HomeMy WebLinkAboutSpecs` "Y OF SUN pr'
Request for Proposal
Goods & Services
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Collins Avenue Sidewalk Paver
Request for Proposal No. 11 -11 -03
Publish Date:
11/11/2011
Pre -Bid Conference:
Intentionally Omitted
Bid Due and Bid Opening Date:
12/07/2011 at 10:00 AM
Where to Deliver Proposal
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
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TABLE OF CONTENTS
Table of Contents
Page 1 of 10
Page 2
Legal Advertisement/ Notice to Bidder
Equal Opportunity / Affirmative Action Statement
Page 3
Instructions to Bidder / General Terms
Section 1
Page 4
Special Terms & Conditions
Section 2
Page 10
Scope of Work / Technical Specifications
Section 3
Page 16
Evaluation Process
Section 4
Page 19
Proposal Format
Section 5
Page 21
Bid Submittal Form
Section 6
Page 24
Affidavits
Non - Collusive Affidavit
Page 1 of 10
Public Entity Crimes
Page 2 of 10
Equal Opportunity / Affirmative Action Statement
Page 4 of 10
Conflict of Interest Statement
Page 5 of 10
Dispute Disclosure Form
Page 6 of 10
Anti - Kickback Affidavit
Page 7 of 10
Bid Bond
Page 8 of 10
Performance Bond
Page 9 of 10
Attachments
Attachment A — Supplemental Provisions
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
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LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following
work as specified.
Collins Avenue Sidewalk Paver
Request for Proposal No. 11 -11 -03
The Bid Specifications for this Request for Proposal are available from DemandStar by calling (800) 711-
1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be
examined at the City of Sunny Isles Beach — Office of the City Clerk. Vendors who obtain the Bid
Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that
their Bid response package may be incomplete. Addenda will be posted and disseminated by
DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list.
The City may not accept incomplete Bids.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by
the City Clerk no later than 10:00 AM, on Wednesday, 12/07/2011 at the Sunny Isles Beach
Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids
received after this time will not be considered. The City is under no obligation to return Bids. Timely
submitted Bids will be opened publicly and read aloud at this time.
The envelope containing the sealed Bid must be clearly marked:
°IMPORTANT, BID ENCLOSED"
Bid No. 11 -11 -03
Collins Avenue Sidewalk Paver
OPENING DATE AND TIME: Wednesday, 12/07/2011 at 10:00 AM
The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors
and informalities, and to accept the Bid, which best serves the interest of, and represents the best value
to, the Owner in conformity with the criteria set forth in Section 62 -8 of the Code of Ordinances of the
City of Sunny Isles Beach.
All questions regarding Request for Proposal No. 11 -11 -03 shall be directed in writing to Jane A. Hines,
CIVIC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be
submitted via email to: JHines(absibfl.net or via facsimile (305) 792 -1563 or via regular mail at: Jane A.
Hines, CIVIC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
Jane Hines, CIVIC, City Clerk
City of Sunny Isles Beach
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
c/rY OF SUN Pt'.
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES /SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY
DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO
BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES
THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE
BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION /EXPLANATION /QUESTIONS:
Any questions concerning the Bid Specifications or any required
need for clarification must be made to Jane A. Hines, CMC, City
Clerk via email to: JHinesCulsibfl.net or via facsimile (305) 792 -1563
or via regular mail at: Jane A. Hines, CMC, City Clerk, City of
Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL
33160. Such requests for clarification /explanation or questions
must be made in writing to Jane A. Hines, CMC, City Clerk, at least
five (5) business days prior to the date of the Bid opening.
Interpretations or clarifications considered necessary by the City
will be issued by addenda and posted /disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
holders' list as having received the Bid documents. Only questions
answered by written addenda shall be binding. Oral interpretations
or clarifications shall be without legal effect. No plea of ignorance
or delay or required need of additional information shall exempt a
Proposers from submitting their Bid on the required date and time
as publicly noted.
1.2 PLAN HOLDER'S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has
made available via internet lists of all plan holders for each Request
for Proposal, Request for Proposal, and request for qualifications.
The information is available on -line at www.demandstar.com or by
calling the Office of the City Clerk at (305) 792 -1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are
released, the City will post and disseminate the addenda through
DemandStar. For those projects with separate plans, blue prints,
or other materials that cannot be accessed through the internet,
the Office of the City Clerk will make good faith effort to ensure
that all registered proposers (those who have been registered as
receiving a Bid package) receive the documents. It is the
responsibility of the vendor prior to the submission of any Bid to
check the above website or contact the Office of the City Clerk at
(305) 792 -1703 to verify any addenda issued. The receipt of all
addenda must be acknowledged on the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre -Bid
Conference or Bid /RFP /RFQ opening because of a disability should
call the Office of the City Clerk at (305) 792 -1703 at lease five (5)
days prior to the Pre -Bid Conference or Bid /RFP /RFQ opening. If
you are hearing or speech impaired, please contact the Office of
the City Clerk by calling the City of Sunny Isles Beach using the
Florida Relay Service which can be reached at 1(800) 955 -8771
(TOO).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes "a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
may n 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 the construction or repair of a public building or
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, sub - Contractor, or consultant under a contract with any
public entity, and may not transact business with any public entity
in excess of the threshold amount provided in section 287.107, for
category two for a period of 36 months from the date of being
placed on the convicted vendor list ".
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown
within this document.
1.7 SEALED BID:
1.8
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all
other items required within this Request for Proposal must be
executed) and submitted in a sealed envelope.
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by the
proposers. No changes or corrections will be allowed after Bids are
opened. Bids must contain an original, manual signature of an
authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Proposers may withdraw Bids only by written request and shall
forward the withdrawal request via "Certified U.S. Mail — Return
Receipt Requested" prior to the Bid opening time. Negligence on
the part of the Proposers in preparing the Bid confers no right for
the withdrawal of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the
Notice to Bidder. It is the responsibility of the proposers to insure
that the Bid reaches the Office of the City Clerk on or before the
closing hour and date stated on the Request for Proposal. After the
Bid opening, the contents of the Bid Form will be made public for
the information of vendors and other interested parties who may
be present either in person or by representative. Bids that are
received after the Bid opening time will not be considered and will
not be returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any /all
Proposers facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Proposers, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and /or with other units of state, and /or local
governments in Florida, or comparable private entities, will be
taken into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Proposer's shall hold the City, it's
officials and employees harmless and covenant not to
sue the City, it's officials and employees in reference
to their decisions to reject, award, or not award a Bid,
as applicable.
1.11.2 Cancellation: Failure on the part of the Proposers to
comply with the conditions, specifications,
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fad
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of
the City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an
Agreement specifying the terms and conditions resulting from the
award of this Bid. The vendor will have ten (10) calendar days after
notification of the award by the City to execute the Agreement and
provide the required Performance Bond.
The Proposers who has the Contract awarded to them and who
fails to execute the Agreement and furnish the Performance Bond
and Insurance Certificates within the specified time shall forfeit the
Bid Security that accompanied their Bid, and the Bid Security shall
be retained as liquidated damages by the City, and it is agreed that
this sum is a fair estimate of the amount of damages the City will
sustain in case the Proposers fails to enter into the Contract and
furnish the Bonds as herein before provided. Bid Security deposited
in the form of a cashier's check drawn on a local bank in good
standing shall be subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided
for within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities /services have been
received, accepted, and properly invoiced as indicated in the
contract and /or purchase order. Invoices must bear the purchase
order number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal' manufacturer trade
name, or vendor catalog is mentioned whether or not followed by
the words "approved equal' it is for the purpose of establishing a
grade or quality of material only. Vendor may offer equals with
appropriate identification, samples, and /or specifications on such
item(s). The City shall be the sole judge concerning the merits of
items Bid as equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to
return the product(s) to the seller at the seller's expense.
1.16 SAMPLES:
1.18
1.19
1.20
1.21
1.22
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Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage
rate of discount applies to other representative items not listed in
this Bid.
GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship,
or performance of the items offered on this Bid prior to their
delivery, it shall be the responsibility of the successful Proposers to
notify the City at once, indicating in their letter the specific
regulation which required an alteration. The City of Sunny Isles
Beach reserves the right to accept any such alteration, including
any price adjustments occasioned thereby, or to cancel at no
further expense to the City.
SAFETY STANDARDS:
The Proposers warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the
occupational safety and health act (OSHA) and its amendments.
Bids must be accompanied by a materials data safety sheet (MSDS)
when applicable.
WARRANTIES:
Successful Proposers shall act as agent for the City in the follow -up
and compliance of all items under Warranty/Guaranty and complete
all fors for Warranty/Guarantee coverage under this Contract.
Proposers warrants that there has been no violation of copyrights
or patent rights in manufacturing, producing or selling of goods
shipped or ordered, as a result of this Bid. The seller agrees to
indemnify City from any and all liability, loss, or expense
occasioned by any such violation.
LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a Bid on this
Request for Proposal shall include a copy of the company's local
business tax/occupational license(s) with the Bid respQnse. For
information specific to City of Sunny Isles Beach local business
tax/occupational licenses, please call Code Enforcement & Licensing
at (305) 792 -1705. If the contractor is operating under a fictitious
name as defined in Section 865.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be
submitted with the Bid. A business formed by an attorney actively
licensed to practice law in this state, by a person actively licensed
by the Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her
licensed profession, or by any corporation, partnership, or other
commercial entity that is actively organized or registered with the
Department of State shall submit a copy of the current licensing
from the appropriate agency and /or proof of current active status
with the Division of Corporations of the State of Florida.
Samples of items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample must
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
be labeled with the Proposers name and manufacturer's brand
name and delivered by them within ten (10) calendar days of
Proposers shall assume the full duty, obligation, and expense of
Proposers receipt of the "Notice to Proceed ", unless schedule
obtaining all necessary licenses, permits, inspections, and insurance
indicates a different time. If samples are requested subsequent to
required. The Proposers shall be liable for any damages or loss to
the Bid opening, they should be delivered within ten (10) calendar
the City occasioned by negligence of the Proposers (or their agent)
days of the request. The City will not be responsible for returning
or any person the Proposers has designated in the completion of
samples.
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
1.17 OUANTITY GUARANTY:
licensor requirements necessary to practice their profession as
required by Florida State Statute, Miami -Dade County, and City of
No guaranty or warranty is given or implied by the City as to the
Sunny Isles Beach Code. Contractors shall include current Miami -
total amount that may or may not be purchased from any resulting
Dade County Certificates of Competency. These documents shall
City of Sunny Isles Beach Request for Proposal No. 11 -11 -03 11 1
" "I' OF SUN pr-
be furnished to the City along with the Bid response. Failure to
delivery schedules may result in the Contractor being found in
furnish these documents or to have required licensor will be
default.
grounds for rejecting the Bid.
1.28 DEFAULT PROVISION:
1.24 CERTIFICATES) OFINSURANCE:
In case of default by the Proposers, the City of Sunny Isles Beach
Proposers shall furnish to the Office of the City Clerk, City of Sunny
may procure the articles or services from other sources and hold
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
the Proposers responsible for any excess costs occasioned or
33160, certificate(s) of insurance which indicate that insurance
incurred thereby.
coverage has been obtained from an insurance company authorized
to do business in the State of Florida or otherwise secured in a
1.29 SECONDARY /OTHER VENDORS:
manner satisfactory to the City, for those coverage types and
amounts listed in this document, in an amount equal to 100% of
The City reserves the right in the event the primary vendor cannot
the requirements and shall be presented to the City prior to
provide an item(s) or service(s) in a timely manner as requested, to
issuance of any Contract(s) or Award(s) Document(s). The City of
seek other sources without violating the intent of the Contract.
Sunny Isles Beach shall be named as "additional insured" with
respect to this coverage. The required certificates of insurance
1.30 DEFINITIONS:
shall not only name the types of policies provided, but shall also
refer specifically to this Bid and section. At the time of Bid
Wherever used in these General Conditions or In the other Contract
submission the Proposers must submit certificates of insurance as
Documents, the following terms shall have the meaning indicated
outlined in the General Conditions section. All required insurances
which shall be applicable to both the singular and plural thereof:
shall name the City of Sunny Isles Beach as additional insured and
such insurance shall be issued by companies authorized to issue
Acceptance: Acceptance by the City of the Work as
insurance in the State of Florida. It shall be the responsibility of
being fully complete in accordance with
the Proposers and insurer to notify the City Manager of the City of
the Contract Documents subject to
Sunny Isles Beach of cancellation, lapse, or material modification of
waiver of claims.
any insurance policies insuring the Proposers, which relate to the
activities of such vendor and the City of Sunny Isles Beach. Such
Agreement: The written Agreement between the City
notification shall be in writing, and shall be submitted to the City
and the Contractor covering the Work to
finance support service director thirty (30) days prior to
be performed, which includes the
cancellation of such policies. This requirement shall be reflected on
Contract Documents.
the certificate of insurance. Failure to fully and satisfactorily
comply with the city's insurance and bonding requirements set
Addenda: Written or graphic instruments issued
forth herein will authorize the City Manager to implement a
prior to the Bid Opening which modify
rescission of the Bid award without further City Commission action.
or interpret the Contract Documents,
The Proposers hereby holds the City harmless and agrees to
Drawings and Specifications, by
indemnify City and covenants not to sue the City by virtue of such
addition, deletions, clarifications or
rescission.
corrections.
1.25 ASSIGNMENT:
Approved: Means approved by the City.
The Contractor shall not transfer or assign the performance
Bid: The offer of the Proposers submitted on
required by this Bid without prior written consent of the City
the prescribed form setting forth the
Manager. Any award issued pursuant to the Request for Proposal
prices for the Work to be performed.
and monies which may be due hereunder are not assignable except
with prior written approval of the City Manager. Further, in the
Proposers: Any person, firm or corporation
event that the majority ownership or control of the Contractor
submitting a Bid for Work.
changes hands subsequent to the award of this contract,
Contractor shall promptly notify City in writing (via United States
Bonds: Bid, performance bond and other
Postal Service — Certified Mail, Return Receipt Requested) of such
instruments of security, furnished by the
change in ownership or control at least thirty (30) days prior to
Contractor and their surety in
such change and City shall have the right to terminate the contract
accordance with the Contract
upon sixty (60) days written notice, at City's sole discretion.
Documents and in accordance with the
law of the State of Florida.
1.26 HOLD HARMLESS /INDEMNIFICATION:
Change Order: A written order to the Contractor signed
The Contractor shall indemnify, hold harmless, and defend the City
by the City authorizing an addition,
of Sunny Isles Beach, it's officers, agents and employees from and
deletion or revision in the Work, or an
against any claims, demands or causes of action of whatsoever
adjustment in the Contract Price or the
kind or nature arising out of error, omission, negligent act, conduct,
Contract Time issued after execution of
or misconduct of the Contractor, their agents, servants or
the Agreement.
employees in the provision of goods or the performance of services
pursuant to this Bid and / or from any procurement decision of the
City: City of Sunny Isles Beach, 18070 Collins
City including without limitation, awarding the Contract to the
Avenue, Sunny Isles Beach, Florida
Contractor.
33160.
1.27 NON - CONFORMANCE TO CONTRACT: Contract Documents: Contract Documents shall include,
Instructions to Proposers, Contractor's
The City of Sunny Isles Beach may withhold acceptance of, or Bid, the Bonds, the Notice of Award, the
reject items which are found upon examination, not to meet the Agreement between the City and
specification requirements. Upon written notification of rejection, Contractor as well as any addenda
items shall be removed within (5) calendar days by the vendor at thereto, these General Conditions,
their own expense and redelivered at their expense. Rejected Special Conditions, the Technical
goods left longer than thirty (30) calendar days will be regarded as Specifications, Drawings and
abandoned and the City shall have the right to dispose of them as Modifications, Notice to Proceed,
its own property. Rejection for non - conformance or failure to meet Request for Proposal, Insurance
Certificates, Change Orders and
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03 .
