HomeMy WebLinkAboutSpecificationsREQUEST FOR PROPOSALS, BID NO. 02 -08 -01
SIDEWALK AND STREET IMPROVEMENT PROJECTS
Prepared by:
THE CITYOF SUNNY ISLES BEACH
September 2002
TABLE OF CONTENTS
PART 11. INSTRUCTIONS TO BIDDERS
5
1.
Receipt and Opening Bids ......................................... ............................... 1
Paves
PART 1. REQUEST FOR PROPOSALS
10
1.
Purpose ...................................................................... ...............................
1
2.
Background ............................................................... ...............................
1
3.
Qualification .............................................................. ...............................
2
4.
Proposal ..................................................................... ...............................
2
5.
Critical Issues ............................................................ ...............................
3
6.
Submittals for Qualification ...................................... ...............................
3
7.
Evaluation .................................................................. ...............................
4
8.
Performance ............................................................... ...............................
4
9.
Process ....................................................................... ...............................
4
10.
Taxes .......................................................................... ...............................
5
11.
Termination of Agreement ........................................ ...............................
5
12.
Insurance Requirements ............................................ ...............................
6
13.
Hold Harmless ........................................................... ...............................
6
14.
Payment on Behalf of the City ................................... ...............................
7
15,
Public Entity Crimes .................................................. ...............................
7
16.
Sworn Statement Pursuant to Section 287.133(3)(a)
8
17.
Non - Collusive Affidavit ............................................ ...............................
9
PART 11. INSTRUCTIONS TO BIDDERS
5
1.
Receipt and Opening Bids ......................................... ............................... 1
2.
Contents of Proposal Forms ...................................... ............................... 1
3.
Examination of the Site, Plans and Specifications .... ............................... 1
4.
Explanation to Bidders .............................................. ............................... 1
5.
Obligation of Bidders ................................................ ............................... 1
6.
Preparation of Proposals ............................................ ............................... 2
7.
Rejection of Irregular Proposals ................................ ............................... 2
8.
Bid Security ............................................................... ............................... 3
9.
Bid Security Liquidated Damages ............................. ............................... 3
10.
Delivery of Proposals ................................................ ............................... 3
11.
Withdrawal of Proposals ........................................... ............................... 3
12.
Opening of Proposals ................................................ ............................... 3
13.
Disqualification of Bidders ........................................ ............................... 3
14.
Addenda - Changes While Bidding .......................... ............................... 3
15.
Security of Faithful Performance .............................. ............................... 4
16.
Power of Attorney ..................................................... ............................... 4
17.
Award of Contract ..................................................... ............................... 4
18.
Qualification of Bidders ............................................ ............................... 4
19.
Sales Tax ................................................................... ............................... 5
20.
Trench Safety Act ...................................................... ............................... 5
1
PART 111. BID FORM A 9
1. Bid Form A .................................................................. ...............................
PART IV GENERAL SPECIFICATIONS
17
1.
Definitions ................................................................. ...............................
1
2.
Plans and Specifications ............................................ ...............................
3
3.
Intention ..................................................................... ...............................
3
4.
Notice and Service Thereof ....................................... ...............................
4
5.
Datum ........................................................................ ...............................
4
6.
Base Lines and Bench Marks .................................... ...............................
4
7.
Payment of Test by City ............................................ ...............................
5
8.
Engineer ..................................................................... ...............................
5
9.
Quantities ................................................................... ...............................
6
10
Materials and Workmanship ..................................... ...............................
6
11.
Contract Security ....................................................... ...............................
6
12.
Plant and Program of Construction ........................... ...............................
8
13.
Force Account Work ................................................. ...............................
9
14.
Hurricane or Disaster Services .................................. ...............................
10
15.
Legal Restrictions, Permits and Traffic Provisions ... ...............................
10
16.
Traffic Control in Work Zone ................................... ...............................
10
17.
Royalties on Patens .................................................... ...............................
11
18.
Liabilities, Damages and Accidents .......................... ...............................
11
19
Assignment of Contract ............................................. ...............................
11
20.
Insurance .................................................................... ...............................
12
21.
Annulment of Contract .............................................. ...............................
13
22.
Notice to Proceed ...................................................... ...............................
14
23.
Commencement, Delays and Completion of Work ... ...............................
15
24.
"Or Equal" Clause ..................................................... ...............................
16
25.
Plans and Working Drawings .................................... ...............................
16
26.
Explosives ................................................................. ...............................
17
27.
Subcontractors ........................................................... ...............................
17
28.
Final Cleaning -up ...................................................... ...............................
17
29.
Non - Discrimination in Employment ......................... ...............................
18
30.
Conflict of Interest Ordinance ................................... ...............................
1.8
31.
Independent Private - Sector Inspector General ( IPSIG ) ............................
18
PART V SPECIAL PROVISIONS
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12
13.
14.
15.
16.
17.
General........................................ ...............................
Location of Work ........................ ...............................
Scopeof Work ............................. ...............................
Construction Standards for Sidewalks; Curbs, and Gutters
Limitations of Operations ............ ...............................
Permits and Licenses ................... ...............................
Site Investigation ......................... ...............................
Performance of Work .................. ...............................
Restoration of Property ................ ...............................
Utilities........................................ ...............................
Pre - Construction Conference ...... ...............................
Contingency Fund ........................ ...............................
Award of Contract and Time for Completion ............
As -Built Drawings ....................... ...............................
Maintenance of Traffic (Section 102) ........................
Maintenance of Traffic Devices .. ...............................
Clearing and Grubbing ................ ...............................
7
1
2
3
3
3
4
5
5
5
5
5
7
CITY OF SUNNY ISLES BEACH, FLORIDA
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 Phone (305) 949 -3113 Fax
REQUEST FOR PROPOSALS, BID No. 02 -08 -01
FOR SIDEWALKS, CURBS, GUTTERING
AND MISCELLANEOUS STREET IMPOVEMENTS
Purpose. The purpose of this Request for Proposal is to seek a qualified Contractor for
the Sidewalks, curbs, Guttering, and Miscellaneous Street Improvement Projects
throughout the City's limits.
1.1 Procedure. Submit three (3) sets of the complete proposal by the closing date and
time. The specifications, plans and other documents required for this project may
be examined and obtained in the City Clerk's office, 17070 Collins Avenue, Suite
250, Sunny Isles Beach, Fl. 33160.
1.2. Contract documents, plans and specifications may be obtained upon
payment (non refundable) by check in the amount of $75.00 made payable to
the "City of Sunny Isles Beach ". No reimbursement will be made by the City of
Sunny Isles Beach for any costs incurred in appropriation of the proposal or any
presentation(s).
