MIAMI-DADE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
CARLOS A. GIMENEZ, MAYOR
JEAN MONESTIME, CHAIRPERSON
BARBARA J. JORDAN AUDREY M. EDMONSON SALLY A. HEYMAN BRUNO A. BARREIRO REBECA SOSA XAVIER L. SUAREZ
DANIELLA LEVINE CAVA DENNIS C. MOSS SEN. JAVIER D. SOUTO JUAN C. ZAPATA JOSE “PEPE” DIAZ ESTEBAN BOVO, Jr.
CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54-INCH FM FROM SW280 ST AND SW 127 AVE TO EXISTING 54-INCH FM AT SW 248 ST
AND SW 107 AVE
Contract No. S-898
ER# S049474 BID DOCUMENTSPCTS#13389 JUNE 2016
VOLUME 1 OF 4FRONT ENDS
MIAMI-DADE WATER AND SEWER DEPARTMENT PREPARED BYLESTER SOLA, DIRECTOR CH2M HILL
S-898 001
CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127 AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE –
CONTRACT NUMBER S-898
VOLUME 1 GENERAL TABLE OF CONTENTS (1 pages) ADVERTISEMENT FOR BIDS (2 pages) INSTRUCTION TO BIDDERS (29 pages) SPECIAL PROVISIONS (9 pages) SUBMITTAL CHECK LIST (1 page) PROPOSAL FORM (11 pages + 3A thru 3F) CERTIFIED RESOLUTION (Bid Bond) (1 page) PRESCRIBED BID BOND (6 pages) QUESTIONNAIRE (5 pages) LOCAL PREFERENCE AFFIDAVIT (2 page) SBE-CONSTRUCTION SOI (1 page) SBE-GOODS AND SERVICES SOI (1 page) RESIDENTS FIRST FORM RFTE-1 (Contractor) (1 page) PRIOR TO AWARD CHECKLIST (1 page) CONTRACT (3 pages) CERTIFIED RESOLUTION (Performance and Payment Bonds) (1 page) SURETY PERFORMANCE AND PAYMENT BOND (3 pages) COLLUSION AFFIDAVIT (2 pages) SUBCONTRACTOR/SUPLIER LISTING (1 page) RESIDENTS FIRST FORM RFTE-1 (subcontractors) (1 page) RESIDENTS FIRST FORM RFTE-2 (workforce plan) (1 page) SWORN STATEMENT - PUBLIC ENTITY CRIMES (2 pages) SCRUTINIZED COMPANIES LIST CERTIFICATION (1 page) GENERAL TERMS AND CONDITIONS (89 pages) SUPPLEMENTAL GENERAL TERMS AND CONDITIONS (4 pages) WAGE AND BENEFITS SCHEDULE 2016 (35 pages)
VOLUME 2 TECHNICAL SPECIFICATIONS
DIVISION 1—GENERAL REQUIREMENTS (117 page) DIVISION 2—EXISTING CONDITIONS (4 pages) DIVISION 3— CONCRETE (22 pages) DIVISION 5—METALS (4 pages) DIVISION 31—EARTHWORK (93 pages) DIVISION 32—EXTERIOR IMPROVEMENTS (29 pages) DIVISION 33—UTILITIES (88 pages)
VOLUME 3 GEOTECHNICAL REPORTS
Geotechnical Design Memorandum (42 pages) Geotechnical Data Report (170 pages) Geotechnical Baseline Report (43 pages)
S-898 Page 1 of 2
S-898 003
TABLE OF CONTENTS
S-899 Page 2 of 2
VOLUME 4 – DRAWINGS
P-1 COVER SHEET P-2 GENERAL NOTES, ABBREVIATIONS, LEGEND AND INDEXES P-3 KEY MAP P-4 TO P-17 PLAN AND PROFILE SHEETS P-18 SW 248 ST. 12” F.M. BYPASS P19 TO P-21 FORCE MAIN CONNECTION DETAILS P-22 TO P-25 SANITARY SEWER DETAILS P-26 TO P-30 ROADWAY RESTORATION PLANS P-31 TO P-35 PAVEMENT MRKING AND SIGNAGE PLANS P-36 ROADWAY RESTORATION DETAILS P-37 EROSION AND SEDIMENT CONTROL DETAILS TC-1 TO TC-26 MAINTENANCE OF TRAFFIC PLANS S-1 TO S-11 TOPOGRAPHIC SURVEY
S-898 004
ADVERTISEMENT FOR BIDS MIAMI-DADE COUNTY, FLORIDA
Sealed bids for a Consent Decree (CD) Project known and identified as “CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54-INCH FORCE MAIN FROM SW 280 ST. AND SW 127 AVENUE TO EXISTING 54-INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE”, Contract No S-898, will be received in the First Floor Lobby of the Douglas Headquarter Building of the Miami-Dade Water and Sewer Department, located at 3071 SW 38 Ave., Miami FL 33146, until 2:00 P.M., Local Time, at which time they will be transferred to Room 156B on July 20th, 2016, or as modified by addendum. Bids/Proposals must be submitted in a sealed envelope along with the Schedule of Intent Affidavit Form (if required) and any other Small Business Development (SBD) documents. The envelope must have printed on the outside the name of the Bidder, the business address, the name and number of the project for which the bid is submitted, and the date of the bid opening. Bids will be opened publicly and read aloud on the date and time stated above in Room 156B at the Douglas Headquarter Building of the Miami-Dade Water and Sewer Department at 2:00 P.M., Local Time. Bids/Proposals received after the first envelope has been opened will not be accepted. The Schedule of Intent Affidavit(s) of the lowest 2 bidders will be forwarded to the Internal Services Department’s Division of Small Business Development (SBD). Upon notification by SBD, bidders may correct defects on the Schedule of Intent Affidavit(s) within 48 hours after being notified. The mailing address of the Miami-Dade Water and Sewer Department is 3071 SW 38 Avenue, Miami, FL 33146, to the attention of the Construction Contracts Section. The County reserves the right to postpone or cancel the bid opening at any time prior to the scheduled opening of bids.
NOTE: REQUESTS FOR INFORMATION (RFI) WILL ONLY BE ACCEPTED UP TO FIVE (5) BUSINESS DAYS PRIOR TO BID OPENING DATE. ANY RFI RECEIVED AFTER THIS DATE WILL NOT BE CONSIDERED.
A NON-MANDATORY PRE-BID CONFERENCE will be held at the Miami-Dade Water and Sewer Department's Douglas Headquarter Building, 3071 SW 38 Ave., Miami FL 33146, in Conference Room 156B, on June 27th, 2016 . The meeting will begin at 1:00 P.M. or shortly thereafter. Bidders are encouraged to attend. The Bid Proposal must be accompanied by a bid security in an amount not less than five percent (5%) of the total bid. The bid security can be in the attached Prescribed Bid Bond form, which shall be executed by the Bidder and a qualified Surety, satisfactory and payable to the Miami-Dade County, Florida, Board of County Commissioners. The bid security can also be in the form of a certified check or cashier's check on a solvent national or state bank. The successful contractor must execute a one hundred (100%) Surety Performance and Payment Bonds. NO BIDDER MAY WITHDRAW HIS BID WITHIN 120 DAYS FROM BID OPENING DATE. NOTE: Before entering into a contract with the County, contractors must register and acquire a Vendor Identification Number (VIN). For further information, you can go to http://www.miamidade.gov/procurement/vendor-registration.asp, or call the Vendor Service Section in the Division of Procurement Management at (305) 375-5773. For additional information please call Mr. Isaac Smith at (786) 552-8989 or send electronic mail to: [email protected]. NOTE: THIS PROJECT IS UNDER THE CONE OF SILENCE (Pursuant to MDC Section 2-11.1 (t)) ANY E-MAILS SENT TO MR. ISAAC SMITH MUST ALSO COPY THE CLERK OF THE BOARD AT [email protected]. The Project is subject to the requirements of Miami Dade County Code (County Code) Sec. 10-33.02. - Small Business Enterprise Construction Services Program and Administrative Order 3-22 whereby it has been determined that subcontractor goals must be included in the Contract. The Small Business Enterprise – Construction goal is 5.11% and the Small Business Enterprise – Goods and Services goal is 5.16% which is based on the construction estimate plus the 10% Contingency Allowance. The Community Workforce Program is not applicable. Miami-Dade County has entered into a Consent Decree with the United States, Environmental Protection Agency, the State of Florida, and Florida Department of Environmental Protection (collectively “Regulatory Agencies”), to remediate its aging wastewater infrastructure that was approved by the United States District Court for the Southern District of Florida, Case No. 1:12-cv-24400-FAM. This project is intended to satisfy the requirements identified in the Consent Decree in Appendix D as CD Project 4.5(1). The full text of the Consent Decree is available online at:
http://www.miamidade.gov/water/library/reports/consent-decree/consent-decree-signed.pdf
This project is one in a series of projects that are being processed under Section 2-8.2.12 of the Code, entitled Miami-Dade Water and Sewer Department Consent Decree and Capital Improvement Programs Acceleration Ordinance. The project consists of furnishing all materials unless otherwise specified in the specifications, all labor and equipment necessary for the installation of a proposed 54-inch force main starting at S.W. 127 Avenue and S.W. 280 Street, continuing north along S.W. 127 Avenue, then east along S.W. 268 Street, then north along S.W. 112 Avenue, then east along S.W. 248 Street connecting to the existing 54-inch force main at S.W. 107 Avenue and S.W. 248 Street. The new force main will be installed for redundancy and will be connected to an existing 48-inch force main at S.W. 280 Street and S.W. 127 Avenue, connected to an existing 54-inch force main at S.W. 248 Street and S.W. 107 Avenue with provisions for a cross connection at S.W. 268 Street and 112 Avenue. The project is located in unincorporated Miami Dade County. This is a Consent Decree Project with a compliance date of November 20, 2017 The scope of work includes, but is not limited to, the installation of approximately 23,000 lineal feet of Department furnished 54-inch diameter force main, approximately fifteen (15) Department furnished 54-inch plug valves and one (1) 48-inch plug valve; furnishing and installing joint material; making connections to existing mains; constructing a microtunnel force main installation under the Florida Turnpike; constructing a microtunnel force main installation under C-102 Canal; furnishing traffic control and maintenance of traffic (M.O.T.); making temporary and permanent paving repairs, including milling; pavement markings restoration; cleaning and testing the mains and all other appurtenant and miscellaneous items and work for a complete, functional and satisfactory installation.
It is Miami-Dade Water and Sewer Department’s intent to obtain a completely functional and satisfactory installation under this project, and any items of labor, equipment or materials which may be reasonably assumed as necessary to accomplish this and shall be supplied whether or not they are specifically shown on the plans or stated in the specifications. The Contractor shall provide all sheeting, shoring, bracing and all other labor, material or equipment required to preclude damage to, or loss of functionality of, any existing facility or system. The construction estimate (consisting of biddable items) for this project is $21,985,456. NOTE: THIS AMOUNT DOES NOT INCLUDE A CONTINGENCY ALLOWANCE, OR DEDICATED ALLOWANCES. The construction time is 300 consecutive calendar days. The County has allocated certain funds for this project. Should the amounts bid exceed expected levels, the Department reserves the right to either reduce quantities and/or delete elements of the work while proceeding at the prices bid, or reject bids and re-advertise at its sole option. S-898 Page 1 of 2 BID SET
S-898 005
One of the following licenses is required: General Engineering Contractor, State Underground Contractor, Pipeline and/or other categories as applicable by Chapter 489 of the Florida Statutes or County Code Chapter 10. (See Instruction to Bidders, Section 13). Also see SP 1.0 of the Special Provisions for additional bidder qualifications and minimum construction experience requirements. The Contract Documents are available to the public for inspection at the Douglas Headquarter Building of the Miami-Dade Water and Sewer Department, Construction Contracts Section, Room No. 560B, located at 3071 SW 38 Avenue, Miami, FL 33146. Only electronic copies of the Contract Documents on CD are available for purchase. CD’s with Contract Documents may be obtained at the physical address above, or requested through the mail, directed to the attention of Mr. Isaac Smith, Construction Contracts Section, addressed to 3071 SW 38 Avenue, Miami, Florida 33146, for a non-refundable charge of Twenty ($20.00) per CD, in the form of check or money order made payable to the Miami-Dade Water and Sewer Department and indicating on the check the Contract Number of the project being requested. If requested by mail, the bidder has to include his FEDEX or UPS account to cover the charges, otherwise, the set cannot be sent. The contractor is hereby advised pursuant to Miami-Dade County Resolution R-1395-05 and County Code Section 2-1701, Contractors involved in the construction of improvements on County property must post a notice of job opportunities with the Miami-Dade County Job Clearinghouse. Contractors with job openings must complete a Notice of Job Opening form and submit to the Small Business Development (SBD) Division of Internal Services Department (ISD) for posting. The job vacancy notices should be delivered within ten (10) working days following award of the contract and whenever a job opening occurs. Pursuant to County Code Section 2-11.1 (t), a "Cone of Silence" is imposed upon RFP’s, RFQ’s or bids after advertisement and terminates at the time the County Mayor issues a written recommendation to the Board of County Commissioners or authorizes an award subject to Miami Dade Code County Code Section 2-8.2.12. The Responsible Wages and Benefits Ordinance 90-143 (County Code Section 2-11.16) applies to this Project. The current Responsible Wage Rates are published annually and can be found at www.miamidade.gov/smallbusiness/responsible-wages-and-benefits.asp . These requirements are set forth in the Instruction to Bidders Section 21. The Contract is subject to review and audit by the Office of the Miami-Dade County Inspector General (IG) and further information is specified in the Instruction to Bidders and General Covenants and Conditions. The cost of mandatory random audits by the Miami-Dade County IG is 1/4 of one percent of the Contract price and shall be incorporated into the Contract price by the Bidder. The Department will deduct from each progress payment 1/4 of one percent of that payment to fund the Office of the Miami-Dade County Inspector General. This Project is subject to the requirements of County Code Section No. 2-8.5 of the, which mandates that in any competitive bid process where award, if any, is to be made to the responsive and responsible bidder offering the lowest bid (the "Low Bidder" and "Low Bid" respectively), the following shall apply:
1. If the Low Bidder is not a Local Business, then any and all responsive and responsible Local Businesses submitting a price within ten
percent of the Low Bid, the Low Bidder, and any and all responsive and responsible Locally Headquartered Businesses submitting a price within fifteen percent of the Low Bid, shall have an opportunity to submit a best and final bid equal to or lower than the Low Bid.
2. If the Low Bidder is a Local Business which is not a Locally Headquartered Business, then any and all responsive and responsible Locally Headquartered Businesses submitting a price within five percent of the Low Bid, and the Low Bidder shall have an opportunity to submit a best and final bid equal to or lower than the Low Bid.
3. Award, if any, shall be made to the responsive and responsible bidder offering the lowest best and final bid. 4. Ties in best and final bid shall be resolved in the following order of priority: Locally Headquartered Business, Local Business, other
business. 5. If no best and final bid is required in accordance with the provisions above, award, if any, shall be made to the Low Bidder.
This Project is subject to the provisions of County Code Section 2-8.8, Fair subcontracting practices, which requires that all contracts in which a bidder may use a Subcontractor, prior to contract award, the bidder shall provide a detailed statement of its policies and procedures for awarding subcontracts. Additional information is provided in the Instruction to Bidders and Standard Construction General Conditions. Prospective bidders are advised that 1) the County reserves the right to directly purchase materials, equipment, supplies and other items for this project, which are included in the Contractor’s Base Bid and/or the Contract, (substantially in accordance with the Contract Documents) and 2) a Recommendation for Contract Award will be conditioned upon the submittal of any and all documents required by the County as part of the bid evaluation process, including but not limited to, the schedule of values and project schedule. Listing of subcontractors required (County Code Sec. 10-34, 2-8.1 and 2-8.8). The requirements of this section shall apply to those county and Public Health Trust construction contracts in which a bidder may use a subcontractor which involve the expenditure of one hundred thousand dollars ($100,000.00) or more. Such contracts shall require the entity contracting with the county to list all first tier subcontractors who will perform any part of the contract and all suppliers who will supply materials for the contract work direct to such entity. The contract shall also require the entity contracting with the County to report to the County the race, gender, and ethnic origin of the owners and employees of all such first tier subcontractors. When a competitive process is utilized to select the entity that will contract with the county, the specifications shall provide that it shall be a condition of award for the successful bidder to provide the listing of subcontractors, if required. The contract shall require the contractor to provide to the County the race, gender and ethnic information as soon as reasonably available and in any event prior to final payment under the contract. Timely submission of a properly completed and signed "Subcontractor/Supplier Listing, ISD Form 7" (a copy of which is included in the specifications) constitutes compliance with the listing requirements of the Ordinance. In order to be deemed properly complete, the word "NONE" must be entered under the appropriate heading of ISD FORM 7 if no subcontractors or suppliers will be used on the contract. Additional information is provided in the Instruction to Bidders and General Covenants and Conditions. The Board of County Commissioners, Miami-Dade County, Florida, reserves the right to reject any or all bids, to waive any informality in any bid or to re-advertise for bids. Bids from any person, firm or Corporation in default on other contracts or agreements with the County may be rejected. Failure by the Bidder to satisfy claims on previous contracts with the County may be cause for rejection of his bid.
Lester Sola, Director Miami-Dade Water and Sewer Department
Miami-Dade County, Florida
S-898 Page 2 of 2 BID SET
S-898 006
INSTRUCTION TO BIDDERS
Page 1 of 29
TABLE OF CONTENTS
1. DEFINITIONS ............................................................................................................. 3
2. SCOPE OF THE PROJECT ....................................................................................... 7
3. INTERPRETATION OF CONTRACT DOCUMENTS ................................................. 7
4. RESPONSIBILITY OF THE BIDDER TO BE INFORMED ......................................... 7
5. UTILITY CONNECTION FEES NOT BIDDABLE ....................................................... 8
6. CONFLICT WITH GENERAL TERMS AND CONDITIONS ....................................... 9
7. OTHER WORK BEING DONE AT OR NEAR THE SITE ........................................... 9
8. QUANTITIES IN PROPOSAL APPROXIMATE ONLY .............................................. 9
9. PRICES BID ............................................................................................................... 9
10. SUBMISSION OF BIDS ............................................................................................ 10
11. SIGNATURE OF BIDDERS ...................................................................................... 10
12. BID SECURITY ......................................................................................................... 11
13. QUALIFICATIONS OF BIDDERS ............................................................................ 12
A. Bidder Qualification .................................................................................................. 12
B. Vendor Registration ................................................................................................. 12
C. Public Entity Crimes ................................................................................................. 14
14. DISQUALIFICATION OF BIDDERS ......................................................................... 14
15. WITHDRAWAL OF BID ............................................................................................ 15
16. RIGHT TO ACCEPT OR REJECT BIDS .................................................................. 15
17. AWARD OF CONTRACT ......................................................................................... 15
18. EXECUTION OF CONTRACT .................................................................................. 16
19. PERFORMANCE AND PAYMENT BOND ............................................................... 16
20. DISCLOSURE AFFIDAVIT ....................................................................................... 18
21. RESPONSIBLE WAGES AND BENEFITS .............................................................. 18
22. VENDORS AFFIDAVIT ............................................................................................ 19
23. INSPECTION OF SITE ............................................................................................. 19
24. PROTEST PROCEDURES ...................................................................................... 19
25. PENALTY FOR WORK WITHOUT PERMITS .......................................................... 19
26. INDEPENDENT PRIVATE SECTOR INSPECTOR GENERAL ................................ 20
27. ANTI-DISCRIMINATION ORDINANCE ADMINISTRATIVE ORDER ....................... 20
28. COUNTY CONTRACTORS EMPLOYMENT AND PROCUREMENT PRACTICES 20
29. OFFICE OF MIAMI-DADE COUNTY INSPECTOR GENERAL ................................ 21
31. MANDATORY POSTING NOTICES OF JOB OPPORTUNITIES WITH CLEARINGHOUSE .................................................................................................. 22
32. REQUIRED BIDDER'S CERTIFICATION ................................................................ 22
33. COST BREAKDOWN ............................................................................................... 23
34. TRENCH SAFETY ACT ........................................................................................... 23
35. PAPERWORK REDUCTION .................................................................................... 24
36. FALSE CLAIMS ....................................................................................................... 24
37. OUTSTANDING OBLIGATIONS TO THE COUNTY ................................................ 24
38. ALLOWANCE ACCOUNT AND APPROVED PERMIT FEE CALCULATION ......... 25
39. COMMUNITY WORKFORCE PROGRAM ............................................................... 25
S-898 007S-898 007
INSTRUCTION TO BIDDERS
Page 2 of 29
40. RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM ......................... 25
41. SUSTAINABLE BUILDINGS PROGRAM ................................................................ 26
42. LOCAL PREFERENCE ORDINANCE ..................................................................... 26
43. HOMELAND SECURITY’S E-VERIFY SYSTEM ...................................................... 27
44. USER ACCESS PROGRAM (UAP) ......................................................................... 27
45. ASBESTOS .............................................................................................................. 27
46. THANKSGIVING-CHRISTMAS SHUT DOWNS AND WORKING HOURS ............. 28
47. SAFETY, FIRE PREVENTION, AND ENVIRONMENTAL CONSIDERATIONS ...... 29
S-898 008S-898 008
INSTRUCTION TO BIDDERS
Page 3 of 29
The full content of Ordinances, Miami-Dade Code, Resolutions, Administrative Orders, Implementing Orders, and Florida Statutes are available online as follows:
Ordinances – (Note: Ordinances have been codified in the Miami-Dade Code of Ordinances (County Code). All references to ordinances are followed by the appropriate County Code Section reference.)
LINK: https://www.municode.com/library/fl/miami_-_dade_county/codes/code_of_ordinances Resolutions are available through the County’s Legistar System: LINK: http://www.miamidade.gov/govaction/searchleg.asp Administrative/Implementing Orders Link: http://www.miamidade.gov/ao/ Florida Statutes Link: http://www.leg.state.fl.us/statutes/
United States District Court for the Southern District of Florida, Case No. 1:12-cv-24400-FAM, herein referred to as Consent Decree:
Link: https://www.miamidade.gov/water/library/reports/consent-decree/consent-decree-signed.pdf
1. DEFINITIONS
When used in the Contract Documents (hereinafter defined),
(a) The masculine pronoun shall include the feminine and neuter, and the singular shall include the plural;
(b) "and" shall also mean "or" and "or" shall also mean "and", wherever the context or purpose
so requires;
(c) "Person" shall mean and include any individual, combination of individuals, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise;
(d) Wherever the words "Board of County Commissioners", "Chairman, Board of County
Commissioners", or other similar statements appear in these Contract documents, they shall be interpreted to mean "County Manager of Dade County, Florida", if applicable within the intent of Resolution No. 6182, duly passed and adopted by the Board of County Commissioners of Dade County, Florida on January 17, 1961, which provides in part that the County Manager shall execute all Contract Documents for and on behalf of Miami-Dade County, Florida. Note that Ordinance No. 12-94 transferred delegated authority from the County Manager to the County Mayor or the County Mayor’s designee.