1.31
1.32
1.33
1.34
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Written Notice: The term "Notice" as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval's required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person
to the individual or to a member of the
firm or to an officer of the corporation
for whom it is intended, or to an
authorized representative or such
individual, firm, or corporation, or if
delivered at or sent by registered mail to
the last business address known to
them who gives the notice. Unless
otherwise stated in writing, any notice
to or demand upon the City under this
Contract shall be delivered to the City.
BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and analysis
of the Bids. The Bid shall be awarded to the lowest responsible
and responsive proposer whose Bid best serves the interests of and
represents the test value to the City in conformity with the criteria
set forth in Section 62 -8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer's capability to perform
the Services as described in this RFP, ITB, RFQ or ITQ, as
substantiated by the required professional experience, client
references, technical knowledge and qualifications; and sufficient
labor and equipment to comply with the City's established
standards, as well as the financial capability of the Proposer to
perform the Work in accordance with the Contract Documents to
the satisfaction of the City within the time prescribed. The City
reserves the right to reject the Bid of any Proposers on the basis of
these queries and investigations and who does not meet the City's
satisfaction, even though the firm may be the lowest dollars and
cents Bid. In analyzing Bids, the City will also take into
consideration client references, past work experience and work
product, proven ability to satisfactorily perform. If the Contract is
awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90)
days after opening of Bids. The City specifically reserves the right
to award the contract to a proposer who is not necessarily the
lowest dollars and cents proposers on the basis of the results of
these queries and investigation(s).
EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance
Bond, the Certificates of Insurance and such other Documents as
required by the Contract Documents shall be executed and
delivered by Contractor to the City within ten (10) calendar days of
receipt of the Notice of Award.
LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance
therewith, they will give the City prompt written notice thereof, and
any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and
without such notice to the City, they will bear all costs arising
wherefrom.
TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and /or Federal Government. Florida Sales Tax Exemption
No. 23 -00- 477131 -54C appears on each purchase order.
Exemption certificates are available upon request.
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
Contract Price:
The total monies payable to the
Contractor under the Contract
Documents.
Contract Time:
The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer:
The individual who is authorized to sign
the contract documents on behalf of the
City's governing body.
Contractor:
The person, firm or corporation with
whom the City has executed this
Agreement.
Day:
A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order:
A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification:
Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a
written clarification or interpretation if
issued by the City, or (d) a written order
for minor change or alteration in the
Work issued by the City. A modification
may only be issued after execution of
the Agreement.
Notice of Award:
The written notice by City to the
apparent successful Proposers stating
that upon compliance with the
conditions precedent to be fulfilled by
him within the time specified, City will
execute and deliver the Agreement to
him.
Samples:
Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications:
Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied
to the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier:
Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work:
Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents,
including all labor, materials, equipment
and other incidentals, and the furnishing
thereof.
1.31
1.32
1.33
1.34
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Written Notice: The term "Notice" as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval's required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person
to the individual or to a member of the
firm or to an officer of the corporation
for whom it is intended, or to an
authorized representative or such
individual, firm, or corporation, or if
delivered at or sent by registered mail to
the last business address known to
them who gives the notice. Unless
otherwise stated in writing, any notice
to or demand upon the City under this
Contract shall be delivered to the City.
BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and analysis
of the Bids. The Bid shall be awarded to the lowest responsible
and responsive proposer whose Bid best serves the interests of and
represents the test value to the City in conformity with the criteria
set forth in Section 62 -8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer's capability to perform
the Services as described in this RFP, ITB, RFQ or ITQ, as
substantiated by the required professional experience, client
references, technical knowledge and qualifications; and sufficient
labor and equipment to comply with the City's established
standards, as well as the financial capability of the Proposer to
perform the Work in accordance with the Contract Documents to
the satisfaction of the City within the time prescribed. The City
reserves the right to reject the Bid of any Proposers on the basis of
these queries and investigations and who does not meet the City's
satisfaction, even though the firm may be the lowest dollars and
cents Bid. In analyzing Bids, the City will also take into
consideration client references, past work experience and work
product, proven ability to satisfactorily perform. If the Contract is
awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90)
days after opening of Bids. The City specifically reserves the right
to award the contract to a proposer who is not necessarily the
lowest dollars and cents proposers on the basis of the results of
these queries and investigation(s).
EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance
Bond, the Certificates of Insurance and such other Documents as
required by the Contract Documents shall be executed and
delivered by Contractor to the City within ten (10) calendar days of
receipt of the Notice of Award.
LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance
therewith, they will give the City prompt written notice thereof, and
any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and
without such notice to the City, they will bear all costs arising
wherefrom.
TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and /or Federal Government. Florida Sales Tax Exemption
No. 23 -00- 477131 -54C appears on each purchase order.
Exemption certificates are available upon request.
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
1.35 DUTY TO DEFEND. INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Contractor shall defend,
indemnify and hold harmless the City, its officers, agents and
employees, from or on account of any injuries or damages,
received or sustained by any person or persons during or on
account of any operations connected with the Work described in
the Contract Documents, or by or in consequence of any
negligence in connection with the same; or by use of any improper
materials or by or on account of any act or omission of the said
Contractor or his Sub - Contractor, agents, servants or employees.
The Contractor will defend, indemnify and hold harmless the City
and their agents or employees from and against all claims,
damages, losses and expenses including attorneys' fees arising out
of or resulting from the performance of the Work, provided that
any such claim damage, loss or expense (a) is attdbutable to bodily
injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than Work itself) including the loss of use
resulting wherefrom and (b) is caused in whole or in part by any
negligent act or omission of the Contractor, Sub - Contractor, anyone
directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or not it is
caused by a party indemnified hereunder. In the event that a court
of competent jurisdiction determines that Sec. 725.06 (2), F.S. is
applicable to this Work, then in lieu of the above provisions of this
section the parties agree that Contractor shall indemnify, defend
and hold harmless the City, their officers and employees, to the
fullest extent authorized by Sec. 725.06 (2) F.S., which statutory
provisions shall be deemed to be incorporated herein by reference
as if fully set forth herein. In the event that any action or
proceeding is brought against City by reason of any such claim or
demand, Contractor, upon written notice from City shall defend
such action or proceeding by counsel satisfactory to City. The
indemnification provided above shall obligate Contractor to defend
at its own expense or to provide for such defense, at City's option,
any and all claims of liability and all suits and actions of every name
and description that may be brought against City, excluding only
those which allege that the injuries arose out of the sole negligence
of City, which may result from the operations and activities under
this Contract whether the Work be performed by Contractor, its
Sub - Contractors, or by anyone directly or indirectly employed by
either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical
Specifications.
1.37 CITY MAY TERMINATE:
1.38
"h, OF 5UN f'",
incorporated in a Change Order. If after termination of the
Contractor under this Section, it is determined by a court of
competent jurisdiction for any reason that the Contractor was not
in default, the rights and obligations of the City and the Contractor
shall be the same as If the termination had been issued pursuant to
this document.
1.37.1 Where the Contractor's services have been so
terminated by the City said termination shall not
affect any rights of the City against the Contractor
then existing or which may thereafter accrue. Any
retention or payment of moneys by the City due the
Contractor will not release the Contractor from
liability.
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause and without prejudice to
any other right or remedy, elect to terminate the
Agreement. In such case, the Contractor shall be
paid for all Work executed and accepted by the City
as of the date of the termination. No payment shall
be made for profit for Work which has not been
performed.
MISCELLANEOUS:
Proposers acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be
deemed to have been validly given if delivered in
person to the individual or to a member of the firm or
to an officer of the corporation for whom it is
intended, or I delivered at or sent by registered or
certified mail, postage prepaid, to the last business
address known to them who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon
completion of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation,
the warranties, guarantees and obligations imposed
upon Contractor and those in the Special Conditions
and the rights and remedies available to the City,
shall be in addition to, and shall not be construed in
any way as a limitation of, any rights and remedies
available by law, by special guarantee or by other
If the Contractor is adjudged bankrupt or insolvent, or if they make
provisions of the Contract Documents.
a general assignment for the benefit of their creditors, or if a
trustee or receiver is appointed for the Contractor or for any of
1.38.4 Should the City or the Contractor suffer injury or
their property, or if they file a petition to take advantage of any
damage to its person or property because of any
debtor's act, or to reorganize under bankruptcy or similar laws, or if
error, omission, or act of the other or of any of their
they repeatedly fails to supply sufficient skilled workmen or suitable
employees or agents or others for whose acts they
materials or equipment, or if they repeatedly fail to make prompt
are legally liable, claim shall be made in writing to the
payments to Sub - Contractors or for labor, materials or equipment
other party within a reasonable time of the first
or they disregard laws, ordinances, rules, regulations or orders of
observance of such in jury or damage.
any public body having jurisdiction, or if they disregard the
authority of the City, of if they otherwise violate any provision of,
1.39 WAIVER OF JURY TRIAL:
the Contract Documents, then the City may, without prejudice to
any other right or remedy and after giving the Contractor and the
City and Contractor knowingly, irrevocably voluntarily and
surety ten (10) days written notice, terminate the services of the
intentionally waive any right either may have to a trial by jury in
Contractor and take possession of the Project and of all materials,
State or Federal Court proceedings in respect to any action,
equipment, tools, construction equipment and machinery thereon
proceeding, lawsuit or counterclaim based upon the Contract
owned by the Contractor, and finish the Work by whatever method
Documents or the performance of the Work there under.
they may deem expedient. In such case the Contractor shall not
be entitled to receive any further payment until the Work is
1.40 GOVERNING LAW:
finished. If the unpaid balance of the Contract Price exceeds the
direct and indirect costs of completing the Project, including
The Contract shall be construed in accordance with and governed
compensation for additional professional services, such excess shall
by the law of the State of Florida.
be paid to the Contractor. If such costs exceed such unpaid
balance, the Contractor will pay the difference to the City. Such
1.41 VENUE:
costs incurred by the City will be determined by the City and
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
Venue of any action to enforce the Contract Documents shall be in
Miami -Dade County, Florida.
1.42 ARBITRATION:
It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy
shall be settled by arbitration in accordance with the procedures,
rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami -Dade County, Florida. All costs of
arbitration and attorneys' fees incurred by the parties shall be paid
by the non - prevailing party or, if neither party prevails on the
whole, each party shall be responsible for a portion of the costs of
arbitration and their respective attorneys' fees as may be
determined by the court on confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City's expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
1.44
1.45
End of Section
city OF sUt't P"',
City all such books and records and accounts, financial or
otherwise, which relate to the Project and to any claim for a period
of three years following final completion of the Project. During the
Project and the three year period following final completion of the
Project, Contractor shall provide City access to its Looks and
records upon five days written notice.
SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application
of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be
affected thereby, and shall continue in full force and effect, and be
enforced to the fullest extent permitted by law.
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract
shall be those of the Contractor.
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
Section 2
Special Terms and Conditions
2.1 PURPOSE OF BID:
"', OF SUN Ft
The City of Sunny Isles Beach (the "City's intends to secure the services of a qualified Collins
Avenue Sidewalk Paver. It is the intent of this proposal document that all work shall result in
compliance with the contract documents and all regulatory requirements applicable to such
service.
2.2 PRE -BID CONFERENCE
Intentionally Omitted
2.3 TERM
This contract will commence on the first calendar day of the month succeeding approval of the
contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award
letter, which is distributed by the City's Purchasing Agent; and contingent upon the completion
and submittal of all required proposal documents.
2.4 OPTIONS TO RENEW
Intentionally Omitted
2.5 METHOD OF AWARD
See section 4
2.6 PRICE
Prices shall remain fixed and firm through the term of the contract
2.7 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful Proposer to furnish a Performance and
Payment Bond in the amount of 100% of the total Proposal Price, with the City of Sunny Isles
Beach as the Obligee, as security for the faithful performance of the Contract and for the
payment of all persons performing labor or furnishing materials in connection herewith within ten
(10) calendar days after notification of the award by the City. The bonds shall be with a surety
company authorized to do business in the State of Florida.
2.8 BID BOND
The City of Sunny Isles Beach shall require that every Proposer furnish a Bid Bond in the amount
of 5% of the total Proposal Price.
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03 6
""� OF sot4 Pr-
2.9 DELIVERY
Intentionally Omitted
2.10 INSURANCE
Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and /or Completed Operations Hazard
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
Harmless and /or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
• Errors and Omissions Liability
Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
• Owned Vehicles;
• Hired and Non -Owned Vehicles;
• Employers' Non - Ownership.
Before starting the Work, the vendor will file and make sure that all certificates of
insurance required by this document and by the Contract are in the City's possession.
These certificates shall contain a provision that the coverage afforded under the policies
will not be canceled or materially changed until at least thirty (30) days prior written
notice has been given to the City Manager or designee by certified mail. The City shall
be named as an additional insured on the above - referenced policies.
The vendor agrees that if any part of the Work under the Contract is sublet, they will
require the Sub- vendor(s) to carry insurance as required, and that they will require the
Sub- vendor(s) to furnish to them insurance certificates similar to those required by the
City in this section.
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
"'' of SUN P" •
2.10.1 Cancellation and Re- Insurance:
If any insurance should be canceled or changed by the insurance company or should any
insurance expire during the period of this contract, the Contractor shall be responsible for
securing other acceptable insurance to provide the coverage specified in this section to
maintain coverage during the life of this Contract. All deductibles must be declared by
the Contractor and must be approved by the City. At the option of the City, either the
Contractor shall eliminate or reduce such deductible or the Contractor shall procure a
Bond, in a form satisfactory to the City, covering the same.
2.11 ACCIDENT PREVENTION AND BARRICADES
Barricades, cones, construction fencing and temporary construction fencing, per City regulations
and other relevant requirements, shall be provided by the proposer when work is performed in
areas traversed by persons or when deemed necessary by the City Manager or his designee at no
extra cost to the City. Temporary construction fencing (chain link — 6' high) is required by the
City and such cost of placement shall be borne by the proposer for any work that requires
demolition and /or requires the containment of equipment or material or protection of work and
citizens. The fence shall be covered for dust control, shall have a windscreen, and /or a privacy
screen as directed by the City at the proposers sole cost.
Proposer shall comply with regulations and permit requirements for the placement of the proper
fencing. Precautions shall be exercised at all times for the protection of persons and property.
All proposers performing services under this contract shall conform to all relevant OSHA, State
and City regulations during the course of such effort. Any fines levied by the above mentioned
authorities for failure to comply with these requirements shall be borne solely by the responsible
proposer.
2.12 MONTHLY INVOICES PAYMENTS
Cut -off date is the close of the last business day of the month. Vendor shall submit by the 10th
day of the following month vendor's completed Statement of Services /Invoice. Should the 10th
fall on a weekend or holiday, Contractor shall submit his application on the next workday.
Vendor is advised that processing of invoices must follow this schedule, as the City has funding
requirements and other payment obligations which may prevent payment of late Statement of
Services for that month's billing cycle. A late Statement of Services with a recommendation for
payment will be paid in the next month's billing cycle.
2.13 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The proposer hereby acknowledges and agrees that all materials, except where recycled content
is specifically requested, supplied by the proposer in conjunction with this solicitation and
resultant contract shall be new, warranted for their merchantability, and fit for a particular
purpose. In the event any of the materials supplied to the City by the proposer are found to be
defective or do not conform to specifications: (1) the materials may be returned to the proposer
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03 ■
'1'1� OF SUN P1'
at the proposer's expense and the contract cancelled or (2) the City may require the proposer to
replace the materials at the proposer's expense.
In the event that material is suspected by the City Representative of being reused or not new in
original packaging, the material may be rejected. The Proposer shall remove such material and
replace it at his /her cost and within the original schedule. No provisions or allotments for delays
or time extensions to the schedule as a result of "defective ", unacceptable material, or reused
material found shall be granted.
2.14 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE PROPOSER
Unless otherwise provided in Section 3 of this RFP the proposer shall furnish the following,
including but not limited to, all labor, material, equipment, barricading, adequate supervision,
and coordination for satisfactory contract performance. When not specifically identified in the
technical specifications, such materials and equipment shall be of a suitable type and grade for
the purpose stated in this RFP. All material, workmanship, 100% design, testing and equipment
shall be subject to the inspection and approval of the City's Project Manager.