1.3. Property of City. All bids and accompanying documentation received from
Bidders in response to this invitation to bid /Request for Qualifications shall
become the property of the City and will not be returned to the bidders. In the
event of contract award, all documentation and work product produced as part of
the contract shall become the exclusive property of the City. This subsection is
applicable to Requests for Proposals and Requests for Letters of Interest
documents, which also become property of the City.
1.4. By submission of a bid hereunder, the Bidder becomes responsible to comply
with the terms and conditions of the Purchasing Procedures Ordinance of the-City
as may be amended from time to time. To the extent of any conflict, the terms of
this document control. -
2. Backeround. The City of Sunny Isles Beach is a coastal community located in the
Northeast part of Miami -Dade County. The City is currently undertaking a major
beautification project, which include Sidewalk and Street improvements. The City is
seeking to beautify its sidewalks, curbs and gutters as part of an overall beautification
project. The sidewalks and street improvements would promote a pedestrian friendly
environment in the City
Page I of 9
RFP - Sidewalk And Street Projects PART 1 Requests For Proposal
2.1. The estimated time for Construction of the project is 60 calendar days from the
day the City issues the "Notice to Proceed ".
3. Qualification. Bidders at the time of bid submittal, shall possess the correct
occupational licenses, all applicable professional licenses, or other authorizations
necessary to perform the work required by the contract documents pursuant to all
applicable federal, state and local laws, statutes, codes, ordinances and rules an
regulations.
Copies of licenses shall be submitted with the bid indicating the Bidder is duly licensed
to perform the activities or work included in the contract documents.
4. Proposal.
4.1 Each proposal submitted must have clearly marked on the face of the envelope the
following information:
"SEALED BID"
GENERAL MUNICIPAL CONTRACT SERVICES
OPENING DATE AND TIME: 9/27/02, 10:00 A.M.
BID # 02 -08 -01
4.2 All Proposals shall be submitted on the Bid Form and shall include all requested
documentation, including photos and detailed specifications of all equipment,
Warranty documents and completed Public Entity Crime Form.
4.3 The proposals shall contain two separate sections. The first section should
address and be limited to the consultant's qualifications. The second section
should address the specific work proposed by the consultant.
4.4 Mail (or deliver) an original proposal with authorized original signatures (faxed
proposals will be rejected) to:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
4.5 The City reserves the right to accept or reject any or all proposals received.
4.6 Proposals shall be publicly opened at, and no proposal received later than, 10:00
a.m., 27 day, September 2002.
4.7 Any additional information can be obtained by calling the Public Works Director
at (305) 947 -0606.
4.8 The City of Sunny Isles Beach is tax exempt (Certificate #23- 00- 477131 -54C).
Page 2 of 9
RFP - Sideivalk And Street Projects PART 1 Requests For Proposal
4.9 The City contemplates award of a firm fixed price contract resulting from this
Request for Proposal. The proposal is a citywide project that will commence after
the execution of a contract with the City.
4.10 Cancellation of Invitations for Bids or Requests for Proposals An Invitation for
Bids, or other solicitation may be cancelled, or any or all qualifier may be rejected
in whole, or in part, as may be specified in the solicitation, with City's sole
discretion.
4.11 Correction or Withdrawal of Bids; Cancellation of Awards. In general, bids shall
be unconditionally accepted without alteration or correction, except as authorized
in this Proposal. However, correction or withdrawal of inadvertently erroneous
bids before or after bid opening, or cancellation of awards or contracts based on
such bid mistakes, may be permitted, where appropriate.
Mistakes discovered before bid opening may be modified, or the bid may be
withdrawn by written or telegraphic notice received in the office designated in the
invitation for bids prior to time set for bid opening. After bid opening, no
changes in bid prices or other provisions of bids, prejudicial to the interest of the
City, or fair competition, shall be permitted. In lieu of bid correction, a low
bidder alleging a material mistake of fact may be permitted to withdraw its bid if:
(1) The mistake is clearly evident on the face of the bid document
but the intended correct bid is not similarly evident; or
(2) The qualifier submits evidence, which clearly and convincingly
demonstrates that a mistake was made. All decisions to permit the
correction or withdrawal of qualification, or to cancel awards or
contracts based on bid mistakes, shall be supported by a written
determination made by the City Manager or his designee.
(3) Notwithstanding the foregoing, the City shall have the
authority to waive any and all irregularities in any and all
qualifiers, or in the alternative, reject any proposal for
qualifications.
5. Critical Issues. Describe any particular critical issues relating to timeliness or emphasis
on particular problem areas, etc.
6. Submittals for Qualification. The following documentation must be submitted for
qualification of General Contractor:
6.1 Letter of Interest to participate in Bidding Process for a "Sidewalks and Street
Improvements" — City of Sunny Isles Beach.
6.2 An informative, narrative report introducing your firm and location address of the
office that will be responsible for the project, including name of the firm's
responsible officer, and telephone and fax numbers.
Page 3 of 9
RFP - Sidewalk And Street Projects PART] Requests For Proposal
6.3 List of professional and work resume of personnel available for the project.
6.4 A resume of the firm detailing the experience on the areas of sidewalks and street
improvements Qualifications and recommendations from prior jobs.
6.5 A Statement of Qualifications. Including list of construction equipment available.
6.6 Copies of the firm's professional licenses.
7. Evaluation. The criteria are not listed in order of importance. Qualification will
be evaluated using the following criteria. The City Manager will have the final say on the
evaluation criteria and will make the final selection in the best interests of the City.
• Professional Personnel, One (1) Engineer with 10 years of
experience. Work resume indicating experience and skills to perform
the Contract.
• Firms Experience in the construction of concrete sidewalks, curb
cuts, and gutters.
• Firms Experience in subsoil excavation and landscaping. Total
points will be awarded to firms with three (3(projects or More.
• Recent, current and Projective Workloads (including whether the
provider can perform the contract within the time specified without
delay or interference)
• Fee Proposal
■ Firms Experience with governmental entities.
• Demonstration of Construction Equipment Availability
5 points
25 points
15 points
10 points
35 points
5 points
5 points
Total points will be awarded to firms that demonstrate full compliance with minimum
requirements. Firms with less experience will be awarded points proportionally to experience.
8. Peformance. The Bidder, upon award of any contract shall ensure that all items supplied
and/or work performed, comply with federal, state and local laws rules and regulations as
well as the terms of the contract.
9. Process. Bidder, upon award of the contract shall be responsible for management and
organization of all public hearings and meetings with City officials, citizens' and
business groups or other organizations as applicable. Any and all meetings and all costs
associated with responding to this process will be at Bidder's expense with no additional
cost to the City.
9.1 Non - award. The City reserves the right in its sole and absolute discretion to reject
any and all qualifiers, to cancel and /or withdraw this UP at any time.
