the labor. materials or equipment were furnished.
15.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page. including all Contract
Documents and changes thereto.
15.3. Owner Default: Failure of the Owner. which has neither been
remedied nor waived. to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
.
.
(FOR INFORMA TION ONLY -Name, Mdress and Telephone)
AGENT or BROKER: OWNER'S REPRESENTA TIVE (Architect, Engineer or other party):
.
ill
00600- 2
.
.
EJCDC No. 1910-28B (1984 Edition)
Prepared through the Joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated
General Contractors of America. American Institute of Architects. American Subcontractors Association. and the Associated Specialty
Contractors.
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Construction Performance Bond
Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins A venue, Suite 250
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
PROJECT NAME
Central Island Drainage and Street Improvements
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
0060 1- 1
EJCDC No I9IO-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated
General Contractors of America. American Institute of Architects. American Subcontractors Association. and the Associated Specialty
ContractOrs.
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!. The Contractor and the Surety. jointly and severally. bind themselves.
their heirs. executors. administrators. successors and assigns to the Owner for
the performance of the Construction Contract. which is incorporated herein by
reference.
2. If the Contractor performs the Construction Contract. the Surety and the
Contractor shall have no obligation under this Bond. except to participate in
conferences as provided in Subparagraph 3.1.
3. If there is no Owner Default. the Surety's obligation under this Bond
shall arise after:
3.1. The Owner has notified the Contractor and the Surety at its
address described in Paragraph 10 below. that the Owner is
considering declaring a Contractor Default and has requested and
anempted to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construction
Contract. If the Owner. the Contractor and the Surety agree, the
Contractor shall be allowed a reasonable time to perform the
Construction Contract. but such an agreement shall not waive the
Owner's right. if any. subsequently to declare a Contractor
Default: and
3.2. The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1: and
3.3. The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3. the Surety
shall promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the Contractor. with consent of the Owner. to
perform and complete the Construction Contract: or
4.2. Undertake to perform and complete the Construction Contract
itself. through its agents or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to
be prepared for execution by the Owner and the contractor
selected with the Owner's concurrence. to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Contract. and
pay to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contract Price
incurred by the Owner resulting from the Contractor's default:
or
4.4. Waive its right to perform and complete. arrange for completion.
or obtain a new contractor and with reasonable promptness under
the circumstances:
1. After investigation, determine the amount for which it may
be liable to the Owner and. as soon as practicable after the
amount is determined. tender payment therefor to the
Owner: or
2. Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness. the Surety shall be deemed to be in default on this Bond fifteen
days after receipt of an additional wrinen notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond. and the
Owner shall be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the
payment tendered or the Surety has denied liability. in whole or in part.
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without further notice the Owner shall be enlttled to enforce any remedy
available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract. and if the Surety elects to act under Subparagraph 4.!.
4.2. or 4.3 above. then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract. and
the responsibilities of the Owner to the Surety shall not be greater than those of
the Owner under the Construction Contract. To the limit of the amount of this
Bond. but subject to commitment by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract. the
Surety is obligated without duplication for:
6.1. The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract:
6.2. Additional legal. design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4: and
6.3. Liquidated damages. or if no liquidated damages are specified in
the Construction Contract. actual damages caused by delayed
performance or non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract. and the Balance
of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any
person or entity other than the Owner or its heirs. executors. administrators. or
successors.
8. The Surety hereby waives notice of any change. including changes of
time, to the Construction Contract or to related subcontracts. purchase orders
and other obligations.
9. Any proceeding, legal or equitable. under this Bond may be instituted in
any court of competent jurisdiction in the location in which the work or part of
the work is located and shall be ins tinned within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed.
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. The intent is
that this Bond shall be construed as a statutory bond and not as a common law
bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made. including allowance to the
Contractor of any amounts received or to be received by the
Owner in senlement of insurance or other claims for damages to
which the Contractor is entitled. reduced by all valid and proper
payments made to or on behalf of the Contractor under the
Construction Contract.
12.2. Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor. which has neither
been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner. which has neither been
remedied nor waived. to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
.
(FOR INFORMATION ONLY-Name, Mdress and Telephone)
AGENT or BROKER: OWNER'S REPRESENTA TIVE (Architect, Engineer or other party):
.
.
.
00601-2
.
EJCDC No. 1910-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated
General Contractors of America. American Institute of Architects. American Subcontractors Association. and the Associated Specialty
Contractors.
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DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO: THE CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Florida, 33160
We acknowledge and agree that as
contractors for the construction of the" Central Island Drainage and Street Improvements",
that we have the sole responsibility for compliance with all requirements of the Federal
Occupational Safety and Health Act of 1970, and all State and Local Safety and Health
regulations, and agree to indemnify and hold harmless the City of Sunny Isles Beach, and
Beiswenger, Hoch and Associates Inc., Consulting Engineers against any and all legal
liability or loss the District or the Engineer may incur due to (Name of the Contractor)
failure to comply with such act.
ATTEST
CONTRACTOR
By:
ATTEST
Title:
DATE
END OF DOCUMENT
Oct. 2007
00650-1
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SECTION 00800
FIRST AMENDED SUPPLEMENTARY CONDITIONS
The following supplements modify, change from or add to the Standard General Conditions of the
Construction Contract EJCDC Document 1910-8, 1996 Edition. Where any Article of the General
Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these
supplements, the unaltered provisions shall remain in effect.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
Add the following sentence to Paragraph 1.01.28 entitled "Notice of Award":
"When requested by OWNER, the Notice of Award may be issued by the ENGINEER."
Add the following sentence to Paragraph 1.01.29 entitled "Notice to Proceed":
"When requested by OWNER, the Notice to Proceed may be issued by ENGINEER."
Add the following terms after Paragraph 1.01 50:
l.51 ARCHITECT/ENGINEER - The person, firm or corporation named as the ENGINEER in
the Agreement.
1.52 Provide - As used in the Project Manual, means to furnish and install, complete and ready
for intended use.
1.53 Product - As used in the Project Manual, includes materials, fabrications, systems and
equipment.
l.54 Project Manual - The volume of written construction documents, including the Bidding
Documents, sample forms, and the Contract Documents, such as the Conditions of the Contract
and the Specifications.
1.55 Retainage - The percentage of the Contract Price, retained by Owner from the progress
payments to the Contractor for Work performed until the Work is completed. It shall be payable
to Contractor in accordance with the Contract Documents.
ARTICLE 2 - PRELIMINARY MATTERS
Add the following to Paragraph 2.01:
"If the Work is to be commenced prior to execution of the Agreement in response to a letter of
intent, CONTRACTOR shall, prior to commencement of the Work, submit evidence satisfactory
to OWNER that such bonds will be furnished."
In the first line of Paragraph 2.02. change the term "...ten..." to read:
"...six_( 6)...".
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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Delete Paragraph 2.03. and replace with the foJJowing:
"The date of commencement of the Work is the date established in a Notice to Proceed."
Add the following to Paragraph 2.05.:
"D. CONTRACTOR shall perform no portion of the Work at any time without Contract
Documents or, where specified, approved Shop Drawings for such portion of the Work.
E. By executing the Contract, CONTRACTOR represents that he has visited the site.
familiarized himself with the local conditions under which the Work is to be performed. and cor-
related his observations with the requirements of the Contract Documents."
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Add the following to Paragraph 3.02.A.:
"3. Sections of Division One - General Requirements govern the execution of all sections of the
Specifications."
ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS: REFERENCE POINTS
In Paragraph 4.02.A., change the term" ...Supplementary Conditions..." to read:
" .. .bidding requirements..." .
LI Paragraph 4.02.B., change the term "Supplementary Conditions..." to read:
"...bidding requirements...".
ARTICLE 5 - BONDS AND INSURANCE
In the first line of Paragraph 5.04., foJJowing the word "...maintain...", insert the words:
" ... in a company or companies licensed to do business in the State of Florida,...".
In the last line of Paragraph 5.04.A.6., foJJowing the word "...vehicle.", insert the words:
". .., or arising out of operation of laws and regulations for damages because of bodily injury or
death of any person or for damage to property."
Add the following after Paragraph 5.04.B.7.:
8. Include all major divisions of coverage and be on a comprehensive basis including:
1. Premises Operations (including X, C and U coverages as applicable.
ii. Independent contractor's Protective.
111. Products and Completed Operations.
IV. Personal Injury Liability with Employment Exclusion deleted.
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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v. Contractual Liability.
VI. Owned. non-owned and hired motor vehicles.
VII. Broad Form property Damage including Completed Operations.
9. Provide coverage for not less than the following amounts.
a. Workers' Compensation, etc. under
paragraphs 5.04.A and 5.04.B:
1. State Including employers liability
limits $1,000,000 each
accident $1,000.000 disease
policy limit, $1,000.000
disease each employee
2. Applicable Federal Statutory
(e.g. Longshoreman's and/or Maritime)
3. Employer's Liability $ 1,000,000.00
b. Contractor's Liability Insurance under Article
5.4, which shall also include completed
operations and product liability coverage and
eliminate the exclusion with respect to
property under the care, custody and control
of custody and control of Contractor:
1. General Aggregate (Except Products - $ 1,000,000.00
Completed Operations)
2. Products - Completed Operations Aggregate $ 1,000,000.00
3. Personal and Advertising Injury (Per $ 1,000,000.00
Person/Organization)
4. Each Occurrence (Bodily Injury and $ 1,000,000.00
Property Damage)
5. Property Damage liability msurance will $ 1,000,000.00
provide Explosion, Collapse and
Underground coverage where applicable.
6. Professional Liability, Errors & Omissions $ 1,000,000.00
insurance for architects, engineers and other
consulting professionals
7.. Excess Liability
General Aggregate $ l,OOO.OOO.OO
I Each Occurrence $ 1.000,000.00
8. Professional Liability Insurance. as it applies $ 1,000.000.00
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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c. Automobile Liability under paragraph
5.04.A.6
1. Bodily Injury:
Each Person $ 1.000.000.00
Each Accident $ 1,000.000.00
Property Damage:
Each Occurrence $ 1.000.000.00
OR 2. Bodily Injury and Property Damage
Combined Single Limit:
Each Occurrence $ 1,000,000.00
Aggregate $ 1.000.000.00
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insured on Contractor's General Liability Policy. Add the
folJowing names:
OWNER -
City of Sunny Isles Beach
18070 ColJins Avenue
Sunny Isles Beach, Florida 33160
ENGINEER -
Beiswenger, Hoch and Associates Inc
510 Shotgun Rd. Suite 400
Sunrise, Florida 33326
10. The additional liability coverage for ENGINEER is not to be construed as to requiring,
in any way, that either OWNER or CONTRACTOR be obligated to supply insurance
protecting ENGINEER for its liability emanating from professional errors or omissions.
11 In conformance with the requirements of Section 725.06, Florida Statutes, the specific
considerations for CONTRACTOR's promises are:
a. One dolJar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's employees
to CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which
CONTRACTOR accepts as completely fulfilJing the obligations of OWNER,
ENGINEER, and ENGINEER's employees under the requirements of Section 725.06,
Florida Statutes, and;
b. The entry of OWNER and CONTRACTOR into the construction contract because, but
for CONTRACTOR's promises as contained in the General Conditions. OWNER would
not have entered into the construction contract with CONTRACTOR."
Add the folJowing after Paragraph 5.06.E:
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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"F. The form of policy for this coverage shaJJ be Completed Value.
G. If, under the provisions of this insurance, there are mandatory deductibles, or if OWNER
elects to increase the mandatory deductibles or purchase this insurance with voluntary deductible
amounts, then OWNER shaJJ be responsible for payment of the fuJJ amount of the deductible in
the event of a paid claim."