2.15 CLEAN -UP
All unusable materials and debris shall be removed from the premises at the end of each
workday, and disposed of in an appropriate manner. Upon final completion, the proposer shall
thoroughly clean up all areas where work has been involved as mutually agreed with the
associated user department's project manager.
2.16 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A
NOTICE TO PROCEED:
The proposer shall neither commence any work, nor enter a City work premise, until a written
Notice to Proceed (NTP) directing the proposer to proceed with the work has been received by
the proposer from any authorized City manager or his designee; provided however, that such
notification shall be superseded by any emergency work that may be required in accordance with
the provisions included elsewhere in this RFP and resultant contract.
2.17 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM
A. Type of Warranty Coverage Required
The proposer shall provide a copy of its written warranty certificates with its initial offer,
or upon request from the City. Failure to meet this requirement may result in the offer
being deemed non - responsive. The warranty supplied by the proposer shall remain in
force for the full period identified by the proposer; regardless of whether the proposer is
under contract with the City at the time of defect. Any payment by the City on behalf of
the goods or services received from the proposer does not constitute a waiver of these
warranty provisions. Proposer's warranties shall be one (1) year from final completion
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
OF suN P�-
shall include all delivery, labor, material, and equipment for the correction, replacement,
reinstallation, and /or removal of defective and /or unacceptable work.
Warranties for specific components of the work shall be provided separately and on
fabricators or manufacturers original letterhead with original signatures.
B. Correcting Defects Covered Under Warranty
The proposer shall be responsible for promptly correcting any deficiency, at no cost to
the City, within seven (7) calendar days after the City notifies the proposer of such
deficiency in writing. If the proposer fails to satisfy the warranty within the period
specified in the notice, the City may (a) place the proposer in default of its contract,
and /or (b) procure the products or services from another source and charge the proposer
for any additional costs that are incurred by the City for this work or items; either
through a credit memorandum or through invoicing.
2.18 DEFICIENCIES IN WORK TO BE CORRECTED BY THE PROPOSER
The proposer shall promptly correct all apparent and latent deficiencies and /or defects in work,
and /or any work that fails to conform to the contract documents regardless of project completion
status. All corrections shall be made within seven (7) calendar days after such rejected defects,
deficiencies, and /or non - conformances are verbally reported to the proposer by the City's project
administrator, who may confirm all such verbal reports in writing. The proposer shall bear ALL
costs of correcting such rejected work. If the proposer fails to correct the work within the period
specified, the City may, at its discretion, notify the proposer, in writing, that the proposer is
subject to contractual default provisions if the corrections are not completed to the satisfaction of
the City within seven (7) calendar days of receipt of the notice. If the proposer fails to correct
the work within the period specified in the notice, the City shall place the proposer in default.
2.19 FURNISH AND INSTALL REQUIREMENTS
The specifications and /or statement of work contained within this solicitation describe the various
functions and classes of work required as necessary for the completion of the work. Any
omissions of inherent technical functions or classes of work within the specifications and /or
statement of work shall not relieve the proposer from furnishing, installing or performing such
work where required to the satisfactory completion of the project.
2.20 LICENSES, PERMITS AND FEES
The proposer shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code requirements
applicable to the work contemplated herein. Damages, penalties and or fines imposed on the
City or the proposer for failure to obtain required licenses, permits or fines shall be borne by the
proposer.
2.21 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECT
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
'iry OF SUVA P�
Failure to complete the project in accordance with the specifications and to the satisfaction of the
City within the time stated shall cause the contractor to be subject to charges for liquidated
damages in the amount of $400.00 for each and every calendar day the work remains
incomplete. As compensation due the City for loss of use and for additional costs incurred by the
City due to such non - completion of the work, the City shall have the right to deduct the said
liquidated damages from any amount due, or that may become due to the contractor under this
agreement, or to invoice the contractor for such damages if the costs incurred exceed the
amount due to the contractor.
2.22 WEEKLY PROGRESS REPORTS
The City shall require that the successful proposer provide weekly progress reports on the status
of the project. The report shall include at the minimum the following information;
• Background on the project itself
• Discussion of the achievements since last reporting
• Discussion of problems that have arisen
• Discussion of work that lies ahead
• Assessment of whether you will meet the objectives in the proposed schedule and
budget
END OF SECTION
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03 _M
Section 3
Scope of Services / Technical Specifications
3.1 SCOPE OF SERVICES
`',y OF suµ P`
The City of Sunny Isles Beach, Florida, (the "City's a municipality located in Miami -Dade County, Florida,
seeks Request for Proposals ("RFP' responses from interested licensed and certified Florida general
contracting professionals ("Contractors' to submit proposals to provide the City of Sunny Isles Beach
with ALL the necessary work, labor, and equipment to demolish existing concrete sidewalks and construct
a paver sidewalk as intended by this RFP. The sidewalk demolition and replacements will take place
along the Collins Avenue which is under the jurisdiction of the Florida Department of Transportation
("FDOT') and as such must be constructed in strict compliance with FDOT Standards and this RFP.
Work shall include but shall not be limited to the removal /hauling of existing concrete sidewalks, soil,
removal and replacement as needed for pedestrian and vehicular signage, bus shelters, trash receptacles,
and other existing elements and reinstall pavers on limerock and at least a 1 -1/2" sand setting bed. All
signs, trash receptacles, bus shelters, and other items shall be returned and reinstalled as necessary and
as required. All existing water meter boxes, valve boxes, manholes, drainage covers, and other
structures must be adjusted to ensure that pavers are installed flush. Any damage to any element
required to remain shall be replaced at the Contractor's cost.
Contractor must demonstrate his /her qualifications by providing experience in the areas of roadway
construction as a prime contractor to the FDOT or other Municipalities /Local government on similar
projects with similar conditions. Contractor must provide sufficient information that clearly demonstrates
the Contractor's ability to provide such services in a prompt and efficient manner. This includes but is
not limited to the Contractor's ability to coordinate with FDOT, Miami -Dade County, City staff, Owners
(impacted by construction).
It is understood that the selected Contractor is of a professional status, licensed to provide services in the
State of Florida and licensed for all applicable professional discipline(s) requiring licenses.
3.2 PROJECT SPECIFIC REQUIREMENTS
A. This RFP is intended to ensure that any successful Contractor provides a full turn -key operation.
Below is a list of additional requirements that form part of this project:
This RFP specifically excludes concrete removal and paver installation work at all pedestrian
ADA ramps located at pedestrian crossings (see drawings for additional information). The
Florida Department of Transportation has allowed only those pedestrian ramps
within the permitted areas to remain as is; however, the Contractor shall include
the cost of providing all necessary labor, equipment, and material to paint the
ADA ramps with colors that are similar to the pavers and in a pattern similar to
the paver pattern requested by the City. The colors shall be separated by a fine
concrete saw -cut in a similar pattern as the pavers. The City requires the use of
"Color Patch" from Lambert Corporation or APPROVED equal with the written
approval by the City. This product shall also be utilized by the Contractor on ALL
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
y Of SUN F�_
concrete surfaces including but not limited to drainage structure, mast arm bases,
sewer structures, or other concrete surfaces that will remain (excluding the top of
the main roadway curbs).
2. Contractor shall provide ADA detectable warning surfaces at all cross walks. All detectable
warning surfaces shall be of a material and company approved by Miami -Dade County or the
FDOT. All information must be provided by the Contractor prior to purchase. No
substitutions will be allowed.
3. Attached to this RFP is a set of 8.5" x 11" drawings and recent FDOT landscaping permitting
documents that have been PREVIOUSLY approved by the FDOT. This project has been
broken down into four (4) distinct areas and current and expired permits from FDOT have
been attached. Three (3) of the four (4) FDOT permits for Landscaping are still active;
however, one has expired and requires resubmission by the successful Contractor.
MODIFICATIONS to all DRAWINGS will require that the CONTRACTOR resubmit for all new
permits from FDOT and subsequently to other AH).
4. A variation has been provided by the FDOT and is attached to this RFP. The
Contractor shall become familiar with said variation. Contractor will be required
to obtain a new permit variation. The City engineer will provide all necessary
information to the Contractor as it relates to the variation itself in the event the
FDOT require an updated variation reauest.
5. PAVER PATTERN: Pavers shall be placed in the EXACT pattern and color as in other locations
throughout the City along Collins Avenue. CONTRACTOR shall NOT use the drawings as a
depiction of the pattern to be used for this project. Contractor shall field verify the
dimensions and copy the same for the pavers proposed under this RFP.
6. All Driveways shall be replaced with pavers at elevations and pitches that conform with FDOT
Standard Indexes.
7. The successful Contractor shall obtain any new permits and maintain current permits active
during the duration of the project. Three (3) of the Landscaping permits will expire on 12 -2-
2011. The Contractor MUST comply not only with all permit requirements (AT NO COST TO
THE CITY), but ensure that compliance with this RFP is provided under the Contractor's
proposal at the time of submission of the RFP.
8. The Contractor shall be responsible to obtain all necessary permits from FDOT, Miami -Dade,
and the City and ensure that the permits remain active for the entire duration of the project
at the sole expense of the Contractor. Other necessary permits include but are not limited to
Roadway Closure /Lane Closure Permits from both the City and FDOT. This requires that the
Contractor include all costs, as part of the initial proposal, associated with mobilization and
police presence during the entire duration of the closure in addition to any other permit
requirements.
9. Contractor must include in the proposal all costs associated with pedestrian and vehicular
signage as necessary and required under the FDOT permit as well as requirements of the
Manual of Uniform Traffic Control Devices ( "MUTCD" latest edition). Adjustments to properly
accommodate pedestrian traffic, at the request of the City, the State, or the County shall be
provided at no extra cost to the City.
10. The Contractor shall be responsible for all underground utility implications that result as part
of the work provided. Contractor shall call for all utility locates prior to the commencement
of work. Contractor shall refer to the plans provided for additional information. Any
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
"DIY OF sUN Pr•
disruptions by the Contractor to services to the community or to the commercial building will
need to be resolved immediately at the Contractor's cost.
11. The Contractor shall comply with FDOT Indexes 300, 515, 600, 612, 613, 660 as required.
12. All sidewalk repairs to existing (if damaged) must be performed adequately. 6" thick
minimum full -flag repairs. Patches and partial flag repairs /replacements will not be allowed.
All paver work must be flush around all drainage boxes, water meter boxes, mast arm bases,
sign bases, and ADA ramps to remain. Contractor shall ensure that all signage is protected
and that all bus shelters are removed and properly replaced.
13. After Installation, all concrete pavers shall be sealed with a solvent based acrylic sealer:
"Crystal Clear sealer" by Cobble Coat, Pompano Beach, Florida or Approved Equal. Apply two
thin coats (2 -3 wet MILS) as per manufacturer's specifications.
14. Pavers shall be in conformance with ASTM C- 936 -82.
15. Contractor shall ensure to maintain the integrity of existing curb and gutter to remain.
B. Meetings
The Contractor will be required to attend and /or update the City regularly. Such meetings
will be held at the City. Minutes of all meetings must be prepared by the Contractor and
submitted to all those in attendance.
C. Administration
Prior to the submission of a Proposal the Contractor is responsible for field inspections, field
review, utility locations, and becoming familiar with any and all site conditions that might
otherwise hinder the Contractor's ability to perform said services and include all necessary
accommodations and resolution as part of the Contractor's proposal.
D. Building Permit
The Contractor will be required to obtain, submit, and retrieve all applications for permits, final
permits, pay for all fees, and implement all requirements of the permits.
END OF SECTON
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
`11'Y OF Soo P-`
Section 4
Evaluation Process
4.1 REVIEW OF PROPOSALS FOR RESPONSIVENESS
Each proposal will be reviewed to determine if the proposal is responsive to the
submission requirements outlined in the solicitation. A responsive proposal is one which
follows the requirements of this solicitation that includes all documentation, is submitted
in the format outlined in this solicitation, is of timely submission, and has the appropriate
signatures as required on each document. Failure to comply with these requirements
may result in the proposal being deemed non - responsive. The contract will be awarded
to the lowest responsible and responsive proposer whose proposal best serves the
interest of and represents the best value to the City in conformity with section 62 -8 of
the City code.
4.2 QUALIFICATIONS
Proposals shall include the following:
Technical Qualifications
1.
Proposer's relevant experience, qualifications and past performance.
2.
Relevant experience and qualifications of key personnel.
3.
Proposers approach methodology to providing the services requested in this
solicitation.
4.
Proposed solution functionality, implementation, other objectives and requirements
as stated
Price
5.
1 Proposer's price to the City.
4.2.1 ADDITIONAL INFORMATION
In order to be considered, Proposers shall provide sufficient information as part
of their proposal submission (submission shall not be limited to the information
below). All requested documentation and /or information shall be provided in the
Proposal. Proposers failing to provide sufficient documentation detailing their
qualifications, experience, and extent and implications of proposal shall not be
considered.
Copy of State of Florida Certified General Contractor license.
Provide company proof of relevant experience.
Proof of 10 years of experience in the construction /installation of
Streetscapes as a Prime contractor in South Florida and area similar to
Sunny Isles Beach.
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
oily OF SUN Pr
Proof of authorization to transact business in Florida from the Florida
Secretary of State, from the prime as well as any supporting firm(s).
Provide copies of all licenses and certifications of the Proposer.
4.3 Negotiations
The City may award a contract on the basis of initial offers received, without discussions.
Therefore, each initial offer should contain the Proposer's best terms from a monetary
and technical standpoint.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement
on a contract, the City reserves the right to terminate negotiations and may, at the City
Manager's or his designee's discretion, begin negotiations with the next lowest
responsible and responsive proposer. This process may continue until a contact
acceptable to the City has been executed or all proposals are rejected. No Proposer shall
have any rights against the City arising from such negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide to the City:
a) Its most recent certified business financial statements as of a date not earlier than
the end of the Proposer's preceding official tax accounting period, together with a
statement in writing, signed by a duly authorized representative, stating that the
present financial condition is materially the same as that shown on the balance sheet
and income statement submitted, or with an explanation for material change in the
financial condition. A copy of the most recent business income tax return will be
accepted if certified financial statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal,
involving a governmental agency or which may affect the performance of services to
be rendered herein, in which the Proposer, any of its employees or subcontractors is
or has been involved within the last three years.
END OF SECTON
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
Section 5
Proposal Format
5.0 FORMAT
"�4, of sUN PN_
Proposers must submit (1) original and four (4) copies of the Proposal. The original Proposal
must contain an original signature. Be sure that the individual signing the Proposal is authorized
to commit the Proposer's organization to the Proposal as submitted. Each page of the Proposal
should state the name of the Proposer, the RFP number, and the page number. The City reserves
the right to request additional data or material to support Proposals. All material submitted in
response to the RFP will become the property of the City.
LABEL EACH SECTION AS NUMBERED
The proposal must be in the following format. Failure to include responses to items #1 through
#8 in this Section 5 may result in the proposer being deemed non - responsive and resulting in the
proposal not being considered.
Company Information
■ In response to this Proposal, all Proposers must provide the following:
■ Name of Agency /Company (including any "Doing Business As" names)
■ Company Locations
■ Internet Web Site Address (if any)
■ Details of Entity Business Structure (Corporation, Partnership, LLC)
■ Date Founded
■ Home office address and telephone number, and local address and phone
number
■ List of any outstanding litigation that would threaten the viability of the firm or
the performance of this contract
■ Proof of insurance
■ Indication of how long it would take to implement service after authorized to
begin
2. Qualifications
Proposer's relevant experience, qualifications and past performance
• An explanation of why the Proposer is the best qualified to perform the contract
and demonstrate its qualifications including an item -by -item disclosure outlining
how the firm meets or exceeds the requirements of this RFP.
• A schedule of proposed services. The schedule should include the Proposer's
understanding of the issues and tasks of the project at hand.
• Copy of State of Florida Certified General Contractor license.
Provide company proof of relevant experience.