As an exception to the above, Performance and Payment Bonds and Insurance Policies shall still be written in the name of Miami-Dade County, Florida and its Board of County
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INSTRUCTION TO BIDDERS
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Commissioners.
(e) "County", "Dade County", "Miami-Dade County" or "Metropolitan Dade County (MDC)" shall mean Miami-Dade County, Florida, a political subdivision of the State of Florida, acting by and through the Board of County Commissioners, which is a party hereto and for which this Contract is to be performed;
(f) "Commission" or "County Commissioners" shall mean the present Board of County
Commissioners of Miami-Dade County, the legal representative of Miami-Dade County, Florida, or their successors in office;
(g) "Contractor", "Bidder" or "Principal" shall mean the party of the second part to the Contract
which holds a current Certificate of Competency applicable to the type of work to be performed, who is primarily liable for the acceptable performance of the work for which it has contracted and also for the payment of all legal debts pertaining to the work
(h) “County Manager”, "County Mayor” or “County Mayor’s designee" shall mean the
administrative agent acting for and on behalf of the County Commission;
(i) "Department" shall mean the Miami-Dade Water and Sewer Department (WASD) of Miami-Dade County, Florida;
(j) "Director" shall mean the Director of the Miami-Dade Water and Sewer Department;
(k) "Engineer" shall mean the Deputy Director of Capital Improvements for the Miami Dade
Water and Sewer Department or an authorized representative;
(l) "Inspector" shall mean any person designated by the Engineer to examine and inspect materials and work for the purpose of insuring compliance by the Contractor with all requirements of the Plans and Specifications;
(m) "Bidder" shall mean any person who submits a proposal for construction of the Project
described in the Advertisement for Bids and shall refer to anyone submitting a Bid in response to this solicitation;
(n) "Principal", "Bidder" or "Contractor" shall mean the party of the second part to the Contract.
The person, firm, or corporation, holders of a current Certificate of Competency applicable to the type of work to be performed, with whom a contract has been made directly or through accredited representatives, that may have entered into a contract with Miami Dade County, Florida and who is primarily liable for the acceptable performance of the work for which they have contracted and also for the payment of all legal debts pertaining to the work;
(o) "Subcontractor" shall mean any person engaged by the Contractor to supply labor, materials
or equipment for use in the fulfillment of the Project;
(p) "Surety" shall mean the corporate bond company or individual which is bound by Performance and Payment Bond with and for the Contractor, who is primarily liable, and which engages to be responsible for their acceptable performance of the work of which contract has been made and for their payment of all debts pertaining thereto;
(q) "Project" shall mean and include all construction for which the Contractor is responsible
under the Contract Documents;
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INSTRUCTION TO BIDDERS
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(r) "Extra Work" shall mean and include all work and materials which are not described in and
covered by a price stated in the Proposal, but which during the effective period of the Contract, are found by the Engineer to be desirable or necessary to complete the Project satisfactorily and consistent with the general intention of the Contract Documents;
(s) "or equal" or "or approved equal" shall mean only that material or product which is
specifically approved by the Engineer as being an acceptable substitute for a material or product designated in the Specifications or on the Plans by a trade name or the name of the manufacturer;
(t) "Domestic" when applied to materials, shall mean materials or products produced within the
continental limits of the United States;
(u) "Contract Documents" (in no special order) shall mean and include the following:
1. Advertisement for Bids.
2. Questionnaire.
3. Instructions to Bidders.
4. Proposal (on prescribed form).
5. Certified Resolution (Proposal and Bid Form).
6. Bid Bond (on prescribed form).
7. Vendor Affidavits Form (Uniform County Affidavits) shall replace the following County Affidavits:
� Ownership Disclosure Affidavit (Ordinance 90-133) (County Code Section 2-
8.1(d)). � Employment Disclosure Affidavit (Ordinance 90-133) (County Code Section 2-
8.1(d)) � Employment Drug-Free Workplace Certification (County Code Section 2-
8.1.2(b) � Disability and Nondiscrimination Affidavit (County Code Section 2-8.5) � Debarment Disclosure Affidavit (County Code Section 10-38) � Vendor Obligation to County Affidavit (County Code Section 2-8.1) � Code of Business Ethics Affidavit (County Code Sections 2-8.1(i), 2-11(b)(1)) � Family Leave Affidavit (County Code Article V Chapter 11) � County Living Wage Affidavit (County Code Section 2-8.9) � Domestic Leave Affidavit (County Code Article 8, Section 11A-60 – 11A-67).
8. Sworn Statement - Public Entity Crimes (on prescribed form).
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9. Clearinghouse Affidavit and Job Order Request Form (on prescribed forms)
(Resolution R-1145-99).
10. Construction Contract (on prescribed form). 11. Certified Resolution (Contract, Performance and Payment Bond). 12. Performance and Payment Bond (on prescribed form). 13. General Terms and Conditions including Supplemental General Terms and
Conditions. 14. Wage and Benefit Schedules (Ordinance 90-143 (County Code Section 2-11.16)
15. Specifications.
16. Plans (as designated in the Specifications).
17. Addenda (if any). 18. Special Provisions. 19. Change Orders to the Contract. 20. Notice to Proceed. 21. Technical Specifications 22. Contract Drawings 23. Referenced Codes and Standards. 24 Warranties and Guarantees. 23. All related correspondence, field notes, logs, and other documents.
(v) Bid – shall refer to any offer(s) submitted in response to this solicitation. (w) Bid Solicitation – shall mean this solicitation documentation, including any and all addenda; (x) Bid Submittal Form – “Proposal” or “Quotation” - defines the requirement of items to be
purchased, and must be completed and submitted with Bid. The Bidder should indicate its name in the appropriate space(s) in the Proposal or Quotation documents;
(y) PMS – shall refer to Miami-Dade County’s Internal Services Department, Procurement
Management Services Division; (z) Enrolled Vendor – shall refer to a firm that has completed the necessary documentation in order
to receive Bid notifications from the County; (aa) Registered Vendor – shall refer to a firm that has completed the Miami-Dade County Business
S-898 012S-898 012
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Entity Registration Application and has satisfied all requirements to enter into business agreements with the County;
(bb) The Vendor Registration Package – shall refer to the Business Entity Registration Application.
Note: For additional information about on-line vendor enrollment or vendor registration you can go to http://www.miamidade.gov/procurement/vendor-registration.asp, or call the Vendor Service Section in the Division of Procurement Management at (305) 375-5773.
2. SCOPE OF THE PROJECT
The scope of each division of the Project is stated in the Specifications.
3. INTERPRETATION OF CONTRACT DOCUMENTS
Each Bidder must thoroughly examine all Contract Documents, and examine and judge for itself all matters relating to the location and character of the proposed Project.
If the Bidder should be in doubt as to the meaning of any of the Contract Documents, or is of the opinion that the Plans and Specifications contain errors or contradictions, or reflect omissions, they shall submit a written request to the Engineer for interpretation or clarification. No interpretation of the meaning of the Plans, Specifications, or other Contract Documents will be made to any bidder orally. Each such request must be in the hands of the Engineer at least five (5) days before the date for the formal opening of bids, in order that interpretation or clarification may be issued by the Engineer in the form of written addenda, mailed or delivered to all prospective Bidders. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. Failure of any bidder to receive any such addendum or interpretation shall not relieve any Bidder from any obligation under their bid as submitted, and each Bidder should verify the number of addenda issued prior to submitting their bid.
Items shown on the Plans but not noted in the Specifications, and items noted in the Specifications but not shown on the Plans, are to be considered as both shown on the Plans and noted in the Specifications. Any errors or omissions in the Specifications or on the Plans, as to the standard of the work, shall not relieve the Contractor of the obligation to furnish a satisfactory first class job in strict conformity with the best practice found in structures or in work of a similar type. The failure of the Bidder to direct the attention of the Engineer to errors or discrepancies will not relieve the Bidder, should it be awarded the Contract, of the responsibility of performing the work to the satisfaction of the Engineer.
4. RESPONSIBILITY OF THE BIDDER TO BE INFORMED
The Bidder, by and through the submission of its bid, agrees that it shall be held responsible for having theretofore examined the site, the location and the route of all proposed work, and for having satisfied themselves as to the character of the route, the location, surface and underground obstructions, known or anticipated and all other physical characteristics pertaining to the Project that could be reasonably determined including the nature of the ground and the
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water table conditions, in order that they may include in the prices bid, whether aggregate sums or unit prices, all costs pertaining to the work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstruction which will be encountered in doing the proposed work.
The Bidder shall familiarize itself with all codes and regulations applicable to the specific work involved in the Project. They shall fully comply with all requirements of applicable codes and regulations whether indicated in the Contract Drawings and Specifications or not, including any modifications made by the authorities having jurisdiction over the Contract work during the life time of the Contract.
All information given on the Drawings or in the Contract Documents relating to borings, materials encountered, and ground water, is from the reports of the boring Contractors. The logs of test borings performed by the Department's boring Contractors present factual information of the subsurface conditions at the specific test boring location only. The Bidders should not consider, or conclude, that the subsurface conditions will be consistent between test boring locations. All such information was prepared for the information of the Department's Engineers only, and permission to examine the same is extended to bidders for their convenience. In no event is such information, including any shown on the Contract Drawings, to be considered a part of this Contract.
The Bidder shall be aware that after receiving approval of the Shop Drawings by the Department the successful Bidder shall be responsible for submitting to the Building and Zoning Departments shop drawings of all pre-manufactured items and all other shop drawings as required and obtain their approval prior to the manufacturing or installation of the submitted items. The successful Bidder shall also be responsible for contesting any interpretations by the Building and Zoning Departments that the Miami Dade Water and Sewer Department considers non acceptable. The Bidders shall include in their prices bid, all costs and expenses associated with the submittals, including resubmittals (if any) of such shop drawings to the Building and Zoning Departments. The cost of any fees such as impact fees, inspection fees, and the cost of all required permits shall be borne by the Department.
The Bidders shall make site surface and subsurface examinations and investigations as they choose in order to determine the character of the material and the construction conditions under which they will work. The Bidder agrees that reasonable steps to discover the particular physical and subsurface soil conditions for this Contract shall include, but not necessarily be limited to, performing its own borings and test holes, interviewing any Contractors working at or near the site, and interviewing Contractors who have done similar work in this area and/or similar areas. If requested by the Bidder, the Department will assist it in obtaining permission for exploratory work from the governing authorities having jurisdiction over the work area. Such requests must be made with reasonable advance notice prior to the date set for the opening of bids.
5. UTILITY CONNECTION FEES NOT BIDDABLE
Utility connections fees, as hereinafter defined, shall not be included in the bid. Upon the Contractor's receipt from the utility of an invoice setting forth the utility connection fee, the Contractor shall forward said invoice to the Department and the Department shall pay the utility connection fee directly to the utility. For the purposes of this Section, "utility connection fee" includes connection charges, impact fees and other cost factors which represent a proportionate share of the cost of other water and sewer facilities.
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6. CONFLICT WITH GENERAL TERMS AND CONDITIONS
If any portion of these Instructions to Bidders should be found or appear to be in conflict with provisions of the General Terms and Conditions, the provisions of the latter shall govern.
7. OTHER WORK BEING DONE AT OR NEAR THE SITE
The Bidder in preparing its bid should take into consideration that work by other contractors may be in progress at or near the site and during the performance of the work to which the bid relates, and that the bidder will be expected, should it be awarded the Contract, to avoid interference with work being done by such other contractors.
8. QUANTITIES IN PROPOSAL APPROXIMATE ONLY
If the Proposal form contains unit price items, the quantities stated therein are approximate only and are intended to serve as a basis for the comparison of bids and to fix the approximate amount of the cost of the Project. The County does not expressly or impliedly agree that the actual amount of the work done in the performance of the Contract will correspond with the quantities in the Proposal form; the amount of work done may be more or less than the said quantities and may be increased or decreased by the Engineer as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the completion of the work, except as provided in the Contract Documents.
9. PRICES BID
The price bid for each item shall be stated in both words and figures in the appropriate places in the Proposal form. All blank spaces for bid prices must be filled in with ink, or with a typewriter. The Bidder is further directed that any and all alterations, changes, corrections and modifications, made to the bid forms prior to submission of bids, must be initialed by the Bidder. Non-compliance by the Bidder of this directive may be grounds for rejection of its bid.
In the event that there is a discrepancy between the price written in words and the price written in numbers, the price written in words shall govern except where the number of units multiplied by the unit price shown in numbers equals the total price for that bid item. In such case the unit price shown in numbers shall govern over the unit price shown in words.
Where an error is made in the calculation of the total bid price of an item, the unit price shall govern. If the bidder makes an error in its addition of the total bid prices of the applicable items in the Proposal, the correct sum of its' applicable bid item totals shall be the Total Bid.
It has been determined that the County is not exempt from the payment of Florida State Sales Tax under this Contract. All items of materials, equipment and supplies furnished by the Contractor and remaining a part of the completed Project are subject to this Tax. The Bidder shall include a sufficient amount of money to pay for this Tax in its bid price. Sufficient money to pay the Tax for all miscellaneous materials and minor items shown on the Plans, specified herein,
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or necessary for the work, and which will remain a part of the completed Project, shall also be included in the price or prices bid, and no other compensation will be provided.
10. SUBMISSION OF BIDS
Sealed bids for a Project known and identified in the subject Advertisement for Bids will be received by the Miami-Dade Water and Sewer Department in accordance with the provisions of the Advertisement for Bids. Bids/Proposals must be timely submitted in a sealed envelope or container.
The provisions of this paragraph apply only if the project is subject to Community Small Business Enterprise (CSBE) participation provisions, as indicated in the Advertisement for Bids. Along with the sealed envelope or container containing the Bids/Proposals, the Bidder shall also submit the Schedule of Intent Affidavit. Bids/Proposals received after the first envelope or container has been opened will not be opened or considered for award. Bidders/ Proposers may cure immaterial irregularities in the Schedule of Intent submitted no later than forty-eight (48) hours following written notification by the Small Business Development Division. Note that the "prescribed Proposal Form" is defined as the current Proposal Form at the time of bid and shall include any sheets added or substituted. The mailing address of the Miami-Dade Water and Sewer Department is P.O. Box 330316, Miami, Florida 33233-0316.
Telegraphic bids and/or Facsimile bids will not be considered. Once submitted, the sealed bid cannot be changed except by withdrawal and resubmittal prior to the scheduled opening thereof as provided in these Instructions entitled "Withdrawal of Bid."
11. SIGNATURE OF BIDDERS
The Questionnaire, Proposal, Bid Bond and other such instruments must each be executed in the following manner:
(a) If from a corporation, it must be signed in ink by an authorized officer, and the secretary or
assistant secretary, with the corporate seal legibly affixed. A certified copy of a resolution of the Board of Directors of the Corporation authorizing the officer who signs the instrument to do so in its behalf shall be furnished.
(b) If from an individual, sole proprietorship or a Bidder operating under a trade name, it must
be signed in ink by that individual and witnessed by at least two witnesses. (c) If from a general partnership, it must be signed in ink by one of the partners and witnessed by two witnesses. If from a limited partnership, it must be signed in ink by a general partner and witnessed by two witnesses. If the signing partner is a corporation, the Proposal shall be signed in the same manner as for a corporation. As with an individual, each signature must be witnessed by at least two persons. The signature portion of the instrument shall be altered as appropriate for execution by a corporate partner and/or all partners, if required.
(d) It must include the exact name of the contracting organization, individual or entity.
(e) It must be properly acknowledged before a notary public.
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(f) A bid submitted by a corporation must list the name of the State wherein the corporation was
chartered and the business address of the corporation.
(g) A bid submitted by a joint venture must list the name of the joint venture and the mailing address and must be executed by all members of the joint venture in the same manner as if they were individually submitting bids. The signature portion of the instrument shall be altered as appropriate for execution by the joint venture and all members of the joint venture.
12. BID SECURITY
(a) Each Bid Proposal must be accompanied by a Bid Bond, or by a certified check or Cashier's Check, in an amount not less than five percent (5%) of the total amount of the bid. The Bid Bond shall be on the prescribed form, duly executed by the Bidder as principal and having as surety therein a surety company acceptable to the County and authorized to write such Bid Bond in accordance with the qualifications specified for Performance and Payment Bonds in Section 19 of the Instructions to Bidders. ANY BID THAT IS NOT ACCOMPANIED BY A BID SECURITY SHALL BE CONSIDERED NON-RESPONSIVE. The check of any of the unsuccessful Bidders, except the three (3) Lowest Bidders, will be returned within ten (10) days after the formal opening of Bids; the check of any of the three (3) Lowest Bidders, will be returned within five (5) days after the County Mayor or the County Mayor’s designee and the Bidder submitting the accepted bid have executed the written Contract. If no such contract shall be executed within one hundred and twenty (120) days after the date of the bid opening, the check, if any, of the three (3) Lowest Bidders will be returned within ten (10) days, provided that the Bidder submitting the accepted bid has not been notified of the acceptance of their bid. The Bid Bonds of any of the unsuccessful bidders will only be returned if requested by the Bidder, following the above timetables.
The award of contract, when approved by the Board of County Commissioners, shall constitute a contractual relationship through formal acceptance of the Bidder's offer.
Under a ruling of the Attorney General of the State of Florida, there shall be affixed to each certified check, State documentary stamps in the sum of 15-cents for each $100.00 of the amount of such check, as the certification of the check by a bank becomes a written obligation to pay money and is subject to the documentary stamp tax. No bid accompanied by a certified check lacking such documentary stamps affixed will be acceptable. If a cashier's check is tendered, no documentary stamps are required.
(b) Each Bidder agrees that, in the event it withdraws their bid within one hundred twenty (120) days after the date of opening of the bid, or in the event it fails to enter into a written Contract with Miami-Dade County, Florida, in accordance with the Bid as accepted and give a Performance and Payment Bond with good and sufficient surety and provide the necessary Insurance Certificates, as may be required, all within five (5) calendar days after the prescribed forms are presented to them for signature, the check or Bid Bond accompanying their bid, and the moneys payable thereon, shall become the property of and be retained and used by the Department as liquidated damages, and not as a penalty.
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13. QUALIFICATIONS OF BIDDERS
A. Bidder Qualification It is the policy of the County to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of work specified in the Bid Solicitation are encouraged to submit Bids. To be eligible for award of a contract (including small purchase orders), Bidders must become a Registered Vendor. Only Registered Vendors can be awarded County contracts. Vendors are required to register with the County by visiting the Vendor Services Section of PMS’ web site at: http://www.miamidade.gov/procurement/vendor-registration.asp
The County endeavors to obtain the participation of all qualified small business enterprises. For information and to apply for certification, contact Small Business Development at 111
N.W. 1 Street, 19th Floor, Miami, FL 33128-1900, or by telephone at 305-375-3111. County employees and board members wishing to do business with the County are referred to in Section 2-11.1 of the Miami-Dade County Code relating to Conflict of Interest and Code of Ethics.
Bidder's Statement of Qualifications and Business References: Bidders must furnish the information requested by this form and detailed in Special Provisions Section 1.0 which will be used in determining whether the Bidder has the technical and financial ability and resources to meet the requirements of the Contract. The references and information thereon must be current and traceable. The information will, to the extent permitted by law, be treated as confidential, and except that parts of it may be discussed with persons and firms referenced by the Bidder. If the Bidder is a joint venture, each joint venture Member must prepare and submit a separate form. Extra forms, if needed, can be obtained from the Department Representative. The form must be signed by the person signing the Bid Form. If information furnished is incomplete or inadequate, additional information may be requested after Bid opening and before award Bidder’s Statement of Qualifications and Business References: Bidders must furnish the information requested by this form and detailed in Special Provisions Section 1.0 which will be used in determining whether the Bidder has the technical and financial ability and resources to meet the requirements of the Contract. The references and information thereon must be current and traceable. The information will, to the extent permitted by law, be treated as confidential, and except that parts of it may be discussed with persons and firms referenced by the Bidder. If the Bidder is a joint venture, each joint venture Member must prepare and submit a separate form. Extra forms, if needed, can be obtained from the Department Representative. The form must be signed by the person signing the Bid Form. If information furnished is incomplete or inadequate, additional information may be requested after Bid opening and before award.
B. Vendor Registration Effective September 15, 2014, to be recommended for award, the County requires that vendors complete a Miami-Dade County Vendor Registration via PMS’ online Vendor Portal:
http://www.miamidade.gov/procurement/vendor-registration.asp The vendor must have the following documents prior to registration: Miami-Dade County Local Tax Receipt (for firms with a physical location within Miami-Dade County), Certificate of Incorporation, W-9, IRS Letter 147C and an Original Notarized Summary Page. During the online registration process, the vendor shall complete the County’s Uniform Affidavit Packet (Vendors Affidavit Form). In order to complete the online registration process, the vendor shall mail the Original Notarized Summary Page within 48 hours of registering to the Vendor
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Services Section at 111 N.W. 1st Street, 13th Floor, Miami, FL 33128 for approval.
In the event that the vendor’s online registration submittal is not approved, the County may in its sole discretion, award to the next lowest responsive, responsible Bidder. In becoming a Registered Vendor with Miami-Dade County, the vendor confirms its knowledge of and commitment to comply with the following:
1. Miami-Dade County Ownership Disclosure Affidavit (Sec. 2-8.1 of the County Code)
2. Miami-Dade County Employment Disclosure Affidavit (County Ordinance No. 90-133, amending Section 2.8-1(d) (2) of the County Code)
3. Miami-Dade Employment Drug-free Workplace Certification (Section 2-8.1.2(b) of the County Code)
4. Miami-Dade Disability and Nondiscrimination Affidavit (Article 1, Section 2-8.1.5 Resolution R182-00 Amending R-385-95)
5. Miami-Dade County Debarment Disclosure Affidavit (Section 10.38 of the County Code)
6. Miami-Dade County Vendor Obligation to County Affidavit (Section 2-8.1 of the County Code)
7. Miami-Dade County Code of Business Ethics Affidavit (Article 1, Section 2-8.1(i) and 2-11(b)(1) of the County Code through (6) and (9) of the County Code and County Ordinance No 00-1 amending Section 2-11.1(c) of the County Code)
8. Miami-Dade County Family Leave Affidavit (Article V of Chapter 11 of the County Code)
9. Miami-Dade County Living Wage Affidavit (Section 2-8.9 of the County Code)
10. Miami-Dade County Domestic Leave and Reporting Affidavit (Article 8, Section 11A-60 11A-67 of the County Code)
11. Subcontracting Practices (Ordinance 97-35) (NDC Section 2-8.8)
12. Subcontractor /Supplier Listing (Ordinance 97-104) (County Code Section 2-8.1, County Code Section 10-33.01, County Code Section 10-34)
13. W-9 and IRS Letter 147C The vendor must furnish these forms as required by the Internal Revenue Service.
14. Social Security Number In order to establish a file for your firm, you must provide your firm’s Federal Employer Identification Number (FEIN). If no FEIN exists, the Social Security Number of the owner or individual must be provided. This number becomes your “County Vendor Number”. To comply with Section 119.071(5) of the Florida Statutes relating to the collection of an individual’s Social Security Number, be aware that PMS requests the Social Security Number for the following purposes:
• Identification of individual account records • To make payments to individual/vendor for goods and services provided to Miami-Dade
County
• Tax reporting purposes
• To provide a unique identifier in the vendor database that may be used for searching and sorting departmental records
15. Office of the Inspector General Pursuant to Section 2-1076 of the County Code.
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16. Small Business Enterprises (SBE) The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2-8.2, 2-8.2.3 and 2- 8.2.4 of the County Code and Title 49 of the Code of Federal Regulations. The SBE program provisions are available at http://www.miamidade.gov/business/business-development-legislation.asp.