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Add the foJJowing after Paragraph 6.05.F:
"G. The use of asbestos or asbestos-based fiber materials is prohibited in this Project."
Add the following after Paragraph 6.08:
"6.08.A. The OWNER will secure and pay for only the following governmental charges and
inspection fees:
a. special assessments,
b. capital connection fees,
c. threshold and special inspection fees,
d. permanent utility meter installation fees,
e. permanent utility hook-up fees, and
f. impact fees.
6.08.B. CONTRACTOR shaJJ pay for all building permits and charges of utility owners for
connections to the \^lork~ and O\^lNEP,- \"vill pay charges of such utility Ow11ers for capital costs
related thereto such as plant investment fees."
Add the foJJowing after the last sentence in Paragraph 6.10:
In accordance with Exhibit A hereto, entitled Tax Exemption Agreement to Contract, the Owner
may directly purchase aJJ materials and equipment identified in the Contract Documents for
incorporation into the Project ("Owner-Provide Materials").
Delete the last sentence of Paragraph 6.12. and substitute the foJJowing:
"These shaJJ be available to ENGINEER for examination during construction and shaJJ be
delivered "to ENGINEER for OWNER upon Substantial Completion of the Work."
At the end of Paragraph 6.13 .B, add the following sentences:
"The Occupational Safety and Health Administration excavation safety standards, 29 CFR
1926.650 Subpart P trench safety standards are in effect during the period of construction of the
Project. In compliance with current State of Florida statutes, the Contractor or subcontractor
performing trench excavation work on the Project shall comply with the applicable trench safety
standards. "
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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In the sixth line of Paragraph 6.20.A.. change the parenthetical insert to read as follmvs:
"...(including but not limited to fees and charges of ENGINEER, other engineers. architects,
attorneys and other professionals, particularly including, but not limited to reasonable
ENGINEER's attorney's fees, and court costs)...".
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRllCTION
Change the first sentence of Paragraph 9.0 1. A. to read as follows:
"If OVVNER and ENGINEER agree, ENGINEER will be OVVNER's representative during the
construction period."
ARTICLE 10 - CHANGES IN THE WORK: CLAIMS
Add the following:
"10.06. -Without invalidating the agreement, Owner may, at any time execute appropriate
Change Orders for additions and/or deletions in the work of up to 25% of the total contract
amount, without a change in the contract unit prices bid."
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION,
REMOV AL OR ACCEPTANCE OF DEFECTIVE WORK
Replace 13.03.B. with:
"All testing shall be paid for by the Contractor."
Add the following sentence to Paragraph 13.07.A.:
"Specific and special warranties specified in the Contract Documents are in addition to, and not
in lieu of, the contractors general warranty. CONTRACTOR shall not be relieved of general
warranty obligations by the specification of specific products or procedures."
13.09. In the first sentence of the paragraph OWNER, change the first line from "If Contractor fails
within a reasonable time after written notice of Engineer..." to read:
"If Contractor fails within ten (10) calendar days after written notice of Engineer..."
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days before each
progress payment is scheduled (but not more often than once a month), ..." to read:
"By no later than the first day of the month, ...".
Following Paragraph 14.02.A.3 add:
4. An original Partial Release of Lien is required from the General Contractor along with
the application for Payment No. 1 and for each subsequent application thereafter. For
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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each application for payment (excluding Application No.1) the Contractor shaJJ submit
with the application Partial Releases of Liens for all Notice to Owners that have been
received for the project by the Owner and Engineer".
5. With each Application for Payment, the Contractor shaJJ submit supporting records and
other evidence, in a form and amount acceptable to the City and the Engineer, to
demonstrate the expenses incurred and the Work performed. This shaJJ include, but not
be limited to documentation related to the purchase of Owner-Provided Material and the
reduction in the Contract Sum as a result of such expenditures.
6. Each application for Payment shall be based on the most recent schedule of values
submitted by Contractor in accordance with the Contract Documents. The schedule of
values shall aJJocate the entire guaranteed maximum Contract Price among the various
portions of the Work, except that the Contractor's Fee shaJJ be shown as a separate item.
The schedule of values shaJJ be prepared in such form and supported by such data to
substantiate its accuracy as the Engineer may require. This schedule, unless objected to
by the Engineer, shaJJ be used as a basis for reviewing the Contractor's Applications for
Payment.
7. Applications for payment shall show the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment. The
percentage of completion shall be the lesser of: (l) the percentage of that portion of the
Work which has actuaJJy been completed; or (2) the percentage obtained by dividing (a)
the expense that has actuaJJy been incurred by the Contractor on account of that portion
of the Work for which the Contractor has made or intends to make actual payment prior
to the next Application for Payment by (b) the share of the Contract Price allocated to
that portion of the Work in the schedule of values.
8. Subject to the provisions of the Contract Documents, the amount of progress payments
shaJJ be computed as foJJows:
a) take that portion of the Contract Price properly allocable to the computed Work
as determined by multiplying the percentage of completion of each portion of
the \^/ ark in the schedule of values. Pending final determination of the costs to
the Owner of changes in the Work, amounts not in dispute shaJJ be included in
the Application for Payment along with Change Order, Work Change Directive
or Written Amendment indicating the parties' agreement with all or part of such
costs for additional Work.
b) add the portion of the Contract Price properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation
in the Work, or, if approved in advance by Owner, suitably stored off-site at a
location agreed upon in writing.
c) add the Contractor's Fee, less the ten percent (10%) Retainage. The Contractor's
Fee shaJJ be computed upon the Cost of the Work described in the preceding
clauses at the rate in accordance with Paragraph 11.0 1.C or, if the Contractor's
Fee is stated as a fixed sum, then it shall be an amount that bears the same ratio
to that fixed-sum fee as the Cost of the Work in the two preceding clauses bears
to a reasonable estimate of the probable Cost of Work upon completion.
d) subtract the aggregate of the previous payments made by the Owner;
e) subtract the shortfall, if any, indicated by the Contractor in the supporting
records and other evidence as mutually agreed between the Owner or Engineer
and Contractor to demonstrate expenditures incurred to substantiate prior
Applications for Payment, or resulting from errors subsequently discovered by
Owner, or designee;
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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f)
subtract the amounts, if any, for which the Architect has withheld or nullified
Certificate for Payment in accordance with the provisions of the Contract
Documents."
In Paragraph 14.02.B., change the beginning of the sentence:Jrom "Ten days..." to read:
"Forty-five days...".
In Paragraph 14.02.C.1, insert the following:
2. The Contractor shall promptly pay each subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion
of the Work, the amount to which said Subcontractor is entitled, reflecting percentages
actually retained from payments to the Contractor on account of such Subcontractor's
portion of the Work. The Contractor shaH, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to Subsubcontractors, if such
Sub subcontractors are permitted by the Contract Documents, to make payments to
Subsubcontractors in the same manner.
3. Neither the Owner nor the Engineer shaH have an obligation to payor see to the payment of
money to a Subcontractor, except as provided by law.
4. Payment by Contractor to material suppliers shall be treated in the manner as provided in
Paragraph 14.02.C.2.
5. Except with the Owner's prior approval, payments to Subcontractors shall be subject to
Retainage of not less than ten percent (10%). The Owner and the Contractor shall agree
upon a mutually acceptable procedure for review and approval of payments and retention for
Subcontractors.
6. Upon mutual agreement by Owner and Contractor, payment in full may be made to those
Subcontractors whose Work is fully completed during the early stages of the Project.
t~otvvithstanding Paragraphs 14.02.J\..8 and 14.02.C.5 above, at such times as the \x/ark as set
forth in the schedule of values has been 50% completed, and upon mutual agreement of the
Owner and Contractor, no further retainage shall be withheld from progress payments with
respect to such portion of the Work. Agreement as to any such reduction in retained
amounts wiH not constitute a waiver of or otherwise prejudice the Owner's right to
subsequently reinstate full retainage, as to that subcontractor, should circumstances justify
such action in the Owner's sole judgment.
7. Upon Substantial Completion of the entire Work of the Contractor. a sum, sufficient to
increase payments to the Contractor to one hundred percent (100%) of the Contract Sum,
less amounts, if any for incomplete Work and unsettled claims, shall be paid to Contractor
with the next sequential payment application after Substantial Completion is obtained.
Delete Paragraph 14.05 and replace with the following:
A. The Owner may occupy or use any completed or partially completed portion of the Work at
any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented by the insurer, in accordance with Paragraph
5.06.A.5 and as authorized by public authorities having jurisdiction over the Work. Such
partial occupancy or use may commence whether or not the portion is substantially
complete, provided Owner and Contractor have accepted in writing the responsibilities
assigned to each of them for payments, Retainage, if any. security, mamtenance, heat.
utilities, damage to Work and insurance, and have agreed in writing concerning the period
for correction of Work and commencement of warranties reqUlred by the Contract
I Oct. 2007 SUPPLEMENTARY CONDITIONS
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Documents. -When the Contractor considers a portion substantially complete, the Contractor
shall prepare and submit a comprehensive list to the Engineer of the items to be completed or
corrected prior to final payment. The Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract
Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably
withheld. The stage of the progress of the Work shall be determined by written agreement
between the Ovmer and the Contractor, or if no agreement is reached, by decision of the
Engineer.
B. Immediately or prior to such partial occupancy or use, the Owner, Contractor, and Engineer
shall jointly inspect the area to be occupied or the portion of the Work to be used in order to
determine and record the condition of the Work.
C. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work
shaJl not constitute acceptance of the Work not complying with the Contract Documents."
After the least sentence in Paragraph 14.04.B, insert the foJlowing:
"c. Once 1) the definitive certificate of completion has been issued to the Owner and the Contractor and
2) once consent of the surety, if any, has been obtained, the Owner shaJl make payment of Retainage
applying to such Work or designated portion thereof. Such payment shaJl be adjusted for Work that is
incomplete or not in accordance with the requirements of the Contract Documents."
Delete Paragraph 14.07.A.2 and 1 4.07 .A.3 insert the foJlowing:
"The final Application for Payment shaJl be accompanied (except as previously delivered) by:
(1) an affidavit that payroJls, biJls for materials and equipment, and other indebtedness connected
with the Work for which the Owner or the Owner's property might be responsible or
encumbered (less amounts \vithheld by O\vner) have been paid or otherNise been satisfied. (2) a
certificate evidencing that insurance required by the Contract Documents to remain in force after
final payment is currently in effect and will not be canceled or aJlowed to be expired until at least
30 days' prior written notice has been given to the Owner, (3) a written statement that the
Contractor knows of no substantial reason that the insurance wiJl not be renewable to cover the
period required by the Contract Documents, (4) consent of the surety, if any, to final payment.
and (5) if required by the Owner. other data establishing payment or satisfaction of obligations,
such as receipts, releases, and waivers of liens, claims, security interests of encumbrances arising
out of the Contract, to the extent and in such form as may be designated by the Owner. (6) all
documentation as required by the Contract Documents, and (7) acceptance by the Owner and
governing agencies. If a Subcontractor refuses to furnish a release or waiver required by the
Owner, the Owner may require that the Contractor furnish a bond or other coJlateral satisfactory
to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after
payments are made, the Contractor shaJl refund to the Owner all money that the Owner may be
compeJled to pay in discharging the lien, including aJl reasonable attorneys' fees and costs. The
final payment wiJl become due when the Contractor submits the information above to the
Engineer."
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
Paragraph l5.02.B., insert the foJlowing after the words...such excess...; ":
I Oct. 2007 SUPPLEMENTARY CONDITIONS
00800-9
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(including but not limited to fees and charges of ENGINEER, other engineers, architects,
attorneys and other professionals, particularly including, but not limited to reasonable Engmeer's
attorney's fees, and court costs)...".