• Proof of 10 years of experience in the construction /installation of Streetscapes as
a Prime contractor in the South Florida and area similar to Sunny Isles Beach.
• Proof of authorization to transact business in Florida from the Florida Secretary
of State, from the prime as well as any supporting firm(s).
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
, �,4, OF SUN Fr
• Provide copies of all licenses and certifications of the Proposer.
3. Staffing
Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project and experience and qualifications of
subcontractors • The size and experience of the company staff pool from which staff
assigned to the management contract can be drawn.
• The composition of the staff team should include.
The names of the employees in the area responsible for this contract
• Their function in the company.
The name of the person who will be responsible for the coordination of work.
4. Approach / Methodology
Proposers approach methodology to providing the services requested in this solicitation
■ Suitability of the methodologies and approaches used in achieving tasks
■ Overall organization to completing the project
■ Ability to meet desired timelines and deadlines
5. Price Proposal
• Each firm shall submit in their proposal a detailed cost proposal which shall
include all costs associated with the services described in this RFP.
6. References
Each Proposer must submit a list of three (3) references of Current and Past Customers
of which they have provided services similar in scope and size of those described herein.
Each Reference must be supplied on Clients Letterhead
• Each Reference letter must me signed with contact person and phone number.
The City retains the right to request any additional information pertaining to the
Proposer's ability, qualifications, and procedures used to accomplish all work under the
contract as it deems necessary to ensure safe and satisfactory work.
Project Information:
• Provide a schedule and work plan to complete the Services requested as part of
this RFP.
• Provide a rendering of the proposed design.
Proposer MUST submit a sketch or simple rendering of what is proposed. A
listing of all the beneficial elements related to the proposal must be clearly
defined for consideration. Failure to provide sufficient data, information,
descriptions, and /or material may result in proposal rejection. Once an
agreement has been executed with the successful proposer, such rendering,
submitted at the time of the Proposal, shall be modified and revised as necessary
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
" " of SUN Pr
to reflect the desires of the City. Such modifications shall be provided by the
Proposer at no extra cost to the City.
Provide sufficient information on the type of material proposed and the type of
connections.
Provide the type of services from third party vendors that will be sought to fulfill
the terms of the RFP.
LIST of ALL Sub vendors, Sub consultants, material men, and suppliers that may
be used by the Proposer MUST be provided for the City's approval or rejection at
the time of PROPOSAL SUBMISSION. The Proposer shall hold prices as stated in
the proposal regardless of any requested modification provided by the City.
8. Contract Forms
All completed contract forms
END OF SECTION
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
`'y Of SUN P",
DELIVER TO; REQUEST FOR PROPOSAL
City of Sunny Isles Beach SECTION 6 OPENING' 10'00 A.M.
City Clerk BID SUBMITTAL FORMS 12/07/2011
18070 Collins Avenue
Sunny Isles Beach, FL 33160
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of
11/11/2011 Pages 24 through 27
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the
address shown above until the above stated time and date, and at that time, publicly opened for
furnishing the supplies or services described in the accompanying Bid Submittal Requirement.
RFP 11 -11 -03
Collins Avenue Sidewalk Paver
A Bid Deposit in the amount of 50/o of the total amount of the bid shall accompany all bids
A Performance and Payment Bond in the amount of 100% of the total amount of the bid will be required
upon execution of the contract by the successful bidder and City of Sunny Isles Beach
Procurement Agent; Firm Name;
Marcanthony Tulloch
Commodity Code(s):
RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGESAND AFFIDAVITS
FAILURE TO SIGN PAGE 27 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
SECTION 6
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION
WITH THIS BID
PART II:
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE:
TITLE OF OFFICER:
DATE:
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City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03 �'
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BID SUBMITTAL FORM
Bid Title: Collins Avenue Sidewalk Paver
The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance
with the other terms and conditions of the Contract Documents.
The Proposer accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security.
This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer agrees
to sign and submit the Agreement with the Bonds and other documents required by the Bidding
Requirements within ten days after the date of the City's Notice of Award.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
• The Proposer has familiarized himself /herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
• The Proposer has studied carefully all reports and drawings of subsurface
conditions and drawings of physical conditions.
• The Proposer has given the City written notice of all conflicts, errors,
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to the Proposer.
• This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization, or corporation;
the Proposer has not directly or indirectly induced or solicited any other Proposer
to submit a false or sham Bid; the Proposer has not solicited or induced any
person, firm or corporation to refrain from Bidding; and Proposer has not sought
by collusion to obtain for itself any advantage over any other Proposer or over
the City.
The City and the successful Proposer will establish completion times for each individual Work Item and
the successful Proposer agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and /or Notice to Proceed.
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
L ?,v OF si)o t "_
Firm Name:
Street Address:
Mailing Address (if different):
Telephone No.
Email Address:
Fax No.
EIN No.
* "By signing this document the bidder agrees to a// Terms
Signature:
(Signature of authorized agent)
Print Name:
Title:
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO
BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL
NON - RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY
PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
PROPOSER TO THE TERMS OF ITS OFFER.
I
City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
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City of Sunny Isles Beach I Request for Proposal No. 11 -11 -03
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C'lY OF SUN PLO
STATE OF FLORIDA
COUNTY OF )
NON - COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
of which he is
(Name of Corporation, Partnership, Individual, etc.)
a, formed under the laws of
(Type of Business) (State)
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this day of , 200.
Personally Known or Produced Identification ,
Type of identification
(Affix seal here)
NOTARY PUBLIC (name printed or typed)
DECEMBER 28, 2010 1 of 10
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Carr or SUN PLO
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947 -0606 Fax: (305) 949 -3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
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 the construction or repair of a public building or 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, Sub - Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list ".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach
�l
ipnnt inaiwauai s name ana Buel
for
[print name of entity submitting sworn statement]
whose business address is:
and (if applicable) its Federal Employer Identification number (FEIN) is
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
11.2. 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 with 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 of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. 1 understand that "convicted" or "conviction" as defined in Para. 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 trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
11.4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, 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
DECEMBER28, 2010 2 of 10
market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
11.5. 1 understand that a "person" as defined in Para. 287.133(1)(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 "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
(Signature)
(Printed Name)
(Title)
Sworn to and subscribed before me this day of , 20 , by
(AFFIX NOTARY STAMP HERE)
Signature: Notary Public — State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
10/1998 3 of 10
sV tANY IS,e
EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
S'p 'D97y F�00.�0 S4'p City of Sunny Isles Beach
c'rr or suN '�° 18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY /AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed:
Title:
Firm:
Address:
DECEMBER28, 2010 4 of 10
A SV tANY IS4 F.r
CONFLICT OF INTEREST
City of Sunny Isles Beach
18070 Collins Avenue
yF / '� • F oa` °P 5 r Sunny Isles Beach, FL 33160
c'rY of su ' jO Telephone: (305) 947 -0606 Fax: (305) 949 -3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
deposes, and states:
18.1. 1 am the
a local office in
who was duly sworn,
of
and principal office in
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described
as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
Dated this day of , 2010.
AFFIANT
Sworn to and subscribed before me this
O Personally Known
O Produced Identification
NOTARY PUBLIC STATE OF FLORIDA
Print or Type Name and Title
day of , 2010.
OR
Type of Identification
DECEMBER 28, 2010 5 of 10
SUNNY IS4F
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SF 0 Q'`
C /rY OF SUN Aa0
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No ". If you answer "Yes ", please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES NO
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES NO
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
Firm
Date
Authorized Signature Print or Type Name and Title
DECEMBER 28, 2010 6 of 10
SVµNY JS46
0 sir
c�rY or SUN Pao
STATE OF FLORIDA )
COUNTY OF )
ANTI - KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947 -0606 Fax: (305) 949 -3113
ANTI - KICKBACK AFFIDAVIT
I. the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
0
Title:
The foregoing instrument was acknowledged before me this day of
, 20 , by [name
of person], as
executed].
AFFIX NOTARY STAMP HERE:
[type of authority], for
[name of party on behalf of whom instrument was
Notary Public — State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
DECEMBER28, 2010 7 of 10
O� 16otANY ;S4 FAR
a F
9
n
t"
O
��
•y OF 5UN PN
STATE OF FLORIDA
COUNTY OF )
BID BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947 -0606 Fax: (305) 949 -3113
KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and
as Surety, are held and firmly bound unto the City of Sunny Isles
Beach, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated,
2010 for:
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5 %) of
the Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract with
the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of
the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written
notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory
to the City, each in an amount equal to one hundred percent (100 %) of the Contract Price, and provides all required Certificates of Insurance,
then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety
herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated
damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day
of 20 , the name and the corporate seal of each corporate party being hereto affixed and these presents
being duly signed by its undersigned representative.
IN PRESENCE OF
Individual or Partnership Principal
Business Address
City, State, and Zip Code
Business Telephone
ATTEST:
(Corporate Surety)*
*Impress Corporate Seal
DOCUMENT CONTINUES ON NEXT PAGE
Affix Corporate Seal
Business Facsimile
IMPORTANT
By:
Secretary
Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized
to transact business in the State of Florida.
DECEMBER 28, 2010 8 of 10
�SVoNY IS�FJ'
PERFORMANCE BOND
" City of Sunny Isles Beach
«` ' P 18070 Collins Avenue
5'F ,D91♦ FLOslo sir Sunny Isles Beach, FL 33160
CITY of SUN "0,, Telephone: (305) 947 -0606 Fax: (305) 949 -3113
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
as Principal, hereinafter called
Contractor, and as Surety, are bound to the City of Sunny
Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid /Contract No.: 07- 10 -04,
awarded the day of , 20 , with Landscape Services Maintenance in accordance with
contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part
hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
15.1. Fully performs the Contract between the Contractor and the City for services described within (Bid No.
) within calendar days after the date of Contract commencement as specified in the
Notice to Proceed and in the manner prescribed in the Contract; and
15.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that
City sustains because of default by Contractor under the Contract; and
15.3. Upon notification by the City corrects any and all defective or faulty Work or materials which appear within
one and one half (1 1/2) years, and:
15.4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in
the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and
declared by City to be, in default under the Contract, the City having performed City's obligations there under, the
Surety may promptly remedy the default, or shall promptly:
15.4.1. Complete the Contract in accordance with its terms and conditions; or
15.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the best, lowest, qualified, responsible and responsive
Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best,
lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such
Proposers and City, and make available as Work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of
the Contract Price." as used in this paragraph, shall mean the total amount payable by City to
Contractor under the Contract and any amendments thereto, less the amount properly paid by
City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City
named herein.
DECEMBER28, 2010 9 of 10
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect
Surety's obligation under this Bond.
Signed and sealed this day of 20
WITNESS: BY:
(Name of Corporation)
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney -in -Fact
(Power of Attorney must be attached)
(Address)
(City/State /Zip Code)
(Telephone)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
20 by
[type of authority], for
of party on behalf of whom instrument was executed].
AFFIX NOTARY STAMP HERE:
Personally Known
Type of Identification Produced
day of
[name of person], as
[name
Signature: Notary Public — State of Florida
Print or Type Commissioned Name
OR Produced Identification
10/1998 10 of 10
City of Sunny Isles Beach
Supplemental Provisions
THIS PAGE INTENTIONALLY LEFT BLANK
4 yVNNT �t� 1
t
'n
TABLE OF SUPPLEMENTAL PROVISIONS PAGE
1. DEFINITIONS .......................................................................................... ............................... SP /5
1.1 Basic Definitions ............................................................................. ............................... SP /5
1.2 Specifications and Drawings .......................................................... ............................... SP /5
1.3 Required Provisions Deemed Inserted ........................................... ............................... SP /7
2. CITY ........................................................................................................ ............................... SP /7
2.1 City's Right to Carry Out the Work ............................................ ............................... SP /7
3. CONTRACTOR ............................................................................................ ............................... SP /8
3.1 Contractor's Warranty ................................................................... ...............................
SP /8
3.2 Supervision and Construction Procedures ..................................... ...............................
SP /9
3.3 Use of Site ...................................................................................... ...............................
SP /13
3.4 Review of Contract Documents and Field Conditions by Contractor ...........................
SP /14
3.5 Cleaning and Removal .................................................................. ...............................
SP /15
3.6 Materials, Labor, and Workmanship ........................................... ...............................
SP /15
3.7 Approved Equal ......................................................................... ...............................
SP /16
3.8 Shop Drawings, Product Data and Samples .............................. ...............................
SP /17
3.9 Record Drawings ....................................................................... ...............................
SP /19
3.10 Operating Instructions and Service Manual ................................ ...............................
SP /20
3.11 Contractor's Construction Schedules ......................................... ...............................
SC /20
4. ADMINISTRATION OF THE CONTRACT ................................................... ............................... SC /21
Intentionally Omitted
5. CHANGE ORDERS ....................................................................................... ............................... SP /21
6. TIME ............................................................................................................. ............................... SP /23
6.1 Progress and Completion .............................................................. ...............................
SP /23
6.2 Delay in Completion ...................................................................... ...............................
SP /23
6.3 Liquidated Damages ..................................................................... ...............................
SP /?
7. PAYMENTS AND COMPLETION ............................................................... ...............................
SP /24
7.1 Commencement, Prosecution and Completion ............................ ...............................
SP /24
7.2 Contract Sum .................................................................................. ...............................
SP /25
7.3 Schedule of Values ........................................................................ ...............................
SP /25
7.4 Applications for Payment ................................................................ ...............................
SP /25
7.5 Decisions to Withhold Approval ..................................................... ...............................
SP /26
7.6 Failure of Payment ......................................................................... ...............................
SP /26
7.7 Substantial Completion ................................................................... ...............................
SP /27
7.8 Final Completion and Final Payment ............................................ ...............................
SP /27
8. BONDS ................................................................................................................ ..........................SP /27
8.1 Bonds ........................................................................................... ............................... SP /27
3
9. UNCOVERING AND CORRECTION OF THE WORK .................................. ............................... SP /28
9.1 Uncovering of the Work .......................... ...............................
9.2 Correction of the Work ........................... ...............................
9.3 Acceptance of Nonconforming Work ....... ...............................
SP /28
SP /28
SP /29
10. MISCELLANEOUS PROVISIONS .............................................................. ............................... SP /29
10.1 Written Notice ...............
10.2 Rights and Remedies...
10.3 Tests and Inspections .
10.4 Records ....................
SP /30
SP /30
SP /30
SP /30
M
SUPPLEMENTAL PROVISIONS
1.1 Definitions
As used in the Contract Documents, the following additional terms shall have the meanings and
refer to the parties designated in these definitions.
1.1.1 A/E
When the term "A/E" is used herein, it shall refer to the Architect of Record or the Engineer
specified and defined by the City. Communications to the A/E or any City representatives shall be
copied to the address shown in the Contract for Construction.
1.1.2 Acceptance
Acceptance shall mean that all of the work required by the Contract or individual work orders
issued are fully executed and completed in accordance to the Construction Documents and
permit requirements so that no work remains to be completed. This shall require and include that
all close -out documentation be fully completed, submitted, and approved.
1.1.3 City
The Mayor, City Commission, City Administration and /or the Office of the City Attorney of the City
of Sunny Isles Beach, Florida.
1.1.4 City's Representative
The City's Representative is authorized by the City as the administrator of the Service Contract
and will represent the City during the progress of the Work. Communications from the A/E (when
part of the project) to the Contractor and from the Contractor to the A/E shall include the City's
Representative, unless otherwise indicated in the Service Contract.
1.1.5 Day
The term "day" as used in the Contract Documents shall mean calendar day unless otherwise
specifically defined.
1.1.6 Close -out Documents
The term "close -out" refers to the completion of the project prior to project finalization. It requires
the submission by the Contractor of all pertinent project forms and documents acceptable to the
City inclusive of product illustrations and approved Submittals, original manufacturer warranties
with dates as of substantial completion by the Contractor, contractor's warranties, colored copies
of finalized permits, operation and maintenance manuals for equipment, list of subcontractors
information per trade inclusive of company name, address, telephone and a business card per
subcontractor or material supplier.