17. Antitrust Laws By acceptance of any contract, the vendor agrees to comply with all antitrust laws of the United States and the State of Florida
C. Public Entity Crimes To be eligible for award of a contract, firms wishing to do business with the County must comply with the following: Pursuant to Section 287.133(2)(a) of the Florida 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 or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Chapter 10 of the Code of Miami-Dade County, Chapter 489 of the Florida Statutes, and the rules of the State of Florida Department of Professional Regulation shall govern the qualification for contractors and subcontractors. (See "Required Bidder's Certification", herein.) No contractor or subcontractor shall be required to possess any other professional designation or affiliation in order to be eligible to bid on a project. Unless prohibited by law, nothing shall prevent the County from requiring proof of sufficient expertise and skill to qualify for the subject project.
14. DISQUALIFICATION OF BIDDERS
(a) Not more than one proposal by the same Bidder, either under the same name or under different names, will be considered. Reasonable grounds for believing that a Bidder is interested in more than one proposal will cause the rejection of all proposals in which such Bidder is believed to be interested. Any or all proposals will be rejected if there is reason for believing that collusion exists among the Bidders, and no participant in such collusion will be considered in future proposals for the same work.
(b) As a condition of award, the Bidder must submit the Scrutinized Companies List Requirement Certification Form. In accordance with Florida Statute 215.135, a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Florida Statute 215.473, or is engaged in business operations in Cuba or Syria, is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. Furthermore, Any contract with an agency or local governmental entity for goods or services of $1 million or more entered
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into or renewed on or after July 1, 2012, is subject to of such contract at the option of the awarding body if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria.
(c) As a condition of award and in accordance with Resolution R-63-14, the Bidder must submit the Contractor Due Diligence Affidavit attesting to their recent history (prior Five (5) years) with regards to lawsuits, contract defaults, debarment and instances of Contractual non-compliance , whether related to Miami-Dade County or not.
15. WITHDRAWAL OF BID
Any bid may be withdrawn prior to the time scheduled in the Advertisement for Bids for the opening thereof, provided the Bidder makes a written and signed request to the County for its bid. A Bid may also be withdrawn one hundred twenty (120) days after the date of the opening of the bids, provided that the Bidder has not been notified that their bid has been accepted.
16. RIGHT TO ACCEPT OR REJECT BIDS
The Board of County Commissioners reserves the right to reject any or all bids, or any part of any bid, to waive any informality in any bid or to re-advertise for all or any part of the work contemplated, whenever it is deemed in the best interest of the County. The County shall be the sole judge of what is in its’ ”best interest”. The County may reject any Bid if prices are not fair and reasonable, as determined by the County, and/or exceed the County’s estimated budget for this Bid Solicitation. Solicitations which result in a single or too few qualified bidders when a pool of qualified bidders is sought may be cause for rejection. Bids from any person, firm or Corporation in default on other contracts or agreements with the County may be rejected. Bids on pipeline installation contracts from any person or entity who has failed to properly perform pipeline installation work for the County may be rejected. Failure by the Bidders to satisfy claims on previous contracts with the County may be cause for rejection of their bid. Bids which are unbalanced, irregular, or obscure, or which do not comply in every respect with the Instructions to Bidders, may be rejected at the option of the County Commissioners. A proposal is irregular and the Department may reject it if it shows omissions, alterations of form, additions not specified or required, conditional or unauthorized alternate bids, or irregularities of any kind; if the cost is in excess of or below the Department’s construction estimate; or if the unit or aggregate sum prices are obviously unbalanced. Where prices are unbalanced, the County additionally reserves the right to award such contract contingent on the bidder reallocating funds across the bid items such that the bid is no longer unbalanced, and so long as such reallocation does not increase the total price bid by the bidder.
17. AWARD OF CONTRACT
If bids are found to be acceptable by the Board of County Commissioners, a Contract will be awarded to that responsive, responsible Bidder whose evaluated bid totals the lowest number of dollars and in accordance with Ordinance No. 01-21 (County Code Section 2-8.5). Notice of acceptance of their proposal and award of Contract to them will be given to the successful Bidder
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by a registered or certified letter to the address stated in the Proposal form.
The award, when approved by the Board of County Commissioners, and after the ten (10) days that the Mayor has to veto the action taken by the Board, shall constitute a legally binding Contract which shall be subsequently evidenced by the execution of the Contract Documents through formal acceptance of the Bidder's offer.
Although the purpose of this Solicitation is to secure a contract that can satisfy the needs of the Department, it is hereby agreed and understood that this Solicitation does not constitute the exclusive rights of the successful Bidder(s) to receive all orders that may be generated by the Department in conjunction with this Solicitation or for this type or similar types of work. Further contracts for identical or similar types of work may be let as is in the best interest of the County.
By acceptance of this Contract, the Successful Bidder acknowledges compliance with the procedures contained in Section 2-8.1(c) of the Code of Miami-Dade County, and as amended by Ordinance 95-178, (County Code Section 2-8.1(c) which requires that all delinquent and currently due fees, taxes and parking tickets have been paid. To verify or satisfy all delinquencies and currently due fees, taxes and parking tickets, contact the Miami-Dade County Tax Collector's Division.
18. EXECUTION OF CONTRACT
After the Contract award the Bidder to whom a Contract is awarded will be required to execute, in four (4) counterparts, each of which shall be deemed an original, the prescribed Contract document and Performance and Payment Bond within five (5) calendar days from the date of notice to them that the Contract document is ready for execution. The necessary Insurance Certificates as provided herein shall also be delivered within this five (5) day period.
19. PERFORMANCE AND PAYMENT BOND
Simultaneously with the delivery of the executed Contract document to the County, the Bidder to whom the Contract has been awarded must deliver to the County an executed Performance and Payment Bond on the prescribed form or in Cash, in the total amount of the accepted bid, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. If Cash is used in lieu of the bond, all terms and conditions stipulated in the bond shall be just as applicable. The Performance and Payment Bond shall have as the surety thereon only such surety company or companies as are acceptable to the County and are authorized to write bonds of such character and amount in accordance with the following qualifications:
(a) All bonds shall be written through surety insurers authorized to do business in the State of
Florida as surety, with the following qualifications as to management and financial strength according to the latest (1986 or later) edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey:
Bond Amount Best Rating
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500,001 to 1,500,000 B V 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000,000 A VII 5,000,000 to 10,000,000 A VIII Over 10,000,000 A IX
(b) On contract amounts of 500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by:
1. Providing evidence that the Surety has twice the minimum surplus and capital required
by the Florida Insurance Code at the time the invitation to bid is issued.
2. Certifying that the Surety is otherwise in compliance with the Florida Insurance Code, and 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under ss. 31 U.S.C. 9304-9308.
Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular.
(c) For contracts in excess of 500,000 the provision of Section B will be adhered to plus the
company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List.
(d) Surety Bonds guaranteed through U.S. Government Small Business Administration or
Contractors Training and Development Inc. will also be acceptable.
(e) The attorney-in-fact or other officer who signs performance and payment bond for a surety company must file with such bond a certified copy of their power of attorney authorizing them to do so. The performance and payment bond must be counter signed by the surety's resident Florida agent.
Florida Statutes 255.05 provide for the following conditions to be made in all Performance and Payment Bonds relating to public projects. The same conditions shall be just as applicable for Cash used in lieu of the bond.
"A claimant, except a laborer, who is not privity with the Principal and who has not received
payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Principal with a notice that it intends to look to the bond for protection.
A claimant who is not in privity with the Principal and who has not received payment for their
labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment.
No action for the labor, materials, or supplies may be instituted against the Principal or the Surety
unless both notices have been given. No action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery
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of the materials or supplies".
The Performance and Payment Bond or Cash shall guarantee the work, including all warranties for one (1) year from the date of final acceptance, and shall guarantee that the work is free from latent defects for the five (5) years following the date of final acceptance of the work.
This bond does not limit the County’s ability to pursue suits direct with the Principal seeking damages for latent defects in material or workmanship, such actions being subject to the limitations found in Section 95.11 (3) (c), Florida Statutes.
20. DISCLOSURE AFFIDAVIT
The Bidder shall comply with Dade County Ordinance No. 90-133 (County Code Section 2-8.1(d) which requires that all persons or agencies entering into contracts with the County, or conducting business transactions with the County, disclose under oath their full legal name and business address (post office box addresses will not be acceptable). The Ordinance further requires that all individuals having any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction also be identified.
The Miami-Dade County Vendor Affidavits Form (Uniform County Affidavits) must be completed, sworn to and notarized by the Lowest Responsive Bidder prior to the award of any County contract.
Any Bidder not signing and submitting a completed affidavit shall not be awarded a Contract with Miami-Dade County. Any contract or transaction entered into in violation of the Ordinance is voidable, and any person who willfully fails to disclose the required information or who knowingly discloses false information can be punished by civil or criminal penalties, or both, as provided in the Ordinance.
21. RESPONSIBLE WAGES AND BENEFITS
(ORDINANCE 90-143) (County Code Section 2-11.16)
Contracts $100,000 and Over
For all project Contracts covered by these specifications bid in excess of $100,000, Ordinance 90-143 (County Code Section 2-11.16), including the current year Wage and Benefit Schedule shall be applicable. Wage Rates for current year are available at the following Website: http://www.miamidade.gov/smallbusiness/responsible-wages-and-benefits.asp Contracts At Or Near $100,000
For all project Contracts covered by these specifications that have an estimated value at or near $100,000, the point at which Ordinance 90-143 (County Code Section 2-11.16) comes into effect, special instructions apply. It is recommended that bidders first cost out such a project using the employee wage and benefit rates that they normally apply in preparing bids. If the estimate using these rates falls below $100,000, then there is no need to recalculate the bid using the wage and benefit levels in the subject ordinance. However, if the bid comes out to be $100,000 or greater
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using the rates that would normally be used, then, unless these rates are in fact the same as those that appear in the current year Wage and Benefit Report, the bid must be recalculated using the rates from this report.
Contracts Below $100,000
For all project Contracts covered by these specifications bid below $100,000, Ordinance 90-143 (County Code Section 2-11.16) will not be applicable.
22. VENDORS AFFIDAVIT
The Bidder shall comply with Dade County Ordinance No. 93-129 (County Code Section 10-38), which prevents contractors, subcontractors, their officers, their principals, stockholders, and their affiliates who have been debarred by the County, from entering into contracts with the County during the period for which they have been debarred.
It is the bidder's responsibility to ascertain that none of the subcontractors, their officers, principals or affiliates, as defined in the ordinance, are debarred by the County pursuant to Ordinance No. 93-129 (County Code Section 10-38) and Administrative Order 3-38 before submitting a bid. The Vendor Affidavits Form (Uniform County Affidavits)Pursuant to Ordinance 93-129 (County Code Section 10-38) requires the Bidder to affirm, under oath, that neither the bidder, its subcontractors, or their officers, principals or affiliates, as defined in the ordinance, are debarred by the County at the time of the bid.
Any Bidder who fails to complete the Vendor Affidavits Form (Uniform County Affidavits) Pursuant to Ordinance 93-129 (County Code Section 10-38) shall not be awarded a Contract with the County. Any contract or transaction entered into a violation of Ordinance 93-129 (County Code Section 10-38) is void, and any person who willfully fails to disclose the required information or who knowingly discloses false information can be punished by civil or criminal penalties, or both, as provided for in the law.
23. INSPECTION OF SITE
This project site access will only be provided during the pre-bid conference or duly noticed site visit by all Contractors. Those sites that are in the public Right of Way may be visited by the Contractor at their discretion.
24. PROTEST PROCEDURES
Refer to the Protest Procedures County Code Section 2-8.4.
25. PENALTY FOR WORK WITHOUT PERMITS
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The Bidder is advised that should it become the Contractor for this project, any work performed within the public right of way without having obtained the necessary permits shall subject them to a ten thousand dollar ($10,000) penalty upon discovery by the Department. Said penalty shall be withheld from the first and if necessary successive payments to the Contractor.
26. INDEPENDENT PRIVATE SECTOR INSPECTOR GENERAL
The County shall have the right but not the obligation to retain the services of an Independent Private-Sector Inspector General (IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance of the Contractor and County in connection with this Contract. Accordingly, the appropriate amount for payment of an IPSIG will be reserved by the Department. This amount will not be reflected in the Proposal. Said amount shall equal the following percentage of Contract Price:
Percentage Contract Price
1.00% $ 0 -- $10 million 0.75% $10 million -- $30 million 0.50% $30 million and over
Refer to County Code Section 25B-32 Independent Audit and County Code Section 2-1076 Office of the Inspector General for further details.
The "Contract Price" listed above shall be the sum of all bid items including the allowance account(s).
27. ANTI-DISCRIMINATION ORDINANCE ADMINISTRATIVE ORDER
It is the policy of Dade County to eliminate and prevent discrimination in contracting, procurement, bonding, and financial services activities because of race, color, religion, ancestry, national origin, gender, pregnancy, age or disability, or to engage in any form of sexual harassment. To this end all bidders and suppliers shall familiarize themselves with the provisions of Miami-Dade County Administrative Order 3-23. These entities are further specifically advised that provisions of this order require that contractors bidding on county contracts and suppliers providing price quotations to bidders on county contracts shall maintain detailed phone logs in regard to, respectively, contacts between contractors and subcontractors and between suppliers and bidders for county contracts as specifically provided in the Administrative Order. Further, that these logs shall be available to Miami-Dade County personnel and may furnish evidence as to whether discriminatory activities have occurred as provided in the A.O.
28. COUNTY CONTRACTORS EMPLOYMENT AND PROCUREMENT PRACTICES ORDINANCE 98-30 (County Code Section 2-8.1.5)
In accordance with the requirements of Ordinance 98-30 (County Code Section 2-8.1.5), all firms with annual gross revenues in excess of $5 million, seeking to contract with Miami-Dade County, shall as a condition of award have a written Affirmative Action Plan and a Procurement Policy
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that is subject to periodic review by the County's Small Business Development Division. Firms whose Boards of Directors are representative of the population make-up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Small Business Development Division. These requirements shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women-owned business. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance.
29. OFFICE OF MIAMI-DADE COUNTY INSPECTOR GENERAL
Pursuant to Ordinance No. 97-215 (County Code Section 2-1072), the Office of the Miami-Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall, on a random basis, perform audits on all County contracts throughout the duration of said contract (hereinafter “mandatory random audits“). Said mandatory random audits are separate and distinct from any other audit by the County or any audit performed under Section 26, INDEPENDENT PRIVATE-SECTOR INSPECTOR GENERAL, herein. The cost of mandatory random audits is 1/4 of one percent of the Contract price. This cost shall be incorporated into the Contract price by the Bidder. The Department will deduct from each progress payment 1/4 of one percent of that payment to fund the Office of the Miami-Dade County Inspector General.
30. REPORTING OF SUBCONTRACCTING POLICIES AND PROCEDURES
ORDINANCES 98-159 (County Code Section 2-8.8) AND 97-104 (County Code Section 2-8.1 (a-f), County Code Section 10-33.1, County Code Section 10-34)
Miami-Dade County Ordinance 98-159 (County Code Section 2-8.8), Reporting of Subcontracting Policies and Procedures, requires that, prior to award, bidders provide a detailed statement of their policies and procedures for awarding subcontracts and gives guidelines for these policies and procedures. Furthermore, failure to provide the required statement shall preclude the bidder from receiving the Contract.
All successful bidders/respondents on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 (County Code Section 2-8.8), requiring bidders/respondents to provide a detailed statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract;
b) invites local subcontractors to submit bids in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid; d) allows local subcontractors to meet with appropriate personnel of the bidder to
discuss the bidder's requirements; and e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the bidder's stated objectives.
All bidder/respondents seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/respondents who fail to
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provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. Ordinance 97-104 (County Code Section 2-8.1 (a-f), County Code Section 10-33.1, County Code Section 10-34), To Require Listing of Subcontractors and Suppliers on County Contracts, as amended by Ordinance 00-30 (County Code Section 10-34), requires that for all contracts where the use of subcontractors is not precluded and involving the expenditure of $100,000 or more, the entity contracting with the County must list all first tier subcontractors and suppliers directly providing services or material to the contracting entity and that this list must be submitted by the successful bidder as a condition of award. Further, the Contractor may not change or substitute subcontractors or suppliers from those listed without written approval of the County. The Bidder’s attention is directed to Ordinances 97-104 (County Code Section 2-8.1 (a-f), County Code Section 10-33.1, County Code Section 10-34) and 00-30 (County Code Section 10-34), for further details.
Ordinance 97-104, (County Code Section 2-8.1 (a-f), County Code Section 10-33.1, County Code Section 10-34), applies to all contracts whether competitively bid by the County or not. Those contracts that have received authorization by the Board of County Commissioners to waive formal bidding procedures must also provide a listing of all first tier subcontractors and direct suppliers.
Subcontractor/Supplier Listing, SUB Form 100, may be utilized to provide the information required by this paragraph. A successful bidder or respondent who is awarded the Contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the Contract work to be performed or materials to be supplied from those identified in the listing submitted except upon written approval of the County.
31. MANDATORY POSTING NOTICES OF JOB OPPORTUNITIES WITH CLEARINGHOUSE
The Contractor is hereby advised of Resolution No. 1145-99, resolution amending Resolution No. 937-98, by making it a mandatory requirement for contractors to post notice of job opportunities resulting from the construction of improvements on County property through the County's Clearinghouse process. The procedures direct the Contractor to forward a notice of job vacancy(ies) created as a result of this construction work to the Director of the Employee Relations Department, located at Stephen P. Clark Center, 111 N.W. 1st. Street, Suite 2110, Miami, Florida, 33128. The job vacancy notice(s) should be delivered within ten (10) working days following award of Contract. The Director of the Employee Relations Department will in turn distribute said job announcements to all Miami-Dade County facilities participating in the notification requirements of Resolution No. 1145-99.
32. REQUIRED BIDDER'S CERTIFICATION
Bidder must hold at the time their bid is submitted:
A. Current valid certificate, as listed below, qualifying the Bidder to perform the work contemplated by these Contract Documents. Failure to hold the appropriate certificate at the time this Bid is submitted shall render the Bid non-responsive.
1) The State of Florida Construction Industry Licensing Board, pursuant to the provisions
of Section 489.115 of the Florida Statutes; or
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2) The Miami-Dade County Construction Trades Qualifying Board, pursuant to the
provisions of Section 10-3 (a) of the Miami-Dade County Code. Holders of Miami-Dade County Certificates of Competency must also hold Certificates of Registration issued by the State of Florida Construction Industry Licensing Board, pursuant to the provisions of Section 489.117, Florida Statutes.
B. If Bidder is a joint venture, the joint venture entity, of whatsoever nature or qualifications,
must be qualified as a separate and distinct entity, as required by the rules of the State of Florida Department of Professional Regulations. Joint Venture Bidders not otherwise qualified as set forth above, may submit Qualifications if they have initiated the process with the Florida Construction Industry Licensing Board and have received a letter from the Department of Professional Regulations (DPR) attesting that they have satisfied the requirements of the State of Florida Department of Professional Regulations pertaining to the Qualifications of Joint Ventures. Such letters must be submitted with the Bid.
Failure to comply with the provisions of this Section, at the time this Bid is submitted, shall render the Bid non-responsive.
33. COST BREAKDOWN
The cost breakdown (schedule of values) required by Article 9 of the General Terms and Conditions, shall be submitted to the Engineer by the Contractor for approval by the Engineer within seven days after notification of award of Contract. The schedule of values shall be used as the basis for making progress payments and for determining the cost of extra work where the extra work is an increase in the quantity of work included in the cost breakdown. The cost breakdown shall be complete, with each item of materials, equipment and supplies listed, together with the quantity and price thereof, the sum of which shall be equal to the aggregate sum prices bid for "materials, equipment and supplies". The breakdown shall include a separate column of figures which shall be the cost of installation of the above items, which cost shall include prorated share of bonds, insurance, overhead and profit. The sum of this second column of figures shall be equal to the aggregate sum prices bid for "all other costs incurred in completing the project". Any item(s), as determined by the Department to be unbalanced, will not be acceptable.
The Contractor shall retain a copy of the cost breakdown in their files for reference purposes.
34. TRENCH SAFETY ACT
The purpose and intention of the State of Florida "Trench Safety Act" is to provide for increased worker safety by requiring compliance with sufficient standards for trench safety when the excavation is in excess of five (5) feet deep.
The Florida Trench Safety Act is hereby incorporated herein by reference and made a part hereof as though fully set forth herein. By signing and submitting the Proposal, the Bidder certifies that it is fully aware of the Trench Safety Act, and that it is thoroughly knowledgeable of its provisions and referenced data and standards, and further, that it understands what will be required of them should it become the successful Bidder/Contractor when performing trench excavations in excess of five (5) feet deep.
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35. PAPERWORK REDUCTION
In an effort to reduce the complexity and paperwork involved in submission of bids for County work, the administration and Board of County Commissioners have consolidated most of the forms into a single affidavit, Vendor Affidavits Form (Uniform County Affidavits), which replaces the individual submission of the following: Ownership Disclosure Affidavit, Employment Disclosure Affidavit, Employment Drug-Free Workplace Certification, Disability and Nondiscrimination Affidavit, Debarment Disclosure Affidavit, Vendor Obligation to County Affidavit, Code of Business Ethics Affidavit, Family Leave Affidavit, County Living Wage Affidavit, Domestic Leave Affidavit. The Bidders are specifically advised that the requirements of performing work for the County addressed in these affidavits are still in effect.
36. FALSE CLAIMS ORDINANCE 99-152 (County Code Section 21-255 thru 266)
This is an ordinance prohibiting presentation, maintenance, or prosecution of false or fraudulent claims against Miami-Dade County; requiring forfeiture of any claim containing false or fraudulent allegations or statements; imposing penalties for submission of false or fraudulent claims; providing both county and private enforcement.