9.2 Responsible, Responsive Bidder. The City reserves the right to award any
contract to any Bidder which it deems to offer the best overall service and be the
Page 4 of 9
RFP -Sidewalk And Street Projects PART / Requests For Proposal
most responsible responsive bidder thereby the City is not bound to award any
contract based solely on the lowest quoted price and no contract is created until it
is signed with the approval of the City Commission. The City, in its sole and
absolute discretion, also reserves the right to negotiate separately with competing
firms as it deems to be in the best interest of the City and as permitted by law.
9.3 Negotiation. In the event the, most responsive and responsible Bidder for a
project exceeds available funds, and the City Commission does not make
available additional funds, the City Manager is authorized, when time or
economic considerations preclude re- solicitation of qualifiers, to negotiate an
adjustment of the qualifying price as long as the scope of work is not changed
with the lowest, most responsive and responsible Bidder, in order to bring the
qualification within the amount of available funds. Final negotiation shall be in
written form, as approved by the City Manager and the City Attorney.
9.4 One Response. If only one responsive Bidder for commodity or contractual
service is received, in response to an Invitation for Qualifier, an award may be
made to the single Bidder, if the City Manager finds the price submitted is fair
and reasonable, and that other prospective Bidders had reasonable opportunity to
respond, or there is not adequate time for re- solicitation. Further, the City
Manager reserves the right, if it is in the best interests of the City, to negotiate
with the sole Bidder for the best terms, conditions and price. The City Manager
shall document the reasons that such action is in the best interest of the City.
Otherwise, the qualification may be rejected and:
(1) New Bidders may be solicited;
(2) The sole Bidder may be rejected.
(3) If the City Manager determines in writing that the need for the supply
or service continues, but that the price of the one qualifier is unreasonable
and there is not time for re- solicitation or re- solicitation would likely be
futile, the procurement may then be conducted under Section 6(D) or
Section 6(F), of Ordinance 2001 -101, as appropriate.
10. Taxes. The Bidder is responsible for paying any and all taxes associated with the
agreement.
11. Termination of Agreement. If the Bidder fails to perform the conditions of the
agreement as specified and as interpreted by the Manager, the Manager shall provide
written notice of such violation.
11.1 The City reserves the right to terminate the agreement, without cause, with a 30-
day calendar written notice unless otherwise provided in the contract.
11.2 Termination and cancellation of any agreement will not relieve the Bidder for
work rest, which was to be completed prior to the termination or cancellation of
the agreement.
Page 5 of 9
RFP -Sidewalk And Street Projects PART I Requests For Proposal
11.3 If the agreement is terminated for cause, Bidder will be removed from the City's
vendor list.
11.4 The City shall have the right to terminate the agreement in the event the Bidder
files any petition or proceeding for bankruptcy relief or is adjudicated to be
bankrupt or insolvent or fails to pay just debts as they ordinarily become due.
11.5 This agreement may not be terminated by the Bidder unless otherwise provided in
the contract.
12. Insurance Requirements.
12.1 General. The Bidder, including service- related respondees, shall purchase and
maintain for the entire life of the Project, including any and all approved time
extensions, until its final acceptance by the City, such insurance as will protect the
Bidder from claims under Workers' Compensation, disability benefit laws or
other similar employee benefit laws; from claims for damages because of bodily
injury, occupational sickness or disease, or death of Bidder employees; from
claims insured by usual or unusual injury liability coverage; from claims or injury
to or destruction of tangible property and from claims insured by usual
Commercial General Liability coverage. This includes loss of use resulting
therefrom, any or all of which may arise out of the Bidder's operations under the
Contract Documents, whether such operations be by the respondee, or any sub
contractor, or by anyone directly or indirectly employed by any of them or for
whose acts any of them may be legally liable. The Bidder's deductibles /self-
insured retentions shall be disclosed to the City and may be disapproved by the
City and may be reduced or eliminated at the sole discretion of the City. The
Bidder is responsible for the amount of any deductible or self - insured retention.
12.2 Requirements for Certificates of Insurance. Bidder shall provide the City with all
required Certificates of Insurance which Certificates must be acceptable to the
City. Each Certificate of Insurance shall be provided to the City at least 15 days
prior to coverage renewals requested by the City. The Bidder shall furnish
complete copies of respondee's insurance policies, forms and endorsements. If
the Bidder fails to obtain and maintain for the life of the contract insurance
required herby or to replace any such expired or cancelled policies, the City may
obtain and maintain such insurance with such company as it deems satisfactory
with those amounts expended by the City in payment of premiums to be deducted
by the City from the amounts due the Bidder for work covered by the contract.
13. Hold Harmless.
13.1 The City, its agents, employees and officials, both elected and appointed shall be
held harmless against all claims for bodily injury, sickness, disease, death or
personal injury or damage to property or loss of use resulting therefrom arising
out of performance of the agreement or contract.
Page 6 of 9
RFP -Sidewalk And Street Projects PART] Requests For Proposal
13.2 The City, its agents, employees and official, both elected and appointed shall also
be held harmless against all claims for financial loss with respect to the provision
of or failure to provide professional or other services resulting in professional,
malpractice, or errors and omissions liability arising out of performance of the
agreement or contract.
14. Payment on Behalf of the City.
14.1 Bidder agrees to pay on behalf of the City, and to pay the cost of the City's legal
defense, as may be selected by the City, for all claims described in the Hold
Harmless paragraph 13 above, up through and including, all appellate levels.
14.2 Such payment on behalf of the City shall be, in addition to any and all other legal
remedies available to the City, and shall not be considered to be the City's
exclusive remedy.
15. Public Entity Crimes. Section 287.133, Florida Statues, provides that a person or
affiliate, as defined in that Section, who has been placed on the convicted vendor list
following the conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity may not submit a bid on a contract with a
public entity for any contract for construction or repair of a public building or a public
work, may not submit bids on leases of real property to a public entity, may not be
awarded to perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in
excess of the threshold of the amount provided in Section 287.017 for CATEGORY
TWO ($25,000) for a period of 36 months from the date of being placed on the convicted
vendor list. Any such person or affiliate convicted of a public entity crime shall provide
written notice of such conviction.
Page 7 of 9
RFP - Sidewalk And Street Projects PART I Requests For Proposal
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
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is _
(IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:
1 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.
1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes
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
1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. 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 come. 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 controlling 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 apublic
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.13311)(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 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 any entity.