1.2 Specifications and Drawings
1.2.1 The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction system, standards and workmanship
and performance of related services for the Work identified in the Contract for
Construction. Specifications are separated into titled divisions for convenience of
reference only. Organization of the Specifications into divisions, sections and articles,
and arrangement of Drawings shall not control the Contractor in dividing the Work among
Subcontractors or in establishing the extent of Work to be performed by any trade. Such
separation will not operate to make the City or the A/E an arbiter of labor disputes or work
agreements. The specifications have been provided within the drawings for the project.
1.2.2 The drawings herein referred to, consist of drawings prepared by the A/E and are
enumerated in the Contract Documents.
1.2.3 Drawings are intended to show general arrangements, design, and dimensions of work
and are partly diagrammatic. Dimensions shall not be determined by scale or rule. If
figured dimensions are lacking, they shall be supplied by the A/E on the Contractor's
written request to the City's Representative.
1.2.4 The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are
complimentary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall by required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce
the intended results.
1.2.5 In the event of inconsistencies within or between parts of the Contract Documents, or
between the Contract Documents and applicable standards, codes and ordinances, the
Contractor shall (1) provide the better quality or greater quantity of Work or (2) comply
with the more stringent requirement; either or both in accordance with the City's
Representative's interpretation. On the Drawings, given dimensions shall take
precedence over scaled measurements, and large scale drawings over small scale
drawings. Before ordering any materials or doing any Work, the Contractor and each
Subcontractor shall verify measurements at the Work site and shall be responsible for the
correctness of such measurements. Any difference which may be found shall be
submitted to the City's Representative and A/E for resolution before proceeding with the
Work. If a minor change in the Work is found necessary due to actual field conditions,
the Contractor shall submit detailed drawings of such departure for the approval by the
City's Representative and A/E before making the change.
1.2.6 Data in the Contract Documents concerning lot size, ground elevations, present
obstructions on or near the site, locations and depths of sewers, conduits, pipes, wires,
etc., position of sidewalks, curbs, pavements, etc., and nature of ground and subsurface
conditions have been obtained from sources the A/E believes reliable, but the A/E and
City do not represent or warrant that this information is accurate or complete. The
Contractor shall verify such data to the extent possible through normal construction
procedures, including but not limited to contacting utility City's and by prospecting.
1.2.7 Only work included in the Contract Documents is authorized, and the Contractor shall do
no work other than that described therein and incidental to the completion of the Work.
1.2.8 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be
performed and correlated personal observations with requirements of the Contract
Documents. Contractor represents that it has performed its own investigation and
examination of the Work site and its surroundings and satisfied itself before entering into
this Contract as to:
conditions bearing upon transportation, disposal, handling, and storage of
materials;
the availability of labor, materials, equipment, water, electrical power, utilities and
roads;
uncertainties of weather, flooding and similar characteristics of the site;
• conditions bearing upon security and protection of material, equipment, and Work
in progress;
• the form and nature of the Work site, including the surface and sub - surface
conditions;
• the extent and nature of Work and materials necessary for the execution of the
Work and the remedying of any defects therein; and
• the means of access to the site and the accommodations it may require and, in
general, shall be deemed to have obtained all information as to risks,
contingencies and other circumstances.
The City assumes no responsibility or liability for the physical condition or safety of the
Work site or any improvements located on the Work site. The Contractor shall be solely
responsible for providing a safe place for the performance of the Work. The City shall not
be required to make any adjustment in either the Contract Sum or Contract Time
concerning any failure by the Contractor or any Subcontractor to comply with the
requirements of this Paragraph.
1.3 Required Provisions Deemed Inserted
1.3.1 Each and every provision of law and clause required by law to be inserted in the Contract
shall be deemed to be inserted therein, and the Contract shall be read and enforced as
though it were included therein; and if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon the written application of either party
the Contract shall forthwith be physically amended to make such insertion or correction.
PROVISION 2
CITY
2.1 City's Right to Carry Out the Work
2.1.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents, and fails within a seven (7) day period after receipt of a written
notice from the City to correct such default or neglect, the City may, without prejudice to
other remedies the City may have, correct such default or neglect. In such case, an
appropriate Change Order shall be issued deducting from payments then or thereafter
due the Contractor the cost of correcting such deficiencies, including compensation for
the A/E's additional services and expenses made necessary by such default or neglect.
If payments then or thereafter due the Contractor are not sufficient to cover such
amounts, the Contractor shall pay the difference to City.
2.1.2 In the event the Contractor has not satisfactorily completed all items on the Punch List
within thirty (30) days of its receipt, or by the Final Completion Date, whichever is latest,
the City reserves the right to complete the Punch List without further notice to the
Contractor or its surety. In such case, City shall be entitled to deduct from payments then
or thereafter due the Contractor the cost of completing the Punch List items, including
compensation for the A/E's additional services. If payments then or thereafter due
Contractor are not sufficient to cover such amounts, the Contractor shall pay the
difference to City.
7
PROVISION 3
CONTRACTOR
3.1 Contractor's Warranty
3.1.1 The Contractor warrants all equipment and materials furnished, and work performed,
under this Contract, against defective materials and workmanship for a period of 1 year
after final acceptance as provided in the Contract, unless a longer period is specified,
regardless of whether the same were furnished or performed by the Contractor or any
Subcontractors of any tier. Upon written notice from the City of any breach of warranty
during the applicable warranty period due to defective material or workmanship, the
affected part or parts thereof shall be repaired or replaced by the Contractor at no cost to
the City. Should the Contractor fail or refuse to make the necessary repairs,
replacements, and tests when requested by the City, the City may perform, or cause the
necessary work and tests to be performed, at the Contractor's expense, or exercise the
City's rights under the Contract.
The Contractor and Surety guarantee and warrant to the City all work as follows
• that all materials and equipment furnished under this Contract will be new and
the best of its respective kind unless otherwise specified;
• that all Work will be of first class quality and free of omissions and faulty, poor
quality, imperfect and defective material or workmanship;
• that the Work shall be entirely watertight and leak proof in accordance with all
applicable industry customs and practices, and shall be free of shrinkage and
settlement;
• that the Work, including but not limited to, mechanical and electrical machines,
devices and equipment, shall be complete systems, fit and fully usable for its
intended and specified purpose and shall operate satisfactorily with ordinary
care;
• that consistent with requirements of the Contract Documents the Work shall be
installed and oriented in such a manner as to facilitate unrestricted access for the
operation and maintenance of fixed equipment; and
• that the Work will be free of abnormal or unusual deterioration which occurs
because of poor quality materials, workmanship or unsuitable storage.
All Work not conforming to guarantees and warranties specified in the Contract
Documents, including substitutions not properly approved and authorized, may be
considered defective. If required by the City, the Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment.
If, within one (1) year after the Date of Final Completion of the Work or within such longer
period of time as may be prescribed by law or by the terms of any applicable special
warranty required by the Contract Documents, any of the Work is found to be defective,
not in accordance with the Contract Documents, or not in accordance with the
guarantees and warranties specified in the Contract documents, the Contractor shall
correct it within five (5) working days or such other period as mutually agreed, after
receipt of a written notice from the City to do so. The City shall give such notice with
reasonable promptness after discovery of the condition. No time extensions will be given
for the correction of defective work.
3.1.2 Should one or more defects appear within the specified period, the City shall have the
right to continue to use or operate the defective part or apparatus until the Contractor
makes repairs or replacements or until such time as it can be taken out of service without
loss or inconvenience to the City.
3.1.3 The above warranties are not intended as a limitation, but are in addition to all other
express warranties set forth in this Contract and such other warranties as are implied by
law, custom, and usage of trade. The Contractor, and its surety or sureties, if any, shall
be liable for the satisfaction and full performance of the warranties set forth herein.
3.1.4 Neither the final payment nor any provision in the Contract Documents nor partial or
entire occupancy of the premises by the City, nor expiration of warranty stated herein, will
constitute an acceptance of Work not done in accordance with the Contract Documents
or relieve the Contractor of liability in respect to any responsibility for non - conforming
work. The Contractor shall immediately remedy any defects in the Work and pay for any
damage to other Work resulting there from upon written notice from the City. Should the
Contractor fail or refuse to remedy the non - conforming work, the City may perform, or
cause to be performed the work necessary to bring the work into conformance with the
Contract Documents at the Contractor's expense.
3.1.5 The Contractor agrees to defend, indemnify, and save harmless the City of Sunny Isles
Beach, their Officers, Agents, Employees and Volunteers, from and against all loss or
expense from any injury or damages to property of others suffered or incurred on account
of any breech of the aforesaid obligations and covenants.
3.2 Supervision and Construction Procedures
3.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over
construction means, methods, techniques, sequences, and procedures and for
coordinating all portions of the Work under the Contract. The Contractor shall supply
sufficient and competent supervision and personnel, and sufficient material, plant, and
equipment to prosecute the Work with diligence to ensure completion thereof within the
time specified in the Contract Documents, and shall pay when due any laborer,
Subcontractor of any tier, or supplier.
3.2.2 The Contractor, if an individual, shall give the Work an adequate amount of personal
supervision, and if a partnership or corporation or joint venture the Work shall be given an
adequate amount of personal supervision by a partner or executive officer, as determined
by the City's Representative.
3.2.3 The Contractor and each of its Subcontractors of any tier shall submit to the City such
schedules of quantities and costs, progress schedules, payrolls, reports, estimates,
records, and other data as the City may request concerning Work performed or to be
performed under the Contract.
3.2.4 The Contractor shall be represented at the site by a competent superintendent from the
beginning of the Work until its final acceptance. The superintendent for the Contractor
shall exercise general supervision over the Work and such superintendent shall have
decision making authority of the Contractor. Communications given to the
superintendent shall be binding as if given to the Contractor.
3.2.5 The Contractor shall establish and maintain a permanent bench mark to which access
may be had during progress of the Work, and Contractor shall establish all lines and
levels, and shall be responsible for the correctness of such. Contractor shall be fully
responsible for all layout work for the proper location of Work in strict accordance with the
Contract Documents.
3.2.6 The Contractor shall be responsible for repair of damage to property on or off the project
occurring during construction of project, and all such repairs shall be made to meet code
requirements or to the satisfaction of the City's Representative if code is not applicable.
0
3.2.7 The Contractor shall be responsible for all shoring required to protect its work or adjacent
property and shall pay for any damage caused by failure to shore or by improper shoring
or by failure to give proper notice. Shoring shall be removed only after completion of
permanent supports.
3.2.8 The Contractor shall maintain at his own cost and expense, adequate, safe and sufficient
walkways, platforms, scaffolds, ladders, hoists and all necessary, proper, and adequate
equipment, apparatus, and appliances useful in carrying on the Work and which are
necessary to make the place of Work safe and free from avoidable danger, and as may
be required by safety provisions of applicable laws, ordinances, rules regulations and
building and construction codes.
3.2.9 During the performance of the Work, the Contractor shall be responsible for providing
and maintaining warning signs, lights, signal devices, barricades, guard rails, fences, and
other devices appropriately located on site which shall give proper and understandable
warning to all persons of danger of entry onto land, structure, or equipment.
3.2.10 The Contractor shall be responsible for care of the Work and must protect same from
damage of defacement until acceptance by the City. All damaged or defaced Work shall
be repaired or replaced to the City's satisfaction, without cost to the City.
3.2.11 When requested by the City's Representative, the Contractor, at no extra charge, shall
provide scaffolds or ladders in place as may be required by the ME or the City for
examination of Work in progress or completed.
3.2.12 The Contractor shall be responsible to the City for acts and omissions of the Contractor's
employees, Subcontractors of any tier and their agents and employees, and any entity or
other persons performing portions of the Work.
3.2.13 The Contractor shall not be relieved of its obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of the City's Representative or
A/E in their administration of the Contract, or by tests, inspections or approvals required
or performed by persons other than the Contractor.
3.2.14 The Contractor shall be responsible for inspection of portions of the Work already
performed under this Contract to determine that such portions are in proper condition to
receive subsequent Work.
3.2.15 Job site safety is the responsibility of the Contractor. Any costs associated with providing
a safe construction site, including staging areas, per all State, Federal, City and OSHA
regulations are included in the bid price submitted.
The Contractor shall take all reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury or loss to:
• all employees on the Work and all other persons who may be affected thereby;
• all the Work and all materials and equipment to be incorporated therein, whether
in storage on or off the site, under the care, custody or control of the Contractor
or any of his Subcontractors or Sub subcontractors, machinery, equipment and
all hazards shall be guarded or eliminated in accordance with all applicable
safety regulations; and
fro
other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
3.2.16 OSHA Safety — OSHA 1926 Construction Standard.
3.2.16.1 The Contractor shall give all notices and comply with all applicable laws,
ordinances, permits, rules, regulations and lawful orders of any public
authority bearing on the safety or persons or property or their protection
from damage, injury or loss. Contractors shall comply with the
requirements of the Trench Safety Act, Chapter 553, Florida Statutes.
Each specific subcontract within the scope of such act shall be in
compliance with the Act and Contractor hereby acknowledges the Bid
complies with and was prepared in accordance with the Act. The Trench
Safety Compliance Act Form is located in Section B of this bid package.
3.2.16.2 The Contractor shall at all times safely guard the City's property from
injury or losses in connection with the Contract. Contractor shall at all
times safely guard and protect work and adjacent property from damage
as provided by law and the Contract Documents. All passageways,
guard fences, lights and other facilities required for protection by
applicable safety regulations must be provided and maintained by the
Contractor.
3.2.16.3 The Contractor shall erect and maintain, as required by existing
conditions and progress of the Work, all reasonable safeguards for
safety and protection, including posting danger signs and other warnings
against hazards, promulgating safety regulations and notifying Citys and
users of adjacent utilities.
3.2.16.4 When the use or storage of explosives or other hazardous materials or
equipment is necessary for the execution of the Work, the Contractor
shall exercise the utmost care and shall carry on such activities under
the supervision of properly qualified personnel.
3.2.16.5 Asbestos Assessment applies to renovation /construction of existing
buildings /structures.
3.2.16.6 Material Safety Data Sheets
a. Any Contractor bringing chemicals on -site must provide the City
the appropriate hazard information on these substances,
including the labels used and the precautionary measures being
taken in working with these chemicals.
3.2.16.7 The Contractor shall promptly remedy, at the Contractor's own cost and
expense, all damage or loss to any property caused in whole or in part
by the Contractor, any Subcontractor, any Sub subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable and for which the Contractor is
responsible. The foregoing obligations of the Contractor are in addition to
obligations under the agreement. In case of failure on the part of the
Contractor to make good such damage, the City may, upon two (2)
calendar days written notice, proceed to repair, rebuild or otherwise
restore such property as may be necessary, and the cost thereof will be
deducted from any monies due or to become due the Contractor.
3.2.16.8 The Contractor is responsible for the proper packing, shipping, handling
and storage (including but not limited to shipment or storage at the
proper temperature and humidity) of materials to be incorporated in the
Work, so as to insure the preservation of the quality and fitness of the
material for proper installation and incorporation in the Work. For
example, but not by way of limitation, Contractor shall, when necessary,
place material on wooden platforms or other hard and clean surfaces
and not on the ground, and place material under cover in any appropriate
shelter or facility. Stored materials or equipment shall be located so as to
facilitate proper inspection. Material and equipment, which is delivered
crated, shall remain crated until ready for installation. Lawns, grass plots
or other private property shall not be used for storage purposes without
written permission of City or lessee unless otherwise within terms of the
easements obtained by the City.
3.2.16.9 The Contractor shall give notice in writing at least 48 hours before
breaking ground, to all persons, Public Utility Companies, public
agencies, government agencies owners of property having structures or
improvements in proximity to site of the Work, superintendents,
inspectors, or those otherwise in charge of property, streets, water pipes,
gas pipes, sewer pipes, telephone cables, electric cables, railroads or
otherwise, who may be affected by the Contractor's operation, in order
that they may remove any obstruction for which they are responsible and
have representative on site to see that their property is properly
protected.