The Bidder is required to maintain a final bid takeoff, pursuant to Miami-Dade County Ordinance 99-152 (County Code Section 21-255 thru 266). The final bid takeoff shall be the final estimate, tabulation, or worksheet prepared by the bidder in anticipation of the bid submitted, and shall reflect the final bid price. The final bid takeoff shall contain a line item for overhead costs. No claim for delay or other damages against the County by the bidder shall lie where the final bid takeoff has not been maintained. At the request of the County, the bidder shall certify the final bid takeoff. False certification of the bid takeoff may subject the bidder to civil or criminal penalties, debarment, or forfeiture of a claim made by the bidder, pursuant to the terms of Ordinance 99-152 (County Code Section 21-255 thru 266).
37. OUTSTANDING OBLIGATIONS TO THE COUNTY
The Bidder shall comply with Dade County Ordinance No. 99-162 (County Code Section 2-8.1) and Administrative Order (A.O.) No. 3-29, which require that the individual or entity seeking to transact business with the County to verify in the Vendor Affidavit that the individual or entity is current in its obligations to the County and is not otherwise in default of any County contract. The Ordinance and A.O. also require that any individual or entity in arrears in any payment under a contract, promissory note or other loan document with the County or any of its instrumentalities, including the Public Health Trust shall not be allowed to receive any additional County contracts, purchase orders or extensions of County contracts until either the arrearage has been paid in full or the County has agreed in writing to a repayment schedule. Failure to meet the terms of and conditions of any obligation or repayment schedule shall constitute a default of this Contract and may be cause for suspension, termination and debarment in accordance with the terms of this Contract and the debarment procedures of the County.
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38. ALLOWANCE ACCOUNT AND APPROVED PERMIT FEE CALCULATION
The Bidder is required to calculate the Allowance Account amount and the Approved Permit Fee Reimbursement amount as specified percentages of the subtotal of their bid prices for the various bid items.
Refer to the end of the list of bid items in the Proposal. Calculate the Subtotal as shown and then multiply the Subtotal by the decimal value of the specified approved permit fee reimbursement percentage. Enter the result of this multiplication for the approved permit fee reimbursement amount. Then multiply the same Subtotal by the decimal value of the specified allowance account percentage. Enter the result of this multiplication for the allowance account item.
39. COMMUNITY WORKFORCE PROGRAM
This Contract may be subject to a Community Workforce Goal in accordance with Ordinance 03-1 (County Code Section 2-1701) and Administrative Order 3-37. Should a workforce goal be applicable to this Contract, Participation Provisions outlining the requirements to comply with the established workforce goal will be attached and is part of this solicitation.
40. RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM
All Contractors and subcontractors of any tier performing on a County Construction Contract shall satisfy the requirements of Section 2-11.17 of the Code of Miami-Dade County and Implementing Order 3-61, Residents First Training and Employment Program, which provides that any County contract valued in excess of $1,000,000 for the construction, demolition, alteration and/or repair of public buildings or public works, or a contract or lease valued in excess of $1,000,000 which provides for privately funded construction, demolition, alteration or repair of buildings or improvements located on County-owned land, the Contractor agrees:
(i) Prior to working on the project, all persons employed by the Contractor to perform
construction shall have completed, the OSHA 10 Hour safety training course established by the Occupational Safety and Health Administration of the United States Department of Labor. Such training does not need to be completed at the time of bidding but shall be completed prior to the date persons are employed on the project.
(ii) The Contractor will make its best reasonable efforts to promote employment opportunities for local residents and seek to achieve a project goal of having fifty-one percent (51%) of all Construction Labor hours performed by Miami-Dade County residents. To verify workers' residency, firms shall require each worker to produce a valid driver's license or other form of government-issued identification. County residents employed in furtherance of the goal set forth in the County's Community Workforce Program shall be counted towards the fifty-one percent (51%) goal.
Included for use by bidders/proposers are the various Residents First Training and Employment Program affidavits and forms applicable to this solicitation and Contract documents. Please note these forms are also available at http://www.miamidade.gov/smallbusiness/business-
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development-forms.asp and are identified with the prefix RFTE. The Responsible Contractor/Subcontractor Affidavit – Form RFTE 1 should be submitted with the Bid documents.
41. SUSTAINABLE BUILDINGS PROGRAM
The attention of the Contractor is hereby directed to the requirements of Miami-Dade Code Chapter 9, Article III Sections 9-71 through 9-75, Sustainable Building Program, as created by Ordinance 07-65 and published in Implementing Order 8-8. The primary mechanism for determining compliance with the Sustainable Building Program shall be the U. S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Rating System. All construction projects are required to meet the standards delineated in Ordinance 07-65. Compliance shall be determined by completing a formal certification process with the U.S. Green Building Council, or as otherwise directed by the County’s Sustainability Manager.
a. New Construction (NC): All new construction projects shall be required to
attain “Silver” or higher level rating under the LEED-NC Rating System.
b. Major Renovations and Remodels: All major renovations and remodels shall attain “Certified” or higher level rating under the LEED-NC Rating System.
c. Non-Major Renovations and Remodels: All non-major renovations and remodels shall attain “Certified” or higher level rating under the appropriate LEED Rating System such as LEED-NC, LEED-Existing Building (EB) or LEED-Commercial Interior (CI).
d. Renovations, remodels, and other building upgrades not meeting the above criteria are encouraged to incorporate the maximum number of LEED approved green building practices as are feasible from a practical and fiscal perspective; however, LEED certification will not be required.
42. LOCAL PREFERENCE ORDINANCE
The attention of the Contractor is hereby directed to the requirements of the Code of Miami-Dade County, Section 2-8.5; Local Preference Ordinance, which except where Federal or State law mandates to the contrary, allow preference to be given to a local business. For the purposes of the applicability of this Code section, “local business” means the bidder has a valid business tax receipt issued by Miami-Dade County at least one year prior to bid submission, and a physical business address located within the limits of Miami-Dade County from which the vendor operates or performs business. A Post Office Box cannot be used to establish a physical address. Additionally, a Locally-Headquartered Business shall mean a Local Business as defined above which has a “principal place of business” in Miami-Dade County. “Principal place of business” means the nerve center or the center of overall direction, control, and coordination of activities of the bidder. If the bidder has only one business location, such business location shall be its principal place of business.
A. If the Low bidder is not a Local Business, then any and all responsive and
responsible Local Businesses submitting a price within ten percent of the Low bid, the Low Bidder, and any and all responsive and responsible Locally-Headquartered
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Businesses submitting a price within fifteen percent of the Low Bid, shall have an opportunity to submit a best and final bid equal to or lower than the Low Bid.
B. If the Low Bidder is a Local Business which is not a Locally-Headquartered
Business, then any and all responsive and responsible Locally-Headquartered Businesses submitting a price within five percent of the Low Bid, and the Low Bidder shall have an opportunity to submit a best and final bid equal to or lower than the Low Bid.
Ties in best and final bid shall be resolved in the following order of priority: Locally-Headquartered Business, Local Business, other business.
At this time, there is an inter-local agreement in effect between Miami-Dade and Broward Counties which has been extended to September 30, 2017 by Resolution 831-15. Therefore, a vendor in Broward County, that meets the requirements above in Broward County, shall be considered a local business pursuant to this Section.
43. HOMELAND SECURITY’S E-VERIFY SYSTEM
The attention of the Contractor is hereby directed to the requirements of the State of Florida Office of the Governor Executive Order No. 11-02. The Contractor hereby agrees to utilize the U.S. Department of HOMELAND SECURITY’S E-VERIFY SYSTEM, in accordance with the terms governing use of the system, to confirm the employment eligibility of all persons assigned or authorized by the Contractor to perform work pursuant to the Contract with the County.
44. USER ACCESS PROGRAM (UAP)
The attention of the Contractor is hereby directed to Special Provision SP-6.0 to determine if the User Access Program applies to this contract. If the UAP applies, then under the requirements of Ordinance No. 13-103 (County Code Section 2-8.10), this Contract will be subject to a user access fee under the County’s User Access Program (UAP) in the amount of two percent (2%). All construction services provided under this Contract are subject to the 2% UAP. This fee applies to all Contract usage whether by County Departments or by any other governmental, quasi-governmental or not-for-profit entity. From every payment made to the Contractor under this Contract (including the payment of retainage), the County will deduct the two percent (2%) UAP fee provided in the ordinance and the Contractor will accept such reduced amount as full compensation for any and all deliverables under the Contract. The County shall retain the 2% UAP for use by the County to help defray the cost of its procurement program. Contractor participation in this pay request reduction portion of the UAP is mandatory.
45. ASBESTOS
Regulated Asbestos Work Activities/Abatement Contractors
The abatement of asbestos containing material (ACM) shall be performed by a Florida Licensed Asbestos Contractor (FLAC). The FLAC shall provide proof of business license, asbestos workers qualifications (medical, fit-test, and training), site work action plan, company safety and respiratory protection plan, and an approved copy of the EPA- NESHAP Demolition and Renovation
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Notification Form prior to the Notice To Proceed.
Prohibition on Asbestos Containing Materials during new installation
The Department will not accept any ACM. It shall be the Contractor’s responsibility to verify that materials furnished to the Department contain no asbestos minerals. Any materials found to have asbestos and installed by the Contractor shall be removed at the Contractor’s expense. Prior to the project start date, the awarded Contractor must submit documents certifying that the materials to be installed during the project are asbestos free.
The Contractor is hereby alerted to the fact that some ACM are manufactured abroad may contain asbestos containing minerals from the serpentine or amphibole group. The asbestos containing minerals to be avoided are as follows:
Asbestos Type CAS # Formula
Chrysotile 12001-29-5 Mg3(Si2O5)(OH)4
Amosite 12172-73-5 Fe7Si8O22(OH)2
Crocidolite 12001-28-4 Na2Fe²+3Fe³+2Si8O22(OH)2
Tremolite 77536-68-6 Ca2Mg5Si8O22(OH)2
Actinolite 77536-66-4 Ca2(Mg, Fe)5(Si8O22)(OH)2
Anthophyllite 77536-67-5 (Mg, Fe) 7Si8O22(OH)2
Richterite 17068-76-7 Na(Ca,Na) (Mg, Fe++)5(Si8O22)(OH)2
Winchite (Ca, Na)Mg4(Al,Fe³+)(Si8O22)(OH)2
The Contractor shall check the label of every product submitted. Shop drawing approval shall not absolve the Contractor of the responsibility of submitting asbestos free materials.
46. THANKSGIVING-CHRISTMAS SHUT DOWNS AND WORKING HOURS
The Bidder is advised that, if the work of this project includes work in the public right of way, that work may be shut down by the roadway governing authority during the period from the beginning of the Thanksgiving holiday through the end of the New Year holiday or some portion(s) of that period. Unless otherwise specifically called out herein, or granted by the Engineer in writing, no extension of Contract time will be allowed due to such a shut down. If any extension of time is allowed, it will be of a non-compensable nature. All costs of such a shutdown including any demobilization/re-mobilization costs shall be the sole responsibility of the Contractor and no extra compensation will be allowed. Upon ending of any such shut down, the Contractor shall immediately resume construction operations unless otherwise ordered by the Engineer in writing.
The Contractor shall fully comply with any special working hours, and with all other requirements of the Permits, at no additional cost to WASD. Working hours noted in permits or the specifications
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are subject to change. In the event that changed working hours affects the work of the Contractor, the Contractor’s sole remedy shall be a non-compensable time extension. Said extension to be full compensation for all direct and indirect costs, including but not limited to loss of efficiency, loss of opportunity, increased bond or insurance premiums, or home office or extended overhead, incurred by the Contractor as a result of such change, and no additional compensation shall be considered. Night work may be required as a part of the construction.
47. SAFETY, FIRE PREVENTION, AND ENVIRONMENTAL CONSIDERATIONS A. The Contractor shall comply with the rules and regulations of the Florida Department of
Commerce regarding Industrial Safety under Section 440.56 Florida Statutes, Safety Rules Workers Compensation Laws and with United States Williams Steiger Occupational Safety and Health Act of 1970 commonly referred to as "OSHA", as applicable, and other national consensus standards of safety pertaining to particular trades.
B. The Contractor shall be solely responsible for developing and implementing a “Site-Specific”
Safety and Health Plan (“S&H Plan”) pursuant to the terms of this Contract, and shall at a minimum, conform and comply with all Laws governing safety and health in the work place.
C. Prior to commencing any work at the work site, the Contractor shall submit its S&H Plan which
shall include, but is not limited to, the following:
o Hurricane Plan o Identification of competent person o Safety statistical data, which will include severity and lost-time frequencies o Contractor daily project safety inspections o Project Emergency Notification List (updated as needed) o Equipment certification and daily inspection o Trenching inspection o Confined Space Entry Permitting and coordination o Maintenance of Traffic Inspection o Hazard Communication o Work zone safety and flagging o Lockout/Tagout Coordination o Fire prevention, hotwork permitting, and Fire Watch
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SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
CONTRACT S‐898
1
Table of Contents SP 1.0 ADDITIONAL QUALIFICATIONS OF BIDDERS ............................................................. 2
SP 2.0 INSURANCE REQUIREMENTS .......................................................................................... 3
SP 3.0 LIQUIDATED DAMAGES ..................................................................................................... 4
SP 3.1 Liquidated Damages ........................................................................................................ 5
SP 3.2 Consent Decree Liquidated Damages .......................................................................... 5
SP 3.2.1 Construction Completion Milestones ................................................................... 5
SP 3.2.2 Consent Decree Liquidated Damages ................................................................ 6
SP 4.0 SMALL BUSINESS MEASURES ........................................................................................ 7
SP 5.0 COMMUNITY WORK FORCE GOALS .............................................................................. 8
SP-6.0 USER ACCESS PROGRAM ................................................................................................ 8
SP-70 WORKING HOURS AND INSPECTION CHARGES ......................................................... 8
SP-8.0 REVIEW OF RECORDS ....................................................................................................... 9
SP-9.0 OWNER FURNISHED MATERIAL ..................................................................................... 9
SP-10.0 MICRO TUNNELING ............................................................................................................. 9
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SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
These Special Provisions are intended to modify, clarify, or quantify items within the General Terms and Conditions and Instructions to Bidders based on the unique requirements of this contract.
SP 1.0 ADDITIONAL QUALIFICATIONS OF BIDDERS
In order to aid the County in making an award of the Contract, the Bidder shall submit, with his Proposal, satisfactory proof of his qualifications to begin construction promptly, to perform in a satisfactory manner and to complete all of the work covered by the Contract Documents within the time specified in the Proposal. Failure to submit this information with his bid may be cause for the Bidder to be non-responsive. He shall submit, among other things, detailed information identifying all personnel to be utilized on this project and evidence with respect to the following:
(a) That he has a well-trained and competent organization which has done work of similar character and value;
(b) That he will have available to do the work at the proper time or times, adequate equipment and facilities, listing such equipment and facilities in such detail that they can be quickly and accurately checked;
(c) That he has ample repair parts and supplies to maintain all equipment and facilities properly and with a minimum of delay;
(d) If the Bidder is a corporation, the names of all corporate officers and the name of the executive who will give his personal attention to the work;
(e) Detailed financial information relating to the resources of the Bidder.
Forms for submitting data and information relating to the financial responsibility of the Bidder are attached to the Proposal form and Bidders are requested to use such forms for the purpose intended.
Chapter 10 of the Code of Miami-Dade County, Chapter 489 of the Florida Statutes, and the rules of the State of Florida Department of Professional Regulation shall govern the qualification for contractors and subcontractors. (See "Required Bidder's Certification", herein.) No contractor or subcontractor shall be required to possess any other professional designation or affiliation in order to be eligible to bid on a project. Unless prohibited by law, nothing shall prevent the County from requiring proof of sufficient expertise and skill to qualify for the subject project.
In addition to the general qualifications provided in Section 13 of the Instruction To Bidders, Bidders shall submit proof that his/her firm has successfully completed at least three (3) comparable projects which included the installation of at least 2,500 feet and a minimum of 48-inch diameter pipe or larger. For the project to be considered complete, the pipe installation must have been completed and accepted by the project owner prior to the bid submittal date. At least two (2) of the projects shall be for the installation of a concrete sanitary sewer main and included shoring.
CONTRACT S‐898 2
S-898 038
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
Experience: Bidders must have completed at least 3 projects as required above and provide project information on Proposal Page 10 of 11, providing owner’s name, project name, contact name and telephone numbers of owners or representatives that the County can confirm information project listed.
SP 2.0 INSURANCE REQUIREMENTS
Prior to execution of the Contract by the County and commencement of work, the Contractor shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained until work has been completed to the status specified below.
The Contractor shall furnish to Miami Dade Water and Sewer Department - 3071 S.W.
38th Avenue, Miami, FL 33146-2221:
1. Certificate(s) of Insurance which clearly indicate that he has obtained the insurance coverages required in paragraphs a, b and c.
2. Original Policies which indicate the coverages required in paragraph d)
a) Worker's Compensation Insurance - as required by Chapter 440, Florida
Statutes.
b) Commercial General Liability in an amount not less than $1,000,000.00 per occurrence for Bodily Injury and Property Damage combined single limit per occurrence. Insurance shall include coverage for Explosion, Collapse & Underground Hazards. Miami-Dade County must be shown as an additional insured with respect to this coverage.
c) Automobile Liability Insurance - covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000.00 per occurrence for Bodily Injury and Property Damage combined single limit per occurrence.
The Public Liability Insurance coverage as required in paragraph b) above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract.
All insurance policies required above shall be issued in companies authorized to do
business under the laws of the State of Florida, with the following qualifications as to management and financial strength:
The Company must be rated no less than "A" as to management, and no less than "Class
"VII" as to strength, by the latest edition of Best's Insurance Guide, published by A. M. Best Company, Oldwick, New Jersey.
CONTRACT S‐898 3
S-898 039
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
CONTRACT S‐898
4
The Contractor shall furnish Certificates of Insurance to the County prior to commencing any operations under this Contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount and classifications, in strict compliance with this Section. All insurance required by the Contract shall stay in force until construction of the Project is complete to a point where no construction personnel of the Contractor or any subcontractor are required to be on the site of the work and all survey work for as-built drawings is completed to the satisfaction of the Engineer. At that point the Contractor shall make written request to the Engineer to discontinue all or portions of the insurance coverage for the Project (as appropriate) and upon receipt of written permission from the Engineer may discontinue said insurance. In any instance where work must be resumed after a pause, the Contractor shall obtain all insurance as required above prior to performing the work.
Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days advance notice to the certificate holder.
NOTE: MIAMI DADE COUNTY CONTRACT NUMBER AND TITLE OF CONTRACT MUST APPEAR ON EACH CERTIFICATE AND POLICY.
CERTIFICATE HOLDER MUST READ:
MIAMI-DADE COUNTY
111 N.W. 1ST STREET
SUITE 2340
MIAMI, FL 33128
Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this agreement.
SP 3.0 LIQUIDATED DAMAGES
The Contractor shall begin the Project with an adequate force and sufficient equipment and facilities on the date stated as “Notice To Proceed” in the written document issued and served upon him by the Engineer. Thereafter, the Contractor shall prosecute the work diligently, without any avoidable interruption and at such rate and with such complement of labor, materials and equipment as will complete the Project within the time stated in the Contract.
No work, however, shall be done outside of standard work hours, except if such work has been authorized by the Engineer, is necessary for the proper care and protection of the work already performed, or except in case of an emergency, in which event the permission of the Engineer to do such work shall be secured.
S-898 040S-898 040
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
CONTRACT S‐898
5
SP 3.1 Liquidated Damages Liquidated Damages for the timely completion of this contract shall be as specified in the
General Terms and Conditions, Article 8 “Contract Time”, paragraph F “Liquidated Damages and Liquidated Indirect Costs” and shall be set at $1,900 per day, including weekends and holidays, which sum is a fair and reasonable sum for all indirect costs as may be borne by the County due to the Contractor exceeding the Construction Time of the Contract and represents the actual damages which the County will have sustained per day by failure of the Contractor to complete the work within said specified times, it being agreed that said sum is not a penalty but is the stipulated amount of damage sustained by the County in the event of such default by the Contractor.
NOTE: The above Liquidated Damages are specifically related to Contract Time. Additional Liquidated Damages may be incurred as noted elsewhere in this contract.
SP 3.2 Consent Decree Liquidated Damages
Consent Decree
Miami-Dade County has entered into a Consent Decree (United States District Court for the Southern District of Florida, Case No. 1:12-cv-24400-FAM, herein referred to as Consent Decree) with the United States, Environmental Protection Agency, the State of Florida, and Florida Department of Environmental Protection (FDEP) (collectively “Regulatory Agencies”), to remediate its aging wastewater infrastructure. This project is intended to satisfy the requirements identified in the Consent Decree as CD Project CD 4.5. The full text of the Consent Decree is available online at:
http://www.miamidade.gov/water/library/reports/consent-decree/consent-decree-signed.pdf
SP 3.2.1 Construction Completion Milestones This project is mandated by the Consent Decree and the following construction schedule milestones have been determined to be critical for completion of this construction contract. Some of these milestones have either Consent Decree Liquidated Damages or Liquidated Damages or both
Milestone Description Duration/Date Damages
1 Substantial Completion 300 Liquidated Damages
2 Construction Completion 11/20/2017 Consent Decree Liquidated Damages
3 Final Completion 330
S-898 041S-898 041
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
CONTRACT S‐898
6
associated with them.
For the purpose of satisfying Construction Completion, the definition of “Substantial Completion” contained in this contract shall be modified to include the definition of “Construction Completion” below. In the event of a conflict between these two definitions the more restrictive shall apply.
Construction Completion shall mean completion of construction and installation of equipment or infrastructure such that the equipment or infrastructure has been placed in operation, and is expected to both function and perform as designed. This specifically includes all control systems and instrumentation necessary for normal operations and all residual handling systems. Miscellaneous items related to construction activities, such as restoration of surrounding areas or installation of other items not necessary for the equipment or infrastructure to function and perform as designed, is not required to be completed prior to Miami-Dade Water and Sewer Department certifying that the project has met Construction Completion.
SP 3.2.2 Consent Decree Liquidated Damages The Consent Decree provides that the Regulatory Agencies may impose stipulated penalties against Miami-Dade County for failure to meet the deadline for Construction Completion and for certain sanitary sewer overflows (SSOs). In the event the Regulatory Agencies impose such penalties against Miami-Dade County and such penalties are a result of the Contractor’s lack of performance, failure to meet Construction Completion, or a SSO that occurs during construction, the Contractor shall be liable to the County for such amounts as additional Liquidated Damages (“Consent Decree Liquated Damages”). Please note these Consent Decree Liquidated Damages are in addition to the liquidated damages as specified in the General Terms and Conditions Article 11 and may be assessed separately and/or in combination with contract liquidated damages. (a) Failure to complete work on or before Construction Completion per table below shall result in
Consent Decree Liquidated Damages as listed below.