ARTICLE 16 - DISPUTE RESOLUTION
Delete this Article in its entirety.
ARTICLE 17 - MISCELLANEOUS
Add 17.05.B:
"The venue for any cause of action sha]] be Miami-Dade County."
17.05. C. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy sha]] be settle by arbitration in accordance
with the procedures, rules and regulations of the American Arbitration Association. The decision
rendered by the Arbitrator sha]] be final and biding upon the parties and judgment upon the award
rendered by the arbitrator may be entered in a court having jurisdiction. Arbitration shall be held in
Miami-Dade, Florida. A]] costs of arbitration and attorneys' fees incurred by the parties shall be paid by
the non-prevailing party or, if neither party prevails on the whole, each party sha]] be responsible for a
portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court
on confirmation.
After Article 17 add the fo]]owing article:
ARTICLE 18 - OWNER-PROVIDED MATERIALS
The Contractor and Owner desire to enter into an arrangement whereby certain purchases under the
Contract may be made by the Owner as a result of Owner's status of being exempt from sales and use
tax.
1. Notwithstanding anything in the Contract to the contrary, the Owner shall directly purchase all
materials and equipment identified in the Contract Documents as required for incorporation into
the Project ("Owner-Provided Materials"). The Owner does hereby grant to the Contractor the
fu]] authority as an agent of the Owner to prepare, place and execute Purchase Orders for and m
the name of the Owner for all Owner-Provided Materials. The Contractor as agent of the Owner
sha]] sign such Purchase Orders.
2. The Owner wi]] be liable for the timely payment for a]] Owner-Provided Materials. The
Contractor will submit requisitions for orders of Owner-Provided Materials to the Owner for
approval when required. Vendors wi]] render statements ("OPM Invoices") to the Owner for any
Owner-Provided Materials purchased. The Owner wi]] provide copies of all OPM Invoices to the
Contractor upon approval by the Owner. After reviewing the OPM Invoices, the Contractor wi]]
return these OPM Invoices with proper back up to the Owner for payment. The Owner sha]]
make payment directly to the respective vendors as provided in the OPM Invoices. The Owner
wi]] send such vendor payments along with Contractor payment to the Contractor who wi]], as
Owner's agent, distribute such vendor payments to the respective vendors in return for Releases
of Lien. The Owner wi]] provide Contractor with any tax exemption certificates or other
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documents required or useful to provide to the vendors of Owner-Provided Materials to evidence
the tax -exempt status of the Owner.
3. The Contract Price and shall be reduced by the sum of aJl Costs of the Work paid by the Ovvner
for Owner-Provided Materials plus any applicable sales and use tax amounts initially included in
the Contract Sum and GMP for such Owner-Provided Materials.
4. The Contractor shall maintain separate accounting records for all transactions carried out under
the authority of this Agreement. Such records shall be open to the Owner during normal business
hours of the Contractor.
5. The Contractor shall select, obtain approvals, submit samples, price shop drawings, pursue,
receive, inspect, and accept or reject all Owner-Provided Materials purchased in the manner
described herein per the Contract. The Contractor shaJl remain responsible for the proper
instaJlation of aJl Owner-Provided Materials and wiJl continue to warrant its instaJlation of these
Owner-Provided Materials as provided in the Contract. This Agreement will not be an acceptable
excuse for delay to the construction schedule.
6. The authority granted the Contractor hereunder may be revoked by the Owner at any time upon
written notice delivered to the Contractor at its offices at: , during normal
business hours.
7. The Owner agrees that the Contractor's Fee as set forth in the Contract shaJl not be reduced as a
result of any Owner-Provided Materials deduct change orders; i.e., the Contractor's Fee shall
continue to apply to the total sum of all remaining Costs of the Work plus the costs of aJl Owner-
Provided Materials and plus the applicable tax amounts. Likewise, aJl agreed charging rates
based on the Contract Price, including without limitation for bonds and insurance, shall continue
to be charged based on the total sum of the Contract Price amount plus the costs of aJl Owner-
Provided 1\1atenals and plus the applicable tax amounts."
END OF DOCUMENT
I Oct. 2007 SUPPLEMENTARY CONDITIONS
00800-11
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IN WITNESS WHEREOF, the parties hereto have made and executed this First Amended
Supplemental Conditions on the respective dates under each signature: City of Sunny Isles Beach
through its City Commission, signing by and through its Mayor, authorized to execute same by
Commission action on the day of : and CONTRACTOR authorized to
execute same.
CITY OF SUN1\TY ISLES BEACH, through its
City Commission
ATTEST:
By:
Norman S. Ede1cup, Mayor
_day of
,2007
Jane Hines, City Clerk
Approved as to form and legality by
Office of the City Attorney
By:
John Szerlag, City Manager
_day of
,2007
By:
Hans Ottinot, City Attorney
ATTEST:
By
[CORPORATE SEAL]
[CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation,
attached evidence of authority to sign).
_day of
,2007
(CITY SEAL)
I Oct. 2007 SUPPLEMENTARY CONDITIONS
00800-12
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THIS PAGE LEFT INTENTIONALLY BLANK.
I Oct. 2007 SUPPLEMENTARY CONDITIONS
00800-13
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SECTION 00900
Addendum No.
to
Contract documents
CITY OF SUNNY ISLES BEACH
CITY BID No. 07-l0-02
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes, additions, deletions,
clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents
shall become a part of and have precedence over anything shown or described otherwise.
All other documents, specifications, drawings, tern1S and conditions remain the same.
Bidders must acknowledge receipt of Addendum on Page 00300-3.
END OF SECTION
Oct, 2007
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DIVISION I
GENERt\L SPECIFICATIONS
1. Definitions:
Whenever the following terms or pronouns in place of them appear in the Contract Documents,
the intent and meaning shall be interpreted as follows:
a. City: Sunny Isles Beach, Florida, the public body, agency, or instrumentality, which is a
party hereto and for which this Contract is to be performed.
b. Commission or City Commissioners: The present Board of City Commissioners of
Sunny Isles Beach the legal representative of the City, or their successors in office.
c. City Manager: The administrative agent acting for and on behalf of the City
Commission.
d. Department: The "Florida Department of Transportation Standard Specifications for
Road and Bridge Construction" 2004 edition, which are part of the Contract Documents.
Wherever the term "Department", "State of Florida Department of Transportation" or
"Director" appears, it shall be understood to mean the "City" or the "Engineer" as
applicable, and as defined herein.
e. Engineer: The City's Director of Public Works or his authorized representative
Beiswenger, Hoch and Associates, Consulting Engineers.
f. Force Account: Basis of Payment for "Extra Work".
g. Inspector: An authorized representative of the "Engineer" assigned to make all necessary
inspections of the materials furnished by the Contractor and of the work performed by the
Contractor.
h. Bidder: Any individual, firm, or corporation submitting a proposal for the work
contemplated, acting directly or through a duly authorized representative.
i. Contractor: The party of the second part to the Contract. The person, firm, or
corporation, holders of a current Certificate of Competency applicable to the type of work
to be performed, with whom a Contract has been made directly or through accredited
representatives that may have entered into a Contract with the City of Sunny Isles Beach,
(City) Florida, and who is primarily liable for the acceptable performance of the work for
which he has contracted and also for the payment of all legal debts pertaining to the
work.
j. Subcontractor: A person, firm or corporation supplying labor and materials or labor for
work under subcontract at the site of the project.
k. Emergency: A temporary unforeseen occurrence or combination of circumstances, which
endangers life or property and calls for immediate action or remedy.
General Specifications Oct. 2007
Page 1 of l5
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I. Surety: The corporate bond company or individual which is bound by the Contract Bond
with and for the Contractor, who is primarily liable, and which engages to be responsible
for his acceptable performance of the work of which Contract has been made and for his
payment of all debts pertaining thereto.
m. Plans: The official approved Plans, or exact reproductions thereof, which show the
location, character, dimensions, and details of the work to be done and which are to be
considered as a part of the Contract supplementary to this agreement.
n. Specifications: The directions, provisions, and requirements contained herein or attached
hereto, together with all written agreements made or to be made, setting out or relating to
the method and manner of performing the work or to the quantities and qualities of
materials and labor to be furnished under the Contract.
o. Contract: The Contract shall include the Request for Proposal, Instructions to Bidders,
Plans, General Specifications, Special Provisions, and Contract Bond. F.D.O.T. Standard
Specifications for Road and Bridge Construction shall govern, also any and all
Supplemental Agreements required to complete the construction of the Project in a
substantial and acceptable manner.
p. Contract Bond: Also known as the "Contractor's Performance and Payment Bond" or
"Performance Bond". A Cash Bond, furnished by the Contractor, or a Surety Bond
furnished by the Contractor and his Surety as a guaranty of good faith that he will execute
the work in accordance with the terms of the Contract.
q. Bid Bond: A Cash Bond furnished by the Contractor or a Surety Bond furnished by the
Contractor and his Surety with the bid as a guaranty of the Bidder's good faith, ability and
readiness to execute the Contract and the Contract Bond.
r. Special Provisions: Specific clauses including the "Instructions to Bidders" and the
General Covenants and Specifications and Supplemental Agreements, if there be any,
setting forth conditions peculiar to the project under consideration.
s. Cash Bond: A certified check or cashier's check furnished by the Contractor in lieu of a
Surety Bond for either a Bid Bond or a Contract Bond, or a Maintenance Bond covering
the same required amounts and providing the same guarantee as contained in the
respective Surety Bond.
A certified check or cash amount shall be furnished simultaneously with the respective,
completed approved form of Cash Bond provided to the Contractor previously by the
City as part of the Contract Documents. The Contractor may deposit the above-
mentioned check or cash with the Finance Director of the City prior to the Bid opening
date and attach a receipt from the above County Officer to his bid as evidence of his
compliance with the requirements contained herein.
t. Maintenance Bond: A Cash Bond or approved form of security furnished by the
Contractor or by the Contractor and his Surety as a guaranty of good faith that he will
perform any maintenance or repairs in accordance with the terms of the Contract.
General Specifications Oct. 2007
Page 2 of l5
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u. Material: Materials incorporated in the Project, or used or consumed in the performance
of the work.
y. Retainagc: Amount retained equivalent to 10% of each invoice to be restituted to the
Contractor within 60 days after acceptance by the City of work. The City will not accept
Substitution of Securities for Retainage.
2. Plans and Specifications
The specifications referred to herein shall include General Specifications and Special Provisions
written by the City and Governing Standards and Specifications indicated on Sheet 1 of the
Construction Plans and attached hereto.
The Plans and Specifications, along with all other documents that make up and constitute the
Contract, shall be foJJowed in strict accordance as to work, material, and dimensions except when
the Engineer may authorize, in writing, an exception.
Dimensions given in figures are to hold preference over scaled measurements from the drawings;
However, the Engineer shall decide upon aJJ discrepancies and the Contractor shaJJ not proceed
when in doubt as to any dimension or measurement.
The Contractor shaJJ be furnished four (4) copies, free of charge, of the Plans and Specifications;
two (2) of which shall be preserved and always kept accessible to the Engineer and Contractor's
authorized representatives. Additional copies of the Plans and Specifications may be obtained
from the City at the cost of reproduction.
3. Intention:
It is intended that these Contract Documents and the accompanying Plans and Specifications
which make up and constitute the Contract shaJJ cover all aspects of the work with explicit
provisions, and it is understood that the Contractor has, by personal examination and inquiry if
necessary, satisfied himself as to the local conditions and as to the meaning, requirements and
reservations of the Plans and Specifications; for after the letting, no deviation wiJJ be allowed
from the Engineer's interpretation of the Plans and Specifications and the Contract.