3.2.16.10 Contractor shall field locate all utilities and acknowledges that all utilities
are not necessarily shown in the Contract Documents, or may be
incorrectly located thereon. The Contractor shall protect all utilities
encountered while performing its work, whether indicated on the Contract
Drawings or not. The Contractor shall maintain utilities in service until
moved or abandoned. The Contractor shall exercise due care when
excavating around utilities and shall restore any damaged utilities to the
same condition or better as existed prior to starting the Work, at no cost
to the City. The Contractor shall maintain operating utilities or other
services, even if they are shown to be abandoned on the Contract
Drawings, in service until new facilities are provided, tested and ready for
use.
3.2.16.11 The Contractor shall return all improvements on or about the site and
adjacent property which are not shown to be altered, removed or
otherwise changed to conditions which existed prior to starting work.
3.2.16.12 The Contractor shall protect the Work, including but not limited to, the
site, stored materials and equipment, excavations, and excavated or
stockpiled soil or other material, intended for use in the Work, and shall
take all necessary precautions to prevent or minimize damage to same
or detrimental effect upon performance caused by or due to rain, snow,
ice, run off, floods, temperature, wind, dust, sand and flying debris.
3.2.16.13 The Contractor's superintendent shall take all steps reasonably
necessary to prevent accidents and protect workers, material, equipment
and property.
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3.2.16.14 The Contractor shall not load or permit any part of the Work to be loaded
so as to endanger its safety.
3.2.17. EMERGENCIES
3.2.17.1 In any emergency affecting the safety of persons or property, the
Contractor shall act to prevent threatened damage, injury or loss. The
Contractor shall notify the City of the situation and all actions taken
immediately thereafter. If, in the opinion of the Contractor, immediate
action is not required, the Contractor shall notify the City of the
emergency situation and proceed in accordance with the City's
instructions. Any additional compensation or extension of time claimed
by the Contractor on account of emergency work shall be determined as
provided in the Agreement.
3.2.17.2 Material Safety Data Sheets
Any Contractor bringing chemicals on -site must provide the City the
appropriate hazard information on these substances, including the labels
used and the precautionary measures being taken in working with these
chemicals.
The Contractor shall promptly remedy, at the Contractor's own cost and
expense, all damage or loss to any property caused in whole or in part
by the Contractor, any Subcontractor, any Sub subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone for whose
acts any of them may be liable and for which the Contractor is
responsible. In case of failure on the part of the Contractor to make good
such damage, the City may, upon two (2) calendar days written notice,
proceed to repair, rebuild or otherwise restore such property as may be
necessary, and the cost thereof will be deducted from any monies due or
to become due the Contractor.
The Contractor is solely responsible for any fees, fines, or expenses
incurred and any delays caused by OSHA fees, fines, expenses or shut
downs do not constitute a right to claim for a time extension.
3.3 Use of Site
3.3.1 The Contractor shall limit operations and storage of material to the area within the Work
limit lines shown on Drawings, except as necessary to connect to exiting utilities, shall not
encroach on neighboring property, and shall exercise caution to prevent damage to
existing structures.
3.3.2 Only materials and equipment, which are to be used directly in the Work, shall be brought
to and stored on the Work site by the Contractor. After equipment is no longer required
for the Work, it shall be promptly removed from the Work site. Protection of construction
materials and equipment stored at the Work site from weather, theft, damage and all
other adversity is solely the responsibility of the Contractor.
3.3.3 No project signs shall be erected without the written approval of the City's
Representative.
3.3.4 The Contractor shall ensure that the Work is at all times performed in a manner that
affords reasonable access, both vehicular and pedestrian, to the site of the Work and all
adjacent areas. The Work shall be performed, to the fullest extent reasonably possible,
in such a manner that public areas adjacent to the site of the Work shall be free from all
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debris, building materials and equipment likely to cause hazardous conditions. Without
limitation of any other provision of the Contract Documents, Contractor shall not interfere
with the occupancy or beneficial use of (1) any areas and buildings adjacent to the site of
the Work or (2) the Work in the event of partial occupancy. Contractor shall assume full
responsibility for any damage to the property comprising the Work or to the City or
occupant of any adjacent land or areas resulting from the performance of the Work.
3.3.5 The Contractor shall not permit any workers to use any existing facilities at the Work site,
including, without limitation, lavatories, toilets, entrances, and parking areas other than
those designated by City. The Contractor, Subcontractors of any tier, suppliers and
employees shall comply with instructions or regulations of the City's Representative
governing access to, operation of, and conduct while in or on the premises and shall
perform all Work required under the Contract Documents in such a manner as not to
unreasonably interrupt or interfere with the conduct of City's operations. Any request for
Work, a suspension of Work or any other request or directive received by the Contractor
from occupants of existing buildings shall be referred to the City's Representative for
determination.
3.3.6 The Contractor and the Subcontractor of any tier shall have its' name, acceptable
abbreviation or recognizable logo and the name of the city and state of the mailing
address of the principal office of the company, on each motor vehicle and motorized self -
propelled piece of equipment which is used in connection with the project. The signs are
required on such vehicles during the time the Contractor is working on the project.
3.3.7 The Contractor shall not unreasonably encumber the site, in the opinion of the City with
any materials, equipment or trailers, nor shall the Contractor block the entrances or
otherwise prevent reasonable access to the site, other working and parking areas,
completed portions of the Work and /or properties, storage areas, or areas of other
facilities that are adjacent to the worksite. If the Contractor fails or refuses to move said
material, equipment or trailers within 24 hours of notification by the City to so do, the City
shall have the right, without further notice, to remove, at the Contractor's expense, any
material, equipment and /or trailers which the City deems are in violation of this
paragraph. Site security is the sole responsibility of the Contractor.
3.4 Review of Contract Documents and Field Conditions by Contractor
3.4.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the A/E and City and shall at once report in
writing to the A/E and City's Representative any errors, inconsistencies or omissions
discovered. Contractor shall have thirty (30) days following the date of Award of Contract
to report to the A/E and the City, errors, inconsistencies or omissions therein. If the
Contractor performs any construction activity which it knows or should have known
involves a recognized error, inconsistency or omission in the Contract Documents without
such written notice to the A/E and City's Representative, the Contractor shall assume
appropriate responsibility for such performance and shall bear an appropriate amount of
the attributable costs for correction.
3.4.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known
to the Contractor with the Contract Documents before commencing activities. Errors,
inconsistencies or omissions discovered shall be reported in writing to the A/E and City's
Representative within twenty -four (24) hours. During the progress of work, Contractor
shall verify all field measurements prior to fabrication of building components or
equipment, and proceed with the fabrication to meet field conditions. Contractor shall
consult all Contract Documents to determine the exact location of all work and verify
ILI
spatial relationships of all work. Any question concerning said location or spatial
relationships shall be submitted to the City's Representative. Specific locations for
equipment, pipelines, ductwork and other such items of work, where not dimensioned on
plans, shall be determined in consultation with City's Representative and A/E. Contractor
shall be responsible for the proper fitting of the Work in place.
3.4.3 Should the Contract Documents fail to particularly describe materials or goods to be
used, it shall be the duty of the Contractor to inquire of the A/E and the City's
Representative what is to be used and to supply it at the Contractor's expense, or else
thereafter replace it to the City's Representative's satisfaction. At a minimum, the
Contractor shall provide the quality of materials as generally specified throughout the
Contract Documents.
3.4.4 Contractor shall not be entitled to an adjustment in the Contract time or an adjustment in
the Contract Sum if a change or Work is required due to an error, inconsistency, omission
or violation that the Contractor failed to timely report.
3.4.5 Contractor shall be responsible for inspection of portions of Work already performed
under Contract to determine that such portions are in proper condition to receive
subsequent Work.
3.5 Cleaning and Removal
3.5.1 The Contractor shall keep the Work site and surrounding areas free from accumulation of
waste materials, rubbish, debris, and dirt resulting from the Work and shall clean the
Work site and surrounding areas as requested by the A/E and the City's Representative,
including mowing of grass greater than 6 inches high. The Contractor shall be
responsible for the cost of clean up and removal of debris from premises. The building
and premises shall be kept clean, safe, in a workmanlike manner, and in compliance with
OSHA standards at all times. At completion of the Work, the Contractor shall remove
from and about the Work site tools, construction equipment, machinery, fencing, and
surplus materials. Further, at the completion of the work, all dirt, stains, and smudges
shall be removed from every part of the building, all glass in doors and windows shall be
washed, and entire Work shall be left broom clean in a finished state ready for
occupancy. The Contractor shall advise his Subcontractors of any tier of this provision,
and the Contractor shall be fully responsible for leaving the premises in a finished state
ready for use to the satisfaction of the City's Representative. If the Contractor fails to
comply with the provisions of this paragraph, the City may do so and the cost thereof
shall be charged to the Contractor.
3.6 Materials, Labor, and Workmanship
3.6.1 Materials and equipment incorporated into the Work shall strictly conform to the Contract
Documents and representations and approved Samples provided by Contractor and shall
be of the most suitable grade of their respective kinds for their respective uses, and shall
be fit and sufficient for the purpose intended, merchantable, of good new material and
workmanship, and free from defect. Workmanship shall be in accordance with the highest
standard in the industry and free from defect in strict accordance with the Contract
Documents.
3.6.2 Materials and fixtures shall be new and of latest design unless otherwise specified, and
shall provide the most efficient operating and maintenance costs to the City. All Work
shall be performed by competent workers and shall be of best quality.
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3.6.3 The Contractor shall carefully examine the Contract Documents and shall be responsible
for the proper fitting of his material, equipment, and apparatus into the building.
3.6.4 The Contractor shall base his bid only on the Contract Documents.
3.6.5 Materials and workmanship shall be subject to inspection, examination, and test by the
A/E and the City's Representative at any and all times during manufacture, installation,
and construction of any of them, at places where such manufacture, installation, or
construction is performed.
3.6.6 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.6.7 Unless otherwise specifically noted, the Contractor shall provide and pay for supervision,
labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for the proper
execution and completion of the Work.
3.7 Approved Equal
3.7.1 Whenever in the Contract Documents any article, appliance, device, or material is
designated by the name of a manufacturer, vendor, or by any proprietary or trade name,
the words "or approved equal," shall automatically follow and shall be implied unless
specifically indicated otherwise. The standard products of manufacturers other than those
specified will be accepted when, prior to the ordering or use thereof, it is proven to the
satisfaction of the City's Representative and the A/E they are equal in design,
appearance, spare parts availability, strength, durability, usefulness, serviceability,
operation cost, maintenance cost, and convenience for the purpose intended. Any
general listings of approved manufacturers in any Contract Document shall be for
informational purposes only and it shall be the Contractor's sole responsibility to ensure
that any proposed "or equal" complies with the requirements of the Contract Documents.
3.7.2 The Contractor shall submit to A/E and City's Representative a written and full description
of the proposed "or equal" including all supporting data, including technical information,
catalog cuts, warranties, test results, installation instructions, operating procedures, and
similar information demonstrating that the proposed "or equal" strictly complies with the
Contract Documents. The A/E or City's Representative shall take appropriate action with
respect to the submission of a proposed "or equal" item. If Contractor fails to submit
proposed "or equals" as set forth herein, it shall waive any right to supply such items.
The Contract Sum and Contract Time shall not be adjusted as a result of any failure by
Contractor to submit proposed "or equals" as provided for herein. All documents
submitted in connection with preparing an "or equal" shall be clearly and obviously
marked as a proposed "or equal" submission.
3.7.3 No approvals or action taken by the A/E or City's Representative shall relieve Contractor
from its obligation to ensure that an "or equal" article, appliance, devise or material strictly
complies with the requirements of the Contract Documents. Contractor shall not propose
"or equal" items in connection with Shop Drawings or other Submittals, and Contractor
acknowledges and agrees that no approvals or action taken by the A/E or City's
Representative with respect to Shop Drawings or other Submittals shall constitute
approval of any "or equal" item or relieve Contractor from its sole and exclusive
responsibility. Any changes required in the details and dimensions indicated in the
Contract Documents for the incorporation or installation of any "or equal" item supplied by
the Contractor shall be properly made and approved by the A/E at the expense of the
Contractor. No 'or equal' items will be permitted for components of or extensions to
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existing systems when, in the opinion of the A/E, the named manufacturer must be
provided in order to ensure compatibility with the existing systems, including, but not
limited to, mechanical systems, electrical systems, fire alarms, smoke detectors, etc. No
action will be taken by the A/E with respect to proposed "or equal" items prior to receipt of
bids, unless otherwise noted in the Special Conditions.
3.8 Shop Drawings, Product Data and Samples
3.8.1 Shop Drawings are drawings, diagrams, schedules and other data specifically prepared
for the Work by the Contractor or a Subcontractor, sub - subcontractor, manufacturer,
supplier or distributor to illustrate the specific requirements for some portion of the Work.
The A/E's construction drawings shall not be used as Shop Drawings.
3.8.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate
materials or equipment for some portion of the Work.
3.8.3 Samples are physical samples which illustrate materials, equipment or workmanship and
establish standards by which the Work will be judged.
3.8.4 The Contractor, at its own expense, shall submit Samples required by the Contract
Documents with reasonable promptness as to cause no delay in the Work or the activities
of separate contractors and no later than twenty (20) days before materials are required
to be ordered for scheduled delivery to the Work site. Samples shall be labeled to
designate material or products represented, grade, place of origin, name of producer,
name of Contractor and the name and number of the City's project. Quantities of
Samples shall be twice the number required for testing so that A/E can return one set of
the Samples. Materials delivered before receipt of A/E's approval may be rejected by A/E
and in such event, Contractor shall immediately remove all such materials from the Work
site. When requested by A/E or City's Representative, samples of finished masonry and
field applied paints and finishes shall be located as directed and shall include sample
panels built at the site of approximately twenty (20) square feet each.
3.8.5 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar Submittals until the respective
submittal has been submitted by the Contractor and approved by the A/E. Such Work
shall be in accordance with approved submittals.
■ The Contractor shall review, approve and submit, with reasonable promptness
and in such sequence as to cause no delay in the Work or in the work of the City
or any separate contractor, all Submittals required by the Contract Documents.
Unless otherwise directed in writing, the Contractor shall submit no less than six
(6) copies, unless specified otherwise, of each Submittal to the City. Routing of
said Submittals will be from the Contractor to the City to the City Representative
and /or Engineer. The City will return three (3) copies of each Submittal directly to
the Contractor. Contractor shall submit 2 of the three approved submittals from
the City representative to the Building Department as part of the permitting
documents required. Such submittals shall contain all signatures and related
seals as necessary and as required by the Building Department to secure an
approval from the Building Department.
For standard manufactured items not requiring special shop drawings for
manufacture, submit six (6) copies, unless specified otherwise, of manufacturer's
catalog sheets showing illustrated cuts of item to be furnished, scale details,
17
sizes, dimensions, performance characteristics, capacities, wiring diagrams and
controls, and all other pertinent information. Four (4) copies of reviewed
submissions will be returned to the Contractor.
• For all other shop drawings, submit one (1) legible, unfolded, reproducible,
transparencies and five (5) opaque prints for each drawing. Each drawing shall
have a clear space for stamps. When phrase "by others" appears on shop
drawings, the Contractor shall indicate on the drawing who is to furnish material
or operations so marked before submittal.
• The Contractor shall submit samples in triplicate of adequate size showing
quality, type, color range, finish and texture, unless otherwise specified.
• Where the technical specifications call for the submittal of manufacturer's data or
any other information to the City for information only, such Submittals shall be
made before the commencement of any portion of the Work requiring such
submission. Four (4) copies shall be submitted and one (1) will be returned to
the Contractor.
• For use of all trades, the Contractor shall provide such number of prints as are
required for field distribution. All communications and transactions with
manufacturers or Subcontractors shall be through the Contractor. Where
specifications require manufacturer's printed installation instructions, the
Contractor shall submit copies of such instructions for review. Where several
materials are specified by name for one use, select for use any of those so
specified. Whenever item or class of material is specified exclusively by trade
name, manufacturer's name, or by catalog reference, use only such item, unless
written approval for substitution is secured.