CD Project No. Construction Completion Date
4.5 November 20,2017
Period of Noncompliance per Violation per Day
One (1) to fourteen (14) days $1,000
Fifteen (15) to thirty days (30) days $2,000
Thirty one (31) to sixty (60) days $3,000
Sixty one (61) to one hundred eighty (180) days $4,000
More than one hundred eighty (180) days $5,000
S-898 042S-898 042
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
CONTRACT S‐898
7
(b) Consent Decree Liquidated Damages for each SSO reaching waters of the United States due to a release of wastewater caused by Contractor may be assessed as:
Description Before 4/09/2019 After 4/09/2019
1 to 10,000 gallons $1,000 $1,000
10,000 to 250,000 gallons $2,000 $4,000
250,000 to 1,000,000 gallons $5,000 $10,000
Greater than 1,000,0000 gallons $10,000 $20,000
(c) Consent Decree Liquidated Damages for each SSO NOT reaching waters of the United States
due to a release caused by Contractor may be assessed as:
Description Before 4/09/2019 After 4/09/2019
1 to 10,000 gallons $500 $500
10,000 to 250,000 gallons $1,000 $2,000
250,000 to 1,000,000 gallons $2,500 $5,000
Greater than 1,000,0000 gallons $5,000 $10,000
SP 4.0 SMALL BUSINESS MEASURES
Refer to Instruction To Bidders Section 12.B.2 for general requirements. Pursuant to
Section 10-33.02 of the Code of Miami-Dade County, Florida, “a contractor who fails to meet an established CSBE goal shall submit a CSBE Make-Up Plan for approval of the [Small Business Development (“SBD”)] Division Director. A Make-up Plan and a corresponding Schedule of Intent Affidavit must be submitted as part of any bid or proposal submitted for future contracts at the time of bid or proposal submittal.” Failure to include the required Schedule of Intent Affidavit with bids or proposals for any future contracts shall result in the submittal being deemed non-responsive. To verify whether your company has a CSBE make-up requirement, please refer to the SBD webpage at:
http://www.miamidade.gov/smallbusiness/library/reports/goal-deficit.pdf
For questions regarding this requirement, contact Alice Hidalgo-Gato, Division Director, Contract Monitoring and Compliance at (305) 375-3153.
Small Business Goals for this contract are:
SBE-A/E 0 % (CBE)
SBE-CONST 5.11 % (CSBE)
SBE-G/S 5.16 %
S-898 043S-898 043
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
CONTRACT S‐898
8
SP 5.0 COMMUNITY WORK FORCE GOALS
Contractor must submit a Workforce Plan to the Miami-Dade County Regulatory and Economic Resources Department, Small Business Development Division (formerly Department of Small Business Development or SBD) through the Department within fifteen (15) days of notification of award of the contract. The County will not enter into the contract until it receives the Contractor’s Workforce Plan and deems the Plan acceptable. The Workforce Plan forms may be obtained on the County’s website at: http://www.miamidade.gov/smallbusiness/library/forms/cwp01.pdf
In the event at contract completion, the Contractor fails to comply with the established local workforce goal, liquidated damages equal to a minimum $1500 per position or the salary that would be payable for such position had the person(s) been hired for the position as listed on the approved workforce plan to include all approved revisions to the workforce plan, whichever is greater shall be withheld from the Contractor’s final payment as liquidated damages.
Community Workforce Goals 0 %
SP-6.0 USER ACCESS PROGRAM
This Contract is not subject to the collection of the User Access Program Fee as provided for in the Instruction To Bidders Section 44.
SP-70 WORKING HOURS AND INSPECTION CHARGES Working hour for this contract shall be as follows: Monday thru Friday N/A (AM/PM) to N/A (AM/PM) Saturday N/A (AM/PM) to N/A (AM/PM) Sunday N/A (AM/PM) to N/A (AM/PM)
County Holiday As Determined by the Engineer Special Events As Determined by the Engineer
For work outside of the above stated working hours, WASD reserves the right to charge the contractor $90 / hour per inspector required at the job site as specified in Implementing Order 4-110 - SCHEDULE OF RATES, FEES AND CHARGES FOR MIAMI-DADE WATER AND SEWER DEPARTMENT under both Schedule of Water Fees and Charges and Schedule of Wastewater Fees and Charges item #48.
S-898 044S-898 044
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
CONTRACT S‐898
9
SP-8.0 REVIEW OF RECORDS
In addition to the five (5) year retention period specified in this Contract, the following retention for Consent Decree projects shall apply: Until five (5) years after the termination of this Consent Decree, the contractors and agents shall preserve, all non-identical copies of all documents, records, or other information (including documents, records, or other information in electronic form) in its or its agents’ possession or control, or that come into its or its agents’ possession or control, and that relate in any manner to the Contractor or its agents performance of its obligations under this Contract. This information-retention requirement shall apply regardless of any contrary corporate or institutional policies or procedures. At any time during this information-retention period, upon request by the County, the Contractor shall provide copies of any documents, records, or other information required to be maintained under this Paragraph.
SP-9.0 OWNER FURNISHED MATERIAL In order to meet completion deadlines, the County has pre-purchased certain long lead time items for this contract. These items include 48 inch and 54-inch Plug Valves, and 54-inch pipe and fittings. The Contractor will be responsible for coordinating with the County selected vendor and scheduling deliveries to match construction schedule. The Contractor shall also be responsible to off load and store material as it arrives on the job site.
Material cost other than the 54-inch pipe and fittings, the one (1) 48-inch plug valve and the fifteen (54 inch Plug Valve remains the responsibility of the contractor and shall be included in the contractor’s bid pricing.
SP-10.0 MICRO TUNNELING All material and equipment necessary for the completion of the two (2) micro-tunnel portions of this contract shall be provided by the Contractor including vertical risers, 72-inch casing pipe and 54-inch transmission pipes.
S-898 045S-898 045
SPECIAL PROVISIONS CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S‐898
The following check list is provided for the Bidder’s convenience and may not be all inclusive of forms and documents required to be submitted at the time of bid. Please note that Schedule of Intent Forms listed below may require multiple copies to cover all SBE Firms used to meet assigned goals. This form does not need to be included in your submittal package.
BIDDER'S SUBMITTAL CHECK LIST with Bid
Initials Item
Fully executed Proposal
Certified Resolution (for Bid Bond)
Prescribed Bid Bond
Questionnaire
ISD Form #1 Local Business Preference Affidavit (Optional)
Schedule of Intent Affidavit (SBE- Construction)
Schedule of Intent Affidavit (SBE- Goods and Services)
Residents First Training and Employment Program Affidavit RFTE-1
S-898 047S-898 047
PROPOSAL FORM
FOR CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW
127 AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE
CONTRACT NO. S-898 Dated _______________ Board of County Commissioners Miami-Dade County, Florida Honorable Members:
The undersigned, as Contractor (herein used in the masculine singular, irrespective of actual gender and number) hereby declares that the only persons interested in this Proposal Form are named herein, that no other person has any interest in this Proposal Form or in the Contract to which this Proposal Form pertains, that this Proposal Form is made without connection or arrangement with any other person, and that this Proposal Form is in every respect fair, and is submitted in good faith and without collusion or fraud.
The Bidder further declares that he has satisfied himself fully relative to all matters and
conditions with respect to the work to which this Proposal Form pertains. The Bidder understands that the Total for each and every item requiring a bid is the result of
multiplying the Estimated Quantity times the Unit Price stated in words and figures. When the Estimated Quantity is an Aggregate Sum, the Aggregate Sum written in words shall be the same quantity as the Total.
The Bidder acknowledges that it has incorporated into his bid prices the cost of mandatory
random audits by the Office of the Miami-Dade County Inspector General. The Department will deduct 1/4 of one percent of each progress payment to fund the Office of the Miami-Dade Inspector General. See Section 29 of the Instructions to Bidders.
The Bidder acknowledges that it incorporated the requirements of the Residents First Training
and Employment Program requiring that all persons employed by the contractor to perform construction shall have completed, the OSHA 10 Hour safety training course established by the Occupational Safety and Health Administration of the United States Department of Labor and that the contractor will make its best reasonable efforts to promote employment opportunities for local residents and seek to achieve a project goal of having fifty-one percent (51%) of all Construction Labor hours performed by Miami-Dade County residents. See Section 40 of the Instructions To Bidders.
The Bidder acknowledges that Ordinance 90-143 Responsible Wages and Benefits applies to
this project and by submittal of this Proposal, acknowledges that he is aware of the applicability of Ordinance 90-143 and agrees to comply with the minimum wages and other provisions. See Section 21 of the Instruction To Bidders.
The Bidder acknowledges that this proposal incorporates the use of Small Business Enterprises
and a Community Workforce Goal as stated in the Advertisement for Bid, if applicable.
S-898 Page 1 of 11
PROPOSAL FORM
If specified in the Special Provisions (SP 6.0), the Bidder acknowledges that it incorporated into his or her bid prices the cost of the Miami-Dade County User Access Program fee. The Department will deduct two percent (2%) of each progress payment to fund the operations of Internal Services Department, Procurement Management. See Section 44 of the Instruction to Bidders.
The Bidder proposes and agrees, if this Proposal Form should be accepted, to execute
all appropriate Contract Documents for the purpose of establishing a formal contractual relationship between him and Miami-Dade County, Florida.
All in full and complete accordance with all terms and conditions set forth in and covered by the
Contract Documents including all addenda through number ______________* . The Bidder further proposes and agrees to begin the work with an adequate force and with
sufficient equipment and facilities on the date stated in the written notice issued and served upon him by the Engineer and to complete Three Hundred Fifty (300) consecutive calendar days including delivery time for materials and equipment, furthermore the project shall be completed by November 20, 2017 to avoid Liquidated Damages associated with the Consent Decree.
For the purpose of reimbursing the County for additional costs incurred by the County and
resulting from the failure of the Contractor to complete the work within the prescribed time limits, it is understood that the reductions for liquidated damages which are specified in Section 3 of the Special Provisions will apply in the event that the work is not completed within such time limits.
The Bidder further agrees that, in the event he withdraws his bid within one hundred twenty
(120) days after the date of opening of the bid, or in the event he fails to enter into a written Contract with Miami-Dade County, Florida, in accordance with the Bid as accepted and give a Performance Bond and Payment Bond with good and sufficient surety and provide the necessary Insurance Certificates, as may be required, all within five (5) calendar days after the prescribed forms are presented to him for signature, the check or Bid Bond accompanying his bid, and the moneys payable thereon, shall become the property of and be retained and used by the Department as liquidated damages, and not as a penalty; otherwise, the check or Bid Bond shall be returned by the Department to the undersigned.
Attached hereto is a certified or Cashier's check for at least 5% of the full value of the contract
issued by the_________________________________________ Bank of in the sum of Dollars ($_____________________________________________) or Bid Bond in the sum of Dollars ($ ________________) made payable to the Miami-Dade Water and Sewer Department.
The list of parties interested in this Proposal, the list of equipment, references, and financial
statement are to be furnished to assist the County in making the award of the Contract and they shall be true and correct.
* Please fill in number of last addendum received. (If none, so state.)
S-898 Page 2 of 11
Item No.
Estimated Quantity Description Total
1
Aggregate Sum
General Requirements including indirect operating expenses, home office overhead, bonds, insurance, general office expenses, accounting , and items which are not paid under other payment items, the aggregate sum of
___________________________________Dollars and
___________________________________Cents
$__________
2
Aggregate Sum (Divided into 4 payments.
See Sect. 01 29 00 Measurement and
Payment)
General Conditions, for Mobilization, for performing preparatory work and operations in mobilizing for beginning the work of the Project, including preparation and acceptance of MOT, and establishing project erosion and pollution control, but excluding materials costs, which are paid under other payment items, the aggregate sum of
___________________________________Dollars and
___________________________________Cents
$__________
3 820 For furnishing and installing 12-inch DIP pipe and fittings for sewage force main, the price per linear foot of
Linear Feet
___________________________________Dollars and
_____________________Cents ($_____________/LF)
$__________
4 20 For furnishing and installing risers at manhole access points, the price per Each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
3A of 11S-898 051
Item No.
Estimated Quantity Description Total
5 160 For furnishing and installing 48-inch and 54-inch diameter Ductile Iron Pipe and fittings for sewage force main, the price per linear foot of
Linear Feet
___________________________________Dollars and
_____________________Cents ($_____________/LF)
$__________
6 20,360 For installing Owner-furnished 54-inch diameter force main and fittings for sewage force main, the price per linear foot of
Linear Feet
___________________________________Dollars and
_____________________Cents ($_____________/LF)
$__________
7 Aggregate For furnishing and installing the cased tunnel crossing of Canal C-102 , utilizing microtunneling methods, the aggregate sum of
Sum
___________________________________Dollars and
___________________________________Cents
$__________
8 Aggregate For furnishing and installing the cased tunnel crossing of Florida Turnpike Interchange, in the vicinity of Station 181+00 utilizing microtunneling methods, the aggregate sum of
Sum
___________________________________Dollars and
___________________________________Cents
$__________
9 1,700 For furnishing and installing the 54-inch diameter force main at the cased tunnel crossings including the pipe within the shafts (riser) , the price per LF of
Linear Feet
___________________________________Dollars and
_____________________Cents ($_____________/LF)
$__________
3B of 11S-898 052
Item No.
Estimated Quantity Description Total
10 2 For furnishing and constructing six inch Automatic Air Release Valve Assemblies (ARVs) for sewage force mains at the locations shown on the Plans, complete, the price per each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
11 14 For furnishing and constructing two inch Automatic Air Release Valve Assemblies (ARVs) for sewage force mains at the locations shown on the Plans, complete, the price per each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
12 5 For furnishing and constructing two inch Manual Air Release Valve Assemblies (ARVs) for sewage force mains at the locations shown on the Plans, complete, the price per each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
13 1 For the Connection to the existing force main at SW 280th Street and SW 127th Ave, the price per each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
14 1 For the Connection to the existing force main at SW 248th Street and SW 112th Ave, the price per each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
3C of 11S-898 053
Item No.
Estimated Quantity Description Total
15 1 For installing Owner-furnished 48-inch diameter plug valves the price per each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
16 15 For installing Owner-furnished 54-inch diameter plug valves the price per each of
Each
___________________________________Dollars and
_____________________Cents ($_____________/EA)
$__________
17 28,485 For constructing Type II paving repairs (special limerock base - asphaltic concrete surface), the price per square yard of
Square Yards
___________________________________Dollars and
_____________________Cents ($_____________/SY)
$__________
18 28,485 For constructing Type V paving repairs (asphaltic concrete wearing surface overlay), the price per square yard of
Square Yards
___________________________________Dollars and
_____________________Cents ($_____________/SY)
$__________
19 6,599 For cold milling and resurfacing of pavement, the price per square yard of
Square Yards
___________________________________Dollars and
_____________________Cents ($_____________/SY)
$__________
3D of 11S-898 054
Item No.
Estimated Quantity Description Total
20 Aggregate For constructing pavement markings and signage, the aggregate sum of Sum
___________________________________Dollars and
___________________________________Cents $__________
21 Aggregate
For furnishing traffic control, the aggregate sum of Sum
___________________________________Dollars and
___________________________________Cents $__________
22 7 For traffic loop repair, the price per each of
Each ___________________________________Dollars and
_____________________Cents ($_____________/EA) $__________
23 TOTAL BASE BID The total of Item Nos. 1 through 22, the sum of $__________
24 Dedicated For providing uniformed, off-duty police officers for the purpose of maintenance of traffic, the aggregate sum of Allowance
One hundred eighty thousand, nine hundred sixty-three Dollars and
_______Zero_______________________Cents $180,963.00
25 5,000 For cost of road restoration in locations where more than one lane of roadway requires restoration if ordered by the Engineer, the price per square yard of
Square Yards (Contingent Item)
___________________________________Dollars and
_____________________Cents ($_____________/SY) $__________
3E of 11S-898 055
Item No.
Estimated Quantity Description Total
26 5 For furnishing and installing additional suitable backfill material, as directed by the Engineer, the price per ton of
Tons
(Contingent Item)
___________________________________Dollars and
_____________________Cents ($____________/TON)
$__________
27 1000
For trench overcut in 1-foot depth increments, for any size pipe, the price per linear foot of
Linear Feet
(Contingent Item)
___________________________________Dollars and
___________________________Cents ($_______/LF)
$__________
28 Contingency For unforeseen conditions, for minor construction changes, and for quantity adjustments, if ordered by the Engineer, the sum of 10% of the Subtotal Item No. 23, (.10) x (Subtotal, Item No. 23)
Allowance
___________________________________Dollars and
___________________________________Cents
$__________
29 TOTAL BID The total of Item Nos. 23, 24, 25, 26, 27 and 28 the sum of
$__________
3F of 11
S-898 056
PROPOSAL FORM
WHEN THE BIDDER IS A CORPORATION: (CORPORATION SEAL)
(Name of Corporation) ATTEST By:
(Secretary) (Signature of Officer)
(Print or type name) (Print or type name)
(Official Title)
(Address)
(Telephone)
Organized under the laws of the State of , and authorized by the law to make this Proposal and perform all work and furnish materials and equipment required under the Contract Documents.
In the event that the Contractor is a corporation, there shall be attached hereto a certified copy of a resolution of the Board of Directors of the Corporation authorizing the officer who signs the Proposal Form to do so in its behalf. -------------------------- WHEN THE BIDDER IS A JOINT VENTURE: (Name of Joint Venture)
(Signature of Joint Venturer) (Signature of Joint Venturer)
(Print or type name) (Print or type name) (Title) (Title) (Address) NOTE: Complete Joint Venture in accordance with Section 11 of the Instruction To Bidders.
S-898 Page 4 of 11
PROPOSAL FORM
WHEN THE BIDDER IS AN INDIVIDUAL: By:
(Witness signature) (Signature of individual) By:
(Print or type name) (Print or type name)
(Witness signature)
(Print or type name) (Address)
(Telephone) ACKNOWLEDGMENT: STATE OF ) )ss.: COUNTY OF ) Before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public
State of at large
My Commission expires .
S-898 Page 5 of 11
PROPOSAL FORM
WHEN THE BIDDER IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME:
(Name of firm if applicable) By:
(Witness signature) (Signature of individual) By:
(Print or type name) (Print or type name)
(Witness signature)
(Print or type name) (Address)
(Telephone) ACKNOWLEDGMENT: STATE OF )
)ss.: COUNTY OF ) Before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public
State of at large
My Commission expires .
S-898 Page 6 of 11
PROPOSAL FORM
WHEN THE BIDDER IS A PARTNERSHIP: By:
(Witness signature) (Signature of partner) By:
(Print or type name) (Print or type name)
(Witness signature)
(Print or type name) (Address)
Name and Addresses of all Partners (Telephone) ACKNOWLEDGMENT: STATE OF )
)ss.: COUNTY OF )
Before me personally appeared as partner in the above named partnership, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public
State of at large
My Commission expires .
S-898 Page 7 of 11
PROPOSAL FORM
In order to assist the County in determining whether the Bidder is qualified to do the work set forth in the Proposal, he shall furnish hereunder a list of references who are qualified to judge as to his financial responsibility and his experience in work of a similar nature to that bid upon. The Bidder shall furnish hereunder a list of the facilities or equipment that is available for use in case his bid is accepted. The Bidder shall furnish hereunder the full name and residences of persons and firms interested in the foregoing bid as principals. The Bidder shall furnish hereunder the name of the executive who will give personal attention to the work, and a telephone number or numbers where he may be reached 24 hours a day, 7 days a week.
S-898 Page 8 of 11
PROPOSAL FORM
FINANCIAL STATEMENT
ASSETS CURRENT ASSETS:
Cash $
Notes and Account Receivable $
Inventories $ PLANT ASSETS:
Real Estate $
Machinery $
Good Will, Patents, etc. $ $
LIABILITIES
Notes Payable $
Accounts Payable $
Accrued Wages $
Other Liabilities $ $
EXCESS OF ASSETS $
OR NET WORTH $_____________________
NOTE: The above is a suggested form of the type of Financial Statement desired. The Bidder is not required to follow such form explicitly, but the Financial Statement submitted by him must clearly show what his financial condition is. The County reserves the privilege of requiring additional information as to financial responsibility before awarding contract.
S-898 Page 9 of 11
S-898 Page 10 of 11
The Bidder shall list hereunder a record of his previous contracting experience, including at least three projects as required by Section SP1.0, of the Special Provisions.
TRENCH SAFETY ACT COMPLIANCE
PROJECT TITLE:
CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127 AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE
PROJECT: S-898
Bidder acknowledges that included in the various items of the Proposal and in the total Bid Price are costs for complying with the Florida Trench Safety act (90-96, Laws of Florida) effective October 1, 1990. The Bidder hereby assures that they will comply with The Occupational Safety and Health Administration’s excavation safety standards, 29 C.F.R. s. 1926.650 Subpart P as adopted by the State of Florida under Florida Statute 553.62 and that the cost of this compliance is summarized below:
Trench Safety
Measure (Description)
Units of Measure (LF, SY)
Unit
(Quantity)
Unit Cost
Extended
Cost
A.
B.
C.
D.
TOTAL $
S-898 Page 11 of 11
Page 1 of 1
CERTIFIED RESOLUTION
I, , the duly elected Secretary of (Name (Corporate Title)
, a Corporation organized and existing under the laws of the State of , do hereby
(State) Certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said Corporation at a meeting held in accordance with law and the by-laws of the said Corporation:
"IT IS HEREBY RESOLVED that ,the duly elected (Name)
__________________________________
(Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Proposal and Bid Bond to Miami-Dade County, Florida, and the Miami-Dade Water and Sewer Department, respectively, for a certain Project entitled (Name of Project) , Contract No. and such other instruments in writing as may be necessary in behalf of the said Corporation, and that the Proposal, Bid Bond and other such instruments signed by him shall be binding upon the said Corporation as its own acts and deeds."
I further certify that the above Resolution is in force and effect and has not been revised, revoked or rescinded.
Given under my hand and the Seal of the said Corporation this day of , 20 .
(Month) (Year) By:
(Secretary)
(Seal) (Print or type name)
(Corporate Title) NOTE: The above is a suggested form of the type of Corporation Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show that the person signing the Proposal Form and Bid Bond for the Corporation has been properly empowered by the Corporation to do so in its behalf.
S-898 067S-898 067
PRESCRIBED BID BOND STATE OF FLORIDA ) )ss.: COUNTY OF MIAMI-DADE ) KNOW ALL MEN BY THESE PRESENTS: That we, (hereinafter called the "Principal")and (hereinafter called the "Surety") are held and firmly bound unto Miami Dade Water and Sewer Department of Metropolitan Dade County, Florida, (hereinafter called the "County"), in the penal sum of Dollars and Cents ($ ) lawful money of the United States, which sum represents five percent of the Total Bid Price, and for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the attached bid, dated , 20 for CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE
CONTRACT NO. S-898 NOW, THEREFORE, if the Principal shall not withdraw said Bid within one hundred fifty (120) days after date of opening of the bid, and shall within fifteen (5) calendar days after the prescribed forms are presented to him for signature, enter into a written Contract with Miami-Dade County, Florida, in accordance with the Bid as accepted, and give a Performance and Payment Bond with good and sufficient surety or sureties and provide the necessary Insurance Certificates, as may be required, for the faithful performance and proper fulfillment of such Contract and for the prompt payment of all persons furnishing labor and materials in connection therewith, then the above obligation shall be void and of no effect; otherwise, to remain in full force and virtue, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that its obligations hereunder shall in no way be impaired or affected by any extension of time within which said Miami-Dade County may accept such bid, and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day of , 20 .