In case errors or omissions are discovered, they are to be corrected or supplied by the Contractor
without extra cost to the City according to the apparent intention of the designing engineer. Work
or materials strictly extra are hereinafter provided for.
4. Notice and Service Thereof:
Al1 notices given by the City under the provisions of this Contract shal1 be in writing and may be
served in any of the foJJowing manners:
a. By delivery of such notice to the Contractor or to any officer of the Contractor if said
Contractor be a corporation, or to any agent or superintendent of the Contractor.
b. By mailing such notice by Certified mail to the address of the Contractor shovm on the
Contractor's Proposal for bid.
5. Datum:
General Specifications Oct. 2007
Page 3 of 15
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All elevations are referred to U.S. Coast and Geodetic Survey Datum, unless otherwise noted on
the Plans.
6. Base Lines and Bench Marks:
The Engineer will be the only person in charge of establishing Base Lines and Bench Marks
(BM's). The Contractor shall layout his work from these engineering control points and shall be
responsible for all measurements in connection with the construction, subject to check and
correction by the Engineer. The Contractor shall furnish all labor and material, at his expense,
necessary to facilitate engineering control of the work.
7. Pavment of Test bv Citv:
Except when otherwise specified in the Special Provisions, the expense of all tests requested by
the Engineer will be borne by the City. Procedure for making tests required by the Engineer will
be in conformance with the Florida Department of Transportation Specifications for the particular
material involved. Tests rendering unsatisfactory reports shall be cause for rejection. The cost for
all retesting shall be deducted from the final payment made to the Contractor.
8. Engineer:
The supervision of the execution of this Contract is vested wholly in the Engineer, and the orders
of the City Manager are to be given through him. The instructions of the Engineer are to be
strictly and promptly followed in every case. The Contractor may designate a foreman or other
representative to receive such instructions in his absence, and failing to do so, he will be held
responsible for the execution of any instructions it may be necessary to give in his absence.
The Engineer is to have free access to the materials and the work at all times for laying out,
measuring, inspecting or directing the same, and the Contractor is to afford him all necessary
facilities and assistance for so doing. The Engineer's stakes, grades or lines are to be preserved
by the Contractor, or reset at the Contractor's expense.
To prevent all disputes and litigations, it is agreed by the parties hereto that the Engineer shall
decide all questions, difficulties and disputes of whatever nature which may arise relative to the
interpretation of the Plans, construction, prosecution and fulfillment of this Contract, and as to the
character, quality, amount and value of any work done and materials furnished under or by reason
of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be
final and conclusive upon the parties thereto.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions
of these General Specifications without the written permission or instruction of the Engineer, or
to delay the Contract by failure to inspect the materials and work with reasonable promptness.
The payment of any compensation, whatever may be its character or form, or the giving of any
gratuity, or the granting of any valuable favor by the Contractor to any Inspector. directly or
indirectly, is strictly prohibited and any such act on the part of the Contractor wi]] constitute a
violation of this Contract.
The Engineer will appoint such inspectors as are necessary to pass upon the amount, quality and
character of the materials to be supplied or to supervise the execution of the work contemplated
under this Contract. The duties and functions of such officials are purely supervisory and their
General Specifications Oct. 2007
Page 4 of 15
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decisions are to be binding only in the absence of the Engineer, and shall be subject to his review,
when in the judgment of the inspectors the work or materials are not in accordance with the
Specifications, they shall have the power to stop the work, which shall not be resumed until the
Engineer has rendered his decision upon the matter in dispute.
9. Quantities:
The right is reserved to change the Plans and Specifications consistently with the general intention
of the Contract for any part of the work or materials, either before or after constructions has
begun. Notice of such changes shall be given in writing to the Contractor; such changes are not to
be grounds for any claim by the Contractor for damages, nor for the forfeiture of the Contract.
10. Supervision and Inspection:
The structures herein considered are to be constructed for the City by the Contractor in
accordance with the Specifications and accompanying Plans. The Engineer may give instructions
or directions to supplement the Plans and Specifications. These shall be binding upon the
Contractor and upon all his subcontractors, employees and agents of every kind. The Contractor
shall not retain in connection with the work any employee, agent or subcontractor whose presence
shall be deemed prejudicial to the work. Where words "Directions of', "Approval of', and
similar phrases occur in these Specifications, such directions and approvals are understood to be
functions of the Engineer and his representatives.
The Contractor's procedure and methods of construction may be of his own selection provided
they secure results, which satisfy the requirements of the Plans and Specifications. Permission by
the Engineer to use any particular device or method of construction shall not relieve the
Contractor from full responsibility for any failure, which may arise therefrom.
All materials and every process and operation of manufacture, construction, and erection shaH be
subject to inspection at all times, and the Engineers and their representatives shall have free
access to all parts of the work of construction and erection. Every facility desired for inspecting
the workmanship and testing the qualities of material shall be furnished by the Contractor. and the
City shall have the right to take suitable samples of all materials for testing or examination.
Except when otherwise specified herein, the City, at the City's expense, shall make all required
tests. Rejected materials shall be removed promptly from the vicinity of the work: and
workmanship and processes deemed to be faulty should be corrected immediately upon request.
The Contractor shall remove, reconstruct, replace and make good, as may be directed, without
charge, any defective work. Oversight or error or judgn1ent of inspectors, or previous acceptance,
shall not relieve the Contractor from the obligation to make good defects whenever discovered.
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
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 is discovered or obligate the City to
final acceptance.
General Specifications Oct. 2007
Page 5 of 15
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All materials. processes and workmanship other than cement, treated lumber and metal work and
its manufacture, will be inspected at the site of the structure. If the Contractor desires that any of
them be inspected elsewhere, the Engineer will inspect them at the place designated by the
Contractor, but all expenses, including a reasonable per diem to the Engineer, incurred in making
such inspection shall be borne by the Contractor, and shall be paid monthly or shall be deducted
from the monthly estimates by the City and paid to the City. An Inspection Bureau designated by
the Engineer shall do treated lumber testing at the mills. When the structure is ready for final
inspection, the Contractor shall so notify the Engineer in writing. After defects or omissions noted
during such final inspection are made good, the work will be accepted and final estimate
rendered.
It is expressly understood that the Contractor is in all respects an independent contractor for this
work, notwithstanding under certain conditions he is bound to follow the directions of the
Engineer, and is in no respect an agent, servant. or employee of the City.
11. Materials and Workmanship:
The Contractor shall provide the services of all workmen, mechanics, tradesmen and other
employees trained and skilled in their various occupations; and all materials except such as may
be specifically excluded in the drawings or specifications; and shall construct completely ready
for its intended purpose, the structure or parts thereof covered by the Contract, and the Plans and
Specifications. These Plans and Specifications intend to provide for the structure or parts thereon
under consideration to be fully completed and suitable in every feature for the purpose designed,
and the Contractor shall supply all materials and work incidental to, or described or implied as
incidental to, the construction included under this Contract, notwithstanding any omission in the
drawings or specifications. Wherever not explicitly described, materials and workmanship of
every kind shall be first class. The Contractor shall perform his work in proper sequence to the
work of other Contractors and to acts or operations of the City, and shall properly join his work to
existing or new construction.
12. Contract Securitv:
The Contractor agrees to execute and deliver simultaneously with the executed Contract. a
Contractor's Performance and Payment Bond on bond forms accepted by the City. The Bond(s),
in the amount of One Hundred Percent (100%) of the Contract amount may be in the form of a
Surety Bond written through a local surety bond agency, rated as to Management and Strength as
set forth on Section 100, Article 15 and the following Paragraphs:
On bond amounts of 500,000 or less, the provisions of Section 287.0935, Florida Statutes (2004,
as amended) shall be in effect and surety companies not otherwise qualifying with this paragraph
may optionally qualify by:
1. Providing evidence that the surety has twice the minimum surplus and capital required by
the Florida Insurance Code at the time the invitation to bid is issued,
2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code,
and
3. Providing a copy of the currently valid Certificate of Authority issued by the United
States Department of the Treasury under ss. 3 1 U.S.c. 9304-9308.
General Specifications Oct. 2007
Page 6 of 15
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b. Surety insurers shal1 be listed in the latest Circular 570 of the U.S. Department of the Treasury
entitled "Surety Companies Acceptable on Federal Bonds", published annual1y. The bond amount
shaJ1 not exceed the underwriting hmitations as shown in this circular.
c. The attorney-in-fact or other officer who signs a Contract Bond for a surety company must file
with such bond a certified copy of his power of attorney authorizing him to do so. The surety's
resident Florida Agent must countersign the Contract bond.
The Contractor may in lieu of a surety bond, submit a cash bond, conditioned upon the faithful
performance of the work in strict accordance with this Contract and with the Plans and
Specifications and the completion of the same free from al1 liens and within the time limit herein
specified. The said Bond shal1 be so worded as to make the Contract a part thereof and shal1
contain a clause providing the right of suit or action for whose benefit said bond shal1 be executed
as disclosed by the text of said Bond and Contract to the same extent as if he or they were the
obligee or obligee therein specifical1y mentioned, and al1 such persons shal1 be held or deemed to
be obligee thereof.
Section 255.05, Florida Statutes, as amended, provide for the fol1owing conditions to be made in
all Performance and Payment Bonds relating to public projects.
"A claimant, except a laborer, who is not in privity with the Principal and who has not received
payment for his 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 the Principal with a
notice that he intends to look to the bond for protection.
A claimant who is not in privity with the Principal and who has not received payment for his
labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after
cornplete delivery of the nlaterials or supplies, deliver to the Principal and to the Surety vvTltten
notice of the performance of the labor or delivery of the materials or supplies and of the non-
payment.
A no action for the labor, materials, or supplies may be instituted against the Principal or the
Surety unless both notices have been given. No action shal1 be instituted against the Principal or
the Surety on the bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies".
13. Plant and Prol!ram of Construction:
The Contractor shal1 supply al1 plant, tools, and equipment of every kind, ample in quantity and
capacity, in good working order and suitable in character to carry on the work of his Contract
according to the approved program.
Precaution shal1 be exercised at al1 times for the protection of persons and property. The safety
provisions of the Occupational Safety and Health Act of 1970 (Public Law 91-596) and other
applicable laws, building and construction codes shall be observed. Machinery, equipment and
other hazards shal1 be guarded in accordance with the safety provisions of the "Manual of
Accident Prevention in Construction", published by the Associated General Contractors of
America, to the extent that such provisions are not in contravention of applicable law.
General Specifications Oct. 2007
Page 7 of l5
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14. Force Account \Vork:
All extra work done on a "Force Account" basis shal1 be performed by such labor, tools and
equipment as may be specified by the Engineer and wil1 be paid for in the following manner:
a. For al1 labor and foremen in direct charge of the specified operations, the Contractor shall
receive the current local rate of wages for each and every hour that said labor and
foremen are actually engaged in such work, to which shall be added an amount equal to
twenty five percent (25%) of the sum thereof which shall be considered as full
compensation for general supervision and the furnishing and repairing of small tools and
ordinary equipment used on the Contract, such as picks, hand shovels, plows, scrapers,
road graders, etc.
b. For all materials used, the Contractor shall receive the actual cost of such materials,
delivered at the site, as shown by original receipted bills, but no percentage shal1 be
allowed on it. The City retains the right to audit all work performed on a force account
basis for a period of one (1) year after acceptance of the work by the City.
c. For any special equipment or machinery, such as power driven rol1ers, tractors, trucks,
shovels, dril1s, concrete mixers, pumps and hoists, required for the economical
performance of the work, the Engineer shal1 al10w the Contractor a reasonable rental
price for each and every hour that said special equipment is in use on the work, to which
sum no percentage shal1 be added.
The Compensation, as herein provided, shal1 be received by the Contractor as payment in full for
extra work done on a "Force Account" basis.