• No portion of the Work requiring submission of Submittals shall be commenced
or fabricated by the Contractor except at the Contractor's own risk, until the
Submittal has been reviewed by the City. All such portions of the Work shall be
in accordance with reviewed Submittals.
By approving and submitting Shop Drawings, Product Data, Manuals and
Samples, etc. the Contractor represents that the Contractor has determined and
verified all materials, field measurements, and field construction criteria and that
the Contractor has checked and coordinated the information contained within
such submittals with the requirements of the Work and of the Contract
Documents. The Contractor shall adhere to any supplementary processing and
scheduling instructions pertaining to Shop Drawings, which may be issued by the
City.
■ Parts and details not fully indicated on the contract drawings shall be detailed by
the Contractor in accordance with standard engineering practice. Dimensions on
the Contract Drawings, as well as detailed drawings themselves are subject in
every case to measurements of existing, adjacent, incorporated and completed
work, which shall be taken by the Contractor before undertaking any work
dependent on such data.
3.8.6 By approving and submitting signed and sealed Shop Drawings, Product Data, Samples
and similar submittals, the Contractor represents such Submittals strictly comply with the
requirements of the Contract Documents and that the Contractor has determined and
verified field measurements and field construction criteria related thereto, that materials
are fit for their intended use and that the fabrication, shipping, handling, storage,
assembly and installation of all materials, systems and equipment are in accordance with
L
best practices in the industry and are in strict compliance with any applicable
requirements of the Contract Documents. Contractor shall also coordinate each
Submittal with other Submittals.
3.8.7 Contractor shall be responsible for the correctness and accuracy of the dimensions,
measurements and other information contained in the Submittals. In the event Submittals
have been rejected two or more times as a result of the Contractor's failure to submit the
proper documentation, the Contractor shall be responsible for the cost associated with
the A/E's review. The Contractor shall make corrections required by the City and shall
resubmit the required number of corrected copies of Submittals. The Contractor shall
direct specific attention, in writing or on resubmitted Submittals, to revisions other than
those requested by the City on previous Submittals. Resubmittals necessitated by
required corrections due to Contractor's errors or omissions shall not be cause for
extension of Contract Time.
3.8.8 Each Submittal will bear a stamp or specific indication that the Submittal complies with
the Contract Documents and Contractor has satisfied its obligations under the Contract
Documents with respect to Contractor's review and approval of that Submittal. Each
Submittal shall bear the signature of the representative of Contractor who approved the
Submittal, together with the Contractor's name, City's name, number of the Project, and
the item name and specification section number.
3.8.9 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by the A/E's approval of Shop Drawings, Product Data, Samples
or similar submittals. The Contractor shall not be relieved of responsibility for errors or
omissions in Shop Drawings, Product Data, Samples or similar Submittals by the A/E's
approval thereof. Specifically, but not by way of limitation, Contractor acknowledges that
A/E's approval of Shop Drawings shall not relieve Contractor for responsibility for errors
and omissions in the Shop Drawings since Contractor is responsible for the correctness
of dimensions, details and the design of adequate connections and details contained in
the Shop Drawings.
3.8.10 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples or similar Submittals, to revisions other than those requested by
the A/E on previous Submittals.
3.8.11 The Contractor represents and warrants that all Shop Drawings shall be prepared by
persons and entities possessing expertise and experience in the trade for which the Shop
Drawing is prepared and, if required by the A/E or applicable Regulations, by a licensed
engineer or other design professional.
3.9 Record Drawings
3.9.1 The Contractor shall maintain a set of Record Drawings on site in good condition and
shall use colored pencils to mark up said set with "record information" in a legible manner
to show: (1) bidding addendums, (2) executed change orders, (3)deviations from the
Drawings made during construction; (4) details in the Work not previously shown; (5)
changes to existing conditions or existing conditions found to differ from those shown on
any existing drawings; (6) the actual installed position of equipment, piping, conduits, light
switches, electric fixtures, circuiting, ducts, dampers, access panels, control valves,
drains, openings, and stub -outs; and (7) such other information as either City or A/E may
reasonably request. The prints for Record Drawing use will be a set of "blue line" prints
provided by A/E to Contractor at the start of construction. Upon Substantial Completion
of the Work, Contractor shall deliver all Record Drawings to City and A/E for approval. If
not approved, Contractor shall make the revisions requested by A/E or City's
Representative. Final payment and any retainage shall not be due and owing to
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Contractor until the final Record Drawings marked by Contractor as required above are
delivered to City.
3.10 Operating Instructions and Service Manuals
3.10.1 The Contractor shall submit four (4) volumes of operating instructions and service
manuals to the A/E before completing 50% of the adjusted contract amount. Payments
beyond 50% of the adjusted contract amount may be withheld until all operating
instructions and service manuals are received. The operating instructions and service
manuals shall contain:
• Start-up and Shutdown Procedures: Provide a step -by -step write up of all major
equipment. When manufacturer's printed start-up, trouble shooting and shut-
down procedures are available, they may be incorporated into the operating
manual for reference.
• Operating Instructions: Written operating instructions shall be included for the
efficient and safe operation of all equipment.
• Equipment List: List of all major equipment as installed shall include model
number, capacities, flow rate, and name -plate data.
• Service Instructions: The Contractor shall be required to provide the following
information for all pieces of equipment.
A. Recommended spare parts including catalog number and name of local
suppliers or factory representative.
B. Belt sizes, types, and lengths.
C. Wiring diagrams.
Manufacturer's Certificate of Warranty: Manufacturer's certificates of warranty
shall be obtained for all major equipment. Warranty shall be obtained for at least
one year from the date of Contractor's Substantial Completion. Where longer
period is required by the Contract Documents or provided for by the
manufacturer, the longer period shall govern.
■ Parts catalogs: For each piece of equipment furnished, a parts catalog or similar
document shall be provided which identifies the components by number for
replacement ordering.
3.10.2 Submission
Manuals shall be bound into volumes of standard 8 1/2" x 11" hard binders.
Large drawings too bulky to be folded into 8 1/2" x 11" shall be separately bound
or folded and in brown envelopes, cross referenced and indexed with the
manuals.
The manuals shall identify the City's project name, project number, and include
the name and address of the Contractor and major Subcontractors of any tier
who were involved with the activity described in that particular manual.
3.11 Contractor's Construction Schedules
3.11.1 The Contractor, within fifteen (15) days after the issuance of the Notice to Proceed, shall
prepare and submit for the City's and A/E's information Contractor's construction
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schedule for the Work and shall set forth interim dates for completion of various
components of the Work and Work Milestone Dates as defined herein. The schedule
shall not exceed time limits current under the Contract Documents, shall be revised at
appropriate intervals as required by the conditions of the Work, and shall provide for
expeditious and practicable execution of the Work. The Contractor shall conform to the
most recent schedule.
The Construction Schedule must not exceed the time allowed by the RFP or stated by
the Contractor in the RFP unless approved by the City in writing. Contractor shall provide
a monthly update to the schedule; however, in the event that the schedule changes the
Contractor MUST provide a justification for the same that must be approved by the City.
In no event shall the date of completion change from the original approved date at the
time an Agreement is entered into without written approval from the City representative.
3.11.2 The construction schedule shall be in a detailed format satisfactory to the City's
Representative and the A /E. If the City's Representative or A/E has a reasonable
objection to the schedule submitted by Contractor, the construction schedule shall be
promptly revised by the Contractor. The Contractor shall monitor the progress of the
Work for conformance with the requirements of the construction schedule and shall
promptly advise the City of any delays or potential delays.
3.11.3 In the event the City's Representative or A/E determines that the performance of the
Work, as of a Milestone Date, has not progressed or reached the level of completion
required by the Contract Documents, the City shall have the right to order the Contractor
to take corrective measures (without additional cost to the City) necessary to expedite the
progress of construction, including, without limitation, (1) working additional shifts or
overtime, (2) supplying additional manpower, equipment, facilities, (3) expediting delivery
of materials, and (4) other similar measures (hereinafter referred to collectively as
Extraordinary Measures). Such Extraordinary Measures shall continue until the progress
of the Work complies with the stage of completion required by the Contract Documents.
The City's right to require Extraordinary Measures is solely for the purpose of ensuring
the Contractor's compliance with the construction schedule. The Contractor shall not be
entitled to an adjustment in the Contract Sum concerning Extraordinary Measures
required by the City under or pursuant to this provision. The City may exercise the rights
furnished the City under or pursuant to this provision as frequently as the City deems
necessary to ensure that the Contractor's performance of the Work will comply with any
Milestone Date or completion date set forth in the Contract Documents,
PROVISION 4
ADMINISTRATION OF THE CONTRACT
REFER TO AGREEMENT
PROVISION 5
CHANGE ORDERS
5.1 The City, as authorized by its governing body, may authorize written Change Orders regarding
changes in, or additions to, Work to be performed or materials to be furnished pursuant to the
provisions of the Contract Documents.
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5.2 The amount of adjustment in the contract price for authorized Change Orders will be agreed upon
before such Change Orders becomes effective and will be determined as follows:
5.2.1 By an acceptable unit price or lump sum proposal from the Contractor and the Subcontractors of
any tier. Breakdowns shall be of sufficient detail to allow evaluation by the City and include a
listing of each item of material with unit prices and number of hours of labor for each task. For
Subcontracted work, all cost information and breakdowns must be submitted on Subcontractor's
company letterhead for the review of the City. The total cost of the change order must reflect
each task or subcontracted work and be provided on the Contractor's letterhead. All attachments
must be included to be considered.
5.2.2 By a time and material basis with or without a specified maximum, including all overhead and
profit, total cost not to exceed maximum specified. The City's Representative will approve daily
the Contractor's time and material for the Work. Time must be submitted on daily time sheets.
Hourly rates must be negotiated prior to commencement of work.
5.3 Overhead and profit on Change Orders shall be applied as follows:
5.3.1 The overhead and profit charged by the Contractor shall be considered to include, but not
limited to, performance and payment bond, job site office expense, normal hand tools,
incidental job supervision, field supervision, company benefits, general office overhead,
and other incidentals. The percentages for overhead and profit charged on Change
Orders shall be negotiated and may vary according to the nature, extent, and complexity
of the Work involved but in no case shall exceed the following:
Overhead and Profit
Not to exceed 12% combined (specific percentage will be negotiated at the time of
request)
Not more than three mark -ups, not to exceed individual maximums shown above, shall
be allowed regardless of the number of tier subcontractors. Overhead and profit shall be
shown separately for each subcontractor of any tier and the Contractor.
5.3.2 On proposals covering both increases and decreases in the amount of the Contract, the
application of overhead and profit shall be on the net change in direct cost for the
Contractor or Subcontractor of any tier performing the Work.
5.4 The contractor shall provide Change Order pricing and backup in a timely manner. No claim for
an addition to the Contract sum will be valid unless authorized in writing by the City.
5.5 No changes or additions to work to be performed, materials to be furnished, or in the provisions of
the Contract will be authorized until execution and delivery by the City to the Contractor of the
written order referred to in this paragraph. Any work completed by the Contractor outside the
original project scope without written approval from the City will be deemed as a waiver by the
Contractor for additional compensation for said work.
5.6 If the Contractor asserts that any instructions, information, event or occurrence has caused a
change in or addition to the Work which change causes an increase or decrease in the
Contractor's cost or time required for the performance of any part of the Work under the Contract,
the Contractor shall give the City written notice before conditions are disturbed and before
proceeding to execute the Work. Contractor's notice shall be given promptly enough to avoid
delaying the Work and in no instance later than seventy two hours after such instructions,
information, event or occurrence has caused a change. If the City agrees that the Work involved
is extra Work, a Change Order shall be issued as provided in this Article. No claims for extra
Work shall be allowed unless the notice required by this Article is given by the Contractor within
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the time allowed, unless the Work is performed pursuant to the written order of the City as
provided in this Article. Contractor's notice shall include the instructions or circumstances that
are the basis of the claim and the Contractor's best estimate of the cost and time involved.
PROVISION 6
TIME
6.1 Progress and Completion
6.1.1 Contractor acknowledges and agrees that time is of the essence.
6.1.2 Contract Time is the period of time set forth in the Contract for Construction required for
Substantial Completion and Final Completion of the entire Work or portions of the Work
as defined in the Contract Documents. Time limits stated in the Contract Documents are
of the essence of the Contract. The Contract Time may only be changed by a Change
Order. By executing the Contract, the Contractor confirms that the Contract Time is a
sufficient period for performing the Work in its entirety.
6.1.3 The Contractor shall not knowingly, except by agreement or instruction of the City in
writing, prematurely commence operations on the site or elsewhere prior to the effective
date of insurance and bonds.
6.1.4 The Contractor shall proceed expeditiously and diligently with adequate forces and shall
achieve Substantial Completion and Final Completion within the time specified in the
Contract Documents.
6.2 Delay in Completion
6.2.1 The Contractor shall be liable for all of the City's damages for delay in achieving
Substantial Completion and /or Final Completion of the entire Work or portions of Work as
set forth in the Contract Documents within the Contract Time unless liquidated damages
are specifically provided for in the Contract Documents. If liquidated damages are
specifically provided for in the Contract for Construction, Contractor shall be liable for
such liquidated damages.
6.2.2 All time limits stated in the Contract are of the essence of the Contract. However, if the
Contractor is delayed at any time in the progress of the Work by any act or neglect of the
City or by the City's Representative, by changes ordered in the Work, by strikes, lockouts,
abnormal weather conditions, jurisdictional disputes, or any other causes beyond the
Contractor's reasonable control which the City's Representative determines may justify
delay then the Contract Time may be extended for a reasonable time to the extent such
delay will prevent Contractor from achieving Substantial Completion and /or Final
Completion within the Contract Time and if performance of the Work is not, was not or
would not have been delayed by any other cause for which the Contractor is not entitled
to an extension in the Contract Time under the Contract Documents. It shall be a
condition precedent to any adjustment of the Contract Time that Contractor provide the
City's Representative with written notice of the cause of delay within seven (7) days from
the occurrence of the event or condition which caused the claimed delay. Written notices
hereunder shall be in accordance with the applicable provisions.
6.2.3 The Contractor further acknowledges and agrees that adjustments in the Contract Time
will be permitted for a delay only to the extent such delay (1) is not caused, or could not
have been anticipated, by the Contractor, (2) could not be limited or avoided by the
Contractor's timely notice to the City of the delay, (3) prevents Contractor from
completing its Work by the Contract Time, and (4) is of a duration not less than one (1)
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day. Delays attributable to and within the control of a Subcontractor or supplier shall not
justify an extension of the Contract Time.
6.2.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the
Contract Time, to the extent permitted under this provision, shall be the sole remedy of
the Contractor for any (1) delay in the commencement, prosecution or completion of the
Work, (2) hindrance or obstruction in the performance of the Work, (3) loss of
productivity, or (4) other similar claims due to or caused by any events beyond the control
of both the City and Contractor. In no event shall the Contractor be entitled to any
compensation or recovery of any damages or any portion of damages resulting from
delays caused by or within the control of Contractor or by acts or omissions of Contractor
or its Subcontractors of any tier or delays beyond the control of both City and Contractor.
If the Contractor contends that delay, hindrance, obstruction or other adverse condition
results from acts or omissions of the City, the City's Representative or the A/E,
Contractor shall promptly provide written notice to the City. Contractor shall only be
entitled to an adjustment in the Contract Sum to the extent that such acts or omissions
continue after the Contractor's written notice to the City of such acts or omissions. The
City's exercise of any of its rights or remedies under the Contract Documents (including,
without limitation, ordering changes in the Work, or directing suspension, rescheduling or
correction of the Work) regardless of the extent or frequency of the City's exercise of
such rights or remedies, shall not be the basis of any Claim for an increase in the
Contract Sum or Contract Time. In the event Contractor is entitled to an adjustment in
the Contract Sum for any delay, hindrance, obstruction or other adverse condition caused
by the acts or omissions of the City, the City's Representative or the A/E, Contractor shall
only be entitled to its actual direct costs caused thereby and Contractor shall not be
entitled to and waives any right to special, indirect, or consequential damages including
loss of profits, loss of savings or revenues, loss of anticipated profits, labor inefficiencies,
idle equipment, home office overhead, and similar type of damages.