Signature Date
Page 8 of 9
RFP - Sideivalk And Street Projects PART I Requests For Proposal
NON - COLLUSIVE AFFIDAVIT
State of
)ss
County of
deposes and says that:
being first duly sworn,
(1) He /she is the(Owner, Partner, Officer, Representative or Agent) of the
Bidder that has submitted the attached Bid;
(2) He /she is fully informed respecting the preparation and contents of the
attached Bid and of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said bidder nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have
in any way colluded, conspired, connived or agreed, directly or indirectly,
with any other Bidder, firm, or person to submit a collusive or sham Bid in
connection with the Work for which the attached Bid has been submitted;
or to refrain from bidding in connection with such Work; or have in any
manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Bidder, firm, or person to fix the
price or prices in the attached Bid or of any other Bidder, or to fix any
overhead, profit, or cost elements of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance, or
unlawful agreement any advantage against the City of Sunny Isles Beach,
or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are
not tainted by any collusion, conspiracy, connivance, or unlawful
agreement on the part of the Bidder or any other of its agents,
representatives, owners, employees or parties in interest, including this
affiant.
Page 9 of 9
RFP -Sidewalk And Street Projects PART / Requests For Proposal
PART II
INSTRUCTION TO BIDDERS
1. Receipt and Opening of Bids
Sealed Bids will be received on or before September 27, 2002, until 10:00 am EDT at
17070 Collins Avenue, Suite 250, Sunny Isles Beach, Fl. 33160 and opened immediately
thereafter in the City Commission Chambers. Bidders, or their authorized agents are
invited to be present. Bids received after the designated date and /or time, will not be
accepted and will be returned un- opened to prospective bidders.
2. Contents of Proposal Forms
The prospective Bidders must use the Proposal bid Forms A and B. Bidder may provide
additional information on documents prepared by the bidders.
3. Examination of the Site, Plans and Specifications
The Bidder is required to examine carefully the Site, Proposal, Plans Specifications,
Special Provisions, and Contract forms for the work contemplated, and it will be assumed
that the Bidder has investigated and is fully informed as to the conditions to be
encountered, as to the character, quality, and quantities of work to be performed and
materials to be furnished, and as to the requirements of these Specifications, Special
Provisions, and Contract.
4. Explanation to Bidders
Bidders desiring an explanation or interpretation relative to this solicitation, must request
it in writing soon enough before the date and time scheduled for receipt of bid specified
in this solicitation. Annotate the solicitation number on all written inquiries and
correspondence. Oral explanations or instructions will not be binding. Any information
given to a bidder that, in the opinion of the City Managers Office, affects all bidders or
would be prejudicial to other bidders if not communicated shall be furnished to all other
bidders as an addendum to the solicitation. Interpretation may or may not be made on
questions regarding the drawing and specifications which are submitted after 10.00 A.M.
(EASTERN STANDARD TIME) SEPTEMEBER 27 2002 .-
5. Obligations of Bidders
Each Bidder must inform himself fully of the conditions relating to the construction and
labor under which the work is now or will be performed.
Failure to do so will not relieve a successful bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of the Contract Documents and to
complete the contemplated work for the consideration set forth in his bid.
The bidders must also be fully informed and must comply with the phases and Time of
Construction established by the City for the full implementation of the project.
Instructions to Bidders Page 1 of 7
Prospective bidder could submit their work schedule. However, upon reviewing them, the
City reserves the right to maintain its own work Schedule.
6. Pre -Bid Tour
Prospective bidders are invited to attend the following pre- conference: Time /Date 9:00
a.m., September 20, 2002. Location: City Hall, 17070 Collins Avenue, Suite 250, Sunny
Isles Beach, FL 33160
7. Preparation of Proposals
Original and Three (3) copies of proposals must be submitted on the forms provided by
the City. All blank spaces for bid prices must be filled in ink, in both words and figures.
In the event of any discrepancy in the entries for the price for any item, the unit price as
shown in words in words shall govern unless both the extension and the unit price shown
in figures are in agreement with each other, in which case they shall govern over the unit
price shown in words.
8. Resection of Irregular Proposals
Proposal will be considered irregular, and be rejected, if they show omissions, alterations
of form, additions not called for, conditions or unauthorized alternative bids, or
irregularities of any kind.
9. Bid Security
Each bid must be accompanied by a certified check or cashier's check of the bidder, or by
a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder
as principal and having as Surety thereon a satisfactory surety company, in an amount not
less than five percent (5 %) of the amount of the total bid. Such checks (or a reissued
check at the City's option) or bids bonds will be returned to all except the three (3) lowest
formal bides within ten (10) days after the formal opening of bids and the others, they
will be returned within forty-eight (48) hours after the Board of City Commissioners and
the successful bidder have executed the Contract for the Work, and if no such Contract is
executed within 90 days after the date of the opening bids, upon demand of the Bidders at
any time thereafter so long as his bid has not been accepted by the Board of City
Commissioners. Under a ruling of the Attorney General of the State of Florida, there shall
be affixed to each certified check, State Documentary stamps in the sum of 15 cents for
each $100.00 of the amount of the check, as the - certification of the check by a bank
becomes a written obligation to pay money and is subject to the documentary stamp tax.
No bid accompanied by a certified check lacking such documentary stamps affixed will
be acceptable. If a cashier's check is tendered, no documentary stamps are required.
10. Bid Security — Liquidated Damages
Failure to execute a contract, file an acceptable bond and deliver the necessary insurance
certificated as provided herein within 10 days after the prescribed forms are presented to
the Bidder signature, shall be just cause for the annulment of the award and the forfeiture
of the proposed guaranty to the City, which forfeiture shall be considered not as a penalty
Instructions to Bidders Page 2 of 7
but a liquidation of damages sustained. Award may then be made to the next lowest
bidder or all bids must be rejected.
11. Delivery of Proposal
All bids must be submitted in sealed envelopes and accompanying these Bidding
documents, bearing on the outside the name of the Bidder, his address, the name of the
Project for which the bid is submitted, and the date of the opening. IF forwarded by mail,
the sealed envelope containing the proposal must be enclosed in another envelope
addressed in an identical manner as on the envelope provided, preferable by certified
registered mail.
12. Withdrawal of Proposals
No Proposal can be withdrawn after it is filed unless the bidder makes his request in
writing to the City prior to the time set for the opening of bids.
13. Opening of Proposals
Proposals will be opened and read publicly as indicated on Section 1. Bidders or their
authorized agents are invited to be present.
14. Disqualification of Bidders
Only one (1) proposal from an individual, firm, partnership, or corporation under the
same name or different names will be considered.
15. Addenda — Changes While Bidding
No interpretation of the meaning of the Plans, Specifications, or other Contract
Documents will be made to any bidder orally. Every request for such interpretation
should be in writing, addressed to the City Manager, 17070 Collins Ave. Suite 250,
Sunny Isles Beach, Florida 33160 and to be giving consideration must be received at least
five (5) working days prior to the days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental instruction will be in the form of
written Addenda to the Specifications which, if issued , will be mailed by certified mail
to all prospective bidders (at the respective address furnished for such purposed) not later
than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to
receive any such Addendum of interpretation shall not relieve the bidder from any
obligation under his bid as submitted. All addenda so issued shall become part of the
Contract Documents.