The Contractor's representative and the Inspector shall prepare records of extra work done on a
"Force Account" basis at the end of each day. Copies of these records shall be made in duplicate
upon forms provided for this purpose by the Inspector and signed by both the Inspector and the
Contractor's representative; one copy being forwarded, respectively, to the Engineer or his
authorized representative and to the Contractor.
Al1 claims for extra work done on a "Force Account" basis shal1 be submitted, as hereinbefore
provided, by the Contractor upon certified statement, to which shall be attached original receipted
bil1s covering the cost of and the freight charges, and hauling on all materials used in such work,
and said statements shall be submitted to the Engineer on the current estimate of the month in
which the work was actual1y done.
15. Hurricane or Disaster Services:
The Contractor, by accepting the award of this Contract, recognizes and agrees that should a
hurricane or other severe and catastrophic natural disaster affect the Miami Dade County area
during the performance of the work the Contractor shal1 provide services contracted for, during
the Contract period, at the unit prices bid to the City, at the same or different locations from those
covered by this contract. For emergency services and conditions not addressed by this Contract,
the Contractor agrees to negotiate reasonable prices and terms with the City for any disaster relief
work required by the City. In all mstances, the Contractor agrees to negotiate reasonable time
extensions for performance of disaster relief work.
General Specifications Oct. 2007
Page 8 of l5
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16. Le2al Restrictions, Permits and Traffic Provisions:
The Contractor shall procure, at his own expense, all necessary licenses and permits and shall
give due and adequate notices to those in control of all properties, which may be affected by his
operations. The Contractor shall conform to all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and his general operations.
The Contractor shall so conduct his operations that he shall not close any thoroughfare nor
interfere in any way with traffic on railway, highways, or on water, without the written consent of
the proper authorities.
17. Royalties on Patents
All fees or royalties for any patented articles or operations of construction used in this structure or
any part thereof of any materials, tools, implements, machinery, fixtures or anything used by the
Contractor, shall as indicated in Section 700, paragraph 6.07.
18. Liabilities, Dama2es and Accidents:
The Contractor 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, construction supervision
representatives 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 Contractor or its employees, agents, servants, partners,
principals or subcontractors.
The Contractor 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 issue thereon.
The Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The Contractor shall store materials and shall be responsible for and shall maintain partly or
wholly finished work during the continuance of the Contract and until the final acceptance of the
structure. If any materials or part of the work are lost, damaged, or destroyed by any cause or
means whatsoever, the Contractor shall satisfactorily repair and replace the same at his own cost.
The Contractor shall maintain suitable and sufficient guards and barriers, and at night, suitable
and sufficient light for the prevention of accidents.
19. Assi2nment of Contract:
Neither the Contract, nor any part thereof, nor any monies due or to become due thereunder, may
be assigned by the Contractor without the prior written approval of the City.
General Specifications Oct. 2007
Page 9 of 15
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20. Insurance:
Prior to execution of the Contract by the City and commencement of work, the Contractor must
obtain aJJ insurance required under this paragraph and submit it to the City for approval. AJJ
insurance shaJJ be maintained until work has been completed and accepted by the City.
The Contractor shaJJ furnish to the City of Sunny Isles Beach:
1. Original Certificate(s) of Insurance which clearly indicate that he has obtained the
insurance coverage required in paragraphs a, b, c and d.
2. Original Policies, which indicate the coverage required in paragraphs e and f.
Both certificates and policies wiJJ all indicate no modification or change in insurance shall be
made without thirty (30) days written advance notice to the City of Sunny Isles Beach, c/o the
City Manager.
a. Worker's Compensation Insurance as required by Chapter 440, Florida Statutes.
b. Public Liability Insurance on a Comprehensive basis, in an amount not less than 5)
1,000,000.00 per occurrence for Bodily Injury and Property Damage combined.
c. Contractual Liability Insurance - covering all liability arising out of the terms of the
Contract Documents.
d. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with the work, in an amount not less than $500,000 per occurrence for
Bodily Injury and Property Damage combined.
e. Owner's Protective Liability Insurance - issued in the name of the City as sole insured, in
amounts as indicated in (b) above. This policy must be endorsed to indicate that any
premium, whether deposit or final, will be the sole obligation of the Contractor.
f. When so required in the Special Provisions, the Contractor shaJJ obtain Completed Value
Builders' Risk Insurance - on an "All Risk" basis in an amount not less than one hundred
(100%) percent of the insurable value of the building(s) or structure(s). The policy shaJJ
be in the name of the City of Sunny Isles Beach, and the Contractor, as their interests
may appear.
The Public Liability Insurance coverage as required in paragraph (b) above shall include those
classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the
operations of the Contractor in the performance of this Contract.
All insurance policies required above shall be issued in companies authorized to do business
under the laws of the State of Florida, with the foJJowing qualifications as to management and
financial strength:
The company must be rated no less than "B" as to management and no less than Class "V" as to
financial strength, by the latest (J 986 or later) edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick New Jersey, or its equivalent. subject to the approval of the City
Risk Management Division.
General Specifications Oct. 2007
Page lO of 15
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Note: See Special Provisions for any modifications to these insurance requirements.
21. 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 cause it to 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 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.
If the Contractor, within a period of ten (10) days after such notice, shall not proceed in
accordance therewith, then the party of the first part 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 his opinion shall be required for completion of said contract in an acceptable
manner.
All costs and charges incurred by the City, together with the cost of completing the work under
Contract, shall be deducted from any monies due or which may become due said Contractor. In
case the expense so incurred by the City shall be less than the sum which would have been
payable under the Contract, if it had been completed by said Contractor, then the said Contractor
shall be entitled to receive the difference. In case such 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 party of the first part the amount of said excess. If a Cash Bond was furnished in lieu of
a Surety Bond, the Contractor shall be solely liable and all reference herein to joint liability
between the Contractor and the Surety shall be deleted and all expenses incurred by the City
under the conditions stipulated in this Article shall be recovered from the Contractor by enforcing
the provisions of the Cash Bond.
22. Notice to Proceed:
For Contracts wherein a specified number of days for completion is stated in the Bid Form, the
effective date of the "Notice to Proceed with Contract Work" will be established during the
Pre-Construction Conference which is held shortly after the A ward of Contract and which is
attended by members of the Public Works Department, the Contractor, representatives of utility
compames, and others affected by the work. The effective date shall be set as a date not later than
ten (l 0) calendar days after the date of execution of the Contract Documents, unless a later date
acceptable to both parties is agreed upon.
23. Commencement. Delavs and Completion of Work:
After complete and final execution of the Contract, and after reconciliation of any details or
conditions, which may directly or mdirectly interfere or conflict with work of the Contract, the
General Speclfications Oct. 2007
Page II of l5
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Engineer will issue a "Notice to Proceed with Contract Work" to the Contractor. The effective
date on which work of the Contract is officially authorized to commence will be established and
stated in said Notice and the Contractor shall commence work on said date.
If the Contractor should be delayed in the progress of the work included in the Contract by
unforeseeable causes beyond his control, the City Manager may extend the time for completion of
the work upon recommendation of the Engineer and approval.
Requests for extension of time must be submitted in writing to the Engineer within ten (10) days
from the beginning of such delay. Extensions of time cannot legally be approved unless the
written request is submitted in time to permit it to be acted upon before the Contract expiration
date. To allow sufficient time for administrative procedures required to obtain action by the City
Manager, the Engineer must receive a request for time extension at least sixty (60) calendar days
prior to Contract expiration date.
Liquidated damages resulting from factors beyond the control of the Contractor, which occur too
late to allow the City Manager may waive time for action by the City Manager approving a time
extension. Such waiver may be granted only when the Engineer determines that the delay is
beyond the control of the Contractor, and in this event the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in the completion of the work is due:
a. To any order duly issued by the City changing the Contractor's approved work schedule:
b. To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of
the City, acts of another Contractor in the performance of a Contract with the City, fires.
floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather;
and
c. To any delays of subcontractors or suppliers occasioned by any of the cause specified in
subparagraphs (a) and (b) above.
Provided further that the Contractor shall, within ten (10) days from the beginning of such delay,
notify the Engineer, in writing, of the causes of the delay, the Engineer shall ascertain the facts
and extent of the delay and notify the Contractor within a reasonable time of his decision in the
matter. The Contractor shall assume all risks resulting from delays except that should the City,
by act or omission, cause delays which result in actual loss to the Contractor, reimbursement
thereof will be adjusted and a]]owed by the City only after being notified in writing by the
Contractor at the time of the delay and after being given an opportunity to verify such money
losses as they occur.
No payment or adjustment wi]] be a]]owed the Contractor as reimbursement for any other delays
whatsoever, regardless of by what or by whom caused, even though by other Contractors on the
same work, or by times, seasons, or weather; other than amounts provided in the Contract for
payment which shall be understood to include and cover a]] risks due to delays except as stated in
the foregoing.
If the Contractor fails to complete the work within the time limit, and if the City should
nevertheless permit the Contractor to continue and complete the same without official extension
of time in writing, such permission shall not modify nor waive any liability of the Contractor for
General Specifications Oct. 2007
Page l2 of l5
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damages arising from non-completion of work within the time limit, but all such liabilities shall
be subject to continuation in full force against the Contractor.
24. Materials and Supplies:
It is understood and agreed by and between the parties hereto that the materials to be used in any
work performed under this Contract and specifications, with the exception of structural metal
work, machinery and treated lumber, shall be purchased to the extent possible from or through
merchants located within the City of Sunny Isles Beach, Florida.
25. "Or EQual" Clause:
Whenever a material, article or piece of equipment is identified on the Plans or in the
Specifications by reference to manufacturers or vendors names, trade names, catalog numbers, or
otherwise, it is intended merely to establish a standard; and, 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 material, article, or equipment so
proposed, is, in the opinion of the Engineer, equal in substance, quality and function. It shall not
be purchased or installed by the Contractor without the Engineer's prior written approval.
26. Plans and Workin2. Drawin2.s:
Certain plans supplied by the City accompany and supplement these Contract Documents. The
City through its Engineer shall have the right to modify the details of these plans, to supplement
these plans with additional plans or with additional information as the work proceeds, all of
which shall be considered as plans accompanying these Specifications herein generally referred to
as the "Plans". In case of disagreement between the Plans and Specifications, the Specifications
shall govern.
The Contractor shall prepare whatever detailed working drawings are necessary to enable him to
fabricate, erect and construct all parts of the work in conformity with the Plans and Specifications.
Working drawings shall include shop drawings and erection diagrams for structural steel.
Working drawings shall be submitted to the Engineer in quintuplicate; two sets will be returned to
the Contractor approved or showing the changes or corrections required; if changes or corrections
are required, five copies shall be resubmitted until they are approved.
The Contractor shall report any errors or discrepancies found in the drawings to the Engineer,
who will make or approve necessary corrections. The City shall not be responsible for errors or
minor discrepancies of the Contractor's drawings, even though approved, or for minor errors or
minor discrepancies of the Engineer's drawings.
Payment for working drawings, revisions thereof, and for copies furnished, shall be included in
the amounts bid for materials or Work. The Contractor shall furnish as many sets of paper
blueprint copies for working drawings as the City and the Engineer may need for the Work. The
Contractor should allow a minimum of fourteen (14) calendar days for the City's approval of shop
drawings.
27. Explosives:
No explosives or blasting shall be used or done in the project.
General Specifications Oct. 2007
Page l3 of 15
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28. Subcontractors:
The Contractor is as fully responsible to the City for the acts and omissions of his subcontractors
and of persons either directly or indirectly employed by said subcontractor, as he is for the acts
and omissions of persons directly employed by him. Nothing contained in the Contract
Documents shall create any contractual relations between any subcontractor and the City.