6.2.5 If the Contractor submits a progress report or any construction schedule indicating, or
otherwise expressing an intention to achieve completion of the Work prior to any
completion date required by the Contract Documents or expiration of the Contract Time,
no liability of the City to the Contractor for any failure of the Contractor to so complete the
Work shall be created or implied. Further, the Contractor acknowledges and agrees that
even if Contractor intends or is able to complete the Work prior to the Contract Time, it
shall assert no Claim and the City shall not be liable to Contractor for any failure of the
Contractor, regardless of the cause of the failure, to complete the Work prior to the
Contract Time.
PROVISION 7
PAYMENTS AND COMPLETION
7.1 Commencement, Prosecution, and Completion
7.1.1 The Contractor shall commence Work within five (5) days upon the date of a "Notice to
Proceed" from the City or the date fixed in the Notice to Proceed. Contractor shall
prosecute the Work with faithfulness and diligence, and the Contractor shall complete the
Work within the Contract Time set forth in the Contract Documents.
7.1.2 In the event Contractor fails to provide City such documents, Contractor may not enter
upon the site of the Work until such documents are provided. The date the Contractor is
required to commence and complete the Work shall not be affected by the City denying
Contractor access to the site as a result of Contractor's failure to provide such documents
and Contractor shall not be entitled to an adjustment of the Contract Time or Contract
sum as a result of its failure to comply with the provisions of this Paragraph
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7.1.3 Any successful bidder which is a corporation organized in a state other than Florida or
any bidder doing business in the State of Florida under a fictitious name shall furnish, at
no cost to the City, no later than the time at which the executed Contract for Construction,
the Payment Bond, and the Performance Bond are returned, a properly certified copy of
its current Certificate of Authority and License to do business in the State of Florida. No
contract will be executed by the City until such certificate is furnished by the bidder.
7.1.4 Within fifteen (15) calendar days of the issuance of a Notice to Proceed, the Contractor
shall submit one (1) signed copy of the following instruments. No payment will be
processed until all of these instruments are received and approved by the City's
Representative.
• Construction Schedule
• Contractor's Schedule of Values
• List of material suppliers
• Itemized breakdown of anticipated equipment rates. Overhead and profit shall not be
included.
7.2 Contract Sum
7.2.1 The City shall compensate Contractor for all Work described herein and in the Contract
Documents the Contract Sum set forth in the Contract for Construction, subject to
additions and deletions as provided in the Contract.
7.3 Schedule of Values
7.3.1 Within fifteen (15) days after receipt of the Notice to Proceed, the Contractor shall submit
to the City's Representative a revised schedule of values allocated to various portions of
the Work, prepared in such form and supported by such data to substantiate its accuracy
as the City's Representative may require. The schedule of values MUST be approved by
the City. This schedule, unless objected to by the City's Representative, shall be used as
a basis for reviewing the Contractor's Applications for Payment. The values set forth in
such schedule shall not be used in any manner as fixing a basis for additions to or
deletions from the Contract Sum. The Schedule of Values is strictly for payment
allocation and shall not be used to establish prices.
7.4 Applications for Payment
7.4.1 Progress payments shall be made on account of materials and equipment delivered to
the site and incorporated in the Work. No payments will be made for materials and
equipment stored at the Project site but not yet incorporated into the Work.
7.4.2 If approved in writing and in advance by City, progress payments may be made on
account of materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work. City may in its sole discretion refuse to grant
approval for payments for materials and equipment stored at the Project site but not yet
incorporated in the Work. Any approval by City for payment for materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work shall be
conditioned upon Contractor's demonstrating that such materials and equipment are
adequately protected from weather, damage, vandalism and theft and that such materials
and equipment have been inventoried and stored in accordance with procedures
established by or approved by the City. Nothing in this clause shall imply or create any
liability on the part of the City for the Contractor's inventory and storage procedures or for
any loss or damage to material, equipment or supplies stored on the site, whether
incorporated into the work or not. In the event any such loss or damage occurs, the
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Contractor remains solely responsible for all costs associated with replacement of the
affected materials, supplies and equipment including labor and incidental costs, and shall
have no claim against the City for such loss.
7.4.3 All applications for payment MUST be made on a standard AIA payment application form
acceptable to the City Representative and must contain the PO number and other project
information. All payment applications must include Original releases of Liens from all
suppliers, materialmen, subcontractors, and the Prime Contractor. Applications will not
be processed without all pertinent back -up documentation as required by the City's
Representative.
7.5 Decisions to Withhold Approval
7.5.1 The City's Representative may decide not to certify payment and may withhold approval
in whole or in part, to the extent reasonably necessary to protect the City. If the City's
Representative is unable to approve payment in the amount of the Application, the City's
Representative will notify the Contractor. If the Contractor and City's Representative
cannot agree on a revised amount, the City's Representative will promptly issue approval
for payment for the amount for which the City's Representative is able to determine is
due Contractor. The City's Representative may also decide not to approve payment or,
because of subsequently discovered evidence or subsequent observations, may nullify
the whole or a part of approval for payment previously issued, to such extent as may be
necessary in the City's Representative opinion to protect the City from loss because of:
■ Defective Work not remedied or damage to completed Work;
■ Failure to supply sufficient skilled workers or suitable materials;
■ Third party claims filed or reasonable evidence indicating probable filing of such
claims;
■ Failure of the Contractor to make payments properly to Subcontractors or for
labor, materials or equipment;
■ Reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
■ Damage to the City or another contractor;
■ Reasonable evidence that the Work will not be completed within the Contract
Time or an unsatisfactory rate of progress made by Contractor;
■ Contractor's failure to comply with applicable Rules, regulations, Statutes,
Ordinances, standards;
■ Contractor's or Subcontractor's failure to comply with contract Prevailing Wage
requirements; or
■ Contractor's failure to carry out the Work in strict accordance with the Contract
Documents.
■ Incomplete payment application.
7.5.2 When the above reasons for withholding approval are removed, approval will be made for
amounts previously withheld.
7.6 Failure of Payment
7.6.1 If the City is entitled to reimbursement or payment from the Contractor under or pursuant
to the Contract Documents, such payment by Contractor shall be made promptly upon
demand by the City. Notwithstanding anything contained in the Contract Documents to
the contrary, if the Contractor fails to promptly make any payment due the City, or the
City incurs any costs and expenses to cure any default of the Contractor or to correct
defective Work, the City shall have an absolute right to offset such amount against the
Contract Sum and may, in the City's sole discretion, elect either to: (1) deduct an amount
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equal to that to which the City is entitled from any payment then or thereafter due the
Contractor from the City, or (2) issue a written notice to the Contractor reducing the
Contract Sum by an amount equal to that to which the City is entitled.
7.7 Substantial Completion
7.7.1 Substantial Completion is the stage in the progress of the Work as defined in the
Contract Documents.
7.7.2 At the date of Substantial Completion, the Contractor may apply for, and if approved by
City's Representative subject to the provisions herein, shall increase total payments to
one hundred percent (100 %) of the Contract Sum less two hundred percent (200 %) of
the value of any incomplete Work and unsettled claims, as determined by the City's
Representative.
7.8 Final Completion and Final Payment
7.8.1 The final approval for payment will not be issued by the City's Representative until all
warranties and guarantees have been received and accepted by the City.
7.8.2 The City will request the Contractor to submit the application for final payment along with
a manually signed notarized letter on the Contractor's letterhead certifying that:
• Labor costs, prevailing wage rates, fringe benefits and material costs have been
paid.
• Subcontractors of any tier and manufacturers furnishing materials and labor for
the project have fully completed their Work and have been paid in full.
• The project has been fully completed in accordance with the Contract Documents
as modified by Change Orders.
• The acceptance by Contractor of its Final Payment, by check or electronic
transfer, shall be and operate as a release of all claims of Contractor against City
for all things done or furnished or relating to the Work and for every act or alleged
neglect of City arising out of the Work.
7.8.3 No payment under this Contract, including but not limited to final payment, shall
constitute acceptance by City of any Work or act not in accordance with the requirements
of the Contract Documents.
PROVISION 8
BONDS
8.1 Bonds:
Bid Bonds, when required, shall be submitted with the Bid in the amount specified in Special
Conditions. After acceptance of Bid, the City will notify the successful bidder to submit a
performance bond and certificate of insurance in the amount specified herein.
8.1.1 The Contractor shall procure and furnish a Performance Bond and a Payment Bond in
the form prepared by the City, each in an amount equal to one hundred percent (100 %)
of the Contract Sum, as well as adjustments to the Contract Sum. The Performance Bond
shall secure and guarantee Contractor's faithful performance of this Contract, including
but not limited to Contractor's obligation to correct defects after final payment has been
made as required by the Contract Documents. The Payment Bond shall secure and
guarantee payment of all persons performing labor on the Project under this Contract and
furnishing materials in connection with this Contract. These Bonds shall be in effect
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9.1
9.2
through the duration of the Contract plus the Guaranty Period as required by the Contract
Documents.
8.1.2 If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in the State of Florida or it ceases to
meet the requirements of other applicable laws or regulations, CONTRACTOR shall
within three (3) days substitute another bond and surety, both of which must be
acceptable to CITY. If Contractor fails to make such substitution, City may procure such
required bonds on behalf of Contractor at Contractor's expense.
8.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Contract, the Contractor shall promptly
furnish a copy of the bonds to such person or entity.
8.1.4 The Contractor shall keep the surety informed of the progress of the Work, and, where
necessary, obtain the surety's consent to or waiver of: (1) notice of changes in the Work;
(2) request for reduction or release of retention; (3) request for final payment; and (4) any
other material required by the surety. The City shall be notified by the Contractor, in
writing, of all communications with the surety. The City may, in the City's sole discretion,
inform surety of the progress of the Work, any defects in the Work, or any defaults of
Contractor under the Contract Documents and obtain consents as necessary to protect
the City's rights, interest, privileges and benefits under and pursuant to any bond issued
in connection with the Work.
8.1.5 Contractor shall indemnify and hold harmless the City and any agents, employees,
representative from and against any claims, expenses, losses, costs, including
reasonable attorneys' fees, as a result of any failure of Contractor to procure the bonds
required herein.
PROVISION 9
UNCOVERING AND CORRECTION OF THE
WORK
Uncovering of the Work
9.1.1 If a portion of the Work is covered contrary to the A/E's request or to requirements
specifically expressed in the Contract Documents, it shall, if required in writing by the A/E
or the City's Representative, be uncovered for the A/E's observation and be replaced at
the Contractor's expense without change in the Contract Time.
9.1.2 If a portion of the Work has been covered which the A/E or the City's Representative has
not specifically requested to observe, prior to its being covered, the A/E or the City's
Representative may request to see such Work, and it shall be uncovered by the
Contractor. If such Work is in accordance with the Contract Documents, costs of
uncovering and replacement shall, by appropriate Change Order, be charged to the City.
If such Work is not in accordance with the Contract Documents, the Contractor shall pay
such costs unless the condition was caused by the City or a separate contractor in which
event the City will be responsible for payment of such costs.
Correction of the Work
9.2.1 The A/E or City's Representative shall have the right to reject Work not in strict
compliance with the requirements of the Contract Documents. The Contractor shall
promptly correct Work rejected by the A/E or the City's Representative for failing to
conform to the requirements of the Contract Documents, whether observed before or
/:
after final completion and whether or not fabricated, installed, or completed. If Work has
been rejected by A/E or City's Representative, the A/E or City's Representative shall
have the right to require the Contractor to remove it from the Project site and replace it
with Work that strictly conforms to the requirements of the Contract Documents
regardless if such removal and replacement results in "economic waste." Contractor
shall pay all claims, costs, losses and damages caused by or resulting from the
correction, removal or replacement of defective Work, including but not limited to, all
costs of repair or replacement of Work of others. The Contractor shall bear costs of
correcting, removing and replacing such rejected Work, including additional testing and
inspections and compensation for the A/E's services and expenses made necessary
thereby. If prior to the date of final payment, the Contractor, a Subcontractor or anyone
for whom either is responsible uses or damages any portion of the Work, including,
without limitation, mechanical, electrical, plumbing and other building systems,
machinery, equipment or other mechanical device, the Contractor shall cause such item
to be restored to "like new" condition at no expense to the City.
9.2.2 If, within twelve (12) months after the date of Final Completion of the Work or designated
portion thereof, or after the date for commencement of warranties, or by terms of an
applicable special warranty required by the Contract Documents, any of the Work is
found not to be in strict accordance with the requirements of the Contract Documents, the
Contractor shall correct or remove and replace such defective Work, at the City's
discretion. Such twelve (12) month period is referred to as the "Guarantee Period." The
obligations under this Paragraph 9.2.2 shall cover any repairs, removal and replacement
to any part of the Work or other property caused by the defective Work.
9.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected
by the Contractor nor accepted by the City.
9.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the City
may correct or remove it and replace such nonconforming Work. If the Contractor does
not proceed with correction of such nonconforming Work within a reasonable time fixed
by written notice from the City, the City may take action to correct or remove the
nonconforming work at the contractor's expense.
9.2.5 The Contractor shall bear the cost of correcting destroyed or damaged Work or property,
whether completed or partially completed, of the City or of others caused by the
Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
9.2.6 The removal and repair of defective work does not constitute a right to claim by the
Contractor for a time extension to the Contract. Contractor shall repair and replace
defective Work at Contractor's sole expense.
9.3 Acceptance of Nonconforming Work
9.3.1 The City may accept Work which is not in accordance with the Contract Documents,
instead of requiring its removal and correction, in its sole discretion. In Such case the
Contract Sum will be adjusted as appropriate and equitable. Such adjustment shall be
made whether or not final payment has been made. Nothing contained herein shall
impose any obligation upon the City to accept nonconforming or defective Work.
PROVISION 10
MISCELLANEOUS PROVISIONS
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10.1 Written Notice
10.1.1 All notices required to be given by the contractor under the terms of this Contract shall be
made in writing. Written Notices, when served by the City, will be deemed to have been
duly served if delivered in person to the individual or a member of the firm or entity or to
an office of the corporation for which it was intended, or if delivered at or sent to the last
business address known to the party giving notice.
10.2 Rights and Remedies
10.2.1 Duties and obligations imposed by the Contract Documents, and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations,
rights, and remedies otherwise imposed or available by law.
10.2.2 No action or failure to act by the City, the A/E, or the City's Representative will constitute
a waiver of a right or duty afforded to the City under the Contract Documents, nor will
such action or failure to act constitute approval of or acquiescence in a breach
thereunder, except as may be specifically agreed in writing.
10.2.3 The terms of this Contract and all representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with the Contract Documents, as
well as all continuing obligations indicated in the Contract Documents, will survive final
payment, completion and acceptance of the Work and termination or completion of the
Work and shall remain in effect so long as the City is entitled to protection of its rights
under applicable law.
10.2.4 Contractor shall carry out the Work and adhere to the current construction schedule
during all disputes or disagreements with the City. No Work shall be delayed or
postponed pending resolution of any disputes or disagreements except as the City and
Contractor may otherwise agree to in writing.
10.3 Records
10.3.1 The City, or any parties it deems necessary, shall have access to and the right to
examine any accounting or other records of the Contractor involving transactions and
Work related to this Contract for five (5) years after final payment or five (5) years after
the final resolution of any on going disputes at the time of final payment. All records shall
be maintained in accordance with generally accepted accounting procedures,
consistently applied. Subcontractors of any tier shall be required by Contractor to
maintain records and to permit audits as required of Contractor herein.
10.4 Codes and Standards
10.4.1 The Work shall be performed to comply with the Florida Building Codes, and all pertinent
standards, rules and /or regulations. The latest editions and supplements of these Codes
and Standards in effect on the date of the execution of the Contract for Construction shall
be applicable unless otherwise designated in the Contract Documents.
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