16. Security of Faithful Performance
The successful Bidder will be required to furnish a Contractor's Performance and
Payment Bond. This may be in the form of a Cash Bond, or Surety Bond written through
an approved, reputable and responsible company authorized to do business under the
laws of the State of Florida.
Instructions to Bidders Page 3 of 7
This Performance Bond shall be in the amount of Fifty Percent (50 %) of the Contract
Price, unless otherwise specified in the Special Provisions to guarantee the delivery of a
completed Project under this Contract, in strict accord with the Plans, Specifications,
Special Provisions, and Contract Documents.
Surety Bond and Cash Bond Forms are included in these documents. Certified checks
shall have documentary stamps affixed thereto in accordance with the Provisions of
Article 8, Bid Security.
17. Power of Attorney
Attorney -in —fact who sign Bid Bonds or Contract Bonds must file such bond a certified
copy of their power of attorney to sign said bond.
18. Award of Contract
(a) The City reserves the right to waive any informality, or to reject any and all bids.
(b) The Contract, if awarded by the City, will be awarded to the most responsive and
responsible bidder whose bid complies with all the requirements of Contract
Documents, unless specifically stated otherwise in the Special Provisions.
(c) Each Bidder shall, if so requested by the City, present further evidence of
responsible bidder whose bid complies with all the requirements of the Contract
Documents, unless specifically stated otherwise in the Special Provisions.
19. Qualifications of Bidders
Any person, or entity who shall bid or proffer a bid on any Public Works Project, at the
time of such bid or proffer of bid, shall have complied with subsection (a) of Section 10 -3
of the Code of Metropolitan Dade County, Florida. Any bid not in compliance with such
section shall be null and void.
The required certificates listed in the Advertisement for Bids are for Contractor's
information and guidance only. In case of any discrepancies the requirements of Chapter
10 of the Code of Metropolitan Dade County, shall govern.
20. Sales Tax _
The Contractor's attention is directed to the fact that all materials, services and supplies
necessary for the completion of this Contract are subject to the Florida Sales and Use
Tax, in accordance with the applicable sections of the Florida Statutes. The Contractor is
responsible for the payment of the subject taxes.
Instructions to Bidders Page 4 of 7
21. Trench Safety Act.
The purpose and intention of the State of Florida, Trench Safety Act is to provide for
increased worker safety by requiring compliance with sufficient standards for trench
safety when the excavation is in excess of five (5) feet deep.
The Florida Trench Safety Act is hereby incorporated herein reference and made a part
hereof as though fully set forth herein. By signing and submitting the proposal, the
Bidder certifies that he is fully aware of the Trench Safety Act, and he is thoroughly
knowledgeable of its provisions and referenced data and standards, and further, that he
understands what will be required of him should he become the successful
Bidder /Contractor when performing trench excavations in excess of five (5) feet deep.
22. Familiarity with Laws
The Bidder is assumed to be familiar with all federal, state and local laws, ordinances,
rules and regulations, that in any manner affect the work. Special attention is called to,
but not limited to, the local environmental ordinances. Ignorance on the part of the bidder
will in no way relieve Contractor from its responsibility for compliance with all
applicable laws, codes ordinances, rules and regulations.
23. Apprentices
Chapter 446 of the Florida Statutes provides certain requirements if apprentices are
employed by contractors of public works projects. Contractor shall be knowledgeable of
this law and conform to its requirements.
The Bureau of Apprenticeship in the Division of Labor, Florida Department of Labor and
Employment Security, assists contractors in the determination of actual or anticipated
needs with respect to complying with the statutory requirements of this law.
This law provides for a civil penalty against any contractor or supplier that breaches this
law.
24. Equality and Substitutions
Each Bidder represents that its Bid is based upon new materials and equipment described
in the solicitation and such material and equipment fully meet the requirements of the
solicitation.
Whenever, any material, item, product, system or process is specified by trade name or
name of manufacturer or vendor to establish class or standard required, any other
material, item, product, system or process, considered equal by the City Manager may be
used by Contractor with the written approval of the City Manager provided the following
procedure is followed. In each instance, the material, item, product, system or process
specified by trade name or name of manufacturer or vendor shall be considered as a
standard basis for bidding and to ensure a uniform comparison of bids; Contractor shall
base its Bid on the particular material, item product, system or process named.
Instructions to Bidders Page 5 of 7
25.
26
No substitution will be considered unless written request has been submitted to the City
Manager for approval prior to the date for receipt of Bids. Each request shall include a
complete description of the proposed substitute, the name of the material or equipment
for which it is to be substituted, drawings, catalog specifications, samples, performance
and test data, and any other data or information necessary for a complete evaluation. A
written approval must be issued by the City of Sunny Isles Beach or their representative
in order for a substitution to be accepted.
Late Substitution and Modification
(a) Sealed Bids will be received on or before September 27, 2002, until 10:00 am
EDT at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Fl. 33160 and
opened immediately thereafter in the City Commission Chambers. Bidders, or
their authorized agents are invited to be present. Bids received after the
designated date and/or time, will not be accepted and will be returned un- opened
to prospective bidders.
(b) The time and date stamp or annotation placed on the bid envelope by the City
Clerk Office shall be conclusive a to the time of receipt.
(c) Notwithstanding paragraph (a) of this provision, a late modification of an
otherwise successful bid that makes its terms more favorable to the City will be
considered at any time it is received and may be accepted.
(d) If any emergency or anticipated event interrupts normal City processes so as to
cause postponements of the scheduled bid opening, the time specified for receipts
of bids will deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal City processed resume or to
such other date and time as may be provided by the Procurement Services Office
in a written notice to bidders.
Contract Documents contract documents consist of the following parts:
(a) Bid Documents:
1. Contractor's Bid Proposal (as accepted by the Owner, including
documentation accompanying the Bid and any post Bid documentation
submitted prior to Notice of Award)
2. Addenda
3. Bid Security
(b) Contract Form:
Instructions to Bidders Page 6 of 7
1. Contract
2. Performance Security
3. Contract Certification Form
4. Insurance Certifications
(c)
Instructions to Bidders
(d)
Special Provisions
(e)
Change Orders
(f)
Construction Changes
Instructions to Bidders Page 6 of 7
(g) Specifications
(h) Notice to Proceed
The Contract Documents shall be complementary to each other; what is called for by one
shall be as binding as if called for by all. Contractor shall be responsible for providing a
complete facility according to the meaning and intent of the Contract Documents,
whether all of the items involved under any trade are mentioned in one or several places.
27. Prompt Pay Policy
(a) The City shall pay Contractor, upon the submission of proper invoices, the prices
stipulated in this contract for supplies delivered and /or services rendered and
accepted, less any deductions provided in this contract.