S-898
Page 1 of 6
PRESCRIBED BID BOND WHEN THE CONTRACTOR IS A CORPORATION:
(CORPORATION SEAL) (Name of Corporation) ATTEST By: (Secretary) (Signature of Officer) (Print or type name) (Print or type name) (Official Title)
(Address) -------------------------- WHEN THE CONTRACTOR IS A JOINT VENTURE: (Name of Joint Venture) By: (Signature of Joint Venturer) (Print or type name) (Address) NOTE: Complete Joint Venture in accordance with Section 11 of the Instruction to Bidders.
S-898
Page 2 of 6
PRESCRIBED BID BOND
WHEN THE CONTRACTOR IS AN INDIVIDUAL: By: (Witness signature) (Signature of individual) By: (Print or type name) (Print or type name) (Witness signature) (Print or type name) (Address) ACKNOWLEDGMENT: STATE OF ) )ss.: COUNTY OF ) Before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public State of at large My Commission expires .
S-898
Page 3 of 6
PRESCRIBED BID BOND WHEN THE CONTRACTOR IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: (Name of firm if applicable) By: (Witness signature) (Signature of individual) By: (Print or type name) (Print or type name) (Witness signature) (Print or type name) (Address) ACKNOWLEDGMENT: STATE OF ) )ss.: COUNTY OF ) Before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public State of at large My Commission expires .
S-898
Page 4 of 6
PRESCRIBED BID BOND WHEN THE CONTRACTOR IS A PARTNERSHIP: By: (Witness signature) (Signature of Partner) By: (Print or type name) (Print or type name) (Witness signature) (Print or type name) (Address) ACKNOWLEDGMENT: STATE OF ) )ss.: COUNTY OF ) Before me personally appeared as partner in the above named partnership, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public State of at large My Commission expires .
S-898
Page 5 of 6
PRESCRIBED BID BOND SURETY: (CORPORATE SEAL) (Printed name of Surety) (Address of Surety) By: By: (Signature of Attorney-in-Fact)* Signature of Resident Florida Agent) (Printed name of Attorney-in-Fact) (Printed name of Agent) Address Address Telephone Telephone * Power of Attorney must be attached.
S-898
Page 6 of 6
QUESTIONNAIRE
Page 1 of 5
Dated_____________________ (In order to eliminate a controversy, to avoid omissions, and to prevent irregularities, contractors are required to answer the following questions.) 1. Have you carefully read the Instruction to Bidders? 2. Are you familiar with the terms of all the Contract Documents? 3. As a construction contractor, have you carefully inspected the site of the work and accept the responsibility of
having informed yourself as to all conditions relating to the project, as prescribed by Section 4 of the Instruction to Bidders?
4. Have you discussed with the Engineer any matters that are not clear to you? 5. If the Project involves any trench excavation in excess of five (5) feet deep, do you understand and agree that
such trench excavation shall be performed in accordance with the State of Florida "Trench Safety Act"? 6. Are you licensed and certified to do this type of work in Miami-Dade County? 7. Are you licensed to do this type of work in any and all municipalities wherein the subject project is to be
constructed and wherein any of the work is to be done? 8. Contractor's Certificate of Competency No.____________________, Category No._________________
and Issued by 9. Have you supplied the data described in Section 13 of the Instruction To Bidders? 10. Have you filled in all blank spaces in your Proposal? 11. In case of a company or corporation, is your Proposal executed by a duly authorized officer? 12. In case of a company or corporation, is proof of authorization by Certified Resolution or certified minutes
being furnished? 13. Are you familiar with the terms of the required Vendor Affidavits Form (Uniform County Affidavits)? 14. Have you made any additions or alterations in the Proposal, thereby making it informal or irregular? 15. Have you furnished the required certified check or Bid Bond? 16. Have you filled in all blank spaces in the Vendor Affidavits Form? 17. Have you furnished the certified copy of the power of attorney, as prescribed by Section 12 of the Instruction
to Bidders? 18. What is the total number of previous contracts with Miami-Dade County in the past five years? 19. What is the total dollar amount of contracts with Miami-Dade County in the past five years?
S-898 075S-898 075
QUESTIONNAIRE
Page 2 of 5
20. Who is the qualifier for your company? 21. How many years has your company been in business?
WHEN THE CONTRACTOR IS A CORPORATION: (CORPORATION SEAL) (Name of Corporation) ATTEST By: (Secretary) (Signature of Officer) (Print or type name) (Print or type name) (Official Title) (Address) -------------------------- WHEN THE CONTRACTOR IS A JOINT VENTURE: (Name of Joint Venture) (Signature of Joint Venturer) (Signature of Joint Venturer) (Print or type name) (Print or type name) (Title) (Title) (Address) NOTE: Complete Joint Venture in accordance with Section 11 of the Instruction to Bidders.
S-898 076S-898 076
QUESTIONNAIRE
Page 3 of 5
WHEN THE CONTRACTOR IS AN INDIVIDUAL: By: (Witness signature) (Signature of individual) By: (Print or type name) (Print or type name) (Witness signature) (Print or type name) (Address) ACKNOWLEDGMENT: STATE OF ) )ss.: COUNTY OF ) Before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public State of at large My Commission expires .
S-898 077S-898 077
QUESTIONNAIRE
Page 4 of 5
WHEN THE CONTRACTOR IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: By: (Witness signature) (Signature of individual) By: (Print or type name) (Print or type name) (Witness signature) (Print or type name) (Address) ACKNOWLEDGMENT: STATE OF ) )ss.: COUNTY OF ) Before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public State of at large My Commission expires .
S-898 078S-898 078
QUESTIONNAIRE
Page 5 of 5
WHEN THE CONTRACTOR IS A PARTNERSHIP: By: (Witness signature) (Signature of individual) By: (Print or type name) (Print or type name) (Witness signature) (Print or type name) (Address) ACKNOWLEDGMENT: STATE OF ) )ss.: COUNTY OF ) Before me personally appeared as partner in the above named partnership, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that ________________________________________executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , A.D. 20 .
Notary Public State of at large My Commission expires .
S-898 079S-898 079
Page 1 of 2 ISDI Form 3 DB – Local Business Reference Affidavit / Rev.03-05-14
ISD FORM NO. 1 DB – LOCAL BUSINESS PREFERENCE AFFIDAVIT
The evaluation of competitive solicitations is subject to Section 2-8.5 of the Miami-Dade County Code, which,
except where contrary to federal or state law, or any other funding source requirements, provides that preference be
given to local businesses. A local business, for the purposes of receiving the aforementioned preference above,
shall be defined as a Proposer which meets all of the following:
1. Proposer has a valid Local Business Tax Receipt, issued by Miami-Dade County at least one year prior to proposal submission
that is appropriate for the goods, services or construction to be purchased.
Proposer shall attach a copy of said Miami-Dade County Local Business Tax Receipt
hereto. (Note: Current and past year licenses may need to be submitted as proof that it
was issued at least one year prior to the proposal due date.)
2. Proposer has a physical business address located within the limits of Miami-Dade County from which the Proposer operates or
performs business. (Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical
address.)
Proposer shall state its Miami-Dade County (or Broward County if applicable, see note below) physical business
address
3. Proposer contributes to the economic development and well-being of Miami-Dade County in a verifiable and measurable way.
This may include but not be limited to the retention and expansion of employment opportunities and the support and increase in
the County’s tax base. To satisfy this requirement, the Proposer shall affirm in writing its compliance with any of the following
objective criteria as of the proposal submission date:
Check box, if applicable:
a) Retention and expansion of employment opportunities in Miami-Dade County.
b) Proposer contributes to the County’s tax base by paying either real property taxes or tangible personal
property taxes to Miami-Dade County.
c) Proposer contributes to the economic development and well-being of Miami-Dade County by some other
verifiable and measurable contribution by
Proposer shall check the box if applicable and, if checking item “c”, shall provide a written statement, above, defining how Proposer
meets that criteria.
By signing below, Proposer affirms that it meets the above criteria to qualify for Local Preference and has submitted the requested
documents.
Note: At this time, there is an interlocal agreement in effect between Miami-Dade and Broward Counties until September 30, 2015.
Therefore, a Proposer which meets the requirements of (1), (2) and (3) above for Broward County shall be considered a local
business for the purposes outlined herein.
S-898 081S-898 081
Page 2 of 2 ISDI Form 3 DB – Local Business Reference Affidavit / Rev.03-05-14
Proposer:
Federal Employer Identification Number:
Address:
City/State/Zip:
Telephone: Fax:
I hereby certify that to the best of my knowledge and belief all the foregoing facts are true and correct.
Signature of Authorized Representative
Title:
Date:
STATE OF
COUNTY OF:
SUBSCRIBED AND SWORN TO (or affirmed) before me on, ,
(Date)
by .
(Affiant) He/She is personally known to me or has presented
as identification.
(Type of Identification)
(Signature of Notary)
(Serial Number)
(Print or Stamp Name of Notary)
(Expiration Date)
Notary Public:
(State) Notary Seal
S-898 082S-898 082
Name of Prime Contractor
(if applicable)
SBE-Const
Certification
No.
(if applicable)
Certification
Expiration Date
Scope of Construction work to be performed by Prime Contractor
Prime Contractor
% of Bid
(if applicable)
SBE-Const
Prime % of Bid
SCHEDULE OF INTENT AFFIDAVIT (SOI)
SMALL BUSINESS ENTERPRISE - CONSTRUCTION (SBE-CONST) PROGRAM
Name of Prime Contractor Contact Person
Address______________________________________________________Phone ______________Fax __________________Email_ ____________________________
Project Name Project Number
SBE-Const Contract Measure
This form must be completed by the Prime Contractor and the Small Business Enterprise-Construction (SBE-Const) Subcontractor that will be utilized for scopes of work on the project.
Bidders must include this form with bid documents at the time of bid submission. This form must also include the SBE-Const goal make-up percentage, if applicable.
Prime Contractor Total Percentage:
The undersigned intends to perform the following work in connection with the above contract:
Name of SBE-Const Subcontractor
SBE-Const
Certification No.
Certification
Expiration Date
Scope of Construction work to be performed by
SBE-Const Subcontractor
(if applicable)
SBE-Const
Subcontractor % of
Bid
(if applicable)
SBE-Const
Subcontractor
Trade Set Aside %
(if applicable)
Construction
Goal Make-Up
%
Subcontractor Total Percentage:
I certify that the representations contained in this form are to the best of my knowledge true and accurate.
Prime Signature Prime Print Name Prime Print Title Date
The undersigned has reasonably uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain
bonding that is reasonably required to provide such goods or services consistent with normal industry practice, and the ability to otherwise meet the bid specifications.
SBE-Const Subcontractor Signature SBE-Const Subcontractor Print Name SBE-Const Subcontractor Print Title Date
Check this box if this project is a set-aside and you are performing 100% of the work with your own work forces.
Check this box if Form SBD 305A and Form SBD 305B have been submitted in your pricing envelope.
Check this box if Form SBD 303 has been submitted in your pricing envelope.
List of Certified Firms: http://www.miamidade.gov/business/reports-certification-lists.asp
SBD’s Website: http://www.miamidade.gov/smallbusiness/
Small Business Development Division – Internal Services Department SBD 400 (Formerly DBD 400) (Revised 10/14)S-898 083S-898 083
Name of Bidder/Proposer
(if applicable)
SBE-G/S
Certification No.
(if applicable)
Certification Expiration
Date
Commodity
Code
Type of Goods and Services work to be
performed by Bidder
(if applicable)
Bidder
% of Bid
Name of SBE-G/S
Subcontractor SBE-G/S
Certification No.
Certification Expiration
Date
Commodity
Code
Type of Goods and Services work to be
performed by Subcontractor
SBE-G/S Subcontractor
% of Bid
Subcontractor Total Percentage:
SCHEDULE OF INTENT AFFIDAVIT (SOI)
SMALL BUSINESS ENTERPRISE – GOODS AND SERVICES (SBE-G/S) PROGRAM
THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH SBE-GOODS AND SERVICES (SBE-G/S) MEASURES
Name of Bidder/Proposer Contact Person
Address
Phone
Fax Email
Project Name
SBE – G/S Contract Measure
Project Number
This section must be completed by the Bidder/Proposer and the SBE-G/S Subcontractor that will be utilized for scopes of work on the project
The undersigned intends to perform the following work in connection with the above contract:
Prime Contractor Total Percentage:
I certify that the representations contained in this form are to the best of my knowledge true and accurate. I affirm that I will enter into a sub-contract agreement withthe above listed SBE-G/S subcontractor if awarded the listed project.
Bidder/Proposer Signature Bidder/Proposer Print Name Bidder/Proposer Print Title Date
The undersigned has reasonably uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to
obtain bonding that is reasonably required to provide such goods or services consistent with normal industry practice, and the ability to otherwise meet the bid specifications.
SBE-G/S Subcontractor Signature SBE-G/S Subcontractor Print Name SBE-G/S Subcontractor Print Title Date
Check this box if this project is a set-aside and you are performing 100% of the work with your own work forces.
List of Certified Firms: http://www.miamidade.gov/business/reports-certification-lists.asp
SBD’s Website: http://www.miamidade.gov/internalservices/small-business.asp
Small Business Development Division – Internal Services Department SBD 504 (Revised 10/14)S-898 085S-898 085
Printed Name of Affiant Printed Title of Affiant Signature of Affiant
Name of Firm Date
Address of Firm State Zip Code
Notary Public Information
Notary Public — State of County of
Subscribed and sworn to (or affirmed) before me this day of, 20
by He or she is personally known to me 1:! or has produced identification III
Type of identification produced
Signature of Notary Public Serial Number
Print or Stamp of Notary Public Expiration Date Notary Public Seal
S — 8 9 9FORM RFTE 1
Residents First Training and Employment ProgramResponsible Contractor/Subcontractor Affidavit Form (RFTE 1)
(Miami-Dade County Code Section 2-11.17)
In accordance with Section 2-11.17 of the Miami-Dade County Code, all contractors and subcontractors of any tier performing on acontract for (i) the construction, demolition, alteration and/or repair of public buildings or public works projects valued in excess of$1,000,000 funded completely or partially by Miami-Dade County, or (ii) privately funded projects or leases valued in excess of$1,000,000 for the construction, demolition, alteration or repair of buildings or improvements on County owned land, and which aresubject to Section 2-11.16 of the Code of Miami-Dade County shall comply with the requirements of the Residents First Training andEmployment Program.
If applicable, the undersigned . Contractor / III Subcontractor verifies that shouldthey be awarded the contract, the u.dersigned understands their obligation to comply
with the following:
i. Prior to working on the project, all persons employed by the contractor / subcontractor to performconstruction shall have completed, the OSHA 10 Hour Safety Training course established by theOccupational Safety & Health Administration of the United States Department of Labor. Such trainingdoes not need to be completed at the time of bidding but shall be completed prior to the date personsare employed on the project.
ii. The contractor / subcontractor will make its best reasonable efforts to promote employmentopportunities for local residents and seek to achieve a project goal of having fifty-one percent (51%)of all Construction Labor hours performed by Miami-Dade County residents. To verify workers’residency, firms shall require each worker to produce a valid driver’s license or other form ofgovernment-issued identification.
S-898 087S-898 087
CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127 AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE –
CONTRACT NUMBER S‐898
Page 1 of 1
SUBMITTALS PRIOR TO AWARD
The following check list is provided for the Bidder’s convenience and may not be all inclusive of forms and documents required to be submitted prior to award. The successful Bidder will be required to submit the following information and forms as a condition of Award. This form does not need to be included in your submittal package.
AWARD REQUIREMENTS CHECK LIST
Initials Item
Fully Execute Contract
Certified Resolution for Payment and Performance Bond
Payment and Performance Bond
Vendor Affidavit
Proof of Insurance
Collusion Affidavit
Affirmative Action Plan and a Procurement Policy
Listing of Subcontractors and Suppliers
Community Workforce Plan (if applicable)
Residents First Training and Employment Program Affidavit RFTE1 for each subcontractor
Residents First Training and Employment Program Construction Workforce Plan RFTE2
Public Entity Crimes Sworn Statement
Scrutinized Companies List Required Certification
Due Diligence Affidavit
S-898 089S-898 089
CONTRACT
Page 1 of 3
THIS CONTRACT, made and entered into on the day of , 20 , by and between Miami-Dade County, Florida, acting by and through the Office of the Mayor, party of the first part (hereinafter sometimes called the "County"), and , party of the second part (hereinafter sometimes called "Contractor"); W I T N E S S E T H That the parties hereto, for and in consideration of the covenants and agreements hereinafter set forth, mutually agree as follows, to wit: 1. That the Contractor shall furnish all labor, materials and equipment and perform all work in the manner and form provided by the Contract Documents covering the Project of the County known and identified as:
CD 4.5(1) INSTALLATION OF 4.1 MILES OF 54 INCH FORCE MAIN FROM SW 280 ST. AND SW 127
AVENUE TO EXISTING 54 INCH FORCE MAIN AT SW 248 STREET AND SW 107 AVENUE – CONTRACT NUMBER S-898
for the aggregate amount reflected by the Proposal, said aggregate amount being of Dollars and Cents (U.S. Dollars) $ _____ . 2. That the Contractor shall begin the work to be performed under this Contract on a day to be specified in a written order issued by the Engineer, and shall fully complete all work hereunder within the time or times stated in the Proposal. 3. That the County shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, the total amount of the Proposal as set forth above at the times and in a manner stated in the General Terms and Conditions of the Contract Documents. 4. It is further mutually agreed that if at any time after the execution of this Contract, Surety Performance and Payment Bond, the County shall deem the surety upon such bonds to be unsatisfactory, or if for any reason such bond shall become inadequate to cover the performance of the work, the Contractor shall at its own expense, within five (5) days after the receipt of notice from the County to do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the County. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall have been furnished in a manner and form satisfactory to the County. 5. The "Contract Documents" are hereby defined as the Questionnaire, the Advertisement for Bids, the Instructions to Bidders, the Proposal, the Certified Resolution (Proposal/Prescribed Bid Bond), the Prescribed Bid Bond, the Contract, the Surety Performance and Payment Bond, the Certified Resolution (Contract/ Surety Performance and Payment Bond), the General Terms and Conditions, the Supplemental General Terms and Conditions, Special Provisions, the Supplemental
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CONTRACT
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General Conditions (if Ordinance 90-143 is applicable) including Wage and Benefit Schedules, the Specifications, the Plans, any Addenda which may be issued, the Subcontractor /Supplier Listing Form (Ordinance 97-104 as amended by Ordinance 00-30), the Reporting Subcontracting Policies and Procedures (Ordinance 98 -15 9), the Small Business Enterprise Programs Participation Provisions and Forms (if applicable), and the provisions for the following: Vendors Affidavit (Uniform County Affidavits); ; Criminal Record (Felony) (as amended by Ordinance 00-30 ;;Community Workforce Program County Code Section 2-1701, Office of Miami-Dade County Inspector General (IG) (if Ordinance 97-215 as amended by Ordinance 99-15 is applicable); Sworn Statement - Public Entity Crimes [Florida Statute Sect. 287.133 (3) (a)]; Change Orders; Notice to Proceed, Referenced Codes and Standards, Warranties and Guarantees, all related correspondence, field notes, logs, and other documents The General Terms and Conditions of said Contract Documents are incorporated herein by reference and made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that it has read and understands all of said Contract Documents. 6. The various indemnities of the Contractor contained in the Contract Documents indemnifying the County from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Contract Documents shall have a monetary limitation of the larger of the following: $1,000,000.00, or the entire amount of the Contract. 7. The County retains the right to audit any and all information regarding this Contract as described in the General Covenants and Conditions, Section 41 ”Audit Rights and Review of Records”. 8. Notwithstanding and prevailing over any other provision of the Contract Documents to the contrary, the County Mayor or his designee, may exercise the provisions of Section 2-8.2.12 (4)(d) and (e) of the Code of Miami-Dade County. Any change orders or amendments shall not exceed 10 percent of the base contract price in cumulative percentage amount; provided however, that the foregoing limitation shall not apply to any change order or amendment related to emergency actions impacting remediation, public safety, health requirements or recovery from natural disaster and the foregoing change orders and amendments shall require ratification by the Board; provided further that the County Mayor or his designee may reduce in any amount the scope and compensation payable under this Contract and grant compensable and non-compensable time extensions thereunder. Pursuant to Section 2-8.2.12 (5), the Mayor or the Mayor’s designee’s award and execution of this Contract is subject to ratification by the Board of County Commissioners. If the Mayor or the Mayor’s designee’s action is not ratified, and such legislative action becomes final, this Contract shall be deemed terminated without further notice. In such event, the Contractor shall not be entitled to recovery of any lost profits or other consequential or indirect damages. However, the Contractor is eligible for payment for any work done prior to failure of the ratification, in accordance with General Terms and Conditions Article 11.D(1) Termination for Convenience. IN WITNESS WHEREOF, the parties hereto have executed this Contract in four (4) counterparts, each of which shall be deemed an original Contract, all as of the day and year first hereinbefore written. (OFFICIAL SEAL) ATTEST: Harvey Ruvin MIAMI DADE COUNTY, FLORIDA Clerk of the Board BY ITS BOARD OF COUNTY COMMISSIONERS
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CONTRACT
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By: By: Deputy Clerk Mayor
(PARTY OF THE FIRST PART) Approved as to Form and Legal Sufficiency ______________________________ Assistant County Attorney Miami-Dade Water and Sewer Department ___________________________________________________________________________ WHEN THE CONTRACTOR IS A CORPORATION (CORPORATION SEAL) (Name of Corporation) ATTEST __________________________ By: (Secretary) (Signature of Officer) __________________________ (Print or type name) (Print or type name)
(Official Title) (Address)
(PARTY OF THE SECOND PART) * Attach to each counterpart a certified copy of a resolution of the Board of Directors of the
corporation authorizing the officer who signs the Contract and Surety Performance and Payment Bond to do so in its behalf.
---------------------------------------------------------------------------------
S-898 093S-898 093
Page 1 of 1
CERTIFIED RESOLUTION I, , the duly elected Secretary of
(Name) (Corporate Title)
, a Corporation organized and existing under the laws of the State of do hereby certify that (State) the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said Corporation at a meeting held in accordance with law and the by-laws of the said Corporation:
"IT IS HEREBY RESOLVED that , the duly elected (Name)
____________________________ ___________________________________________ (Title of Officer) of (Corporate Title)
be and is hereby authorized to execute and submit a Contract and a Performance and Payment Bond to Miami-Dade County, Florida, and the Miami-Dade Water and Sewer Department, respectively, for a certain Project entitled
(Name of Project) ____________________________________________, Contract No. and such other instruments in writing as may be necessary in behalf of the said Corporation, and that the Contract, Performance and Payment Bond and other such instruments signed by him shall be binding upon the said Corporation as its own acts and deeds."