29. Final Cleanin2,-Up
Upon completion of the work specified herein and before acceptance and final payment shall be
made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded
materials and temporary structures. All disposal of materials, rubbish and debris shall be made at
a legal disposal site or by other prior approved manner. Material cleared from the site and
deposited on adjacent or nearby property will not be considered as having been disposed of
satisfactorily.
30. Non-Discrimination in Emplovment:
In accordance with this Proposal, the Contractor agrees to make no discrimination because of
race, color, creed or national origin with respect to employment or personnel on this project. and
that all persons having the experience and skill necessary to perform the Work shall be afforded
equal opportunity of employment for the Work to be performed at the site of this Project.
31. Conflict ofInterest Ordinance:
The Contractor agrees to abide and be governed by Miami-Dade County Ordinance No. 72-82
(Conflict of Interest Ordinance), as amended, and the provisions of Section 62-l6, Code of the
City of Sunny Isles Beach, which is incorporated herein by reference as if fully set forth herein, in
connection with its Contract obligations hereunder.
32. Independent Private-Sector Inspector General (IPSIG):
The City shall have the right but not the obligation to retain the servIces of an independent
private-sector inspector general (IPSIG) who may be engaged to audit, investigate, monitor,
oversee, inspect and review the operations, activities and performance of the Contractor and City
in connection with this Contract. The scope of services performed by an IPSIG may include, but
are not limited to, monitoring and investigating compliance with Contract Specifications; project
costs; and investigating and preventing corruption and fraud.
The IPSIG may perform its services at all levels of the contracting and procurement process
including but not limited to project design, establishment of bid specifications, bid submittals,
activities of the Contractor, its officers, agents and employees, lobbyists, city staff and elected
officials.
Upon (10) ten days written notice to the Contractor from an IPSIG, the Contractor shall make all
requested records and documents available to the IPSIG for inspection and copying. The IPSIG
shall have the right to examine all documents and records in the Contractor's possession, custody
or control which in the IPSIG's sole judgment pertain to performance of the Contract, including
but not limited to original estimate files, bid and change order estimates, worksheets, proposals
and agreements from and with successful and unsuccessful subcontractors and suppliers, all
project-related correspondence, memoranda, mstructions, financial documents, construction
General Specifications Oct. 2007
Page 140f15
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documents, bid and contract documents, back-charge documents, aU documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received. payroU and personnel records, and supporting documentation for the aforesaid
documents and records.
The provisions in this paragraph shaU apply to the Contractor, its officers, agents and employees.
The Contractor shaU incorporate the provisions in this paragraph in aU subcontracts and aU other
agreements executed by Contractor in connection with the performance of the Contract.
Nothing in this Contract shall impair any independent right of the City to conduct audit or
investigative activities. The provisions of this paragraph are neither intended nor shall the
Contractor or third parties construe them to impose any liability on the City.
END OF DOCUMENT
General Specifications Oct. 2007
Page 15 of l5
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DIVISION II
SPECIAL PROVISIONS
1.
General:
The applicable portions of the 2004 Edition of the FLORIDA DEPARTMENT OF
TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
CONSTRUCTION and its supplements as amended by the General Specifications and the following
Special Provisions, and the, the applicable portions of the SOUTH FLORIDA BUILDING CODE and
the PUBLIC WORKS MANUAL OF MIAMI-DADE COUNTY Part 1 and II, shall apply to this
project. All are hereby made a part ofthis Contract.
Unless otherwise noted, all page references in the Special Provisions refer to the FLORIDA
DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS FOR ROAD AND
BRIDGE CONSTRUCTlON, 2004 edition.
2.
Location of Work:
The location where the work is to be performed shall be in the City of Sunny Isles Beach, Central
Island neighborhood, between Collins Avenue (SR AlA) and the Intracoastal Waterway and NE
1 74th Street and NE l82nd Street (non-included). The exact location and limits of construction are
shown in the Plans accompanying these Contract Documents.
3.
Scope of Work:
The project consists of construction of the storm sewer system throughout the Central Island
neighborhood as indicated on the construction plans; sub-surface drainage; drainage wells (deep
wells), pavement milling and resurfacing; pavement overbuilt and resurfacing; street widening,
pavement markings and signing; tree relocation and misceiianeous tasks to complete the work.
4.
Plans:
The plans accompanying these Contract Documents are entitled: "CENTRAL ISLAND DRAINAGE
AND STREET IMPROVEMENTS" prepared for, THE CITY OF SUNNY ISLES BEACH, October,
2007
5.
Limitation of Operations:
Section 8-4.1 - Night Work: Add the following to this sub article:
No work shall be done at all on Saturday, Sunday and designated holidays or any day between the
hours of 5 :00 p.m. and 8 :00 a.m., except such work as is necessary for the proper care and protection
of the work already performed, or, except that permission to do such work may be secured from the
Engineer.
6.
Project Si2n:
The Contractor shall construct three (3) "PROJECT SIGNS" (4' x 8' in size) in accordance with a
sketch to be provided by the City. The signs shall be constructed of l/2-inch Marine Plywood,
framed. with supports to be anchored to the ground, newly painted and lettered according to the
sketch.
Oct. 2007, Special Provisions
Page 1 of I 5
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The signs shall be painted and lettered in accordance with professional outdoor si!:,'11 painting
standards as to layout. symmetry, proportion, clarity, neatness and use ofweather-resistant colors and
materials.
The Contractor shall place the signs, securely braced and mounted, as directed by the Engineer. All
materials shall be provided by the Contractor and the signs shaJJ remain the property of the
Contractor at the completion of the Contract: No work shall commence until the Project Si!:,'11s are
secured in Place. Project signs will be paid under Item No.1 02-61.
7.
Permits and Licenses:
Section 7-2.1 - General: This sub-article is amended to include the following:
Permits which are issued by the City of Sunny Isles Beach, and Dade County Department of
Environmental Resource Management for construction within the public right-of-way, as well as
additional permits, which may be required by other agencies, including those required for tree
removal, will be the responsibility of the Contractor.
The Contractor is encouraged to read cautiously the specific conditions of the permits in order to
comply fully with their requirements. Any expenditure caused by these specific conditions and not
covered in the Bid Form shall be included in the Bid Price of this project.
Additional permits, which may be required by other municipalities, F.D.O.T. or agencies, including
those requiring pollution control appurtenances, tree removal and/or tree relocation, water lines,
among others will be the responsibility of the Contractor. The actual amount paid for the permits will
be reimbursed to the Contractor out of the Contingency Allowance. Original receipts must be
presented to the Engineer.
8.
Field Office:
The Contractor wiii provide at his expense, an air conditioned field office for the use of the Engineer,
of not less that three hundred (300) square feet area. The office shall have a lockable door with two
(2) keys furnished to the Engineer and a least two (2) operable windows of a minimum total area of
twelve (12) square feet. The office shall be equipped with electric lighting and at least four (4) dual
110 volt receptacles. New furnishing to be supplied by the Contractor shall include: Two (2) desks
with two (2) chairs each, One (1) lockable steel vertical filing cabinet (4 drawer-legal size), One (1)
table having a surface area of3 X 5 feet, with six (6) chairs; a metallocker (anchored to the floor) of
a size suitable for storing field testing and surveying equipment. A telephone shall also be provided
for the convenience of the Engineer. Cost of electricity and telephone services shall be the
responsibility of the contractor during the entire construction period.
This office and its equipment, in particular the telephone, shall not be used by the Contractor.
No work shall commence until the Field Office is completely set up and the electricity, telephone and
air conditioning (or heat) are functioning, unless authorized by the Engineer.
9.
Site Investi2ation:
Section 2-4 - EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND
SITE OF WORK: This article is expanded to include the following:
The Contractor, by virtue of signing the Contract, acknowledges that he and all his subcontractors
have satisfied themselves as to the nature and location of the work, the general and local conditions
Oct. 2007, Special Provisions
Page 2 of 15
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10.
including, but not restricted to those bearing upon transportation and traffic maintenance; disposal.
handling and storage of materials; access roads to the site; the conformation and conditions of the
work area: and the character of equipment and facilities needed preliminary to and during the
performance of the work.
Failure on the part ofthe Contractor to completely or properly evaluate any factors of costs prior to
bidding sha]] not form a basis for additional compensation if he is awarded the Contract.
Performance of Work:
Section 5-8.2 - CONTRACTOR'S SUPERINTENDENT: This sub article is expanded to include the
fo]]owing:
The Contractor wi]] furnish a qualified superintendent who wi]] be present at a]] times during the
course of the work, and sha]] be authorized to act for the Contractor. The Contractor shall keep on the
job sufficient personnel, and equipment to meet the requirements of the work.
The plant and equipment sha]] be kept in a satisfactory operating condition and capable of safely and
efficiently performing the work as set forth in the Plans and Specifications. The equipment and aJ1
operations shall be subject to inspection by the Engineer at all times. The Contractor shaJ1 submit for
approval by the Engineer a description of the type of materials and equipment to be used; and the
method of procedure to be used in the performance of the work.
11.
Restoration of Propertv:
Section 7-1 1 .1- PRESER V A TION OF PROPERTY: This sub article is expanded to include:
Property public or private if damaged during construction or removed for the convenience of the
work, shaJ1 be repaired or replaced at the expense of the Contractor in a manner acceptable to the
Engineer, prior to the final acceptance of the work. Such facilities shaJ1 include, but are not limited
to: signalization equipment and misceJ1aneous hardware removed from the construction site,
driveways, waJ1s, fences, footings or underground utilities. This section also includes the reposition
of damage to streets beyond the normal trench excavation, pavement milling and utility relocation
(when applicable). Reposition of pavement at trench excavation shall be included in storm sewer
construction unit price.
Note: AJ1 street name signs and mail boxes shall remain in place during the period of construction
except those that are required to be relocated due to interference with the actual construction. A]]
signs or mail boxes that are relocated or damaged by the Contractor during the course of the work
shal1 be re-instaJ1ed or replaced at the proper location, as soon as possible at the Contractor's cost.
Prior to the removal of any traffic control signs that interfere with the construction, the Contractor
shal1 provide temporary signing or other provisions to assure a continuous flow of traffic under at
least the same conditions as previously existed. AJ1 signs that are found to be unserviceable shal1 be
reported to the City of Sunny Isles Beach Director of Public Works.
12.
Utilities:
Section 7-11.6 UTILITIES: This sub-article is expanded to include:
Oct. 2007, Special Provisions
Page 3 of 15
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13.
The Contractor shall make all necessary arrangements with the utility companies concerned for
maintenance of their lines during the construction period. In the event that a complete relocation of
utilities is required, but has not been accomplished prior to the effective date of the "Notice to
Proceed", the Contractor, nevertheless shall commence work under this Contract, and shall schedule
his work to avoid interference with the utility relocation work.
The City of Sunny Isles Beach will not be liable for any delay or added expense the Contractor
experiences due to the activities of utility companies, nor shall the City be held responsible for any
damages to any utilities due to any actions by the Contractor.
Note: The Contractor shall contact the Underground Utilities Notification Center (1-800-432-4770)
and the Underground Notification for Florida Power and Light Company (789-2020) at least forty-
eight (48) hours prior to commencing any trenching or excavation on this Project. These telephone
numbers are for reference only, it is the contractor's responsibility to verify them and make the
necessary contacts with the utility companies prior to commencing his work
.
Communitv Small Business Enterprises (CSBE)
A two percent (2.0%) Community Small Business Enterprises (CSBE) Subcontractor Goal has been
established for this project. Compliance with this CSBE percentage is required for aJJ contractors
submitting a bid for this project. See "Supplemental General Conditions" which are bound herein and
are made part of the Specifications and Contract Documents. In order to allow time for the CSBE
Subcontractor participation presentation and the review of said presentation, no Contractor may
withdraw his bid for a period of up to three hundred (300) calendar days after the bid opening.