(b) It is the policy of the City of Sunny Isles Beach to fully implement the provisions
of the State of Florida "Prompt Payment Act "(Florida State Statute 218.70).
28. Compliance with Immigration and Naturalization Act
City shall consider the employment by any Contractor of unauthorized aliens a violation
of section 274(e) of the Immigration and Naturalization Act. Such violation shall be
cause for immediate termination of any contract between Contractor and City.
End of Instructions to Bidders
Instructions to Bidders Page 7 of 7
PART III
BID FORM A
Project Number: BID 02 -08 -01
Project Name: SIDEWALKS, CURBS, AND GUTTERS
Grand Total:
The bidder understands and agrees that the above grand total is inclusive of all work
necessary to complete the job as described in the plans and specifications.
Quantities are established and are included only for the purpose of facilitating the
uniform comparison of bid submitted. The county shall not be held responsible if the
quantities are not accurate an all computations for compensations shall be based upon the
actual worked performed, whether greater or less than the estimated quantities.
Tax Identification Number:
D.C. Certificate of competency No.:
Bidder's Name:
Bidder's Telephone number:
Bidder's address:
And the undersigned agrees that in case of failure on his part to execute the said Contract
and the Bond within 10(ten) days after being presented with the prescribed Contract
Bid Form A Page 1 of 2
forms, the check or Bid Bond accompanying his bid, and the money payable thereon,
shall be paid into the funds of the City of Sunny Isles Beach, otherwise the check or Bid
Bond accompanying this proposal shall be returned to the undersigned.
Attached hereto is a cashier's check on the
Bank of
Dollars ($
according to the conditions under Instructions to Bidders and provisions therein.
WHEN THE BIDDER IS AN INDIVIDUAL:
WHEN THE BIDDER IS A SOLE PROPRIETORSHIP
OR OPERATES UNDER A TRADE NAME:
WHEN THE BIDDER IS A PARTNERSHIP:
C
(Name and Address of General Partner)
Bid Form A Page 2 of 2
(Signature)
(Address)
(Name of Firm)
(SEAL)
(Signature of Individual)
(Name of Firm)
(General Partner)
PART IV
GENERAL SPECIFICATIONS
1. Definitions:
Whenever the following terms 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 her to and for which this Contract is to performed.
b. Commission or City Commissioner: The City Commissioner 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" 2000 edition, which are Part of
the Contract Documents. Whenever 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 assistants.
f. Force Account: Basis of Payment for "Extra Work"
g. Inspector: An authorized representative of the "Engineer" assigned to make all
necessary inspection of the materials furnished by the Contractor and to 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
to 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 to 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.
General Specifications Page 1 of 16
k. Emergency: A temporary unforeseen occurrences or combination of
circumstances, which endangers life or property and calls for immediate action or
remedy.
1. 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 this 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 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 constructions
of the Project in a sunstantial 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 Bond.
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 construction.
S. Cash Bond: A certified check or Cashier's check furnished by the Contractor in
lieu of a Surety Bond for either a Bid 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.
t. 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
General Specifications Page 2 of 16
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.
U. 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 with the terms in accordance with the
terms of the Contract.
V. Material: Materials incorporated in the Project, or used or consumed in the
performance of the work.
W. Substitution of Securities for Retainage: 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 attached hereto.
The plans and Specifications, along with all other documents that make up and constitute
the Contract, shall be followed 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 all discrepancies and the Contractor
shall not proceed when in doubt as t dimension or exception.
The Contractor shall be furnished four (4) copies, of the Plans and Specifications, two (2)
of which shall be preserved and always kept accessible to the Engineer and Contractor's
authorized representatives.
3. Intentions
It is intended that these Contract Documents and the Accompanying Plans which make
up and constitute the Contract shall 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 Specifications and Plans; for after the lettering, no deviation will
be allowed form the Engineer's interpretation of the Plans, Specifications and 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 herein after provide for.
4. Notice and Service Thereof:
All notices given by the City under the provisions of this Contract shall be in writing and
may be served in any of the following manners:
General Specifications Page 3 of 16
(a) By delivery of such notice to the Contractor or to any officer of the 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's
Proposal for bid.
5. Datum:
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
Mark's (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
7. Payment of Test by City:
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 conformance with the Florida Department of Transportation
Specifications for the particular material involved. Tests rendering unsatisfactory reports
shall be cause for rejection. The costs 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 Public Works
Director and the orders of the City Manager are to be given through him. The instructions
of the Public Works Director are to be strictly and promptly followed in every case. The
Contractor may designate a foreman or other representative to receive such instruction in
his absence, and failing to do so, he will be held responsible for the execution of any
instruction it may be necessary to give in his absence.
The Public Works is to have free access to the materials an 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.
To prevent all disputes and litigations, it is agreed by the parties hereto the Public Works
Director 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 his 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
General Specifications Page 4 of 16
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
will constitute a violation of this Contract.
The Public works Director 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 decisions are to be binding only in the absence of the
Public Works Director, 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. 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, Plans and Specification. 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, 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.
11. Contract Security:
The Constructor 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
General Specifications Page 5 of 16
Bond(s), in the amount of Fifty Percent (50 %) 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 below:
Surety Bond Qualifications: The following specifications shall apply to bid, performance,
payment, maintenance, and all other types of bonds.
a. All bonds shall be written through surety insurers authorized to do business in the
State of Florida as surety, with the following qualifications as to management and
financial strength according to the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey:
Bond Amount
500,001
to 1,500,000
1, 500,001
to 2,500,000
2,500,001
to 5,000,000
5,000,001
to 10, 000,000
Over 10,000,000
Best's Rating
B
V
A
VI
A
VII
A
VIII
A
IX
On bond amount of 500,000 or less, the provisions of Section 287.0935, Florida Statutes
(1985) shall be in effect and surety companies not otherwise qualifying with this
paragraph may optionally qualify by:
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. 31 U.S.C. 9304-
9308.
b. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department
of the Treasury entitled "Surety Companies Acceptable on Federal Bonds ",
published annually. The Bond amount shall not exceed the underwriting
limitations 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 all liens and within the
Plans time limit herein specified. The said Bond shall be so worded as to make the
General Specifications Page 6 of 16
Contract a part thereof and shall contain a clause providing the right of suit or action for
whose benefit said bond shall be executed as disclosed by the next of said Bond and
Contract to the same extent as if he of they were the obligee or obligee therein
specifically mentioned, and all such persons shall be held or deemed to be obligee
thereof.
Florida Statutes 255.05 provide for the following 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.
AA 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 complete delivery of the materials or supplies, deliver to the Principal and
to the Surety written 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 notice have been given. No action shall 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 ".