I further certify that the above Resolution is in force and effect and has not been revised, revoked or rescinded.
Given under my hand and the Seal of the said Corporation this day of , 20 . (Month) (Year)
(Seal) By: (Secretary)
(Print or type name)
(Corporate Title)
NOTE: The above is a suggested form of the type of Corporation Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show that the person signing the Contract and the Performance and Payment Bond for the Corporation has been properly empowered by the Corporation to do so in its behalf.
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SURETY PERFORMANCE AND PAYMENT BOND
By this Bond, We as Principal, whose principal business address is , as Contractor under the contract dated , 20 , between Principal and Miami-Dade County for the Construction of,
(hereinafter referred to as “ Contract”) the terms of which Contract are
incorporated by reference in its entirety into this Bond and ________________________________a corporation, whose principal business address is as Surety, are bound to Miami-Dade County (hereinafter referred to as “County”) in the sum of for payment of which we bind ourselves, our heirs , personal representatives, successors and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal: 1. Performs all work due under the Contract, including but not limited to guarantees, warranties, and the curing of latent defects, said Contract being made a part of this bond by reference; and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract; and 3. Pays County for all losses, damages, including damages for delay, expenses, costs and attorney’s fees, including appellate proceedings, that County sustains because of a default by Principal under the Contract, including but not limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the Work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void, otherwise it remains in full force.
If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final acceptance by the County. This Bond does not limit the County’s ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.11 (3) (c), Florida Statutes.
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 the Surety’s obligation under this Bond.
.
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SURETY PERFORMANCE AND PAYMENT BOND (Continued)
IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day of , 20
ATTEST: CONTRACTOR:
(Secretary) (Contractor Name) BY: (Print or type name) (President) ( Managing Partner or Joint Venturer)
(Print or type name) (Official Title)
(SEAL)
S-898 098S-898 098
Page 3 of 3
SURETY PERFORMANCE AND PAYMENT BOND (Continued) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY:
(Printed Name of Surety) (CORPORATE SEAL) (Address of Surety)
(Telephone of Surety)
By: By: (Signature of Attorney-in Fact)* (Signature of Resident Florida Agent)* (Printed Name of Attorney-in-Fact) (Printed Name of Agent) (Address) (Address)
(Telephone) (Telephone)
(Copy of Agent’s current Identification Card as issued by Commissioner must be attached)
*Power of Attorney must be attached
S-898 099S-898 099
03/20/2014 Page 1
de Miami-Dade County VENDOR AFFIDAVITS FORM
(Uniform County Affidavits)
Internal Services Department (ISD)
Procurement Management Services Division
Vendor Services Section 111 NW 1st Street, Suite 1300, Miami, Florida 33128-1974
Telephone: 305-375-5773
www.miamidade.gov/procurement
The completion of the Vendor Affidavits Form allows vendors to comply with affidavit
requirements outlined in Section 2-8.1 of the Code of Miami-Dade County. Vendors are
required to have a complete Vendor Registration Package on file, including required affidavits,
prior to the award of any County contract. It is the vendor’s responsibility to keep all affidavit information up to date and accurate by submitting any updates to the ISD,
Procurement Management Services Division, Vendor Services Section.
FEDERAL EMPLOYER
IDENTIFICATION NUMBER (FEIN)
In order to establish a file for your firm, you must enter your firm’s FEIN. This number becomes your “County Vendor
Number”. Please enter your Federal Employee Identification
Number (FEIN) or if none, then enter the owner’s Social
Security Number (SSN).
FEIN
NORTH AMERICAN INDUSTRY
CLASSIFICATION SYSTEM (NAICS)
The North American Industry Classification System (NAICS)
is the standard used by the federal statistical agencies in
classifying business establishments for the purpose of
collecting, analyzing and publishing statistical data related
to the U.S. business economy.
NAICS Code
SECTION 2: VENDOR AFFIDAVITS FORM (pages 5-8)
A) Name of Entity, Individual(s), Partners or Corporation B) Doing Business As (If same as line A, leave blank)
Street Address (P.O. Box Number is not permitted)
City
State (U.S.A.)
Country
Zip Code
1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the Miami-Dade County Code)
Firms registered to do business with Miami-Dade County, shall require the person contracting or transacting such business with the County to disclose under oath his or her full legal name, and business address. Such contract or transaction shall also require the disclosure under oath of the full legal name and business address of all individuals having any interest (legal, equitable, beneficial or otherwise) in the contract other than subcontractors, materialmen, suppliers, laborers or lenders. Post office box addresses shall not be accepted hereunder. If the contract or business transaction is with a corporation the foregoing information shall be provided for each officer and director and each stockholder holding, directly or indirectly, five (5) percent or more of the outstanding stock in the corporation. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the foregoing information shall be provided for the trustee and each beneficiary of the trust. The foregoing disclosure requirements shall not apply to contracts with publicly-traded corporations, or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof, or any municipality of this State. Use duplicate page if needed for additional names.
If no officer, director or stockholder owns (5%) or more of stock, please write “None” below.
PRINCIPALS
FULL LEGAL NAME TITLE ADDRESS
OWNERS CHECK BOXES BELOW
FULL LEGAL NAME
TITLE %
OF OWNERSHIP
ADDRESS
GENDER RACE / ETHNICITY
M F
Whi
te
Bla
ck
Hispani
c
Asian/
Paci
fic
Isla
nder
Native
Am
erica
n/
Ala
skan
Nat
ive
Oth
er
If a percentage of the firm is owned by a publicly traded corporation or by another corporation, indicate below in the space “Other Corporations”.
OTHER CORPORATIONS % OF
OWNERSHIP
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03/20/2014 Page 2
2. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-133, amending Section 2.8-1(d)(2) of the Miami-Dade County Code)
The following information is for compliance with all items in the aforementioned Section:
1. Does your firm have a collective bargaining agreement with its employees? Yes
No
2. Does your firm provide paid health care benefits for its employees? Yes
No
3. Provide a current breakdown (number of persons) in your firm’s work force indicating race, national origin and gender.
NUMBER OF EMPLOYEES
Males Females
White
Black
Hispanic
Asian/Pacific Islander
Native American/Alaskan Native
Other
Total Number of Employees
Total Employees
3. MIAMI-DADE COUNTY EMPLOYMENT DRUG-FREE WORKPLACE CERTIFICATION (Section 2-8.1.2(b) of the Miami- Dade County Code)
All persons and entities that contract with Miami-Dade County are required to certify that they will maintain a drug-free workplace and such persons and entities are required to provide notice to employees and to impose sanctions for drug violations occurring in the workplace. In compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, the above named firm is providing a drug-free workplace. A written statement to each employee shall inform the employee about:
1. Danger of drug abuse in the workplace 2. The firms’ policy of maintaining a drug-free environment at all workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that may be imposed upon employees for drug abuse violations
The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug-free workplace policy and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Firms may also comply with the County’s Drug Free Workplace Certification where a person or entity is required to have a drug-free workplace policy by another local, state or federal agency, or maintains such a policy of its own accord and such policy meets the intent of this ordinance.
4. MIAMI-DADE COUNTY DISABILITY AND NONDISCRIMINATION AFFIDAVIT (Article 1, Section 2-8.1.5 Resolution R182-00 Amending R-385-95 of the Miami-Dade County Code)
Firms transacting business with Miami-Dade County shall provide an affidavit indicating compliance with all requirements of the Americans with Disabilities Act (A.D.A.). I, state that this firm, is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor shall comply with all applicable requirements of the laws including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction.
The American with Disabilities Act of 1990 (A.D.A.), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. Sections 225 and 611 including Titles I, II, III, IV and V.
The Rehabilitation Act of 1973, 29 U.S.C. Section 794
The Federal Transit Act, as amended, 49 U.S.C. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631
I, hereby affirm that I am in compliance with the below sections: Section 2-10.4(4)(a) of the Code of Miami-Dade County (Ordinance No. 82-37), which requires that all properly licensed architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Miami-Dade County. Section 2-8.1.5 of the Code of Miami-Dade County, which requires that firms that have annual gross revenues in excess of five (5) million dollars have an affirmative action plan and procurement policy on file with Miami-Dade County. Firms that have a Board of Directors that are representative of the population make-up of the nation may be exempt.
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5. MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38 of the Miami-Dade County Code)
Firms wishing to do business with Miami-Dade County must certify that its contractors, subcontractors, officers, principals, stockholders, or affiliates are not debarred by the County before submitting a bid.
I, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami-Dade County.
6. MIAMI-DADE COUNTY VENDOR OBLIGATION TO COUNTY AFFIDAVIT (Section 2-8.1 of the Miami-Dade County Code)
Firms wishing to transact business with Miami-Dade County must certify that all delinquent and currently due fees, taxes and parking tickets have been paid and no individual or entity in arrears in any payment under a contract, promissory note or other document with the County shall be allowed to receive any new business. I, confirm that all delinquent and currently due fees or taxes including, but not limited to, real and personal property taxes, convention and tourist development taxes, utility taxes, and Local Business Tax Receipt collected in the normal course by the Miami-Dade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firm, have been paid.
7. MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT
(Article 1, Section 2-8.1(i) and 2-11(b)(1) of the Miami-Dade County Code through (6) and (9) of the County Code and County Ordinance No 00-1 amending Section 2-11.1(c) of the County Code) Firms wishing to transact business with Miami-Dade County must certify that it has adopted a Code that complies with the requirements of Section 2-8.1 of the County Code. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum; require the contractor to comply with all applicable governmental rules and regulations. I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2-8.1 of the County Code, and that such code of business ethics shall apply to all business that this firm does with the County and shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations.
8. MIAMI-DADE COUNTY FAMILY LEAVE AFFIDAVIT (Article V of Chapter 11, of the Miami-Dade County Code)
Firms contracting business with Miami-Dade County, which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks in the current or preceding calendar year, are required to certify that they provide family leave to their employees. Firms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter (signed by an authorized agent) that it does not have the minimum number of employees required by the County Code. I confirm that if applicable, this firm complies with Article V of Chapter 11 of the County Code, which requires that firms contracting business with Miami-Dade County which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks in the current or preceding calendar year are required to certify that they provide family leave to their employees.
9. MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT (Section 2-8.9 of the Miami-Dade County Code)
All applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this section of the County Code.
I confirm that if applicable, this firm complies with Section 2-8.9 of the County Code, which requires that all applicable employers entering a contract with Miami-Dade County shall pay the prevailing living wage required by the section of the County Code.
10. MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT (Article 8, Section 11A-60 - 11A-67 of the Miami-Dade County Code)
Firms wishing to transact business with Miami-Dade County must certify that it is in compliance with the Domestic Leave Ordinance. I confirm that if applicable, this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami-Dade County for each working day during the current or preceding calendar year.
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03/20/2014 Page 4
AFFIRMATION
I, being duly sworn, do attest under penalty of perjury that the entity is in compliance with all requirements outlined in these Miami-Dade County Vendor Affidavits. I also attest that I will comply with and keep current all statements sworn to in the above affidavits and registration application. I will notify the Miami-Dade County, Vendor Services Section immediately if any of the statements attested hereto are no longer valid.
(Signature of Affiant) (Date)
Printed Name of Affiant and Title
NOTARY PUBLIC INFORMATION
Notary Public – State of:
State
County of
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
20 .
by
He or she is personally known to me
Or has produced identification
Type of Identification Produced
Signature of Notary Public
(Serial Number)
Print or Stamp of Notary Public
Expiration Date Notary Public Seal (When applicable)
S-898 104S-898 104
Page 1 of 2
COLLUSION AFFIDAVIT
(Code of Miami-Dade County Section 2-8.1.1 and 10-33.1) (Ordinance No. 08-113) BEFORE ME, A NOTARY PUBLIC, personally appeared _______________________ who being duly sworn states: (insert name of affiant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of this contract. I state that the bidder of this contract:
is not related to any of the other parties bidding in the competitive solicitation, and that the contractor’s proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer.
OR
is related to the following parties who bid in the solicitation which are identified and listed below:
_________________________ _______________________ _________________________ _______________________ _________________________ _______________________ Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected. By: ______ _________ 20 Signature of Affiant Date
___/___-___/___/___/___/___/___/___/ Printed Name of Affiant and Title Federal Employer Identification Number __________ __________________ _______________________________ Printed Name of Firm Address of Firm
CONTRACT S-880
S-898 105S-898 105
Page 2 of 2
SUBSCRIBED AND SWORN TO (or affirmed) before me this ______ day of _________, 20___ He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Serial Number ____________ Print or Stamp Name of Notary Expiration Date Notary Public – State of
CONTRACT S-880
S-898 106S-898 106
SUBCONTRACTOR/SUPPLIER LISTING (Miami-Dade County Code Sections 2-8.1, 2-8.8 and 10-34)
Firm Name of Prime Contractor/Respondent _______________________________________________ FEIN # _________________________________
Project/Contract Number ______________________________
In accordance with Sections 2-8.1, 2-8.8 and 10.34 of the Miami-Dade County Code, this form must be submitted as a condition of award by all bidders/respondents on County contracts for purchase of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all bidders/respondents on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more. The bidder/respondent who is awarded this bid/contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified, except upon written approval of the County. The bidder/respondent should enter the word “NONE” under the appropriate heading of this form if no subcontractors or suppliers will be used on the contract and sign the form below. In accordance with Ordinance No. 11-90, an entity contracting with the County shall report the race, gender and ethnic origin of the owners and employees of all first tier subcontractors/suppliers. In the event that the successful bidder demonstrates to the County prior to award that the race, gender, and ethnic information is not reasonably available at that time, the successful bidder shall be obligated to exercise diligent efforts to obtain that information and provide the same to the County not later than ten (10) days after it becomes available and, in any event, prior to final payment under the contract.
(Please duplicate this form if additional space is needed.)
Business Name and Address
of First Tier Subcontractor/
Subconsultant
Principal Owner
Scope of Work to be
Performed by
Subcontractor/
Subconsultant
Principal Owner
(Enter the number of male and female
owners by race/ethnicity)
Employee(s)
(Enter the number of male and
female employees and the number
of employees by race/ethnicity)
Gender Race/Ethnicity Gender Race/Ethnicity
M F
Wh
ite
Bla
ck
His
pa
nic
Asi
an
/Pa
cif
ic
Isla
nd
er
Na
tiv
e
Am
eric
an
/Na
tiv
e
Ala
ska
n
Oth
er
M F
Wh
ite
Bla
ck
His
pa
nic
Asi
an
/Pa
cif
ic
Isla
nd
er
Na
tiv
e
Am
eric
an
/Na
tiv
e
Ala
ska
n
Oth
er
Business Name and Address
of First Tier Direct Supplier Principal Owner
Supplies/Materials/
Services to be
Provided by
Supplier
Principal Owner
(Enter the number of male and female
owners by race/ethnicity)
Employee(s)
(Enter the number of male and
female employees and the number
of employees by race/ethnicity)
Gender Race/Ethnicity Gender Race/Ethnicity
M F
Wh
ite
Bla
ck
His
pan
ic
Asi
an
/Pacif
ic
Isla
nd
er
Nati
ve
Am
eric
an
/Nati
ve
Ala
skan
Oth
er
M F
Wh
ite
Bla
ck
His
pan
ic
Asi
an
/Pacif
ic
Isla
nd
er
Nati
ve
Am
eric
an
/Nati
ve
Ala
skan
Oth
er
Mark here if race, gender and ethnicity information is not available and will be provided at a later date. This data may be submitted to Contracting/User department or on-line to the Small Business Development Division of the Internal Services Department at: http://www.miamidade.gov/smallbusiness/business-development-forms.asp.
I certify that the representations contained in this Subcontractor/Supplier listing are to the best of my knowledge true and accurate.
________________________________ __________________________ ___________________________ _____________ Signature of Bidder/Respondent Print Name Print Title Date SUB 100 Rev. 12/15
S-898 107S-898 107
FORM CWP-01 - Revised 9/2014
CONTRACT/WORKORDER NO:PRIME: WORKFORCE GOAL:
(A) (B) ( C ) (D) (E) * (F)**
COMPANY NAME: TRADE
TOTAL # OF POSITIONS ASSIGNED
TO THE PROJECT
# OF POSITIONS IN "C" FILLED BY STAFF
CURRENTLY ON THE FIRMS PAYROLL
# OF EMPLOYEES LISTED IN "D' WHO RESIDE IN A DTA
# OF POSITIONS TO BE FILLED TO MEET
THE CWP GOAL
TOTAL:
Executed by:
* For the each existing employee(s) listed in Column "E" the following information MUST be submitted with your Workforce Plan. 1. Government issued picture ID (Driver License, US Passport, etc.) 2. Utility Bill, Voter Registration Card, Native American Tribal Document, Bank Statement, State or Federal Correspondence, Tax Returns
COMMUNITY WORKFORCE PROGRAM WORKFORCE PLAN
**The position(s) listed in Column "F" must be posted at the following website: https://iapps.careersourcesfl.com/jchcwp/. The database resides with Career Sources Florida who matches the requirements of submittals with available workforce in their database and provides a list to contractors for possible interviews and hiring.
(Signature and Title of Affiant)
(Printed Name of Affiant)
S-898 109S-898 109
CWP- EI FORM - REVISED 9/2014
CONTRACT/WORKORDER NO:PRIME: WORKFORCE GOAL:
COMPANY NAME: EMPLOYEE NAME LAST 4 DIGITS
OF SS# TRADE
PERFORMING ADDRESS, CITY, ZIP CODEPICTURE ID
INCLUDED (1)
OTHER FORM OF ID
INCLUDED (2)
Only persons who have resided in the Designated Target Area (DTA within the past year (12 months) qualify to meet the Community Workforce Program (CWP) goal
Acceptable Documents: (1) Government issued picture ID (Driver License, US Passport, etc.) (2) Utility Bill, Voter Registration Card, Native American Tribal Document, Bank Statement, State or Federal Correspondence, Tax Returns
Additional documents may be required if any of the above forms of identification does not validate the one year residency requirement
COMMUNITY WORKFORCE PROGRAM EMPLOYEE INFORMATION FORM
S-898 110S-898 110
CWP – JCA - Revised 9/2014
JOB CLEARINGHOUSE AFFIDAVIT Notice of Construction Job Opportunities
Project /Contract Number: ______________________ Pursuant to Miami-Dade County Resolution No. R-1395-05, there are ___ open
positions(s) to submit to the Job Clearinghouse for this project at this time. All
open positions will be submitted to Career Source South Florida at
https://iapps.careersourcesfl.com/jchcwp/.
___________________________ ______________________ (Signature of Affiant) (Date)
_______________________________________________________ (Printed Name of Affiant, Title, and Firm Name)
________________________________ (Witness)
Sworn to and subscribed before me this _______day of ______________20____ By: _____________________________ ________________________________ Signature of Notary Public ________________________________ Notary’s Name, Printed, Stamped or Typed
Personally Known
Produced ID
Type of ID produced ______________
S-898 111S-898 111
FORM RFTE 1
Residents First Training and Employment Program Responsible Contractor/Subcontractor Affidavit Form (RFTE 1)
(Miami-Dade County Code Section 2-11.17)
In accordance with Section 2-11.17 of the Miami-Dade County Code, all contractors and subcontractors of any tier performing on a contract for (i) the construction, demolition, alteration and/or repair of public buildings or public works projects valued in excess of $1,000,000 funded completely or partially by Miami-Dade County, or (ii) privately funded projects or leases valued in excess of $1,000,000 for the construction, demolition, alteration or repair of buildings or improvements on County owned land, and which are subject to Section 2-11.16 of the Code of Miami-Dade County shall comply with the requirements of the Residents First Training and Employment Program.
If applicable, the undersigned □ Contractor / □ Subcontractor verifies that should they be awarded the contract, the undersigned understands their obligation to comply with the following:
i. Prior to working on the project, all persons employed by the contractor / subcontractor to perform construction shall have completed, the OSHA 10 Hour Safety Training course established by the Occupational Safety & Health Administration of the United States Department of Labor. Such training does not need to be completed at the time of bidding but shall be completed prior to the date persons are employed on the project.
ii. The contractor / subcontractor will make its best reasonable efforts to promote employment opportunities for local residents and seek to achieve a project goal of having fifty-one percent (51%) of all Construction Labor hours performed by Miami-Dade County residents. To verify workers’ residency, firms shall require each worker to produce a valid driver’s license or other form of government-issued identification.
______________________________ _______________________ _________________________ Printed Name of Affiant Printed Title of Affiant Signature of Affiant __________________________________________________ ________________________________ Name of Firm Date _______________________________________ ______________________ ___________________ Address of Firm State Zip Code
Notary Public Information
Notary Public – State of ______________________________ County of ________________________ Subscribed and sworn to (or affirmed) before me this _________day of, ___________________ 20____. by ______________________ He or she is personally known to me □ or has produced identification □ Type of identification produced __________________________________________________________ __________________________________________ ________________________________ Signature of Notary Public Serial Number __________________________________ ______________________ ______________________ Print or Stamp of Notary Public Expiration Date Notary Public Seal
S-898 113S-898 113
FORM RFTE 2
Residents First Training and Employment Program - Construction Workforce Plan (Miami-Dade County Code Section 2-11.17) - Form RFTE 2
Contract No. ________________________________ Prime Contractor: ________________________________________________________
In accordance with Section 2-11.17 of the Miami Dade County-Code, this form must be submitted by the Prime Contractor within 10 business days of award notification and prior to issuance of a Notice to Proceed. The Prime Contractor should enter the word “NONE” where appropriate below and sign the form below. Please duplicate this form if additional space is needed.
i. Specify the total number of persons that will be used by the Prime Contractor and all subcontractors to perform all of the construction trades and labor work of the contract, broken down by trade and labor category, minimum qualifications for each category, the number of persons to be utilized in each category, and the number of positions to be hired by the contractor in each category which are not currently staffed. If the current workforce will not achieve the project goal of 51% construction labor hours performed by Miami-Dade County residents, include a Job Clearinghouse Affidavit or a statement on how Miami-Dade County residents will be recruited to fill the needed positions and meet the goal. Contractor/Subcontractor
Name Trade/Category Minimum Qualifications
# of Persons to be Utilized
# of Persons to be Hired
ii. Identify by name, address and trade category of all persons proposed to perform work under the contract currently on the contractor's (or on any proposed subcontractor's) payroll who reside
in Miami-Dade County only.