Disregard anything to the contrary within these Contract Documents.
14.
Pre-Bid Conference:
A Mandatory Pre-Bid Conference will be held as follows:
TIME:
10:00 a.m.
DATE:
PLACE:
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Telephone (305) 947-0606
The Pre-Bid conference is being held primarily to answer any questions regarding this Project and is
Mandatory to attend. Bidders that chose not to attend this Mandatory Pre-Bid Conference will be
automatically disqualified.
15.
Pre-Construction Conference:
Section 8-3.5 - PRE-CONSTRUCTION CONFERENCE: This Sub article is expanded to include:
After the A ward of Contract and prior to the issuance of the "Notice to Proceed", a Pre-Construction
Conference will be held with the Contractor, members of the City"s Public Works Department and
other Agencies, representatives of Utility Companies, and other contractors affected by the work. The
time and place of this conference will be set by City Manager.
Oct. 2007" Special Provisions
Page 4 of l5
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At the Pre-Construction Conference, the Contractor must provide: Two coples of a detailed
construction schedule program showing the proposed starting and completion dates for each work
phase or bid item. The work classification should be sub-divided to the extent necessary to provide
adequate detail and shall also include such items as mobilization, field office setup, shop drawing
review, and equipment and materials delivery, etc.
16.
Award of Contract and Time for Completion:
The Contract A ward shall be to the qualified bidder submitting the lowest bid, whose proposal
complies with all the requirements necessary to render it formal.
All work under the terms of this Contract shall be completed within THREE HUNDRED SIXTY
FIVE (365) calendar days from the effective date ofthe Notice to Proceed.
17.
Test Results:
The City assumes no responsibility for the accuracy of the test results as shown in the Plans and
Specifications. They are included only as a general indication of the materials likely to be found
adjacent to the holes bored at the site of the proposed Work. The Contractor shall examine this date
and make his own interpretation of the subsoil investigation and other preliminary data, and he shall
base his bid on his opinion of the conditions likely to be encountered.
The bidder's submission of his proposal shall be considered "prima facie" evidence that he has made
his examination as described in Section 2, Article 4 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction.
18.
As-Built Drawings:
Tnree (3) sets of con1plete '"As-Built Dra\vings" giving information relative to location and depth of
pipes, manholes, etc., shall be accurately recorded by the Contractor and submitted to the engineer
prior to final acceptance of the work. All elevations shall be taken by a Florida Registered Surveyor
and shown on the record drawings.
19.
Maintenance of Traffic (Section 102)
Section l02-1.1 - DESCRIPTION: This sub article is amended to include:
And the applicable portions of the Metropolitan Miami Dade County Public Works Manual, Part 1,
Standard Details, as pertain to the maintenance of traffic, are part of these Contract Documents.
Traffic control notes and details pertaining to the Maintenance of Traffic (Traffic Control) are
included in the Plans for this Project.
No work shall commence on this Project or any portion thereof without implementation of the
Maintenance of Traffic Plan. Excavated or other material stored adjacent to, or partially upon a
roadway pavement, shall be adequately marked for traffic safety at all times.
The Contractor shall provide the necessary access to all adjacent property during construction.
Special attention is called to the provisions contained in sub-article 102-5.5, "Access for Residences
and Business".
The Contractor shall also provide access at all times to South Florida Water Management District
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(SFWMD) areas. during all phases of construction.
Special attention shall be given for safely directing the flow of pedestrian and vehicular traffic. At the
discretion of the Engineer, the City may require the Contractor to call for and hire off-duty police
officers for directing the traffic and maintaining safety if in any way his operations will curtail the use
of the streets, roads and work areas specified herein.
For bidding purposes, the Lump Sum (LS/DA) item 102-1, Maintenance of Traffic as indicated in the
Bid Form of the Proposal, shall be for the provisions and Maintenance of Traffic Devises during the
entire length ofthe project. All devises needed for maintenance of traffic as directed by the Engineer
shall be included on and paid for under Pay Item No.1 02.1
No separate payment shall be made for other Maintenance of Traffic devises provided by the
Contractor
Section 102-6 DETOURS: This sub-article is amended to include:
Traffic may be detoured only upon approval of the Director of the Public Works Department.
20.
Maintenance of Traffic Devises:
All maintenance traffic control devises (including signs) shall be furnished by the Contractor.
Barriers (including warning lights), barricades, construction signs, flashing arrow boards, and high
intensity flashing lights shall be in accordance with the Manual on Uniform Traffic Control Devises
for Streets and Highways, U. S. Department of Transportation Federal Highway Administration
(ANSI D6.1 e 1989) the State of Florida Department of Transportation Roadway and Traffic Design
Standards for Design Construction.
Iviaintenance and Utilily Operations for Streets and }Iighw'ays on State ~v1aintained Systems. Public
Works Manual of Metropolitan Miami-Dade County, and the latest revisions ofthe aforementioned
manuals.
As a minimum, the fol1owing traffic control devises shal1 be provided for maintenance of traffic as
directed by the Engineer
ITEM NO.
DESCRIPTION
102-74-1
102-74-2
102-60
102- 77
Barricades (Temporary Type I and II)
Barricades (Temporary Type III)
Work Zone Signs (Temporary)
High Intensity Flashing Lights (Temporary Type B)
Note: Type "B" Low Intensity Flashing Warning Lights are to be provided and attached to the
barriers, signs, and barricades, as required and recommended in the latest edition of (ANSI D6.1 e-
1 989). At the City's request, additional Traffic Control Devises may be added during construction.
Payment shall be as per pay item 102-1.
21.
Floating Silt Barrier (Section 104)
The Work required under this Section shall be paid for at the contract unit price bid per linear foot of
Floating Silt Barrier as indicated in the Bid Form of the Proposal. Such price and payment shall be
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full compensation for: (1) furnishing. (2) installation, (3) routine maintenance, and (4) removal upon
completion and final acceptance of the work specified under the terms of this Contract.
Note: Particular attention should be given that in case of repeated pollution, or silting, the City
reserves the right to employ outside assistance or to use City forces to provide the necessary
corrective measures. Any such costs incurred, including the engmeering costs will be charged to the
contractor and appropriate deductions made from the monthly progress estimate.
22.
Clearing and Grubbing (Item No. 110-1)
The contract unit price bid as indicated in the Bid Form of the Proposal shall be fuJ1 compensation for
all work required for Clearing and Grubbing; including, but not limited to, removal of asphalt
pavement, tree removal, trash, debris, tree trimming, removal of drainage structures, and plugging of
existing drainage system left in place, among others, within the entire length of the project.
23.
Earthwork Related Operations (Section 120)
23.01 Grading
The Contractor shall include the cost of all grading in the unit price bid for the appropriate items.
Any additional grading required within the limits of the project, should be included in the clearing
and grubbing pay item. No separate payments will be made for any grading required on this project.
23.02 Regular Excavation (Item No. 120-1)
Regular Excavation shall consists of the excavation and the utilization, and satisfactory disposal, of
all materials necessary for street widening, side ditches, and lateral ditches, within the right-of-way.
except as may be specificaJJy shown to be paid for separately.
24.
Stabilizing (Section 160)
Section 160 STABILIZING: Delete the words "Bearing Value" or "Limerock Bearing Ratio Method"
where they occur throughout this section and substitute the words "California Bearing Ratio".
Delete all contrary references to density requirements and substitute the following:
Compaction - The density requirements for all, street widening and sub grade involved in this Section
shall be a minimum ninety- five percent (95%) for non-roadway areas and ninety-eight percent (98%)
for roadway areas (street widening), of maximum density as determined by AASHTO T -180. Delete:
"do not apply density requirements where constructing narrow widening strips 4 feet or less"
from section 120-9.4
Delete all mention of Bearing Value requirements entirely and substitute the following:
California Bearing Ratio Requirements: Suitability of the soil to be compacted shaJ1 be determined by
the California Bearing Ratio Test as outlined in ASTM D 1883-87. Tests shall be made on each
separate course, generally before the materials have been compacted.
Any areas where the materials have a C.B.R. value ofless than Thirty (30) at ninety-five (95) percent
ofthe maximum density as determined by AASHTO T-180 shall be stabilized (or further stabilized)
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as specified herein.
Section 160-4- MATERIALS - Add the foJJowing:
Except that the Iimerock used for stabilization shaJJ have a minimum of at least fifty percent (50%)
carbonates of calcium and magnesium.
Section 160-7.2.1.2 Under tolerances in Bearing Value Requirements-
Delete this sub-article and substitute the foJJowing:
There shaJJ be no under tolerance in the C.B.R. permitted.
Section 160-10 BASIS OF PAYMENT: Delete this article and substitute the foJJowing:
Payment for stabilizing sub-grade shaJJ be included under Contract Unit Price Bid Limerock
Material.
25.
Limerock Base Construction (Section 200)
25.01 General
The work specified under this Section shall consist of the construction of a base course composed of
Limerock. It shaJJ be constructed on a sub-grade prepared in accordance with Section 120-9.4 of the
FLORIDA DEPARTMENT OF TRANSPORTATION'S STANDARD SPECIFICATIONS FOR
ROAD AND BRIDGE CONSTRUCTION. That portion of the street bed immediately below the
proposed base course, in both cuts and fills, shall be scarified, graded, shaped and compacted to
conform to the lines, grades and cross section shoVv11 in the Plans or as directed by the Engineer.
25.02 Sub-grade
Within the entire limits ofthe proposed sub-grade, the minimum density acceptable at any location
shaJJ be ninety-five 95 percent, of maximum density, as determined by ASSHTO T-180.
Prior to placing the base, the sub-grade will be inspected by the Engineer to ascertain whether or not
the Work satisfies the requirements as to specified density, lines, grades and cross section.
Where trenches for widening strips are not of sufficient width to permit the use of standard
compaction equipment, any compaction effort required shall be accomplished by, trench rollers, or
other type compaction equipment approved by the Engineer.
It shall be the Contractor's responsibility to maintain the required density until the base is placed on
the sub grade.
25.03 Limerock Base
The base shall have an overall compacted thickness as specified and noted in the Plans. When the
specified compacted thickness of the base is greater than eight inches, it shall be constructed in two
(2) equal lifts. Each lift shall be graded and compacted to a density of not less than the above
mentioned percentages of maximum density as determined by AASHTO T- 1 80. The minimum
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density acceptable at any location along the traveled roadway shall be ninety-eight (98) percent of
such maximum density. The minimum percent of carbonates of calcium and magnesium in the
Limerock Material will be fifty (50).
After spreading of the first lift is completed, the entire surface shall be scarified and shaped so as to
produce the required grade and cross section after compaction. Prior to placing the second lift, the
first course shall be cleaned of all foreign material and blade and brought to a surface cross section
approximately parallel to that of the proposed finished base. Prior to spreading of any material for
the upper course, the density tests for the lower course shall be made and the Engineer shall have
determined that the required compaction has been obtained.
After the spreading of the material for the second course is completed, its surface shall be finished
and shaped so as to produce the designed grade and cross section after compaction, and free of scabs
and lamination.
a. At the option of the Engineer, unless the use of forms is specifically called for in the Plans, the
base may be constructed six (6) inches wider in lieu of using forms. These extra widths will not be
measured for payment and shall be provided at no additional expense to the City.
b. Upon the Engineer's approval ofthe Limerock Base, it shall be primed with a prime coat having a
minimum curing period of forty eight (48)-hours.
c. Under no circumstances will the Engineer allow the prepared base to remain un-surfaced pending
completion of other Work remaining on the Project.
d. The quantity of Limerock Base, determined as provided in this Section, shall be paid for at the
Contract Unit Price Bid as indicated in the Bid Form of the Proposal. Such price and payment shall
be full compensation for all the work specified for the complete construction of the base course as
specified herein, including the necessary preparation and compaction of the sub-grade, correcting all
defective surfaces of the sub-grade and/or deficient thickness and priming of the base course.