12. Plant and Program of Construction:
The Contractor shall supply all 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 shall be exercised at all time 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 shall 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.
13. Force Account Work:
All extra work done on a "Force Account" basis shall be performed by such labor, tools
and equipment as may be specified by the Engineer and will be paid for in the following
manner:
a. For all 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
General Specifications Page 7 of 16
added and 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 tool, and ordinary equipment used on the
Contract, such as picks, hand shovel, 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 receipt bills, but no
percentage shall 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 rollers, tractors,
trucks shovels, drills, concrete mixers, pumps and hoists, required for the
economical performance of the work, the Engineer shall allow the Contractor a
reasonable rental price for each and every hour that said special equipment is in
use of the work, to which sum no percentage shall be added.
The Compensation, as herein provided, shall 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. All
claims for extra work done on a " Force Account" basis shall be submitted, as
hereinbefore provided, by the Contractor upon certified statement, to which shall be
attached original receipted bills 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 actually done.
14. Hurricane or Disaster Services:
The Contractor, by accepting the award of this contact, recognizes and agrees that should
a hurricane or other severe and catastrophic disaster affect the Dade County area during
the performance of the work, the contractor shall 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 instance, the contactor agrees
to negotiate reasonable time extensions for performance of disaster relief work.
15. Legal Restrictions, Permit and Traffic Provisions:
The Contractor shall procure, at his own expense, all necessary licenses and permits and
shall give due 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.
General Specifications Page 8 of 16
The Contractor shall so conduct his operations that he shall not close any thoroughfare
nor interferes in any way with traffic on railway, highways, or on water, without the
written consent of the proper authorities.
16. Traffic Control in Work Zones:
CONTRACTOR shall furnish, erect, and maintain all necessary barricades, warning,
danger, and detour signs, suitable and adequate lights; provide watchmen where
necessary to direct traffic; and take all other precautions to protect the work and the
public. Streets, which are closed to traffic by authority of the City Manager, shall be
adequately barricaded and marked with warning and detour signs, and lights at all
intersections and crossings along the detours. Street closings and detour shall be
implemented only as called for in the SPECIAL PROVISIONS or as shown on the Plans.
The temporary detour shall be adequately marked throughout its length. All detour
signing and routes shall be inspected and approved in writing by the Public Works
Director prior to being put into use. It shall be the responsibility of CONTRACTOR to
arrange such inspections.
Detour routes shall be maintained in a safe and passable condition at all times as the
detour is not longer necessary, the streets constituting the detour route shall be restored to
a condition of ENGINEER. All required restoration in incidental to the Maintenance of
Traffic pay item.
Obstructions and barricades shall be lighted at night and such lights shall be kept burning
from sunset to sunrise.
All such signing shall be done in accordance with applicable OSHA regulations, Florida
Department of Transportation, Roadway and Traffic Design Standards (booklet dated
January 2000), and the Manual on Uniform Traffic Control Devices (MUTCD), most
current edition at date of bid.
CONTRACTOR'S failure to properly maintain a safe Maintenance of Traffic program
will result in all WORK being halted until such time as any unsafe conditions, as
determined by the OWNER, have been corrected and made safe. No time extensions will
be given for STOP WORK orders due to unsafe conditions.
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 be included in the price stipulated in the Contract
for the work, and the Contractor shall protect and hold harmless the City against all
demands for such fees, royalties and claims.
General Specifications Page 9 of 16
18. Liabilities. Damages 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 caused 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.
19. Assignment 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.
20. Insurance:
Prior to execution of the Contract by the City and commencement of work, the
Contractor must obtain all insurance required under this paragraph and submit it to the
City for approval. All insurance shall be maintained until work has been completed and
accepted by the City.
The Contractor shall furnish to the City of Sunny Isles Beach:
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 polices will 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. Workers Compensation Insurance as required by Chapter 440, Florida
Statutes.
b. Public Liability Insurance — covering all liability arising out of not less
than $1,000,000.00 per occurrence for Bodily Injury and Property Damage
combined.
C. Contractual 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.
d. Automobile Liability Insurance — issued in the name of the City as sole
insured, in amounts as indicated in (b) above. This policy must be
General Specifications Page 10 of 16
endorsed to indicate that any premium, whether deposit or final, will be
the sole obligation of the Contractor.
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 shall 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 shall be in the name of the
Board of City Commissioners, 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 following 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 (1986 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.
Note: See Special Provisions for any modifications to these insurance requirements.
21. Annulment of Contract
If the Contractor fails to begin the work 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 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 or bankruptcy or
insolvency, or shall 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 proceed in
accordance therein, then the party of the first 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 according to the
General Specifications Page 11 of 16
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 cost 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
Contactor. 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 Award
of Contract and which is attended by members of the Public Works Department, the
Contractor, representatives of utility companies, and others affected by the work. The
effective date shall be set as a date not later than thirty (30) calendar days after the date of
execution of the Contacts Documents, unless a later date acceptable to both parties is
agreed upon.
23. Commencement, delays and Completion of Work:
After complete and final execution of the Contract, and after reconciliation of any details
or conditions, which may directly or indirectly interfere or conflict with work of the
Contract, the 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
General Specifications Page 12 of 16
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 Manger
approving a time extension. Such waiver shall 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 caused 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 allowed 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 will be allowed 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 all
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 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. "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 to establish a standard; and, any material, article, or
General Specifications Page 13 of 16
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.
25. Plans and Working Drawings:
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
26. Explosives:
No explosives or blasting shall be used or done in the project.
27. 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.
28. Final Cleaning -up
General Specifications Page 14 of 16
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 a at 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.
29. Non - Discrimination in Employment:
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.
30. Conflict of Interest Ordinance:
The Contractor agrees to abide and be governed by Miami -Dade County Ordinance No.
72 -82 (Conflict of Interest Ordinance), as amended, which is incorporated herein by
reference as if fully set forth herein, connection with its contract obligations hereunder.
31. Independent Private - Sector Inspector General (IPSIG)
The City shall have the right but no 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) my 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 availabje 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 estimates files, bid
and change order estimates, worksheets proposals and agreements from and with
successful and unsuccessful subcontractors and supplies, all project - related
correspondence, memoranda instructions, financial documents, construction documents,
bid and contract documents, back - charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for the aforesaid
documents and records.
General Specifications Page 15 of 16
The provisions in this paragraph shall apply to the Contractor, its officers, agents and
employees. The Contractor shall incorporate the provisions in this paragraph in all
subcontracts and all 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
investigate 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.
General Specifications Page 16 of 16
PART V
SPECIAL PROVISIONS
1. General:
The applicable portions of the 2000 Edition of the FLORIDA DEPARTMENT OF
TRANSPORTATION'S STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
CONSTRUCTION and its supplements as amended by the General Specifications and the
following Special Provisions; all are hereby made a part of this Contract.