Note: The areas of base course to be measured for payment shall include the areas of extra base
required at various intersections. The cost of replacing base materials removed only for the
construction of underground items shall be included in the Bid Price for the various items.
26.
Prime and Tack Coats for Base Courses (Section 300)
Section 300-7.1 - GENERAL: This article is expanded to include the following:
A Prime Coat is required for all Limerock Base Construction and the cost will be included in the Unit
Price Bid for Limerock Base per cubic yard as noted in the Bid Form of the Proposal. No separate
payment shall be made for the Prime Coat or its application.
27.
Bituminous Material- Pavrnent Adiustment (Item 300-1-999)
Section 9-2. 1 - ITEMS INCLUDED IN PAYMENT: This sub-article is expanded as follows:
The bid unit price for bituminous materials (asphalt concrete, prime and tack coat) will be adjusted to
reflect changes, both increase and decrease, in the asphalt price index, based on the average of the
current bituminous materials prices at Port Everglades, from that in effect during the month in which
Oct. 2007. Special Provisions
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bids were received for this contract. The Contractor will not be given the option to reject this cost
adjustment of bituminous materials. This adjustment will be made in accordance with the following
criteria:
a. Price adjustment will apply only to the price of bituminous material. based on the above mentioned
asphalt price index and will not reflect variations in the cost of transportation from the terminal to the
job site. cost of aggregates or any other factors involved in the composition or pricing of asphalt.
b. Price adjustments wi]] be made for all bituminous material incorporated in the asphalt pavement,
whether paid for under a separate bid item for asphalt concrete or under other items which include
the cost of bituminous material.
c. The adjusted unit price for bituminous material will be used in preparing monthly progress
payments.
d. No price adjustment reflecting any further increases in the cost of bituminous material wi]] be
made for any month after expiration of the allowable contract time including any extensions that may
be granted.
e. The adjusted unit price for asphalt concrete sha]] be calculated for the month during which the
material was incorporated into the project, in accordance with the following formula:
Pa = P + (D x N)
Pa = Adjusted unit price for asphalt concrete (to be calculated separately for each month during
which the bituminous material is used and will reflect an increased or decreased price).
P = The price per unit bid for the asphalt concrete.
D = The differential in the per gallon price of liquid asphalt in accordance with the Asphalt Price
Index for the liquid asphalt, from the price per gallon of the liquid asphalt in the month of the date
bid, and the price per gallon ofthe liquid asphalt in the month in which the material is incorporated in
the project.
N = Number of ga]]ons of liquid asphalt per unit bid.
f. The payment adjustment for prime coat and tack coat shall be based on the differential in the per
ga]]on pnce of the prime or tack, in accordance with the asphalt price index for the prime or tack,
from the price per gallon in the month of the date bid and the price per gallon in the month in which
the material is incorporated into the project for each gallon of prime or tack coat utilized.
g. A price adjustment will be made only when the current asphalt price index for the month the
material was incorporated into the project varies by 5% or more from the index that was applicable
during the month that bids were received.
h. The Contractor shall make available to the Engineer any tickets, scale weights, etc. needed to
determine the number of gallons of liquid asphalt utilized in the preparation of the asphalt concrete.
j. A "Bituminous Material (Adjustment)" allowance item has been included on the Bid Form. The
printed amount indicated is only an estimate. The payment will be in accordance with the above
Oct. 2007, Special Provisions
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procedure and may be less than or greater than the amount indicated on the bid form. This amount
shall be included in the Grand Total.
28.
Type S-I Asphaltic Concrete (For this section refer to FDOT Standard Specifications for Road
and Bridge Construction 2000 (Issue)
Section 334-3 - GENERAL COMPOSITION OF MIXTURE: The following is added to this article:
'Where hand placing and finishing of Type S-I Asphalt Concrete is permitted for small and irregular
areas, such as turnouts, crossovers, driveways, etc., the portion ofthe Grade No. 16 coarse aggregate
retained on a No.4 sieve may be omitted from the mixture and the percent by weight of the coarse
aggregate passing the No.4 sieve and retained on the No.1 0 sieve shall be within the range specified
for the total coarse aggregate in the mix.
Page 271, Section 331-4.3.1 - Mix Design: Delete this sub-article and replace with the following:
No work shall be started on this portion ofthe Contract until the Contractor has conferred with the
Engineer and, if deemed necessary, has submitted samples of all materials to be used to a laboratory
approved by the Engineer for either:
1. Preparation and establishment of a mix design, or
2. The verification of conformity to specifications of ajob mix formula submitted by the Contractor,
if the plant has previously operated in conformity with the same material specifications as used in this
Contract.
Page 279, Section 331-7 - Basis for Payment: Delete this sub-article and substitute the following:
When the quantities of Type S-I Asphalt Concrete are to be paid for by the ton, as called for in the
proposal, the pay quantities shall include only the weight of the asphalt in place, completed and
accepted. In determining the tonnage to be paid for, the weights of the mixture shall be determined
from batch weights, truck scale weights, or other methods approved by the Engineer.
Payment for all bituminous material, including tack coat, shall be included in the payment for asphalt
Concrete. Such payment shall be based on the contract unit price bid as indicated in the Bid Form of
the Proposal
The Contract Unit Price Bid, as indicated in the Bid Form of the Proposal, shall be full compensation
for all Work specified under this Section (including the applicable requirements of Sections 320 and
330).
Note: The Contractor shall apply the asphalt concrete over all existing sanitary sewer manhole
covers, valve boxes, etc., which have not been properly adjusted, so as to provide a smooth level
surface. It will be the Contractor's responsibility to mark the locations of openings that are covered
with new asphalt during the paving. These locations will be painted with an X and the final
adjustment, where necessary, of all existing utility openings will be made by the Contractor, after the
resurfacing has been completed. Use type S-I asphalt concrete for driveway reposition and transition
pavement feathering between existing and new surfaces.
Oct. 2007, Special Provisions
Page 1 1 of l5
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29.
Inlets. Manholes and Junction Boxes (Section 425)
The applicable portions of the Metropolitan Miami-Dade County Public Works Manual (latest
edition), Part 1, Standard Details, as pertain to the design and construction of drainage wells and
structures, are part of these Contract Documents.
Section 425-6.7 - BACKFILLING: Add the fo]]owing to this sub-article:
Select material sha]] be used for backfill adjacent to riser inlets, manholes and drainage we]]
structures as detailed in the Plans. It sha]] consist of well-graded limerock or limerock and sand fill.
Sand or fi]] having a high proportion of sand wi]] not be accepted as select fill. All selected fill sha]]
be approved by the Engineer prior to placing. No separate payment wi]] be made for select fill, but
sha]] be included in the Unit Price Bid for each particular item as indicated in the Bid Form of the
Proposal.
Section 425-8.2 - Adjusting Structures: This sub-article is expanded to include:
Upon completion of the Work and prior to acceptance and final payment a]] such structures will be
inspected by the Engineer to ensure that they are free of a]] debris and thoroughly cleaned.
30.
Adiustment or Relocation of Valve. Meter, Mail Boxes and Pull Boxes (Section 425-8.2)
The Work under these pay items includes any adjustments, relocation (raising, or lowering) of
existing valve, meter, mail boxes and pu]] boxes.
When relocation ofthe box is required, the Contractor sha]] make all necessary arrangements with the
utility companies, as the utility companies are responsible to relocate the valves and meters and valve
and meter boxes. Relocation of mail boxes are the Contractor's responsibility
31.
Concrete Pipe (Section 449)
449-4.1 Special Requirements:
Concrete Pipe sha]] meet the design requirements of the class of pipe ca]]ed for on the Bid Form of
the Proposal, Pipe design shall be based upon requirements set forth in ASTM C 76 or Special
Design which meet the requirements of ASTM C 655. For pipe designated as Class S, the pipe design
will meet the requirements for ASTM C 655 and the 0.01" crack and ultimate D-Ioads given on the
Roadway and Traffic Design Standards, Index Number 205.
The Process of manufacture and the details of the pipe design, including strength of the concrete, wiU
comply with the Standard Operating Procedure for the Inspection of Precast Drainage Products.
At the Contractor's option non-reinforced pipe up to and including 36" diameter, may be used in
place of reinforced concrete pipe designated Class S, Class I, II, III, and IV. Non-reinforced pipe
sha]] meet the requirements of ASTM C 985 and the ultimate D-loads given on the Roadway and
Traffic Design Standards, Index Number 205. such pipe sha]] be properly marked.
Plugging of existing pipes to be abandoned in place sha]] comply with section 430 4.5
Rubber gaskets for concrete pipe joints sha]] comply with section 420.
Oct. 2007, Special Provisions
Page 13 of 15
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32.
Sodding (Section 575)
The specifications for sodding shall conform to the applicable portions of Section 575 with the
fol1owing exception:
Incorporate the fol1owing to the applicable section, deleting al1 references that are contrary: The
Contractor is required to mow all sodded areas immediately prior to final acceptance of the Work by
the City.
The payment for mowing, maintaining the sod in a moist condition for a period of at least two weeks.
as wel1 as payment for the water and fertilizer shal1 be included in the Contract Unit Price Bid for
Sodding, as indicated in the Bid Form of the Proposal.
33.
Tree relocation
A. General
1. Scope:
Provide all labor, materials, equipment, transportation, watering supervision and all related work for
root pruning, trimming of limbs, loading and unloading, hauling and planting trees or palms in
locations indicated on the drawings or as directed by the Engineer included herewith.
2. Maintenance:
The contractor shal1 be responsible for the maintenance after the relocation of the trees or palms.
B. Materials:
1. Backfill Material:
The existing material excavated from the planting pit is to be used as backfill.
2. Water:
The Contractor shal1 provide potable water by an approved method by the Engineer
3. Pruning Paint:
Pruning Paint shall be asphalt base and contain ingredients that are antiseptic and aid healing of the
wound. There shall not be any growth inhibitors in the pruning paint.
C. Execution: (Preparation of Plant Material to be relocated)
1. Pruning:
Trees shal1 be root pruned six (6) weeks prior to relocation. No backhoes or trenchers shall be used in
the process.
Pruning of the canopy shal1 be executed just prior to root pruning. The extend of pruning shall be the
minimum needed to reduce shock resulting from severing of roots, however, no branches larger that
one (l ") inch diameter shall be trimmed other than at the branch col1ar.
Oct. 2007, Special Provisions
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Interior sucker growth and dead wood shal1 first be removed, fol1owed by selective pruning of
branches and limbs. Limbs that run through the tree crown shal1 be removed before other limbs are
removed. Pruning shal1 not destroy the tree. All cuts shal1 be made outside of the branch col1ar.
Backfill trench within twenty-four (24) hours after root pruning with coarse sand. Trees shal1 be
watered in at this time to eliminate air pockets in the backfill. Bracing and guying of trees after root
prunmg:
Bracing and guying at time of severing roots shal1 be provided if required by the County
representative(s) to support trees during the root regeneration period. Such work shal1 provide
stability and support to the extent that trees are maintained in a vertical position for duration of the
root regeneration period.
2. Watering Schedule: Please see section (SP 53).for watering schedule after tree planting
3. Guarantee of relocated trees and palms:
Al1 trees and palms that are relocated shall be guaranteed for a period of six (6) months after
relocation.
END OF DOCUMENT
Oct. 2007. Special Provisions
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