Liquidated Damages for Failure to Complete the Work within the contract time shall be
governed by the 2000 Edition, section 80 -10 of the aforementioned FDOT Specifications.
Further, the applicable portions of the SOUTH FLORIDA BUILDING CODE and the
PUBLIC WORKS MANUAL OF MIAMI -DADE COUNTY, shall apply to this project.
Unless otherwise noted, all page references in the Special Provisions refer to the
FLORIDA DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS
FOR ROAD AND BRIDGE CONSTRUCTION, 2000 edition.
2. Location of Work:
The location where the work is to be performed shall be in the City of Sunny Isles Beach.
The exact location is between Collins Avenue (SR AIA) and the Intracoastal Waterway and
159 Street and 183 Street.
3. Scope of Work:
The project consist s of installing and maintaining concrete sidewalks, curbs, gutters and
related incidental construction.
4. Construction Standards for Sidewalks, curbs, gutters
All common sidewalks are required to be four inches (4) thick. Sidewalks that cross a
driveway are required to be six (6) inches thick to include concrete aprons. Curbs and
gutters are to be constructed in accordance with the Florida Department of
Transportation. All sidewalks are required to be maintained at five (5) feet wide except
otherwise indicated by the City. All cement is required to be minimum of 3,000 psi.pp.
5. Limitations of Operations:
Page 74, Section 8 -4.1 — Night Work:
No work shall be done at all on Saturday, Sunday 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.
Special Provisions Page 1 of 6
6. Permits and Licenses:
Page 58, 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, 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 municipalities or agencies,
including those required for tree removal, will be 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, FDOT or agencies,
including those required for dredging, pollution control, 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 Public Works
Director.
7. Site Investigation:
Page 12, 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 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 of the Contractor to completely or properly evaluate any factors of
costs prior to bidding shall not form a basis for additional compensation if he is awarded
the Contract.
8. Performance of Work:
Page 39, Section 5 -8.2 — CONTRACTOR'S SUPERINTENDENT: This sub article is
expanded to include the following:
The Contractor will furnish a qualified superintendent who will present at all times
during the course of the work, and shall be authorized to act for the Contractor. The
Special Provisions Page 2 of 6
Contractor shall keep on the job sufficient personnel, and equipment to meet the
requirements of the work.
The plant and equipment shall 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 all operations shall be subject to inspection by the Engineer at all
times. The Contractor shall 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.
9. Restoration of Property:
Page 62, Section 7 -11.1- Preservation 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, shall 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 shall include, but not limited to: signalization equipment and miscellaneous
hardware removed from the construction site, driveways, walls, fences, footing 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).
Note: All 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. All signs or mail boxed that are relocated or damaged by the
Contractor during the course of the work shall be re- installed or replaced at the proper
location, as soon as possible by the Contractor.
Prior to the removal of any traffic control signs that interfere with the construction, the
Contractor shall provide temporary signing or other provisions to assure a continuous
flow of traffic under at least the same conditions as previously existed. All signs that are
found to be unserviceable shall be reported to the City of Sunny Isles Beach Department
of Public Works.
10. Utilities:
Page 64, Section 7 -11.6 Utilities: This sub article is expanded to include:
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 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.
Special Provisions Page 3 of 6
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 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 for 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.
11. Pre - Construction Conference:
Page 74, Section 8 -3.5 — PRECONSTRUCITON CONFERENCE: This sub article is
expanded to include:
After the Award 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 Metropolitan Dade County 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.
12. Contingency Fund:
Item No. 999 "Contingency Fund" has been included in the Bid Form.
The Contractor shall insert an amount equal to 10% of the Base Bid. The Contingency
Fund shall be used by the City to reimburse the Contractor for documented permit fees
that he may incur. It also may be utilized by the City for unforeseen conditions that may
occur during the construction.
13. Award of Contract and Time for Completion:
The Contract Award shall be to the qualified bidder whose proposal complies with all the
requirements necessary to render it formal.
14. Maintenance of Traffic (Section 102)
Page 104, Section 102 -1.1- DESCRIPTION: This sub article is amended to include:
The applicable portions of the Metropolitan 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.
Special Provisions Page 4 of 6
No work shall commence on this Project or any portion thereof without implementation
of this 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-
.4, "Access for Residences and Business ".
The Contractor shall also provide access at all times to South Florida Water Management
District (SFWMD) areas, during all phrases of construction.
Special attention shall be given for safety directing 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) item 102 -1, as indicated in the Bid Form of
the Proposal for Maintenance of Traffic, shall be for the provisions and Maintenance of
Traffic Devises beginning at 12:00 midnight and continuing for the next 24 hours, or
fraction thereof. Payment shall be as per section 21. MAINTENANCE OF TRAFFIC
DEVISES.
When no item for "Maintenance of Traffic" has been provided by the Contractor in the
Bid Form of the Proposal, no separate payment shall be made.
Page 111, Section 102 -4.1 DETOURS: This sub - article is amended to include:
Traffic may be detoured only upon approval of the Director of the Public Works
Department.
15. Maintenance of Traffic Devises:
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.
Maintenance and Utility Operations for Streets on State Maintenance Systems, Public
Works Manual of Metropolitan Dade County, and the latest revisions of the
aforementioned manuals.
" All traffic control devices (including signs), warning devices and barriers shall be
furnished by the Contractor ".
Special Provisions Page 5 of 6
16.
The Contractor will turn in certified "Maintenance of Traffic Device" rental invoices or
other approved documentation along with his monthly Project estimates. This monthly
invoice shall pertain to pay item number 102.1 Such price and payment shall constitute
full compensation for furnishing (including hardware, lights and posts if required),
installing, relocating, maintaining, and removing Maintenance of Traffic Devices.
Payment will be made under the following item(s), as applicable:
ITEM NO. DESCRIPTION
102 -70 -11
Concrete Barrier (Temporary)
102 -74 -1
Barricades (Temporary Type 1 and 11)
102 -74 -2
Barricades (Temporary Type 111)
102 -60
Work Zones Signs (Temporary)
102 -77
High Intensity Flashing Lights
UNIT
L.F.
EA/DAY
EA/DAY
EA /DAY
EA /DAY (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.le- 1989). The cost of these lights shall be included in the price bid for the
barriers, signs, and barricades, as applicable. At the City request additional Traffic Control
Devises may be added during construction. Payment shall be as per pay time 102 -1.
Clearing and Grubbing:
The contract unit price bid as indicated in the Bid Form of the Proposal shall be full
compensation for all work required for Clearing and Grubbing; including, but not limited
to, removal of asphalt pavement, tree removal, trash, debris, tree trimming, cleaning and
plugging of existing drainage system left in place within the entire length of the project.
Special Provisions Page 6 of 6