Employee Name Address Trade/Category Performing
iii. Attach a list of subcontractors that will be used on the project and executed Responsible Subcontractor Affidavits (Form RFTE 1) for each. iv. Attach a list of all employees currently employed by the contractor and each subcontractor at the time of award that includes the last four digits of their social security. I certify that the representations contained in this Construction Workforce Plan are to the best of my knowledge true and accurate. ________________________________________ ____________________________________ _______________________________ ___________________________ Signature of Affiant Print Name Print Title Date
S-898 115S-898 115
Miami-Dade County
Contractor Due Diligence Affidavit
Per Miami-Dade County Board of County Commissioners (Board) Resolution No. R—63-14, County Vendors and Contractors shall disclose the followingas a condition of award for any contract that exceeds one million dollars ($1 ,000,000) or that otherwise must be presented to the Board for approval:
(1) Provide a list of all lawsuits in the five (5) years prior to bid or proposal submittal that have been filed against the firm, its directors, partners,principals and/or board members based on a breach of contract by the firm; include the case name, number and disposition;
(2) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has defaulted; include a brief description ofthe circumstances; '
(3) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has been debarred or received a formalnotice of non-compliance or non-performance, such as a notice to cure or a suspension from participating or bidding for contracts, whetherrelated to Miami-Dade County or not.
All of the above information shall be attached to the executed affidavit and submitted to the Procurement Contracting Officer (PCO)/ AE SelectionCoordinator overseeing this solicitation. The Vendor/Contractor attests to providing all of the above information, if applicable, to the PCO.
Federal EmployerContract No. : Identification Number (FEIN):
Contract Title:
Printed Name of Affiant Printed Title of Affiant Signature of Affiant
Name of Firm Date
Address of Firm State Zip Code
=. ; Notary Public Information
Notary Public — State of County of
Subscribed and sworn to (or affirmed) before me this day of, 20
by He or she is personally known to me Cl or has produced identification
Type of identification produced
Signature of Notary Public Serial Number
Print or Stamp of Notary Public Expiration Date Notary Public Seal
2/2014
S-898 117S-898 117
Page 1 of 2
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Proposal Form for Project No.
for
2. This sworn statement is submitted by
[name of entity submitting sworn statement]
whose business address is
and
(if applicable) its Federal Employer Identification Number (FEIN) is .
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
3. My name is and my relationship to the
[please print name of individual signing]
entity named above is .
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of
any state or federal law by a person with respect to and directly related to the transaction of business with any public
entity or with an agency or political subdivision of any other state or 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 or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding
of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial
court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,
nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not for fair market value under an arm's length agreement, shall
be a prima facie case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 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
S-898 118S-898 118
Page 2 of 2
and which supplies a quote on contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the entity submitting
this sworn statement. [Please indicate which statement applies.]
________ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity
have 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 the officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in 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, AND [Please indicate which
additional statement applies.]
_________There has been a proceeding concerning the conviction before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or
affiliate on the convicted contractor list. [Please attach a copy of the final order.]
_________The person or affiliate was placed on the convicted contractor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the
convicted contractor list. [Please attach a copy of the final order.]
__________The person or affiliate has not been placed on the convicted contractor list. [Please describe any action
taken by or pending with the Department of General Services.]
_______________________________________________
[signature]
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
__________________________________ who, after first being sworn by me, affixed his/her signature
[name of individual signing]
in the space provided above on this day of , 20 .
NOTARY PUBLIC
My Commission expires:
S-898 119S-898 119
SCRUTINIZED COMPANIES LIST REQUIREMENT CERTIFICATION FORM
This completed and signed form must be submitted within five (5) days of the notice of award
recommendation and is a condition of award of the Contract. The Contractor may be deemed non-responsive for failure to fully comply within stated timeframe.
Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a response to a solicitation for goods or services in an amount equal to or greater
than $1 million.
The Vendor, by virtue of the signature below, certifies that:
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135,
Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
b. The Vendor, owners, or principals, are eligible to participate in this solicitation and are not listed on either the Scrutinized Companies with Activities in Sudan List or on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
c. If awarded the Contract, the Vendor, owners, or principals will immediately notify the
County in writing if any of its principals are placed on the Scrutinized Companies with
Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List.
______________________________ _______________________ _________________________ Printed Name of Affiant Printed Title of Affiant Signature of Affiant
__________________________________________________ ________________________________ Name of Firm Date
_______________________________________ ______________________ ___________________ Address of Firm State Zip Code
Notary Public Information
Notary Public – State of ______________________________ County of ________________________
Subscribed and sworn to (or affirmed) before me this _________day of, ___________________ 20____.
by ______________________ He or she is personally known to me □ or has produced identification □ Type of identification produced __________________________________________________________ __________________________________________ ________________________________ Signature of Notary Public Serial Number
__________________________________ ______________________ ______________________
Print or Stamp of Notary Public Expiration Date Notary Public Seal
S-898 120S-898 120
GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Article Title Page
1. DEFINITIONS ...................................................................................................................................................... 3
2. INTERPRETATION ........................................................................................................................................... 11
3. ARCHITECT/ENGINEER .................................................................................................................................. 14
4. OWNER .............................................................................................................................................................. 16
5. CONTRACTOR .................................................................................................................................................. 19
6. SUBCONTRACTORS ........................................................................................................................................ 21
7. PROSECUTION OF THE WORK………………………………… …………...…………………………24
A. Workmanship and Unauthorized Work
B. Material
C. Methods of Sampling and Testing
D. Meetings
E. Permits and Compliance with Laws
F. Coordination and Access
G. Rights in Land and Improvements
H. Interference with Existing Utilities
I. Protection of Existing Facilities, Vegetation, Structures, Utilities and Improvements
J. Damage to the Work and Responsibility for Materials
K. Emergencies
L. Accident Prevention
M. Warranty of Work
8. CONTRACT TIME………………………………………………………………….……………….…….….37
A. Notice to Proceed
B. Schedules
C. Extensions of Time and Classification of Types of Delays
D. Substantial Completion and Final Acceptance
E. Use and Possession
F. Liquidated Damages/Liquidated Indirect Costs
9. PROGRESS PAYMENTS ............................................................................................................................. 47
A. Payments
B. Taxes
C. Payments to Subcontractors and Suppliers
D. Contract Prices - Bid Form
E. Final Payment
10. CHANGES .................................................................................................................................................... 56
A. Changes
B. Allowance Accounts
C. Deletion or Addition of Work
D. Increased or Decreased Quantities (Unit Prices)
E. Extra Work
F. Differing Site Conditions
CONTRACT 1 BID SETCONTRACT 1 BID SET1 BID SETCONTRACT 1
S-898 122S-898 122
G. Force Account
H. Contractor Proposals - General
I. Value Engineering Change Proposals
11. CLAIMS AND DISPUTES .......................................................................................................................... 67
A. Notice of Claims
B. Claim Submittals
C. Disputes
D. Termination
12. MISCELLANEOUS PROVISIONS ............................................................................................................ 80
A. No Third Party Beneficiary
B. Venue
C. Governing Laws
D. Successors and Assigns
E. Written Notice
F. Indemnification
G. Audit Rights
H. Severability
I. Payment and Performance Bond
J. Insurance
K. Conflict of Interest
L. Rights in Shop Drawings
M. Patent and Copyright
N. Historical, Scientific and Archaeological Discoveries
O. Use of Owner's Name in Contractor Advertising or Public Relations
13. ATTACHMENTS ........................................................................................................................................ 89
CONTRACT 2 BID SETCONTRACT 2 BID SET2 BID SETCONTRACT 2
S-898 123S-898 123
1. DEFINITIONS ( Ju n e 1 2 , 2 0 1 2 )
Addendum/Addenda: A modification or clarification of the Contract
Documents distributed to prospective Bi dders prior to the opening of Bids.
Advertisement for Bids: The public notice invit ing the submission of Bids for
the Work.
Allowance Account (General): Account in which a stated maximum dollar
amount is included in the Contract for the purpose of fundi ng, at the sole
discretion of the Owner, unforeseen and/or changed conditions or extra work
arising during the prosecution of the Work or any other changes issued by the
Owner. The scope and l imitations regarding use of the Allowance Account are
contained in the Contract Documents. Performance of work, if any, under this
Allowance Account shall be authorized by writ ten Work Order issued by the
Owner.
Allowance Account(s) (Dedicated): Account(s) in which stated maximum dollar
amount(s) are included in the Contract for the purpose of funding specific i tems
of work at the sole discretion of the Owner. The scope and l imitations
regarding use of the Dedicated Allowance Account(s) are contained in the
Contract Documents.
Architect/Engineer: Owner or i ts authorize d representatives identified in the
Notice-to-Proceed letter, including but not l imited to the Resident
Architect/Engineer, the Construction Manager, the Owner’s representatives and
the Architect/Engineer of Record. In the event an Architect/Engineer is n ot
employed on the project , the term “Owner” may be substi tuted for
Architect/Engineer.
Art in Public Places: Miami -Dade County program established through
Ordinance #94-12 and codified in Miami -Dade County Code Section 2 -11.15
providing 1.5% of each County project’s capital cost to fund a public art
component within the Project . Coordination and installat ion of the Artist’s
work is included as part of the scope of the Contractor’s services to the extent
that i t is defined in the Bid Documents.
Artist : Person(s) chosen through the Art in Public Places program to design and
fabricate or specify an integrated work of art for the Project . The term Artist
as may be referred to in the Contract Documents means the Artist and/or their
authorized representative.
As-Built Documents: Documents signed and sealed by an appropriately l icensed
professional and submitted by the Contractor during and/or upon completion of
the Contract reflecting actual installed/buil t conditions and all changes made in
the Contract Documents during the construction process and showing the exact
dimensions, geometry, location, identificat ion and such other information as
required by the Contract Documents and/or Architect/Engineer for al l elements
of the work completed under the contract . (Also referred to as As -Built
Drawings or As-Buil ts) . Final payment is conditional upon the receipt of As -
Built Documents.
CONTRACT 3 BID SETCONTRACT 3 BID SET3 BID SETCONTRACT 3
S-898 124S-898 124
BCC: Board of County Commissioners , the governing board of Miami -Dade
County.
Beneficial Occupancy: The point at which the Owner or Archi tect/Engineer
determines that the Work or any portion thereof can be occupied from a
regulatory and work function standpoint prior to Substantial Completion of the
Work. Beneficial Occupancy will not relieve the Contractor of any of i ts
obligations relative to Substantial Completion or of i ts respo nsibil i ty to fully
complete the Work in accordance with the Contract Documents.
Bid: The writ ten offer of a Bidder to perform the Work.
Bid Documents: The Advertisement for Bids, Instructions to Bidders, Bid
Form, Bid Security, Construction Contract , al l contractual forms, General
Condi tions, Special Provisions, Technical Specifications and Contract
Drawings, together with all Addenda and any other applicable standards,
regulations, laws and permits as described within these other documents which
may be incorporated by reference.
Bid Item: A specific i tem of work represented by a l ine i tem in the Bid Form.
Bid Form: The form on which Bids are submitted.
Bid Security: The cashier 's check, cert if ied check or bid bond, accompanying
the Bid and submitted by the prospective bidder, as a guarantee that the
prospective bidder will enter into a contract with the Owner for the
performance of the Work and furnish acceptable bonds and insurance if the
Contract is awarded to him.
Bidder: An individual , f irm, partner ship, corporation or combination thereof,
submitt ing a Bid for the Work.
Certif icate of Substantial Completion: Certif icate issued to the Contractor by
the Owner cert ifying that Substantial Completion has been achieved.
Certif icate of Completion: Certif ica te issued by the local bui lding official
providing proof that a structure or system is complete and, for certain types of
permits, is released for use and may be connected to a uti l i ty system. This
cert if icate does not grant authority to occupy a building, such as a shell
building, prior to the issuance of a Cert if icate of Occupancy by the local
building official .
Certif icate of Final Acceptance: Certif icate issued to the Contractor by the
Owner cert ifying that Final Acceptance has been achieved in accordan ce with
the definit ion reflected herein (see Final Acceptance definit ion).
Certif icate of Occupancy: Certif icate issued by the local building official after
the building official inspects the building or structure and finds no violations
of the provisions of applicable codes or other laws that are enforced by the
local building department.
Change Notice: A document issued by the Architect/Engineer or Owner to the
Contractor specifying a proposed change to the Contract Documents and
requesting a price proposal from the Contractor, if applicable, within a
specified t ime period.
Change Order: A writ ten agreement executed by the Owner, the Contractor and
the Contractor 's Surety, covering modifications to the Contract Documents.
CONTRACT 4 BID SETCONTRACT 4 BID SET4 BID SETCONTRACT 4
S-898 125S-898 125
Construction Staging Area: Prope rty which may be available for use by the
Contractor during the construction period for the purpose of storing products
and construction equipment and for the purpose of staging the Work. The
construction staging area(s), if applicable, are defined in the Contract
Documents.
Construction Contract: The agreement executed by the Contractor and the
Owner covering the performance of the Work including the furnishing of labor,
superintendence, materials, tools and equipment as indicated in the Contract
Documents . The term “Contract” shall have the same meaning.
Consultant: See Architect/Engineer.
Contract Documents: Bid Documents, Change Orders , Payment and Performance
Bonds, Work Orders, Approved Schedules, al l Contractual Forms, Approved
Shop Drawings and Approved Working Drawings.
Contract Drawings: The plans, profiles, cross -sections, elevations, schedules,
and details which show locations, character, dimensions and details of the
Work. Contract Drawings are confidential under the Florida Public Records Act
and the Contractor is responsible for maintaining confidentiali ty during and
after the progress of the Work.
Contractor: The individual, f irm, partnership, or corporation, or combination
thereof, private, municipal , or public, including joint ventures, dul y l icensed
under Florida Statutes , which, as an independent Contractor, has entered into a
Contract with Miami -Dade County, who is referred to throughout the Contract
Documents by singular in number and masculine in gender.
Contract Time: The number of da ys allowed for completion of the Work
commencing with the effective date of Notice to Proceed. The Contract Time
will be st ipulated in the Contract Documents unless extended by a Change
Order or by a Work Order.
County: See Owner.
County Manager: The County Manager of Miami -Dade County, Florida.
County Mayor: The Mayor of Miami -Dade County, Florida.
Crit ical Path: Longest sequence of activit ies in a project’s schedule which
defines the project completion date and which must be completed on t ime in
order for the project to be completed on schedule.
Days: Unless otherwise designated, days mean calendar days.
Department Director: The Director of the Miami -Dade County Department
implementing the work.
Department Director’s Representative: The person or persons designated by the
Department Director to act on his behalf in the administration of the contract
within the l imits of their respective authorization.
Direct Costs: Direct Costs recoverable by the Contractor as a re sult of changes
in the Work shall be l imited to the actual addit ional costs of labor and
materials installed as part of the Work and for the reasonable addit ional cost of
rental of any Special Equipment or Machinery. Labor shall be l imited to si te
labor costs, including Employer’s Payroll Burden. Specifically excluded from
CONTRACT 5 BID SETCONTRACT 5 BID SET5 BID SETCONTRACT 5
S-898 126S-898 126
labor are the costs of general foremen and si te office personnel. Materials are
l imited to permanent materials required by the Contract Documents and
materials approved by the Architect/Engineer as necessary to install the
permanent materials in an efficient and workmanlike manner. For special
equipment or machinery not l isted in said document, the Contractor shall be
paid a rental rate corresponding to the average prevail ing rental rate for such
equipment or machinery in Miami -Dade County, Florida, subject to approval by
the Architect/Engineer . No addit ional payment shall be made to the Contractor
for fuel , lubricants, fair wear and tear, transportation, insurance or
depreciation. Any equipment or machinery not designated by the
Architect/Engineer as special equipment and machinery shall be considered
Overhead.
Extra Work: Work not provided for in the Contract Documents as awarded or as
previously modified by Change Order or Work Order bu t found to be essential
to the satisfactory completion of the Contract within i ts intended scope.
Field Representative/Construction Manager: An authorized representative of the
Owner that may provide administrative and construction inspection services
during the pre-construction, construction, and closeout phases of the Contract
and through which the orders of the Owner shall be given. The Field
Representative has no authority to modify or waive any provision of the
Contract Documents.
Final Acceptance: The formal writ ten acceptance by the Owner of the
completed work.
Final Completion: Point in t ime when the Owner determines that al l Work has
been completed in accordance with the Contract Documents and al l deficiencies
l isted within the Cert if icate of Substantial Completion and Punch List have
been corrected to the satisfaction of the Owner or Architect/Engineer including
but not l imited to all required final inspections, close -out documents, delivery
of al l spares and extra materials and activation of warran ties as required. A
Certif icate of Final Acceptance shall be issued to the Contractor by the Owner
upon Final Completion.
Force Account: A method of payment measured by actual cost of the labor,
materials and equipment plus a mark-up for Indirect Costs, as dist inct from
other payment methods such as lump sum or unit price, for Extra Work ordered
by Change Order and/or Work Order.
Fragment: A fragment or selected portion of the Schedule network and/or
network of proposed changed work activit ies.
Furnishing: Manufacturing, fabricating and delivering to the si te of the Work
materials, plant, power, tools, patterns, supplies, appliances, vehicles and
conveyances necessary or required for the completion of Work.
General Conditions: This section of the Contract Do cuments which specifies, in
general , the contractual conditions.
Green Building Practices: Environmentally - and socially-conscious practices
that emphasize processes and methods of design and construction that reduce
exposure to noxious materials, conserve non-renewable energy and scarce
materials, minimize l ife -cycle ecological impact of energy and materials,
employ renewable energy or materials that are sustainably harvested, protect
CONTRACT 6 BID SETCONTRACT 6 BID SET6 BID SETCONTRACT 6
S-898 127S-898 127
and restore local air , water, soils, f lora and fauna, and support pedest rians,
bicycles, mass transit and other alternatives to fossil -fueled vehicles.
Indirect Costs: Overhead.
Installat ion, Install or Install ing: Completely assembling, erecting and
connecting material , parts, components, supplies and related equipment
specif ied or required for the completion of the Work including the successful
passing of all tests so that they are fully functional.
LEED (Leadership in Energy and Environmental Design): An ecology -oriented
building cert if ication program run under the auspices of the U.S. Green
Building Council (USGBC) which concentrates i ts efforts on improving
performance across five key areas of environmental and human health: energy
efficiency, indoor environmental quali ty, materials selection, sustainable si te
development, and water savings.
Limit of Work: Boundary within which the Work is to be performed.
Liquidated Damages: The amount that the Contractor accepts, as st ipulated in
the Contract Documents, that will be deducted from the Contract Sum for each
Day of delay due to a Non-excusable Delay.
Liquidated Indirect Costs Rate: The amount, st ipulated in the Contract
Documents, that will be added to the Contract Sum for each Day of delay due to
a Compensable Delay. The Contractor accepts this sum as full compensation
for the Contractor 's and all i ts Subcontractors ' Indirect Costs, for each Day of
Compensable Delays. This amount is agreed to include any costs other than
Direct Costs incurred by the Contractor and all i ts Subcontractors of any t ier in
the performance of this Contract .
Lump Sum Bid Item: A bid i tem in which quanti ty is not separately measured
for payment in units but rather is based on the amount bid by the Contractor as
indicated in the Bid Form and made a part of the Contract . Partial payments of
Lump Sum Bid Items will be conditionally made, based upon an approved
schedule of values, and will be subject to reconcil iat ion in the event that the
work of a Lump Sum Bid Item is not fully completed in accordance with the
requirements of the Contract Documents.
Miami-Dade County (MDC): A poli t ical subdivision of the State of Florida, the
Owner.
Milestone: A completion date as defined in the Contract Documents.
Notice to Proceed: Writ ten notice from the Owner to the Contractor specifying
the date on which the Contractor is to proceed with the Work and on which the
Contract Time commences to run.
Notice of Termination: Writ ten notice from the Architect/Engineer or the
Owner to the Contractor to permanently stop work under the Contract on the
date and to the extent specified in the notice. The Notice of Termination
includes Notices of Termination for Convenience, Default and National
Emergencies as set forth in the Contract Documents. Upon receipt of such
notice, the Contractor shall comply with the termination provisi ons of this
Contract .
CONTRACT 7 BID SETCONTRACT 7 BID SET7 BID SETCONTRACT 7
S-898 128S-898 128
O v e r h e a d ( I n d i r e c t C o s t s ) : O v e r h e a d , a l s o d e f i n e d a s “ I n d i r e c t C o s t s ” , i n c l u d e s
a n y a n d a l l c o s t s o t h e r t h a n D i r e c t C o s t s . T h e t e r m “ O v e r h e a d ” a s i n d i c a t e d i n
t h i s d e f i n i t i o n s h a l l a p p l y t o b o t h C o n t r a c t o r s a n d S u b c o n t r a c t o r s o f a n y t i e r .
O v e r h e a d i n c l u d e s , b u t i s n o t l i m i t e d t o , a l l p r o f i t a n d c o s t s a s s o c i a t e d w i t h
: P r o j e c t b o n d p r e m i u m s , P r o j e c t i n s u r a n c e p r e m i u m s , c o s t s o f s u p e r v i s i o
n , c o o r d i n a t i o n , s u p e r i n t e n d e n t s , g e n e r a l f o r e m e n , c o n s u l t a n t s , s c h e d u l e r s , c o
s t c o n t r o l l e r s , a c c o u n t a n t s , o f f i c e a d m i n i s t r a t i v e p e r s o n n e l , t i m e k e e p e r s , c l e r k
s , s e c r e t a r i e s , w a t c h p e r s o n s , s m a l l t o o l s , e q u i p m e n t o r m a c h i n e r y , u t i l i t i e s , r e n
t , t e l e p h o n e s , f a c s i m i l e m a c h i n e s , c o m p u t e r s , w o r d p r o c e s s o r s , p r i n t e r s , p l o t t e r
s , c o m p u t e r s o f t w a r e , a l l e x p e n d a b l e i t e m s , j o b s i t e a n d g e n e r a l o f f i c e e x p e n s e
s , e x t e n d e d j o b s i t e g e n e r a l c o n d i t i o n s , i n t e r e s t o n m o n i e s r e t a i n e d b y t h e O w n e
r , e s c a l a t e d c o s t s o f m a t e r i a l s a n d l a b o r , i m p a c t c o s t o n u n c h a n g e d w o r
k , i n e f f i c i e n c y , d e c r e a s e d p r o d u c t i v i t y , h o m e o f f i c e e x p e n s e s o r a n y c o s t i n c u r r
e d t h a t m a y b e a l l o c a t e d f r o m t h e h e a d q u a r t e r s o f t h e C o n t r a c t o r o r a n y o f
i t s S u b c o n t r a c t o r s , l o s s o f a n y a n t i c i p a t e d p r o f i t s , l o s s o f b o n d i n g c a p a c i t y
o r c a p a b i l i t y l o s s e s , l o s s o f b u s i n e s s o p p o r t u n i t i e s , l o s s o f p r o d u c t i v i t y o n t h i s
o r a n y o t h e r P r o j e c t , l o s s o f i n t e r e s t i n c o m e o n f u n d s n o t p a i d , c o s t s t o p r e p a r
e a b i d , c o s t t o p r e p a r e a q u o t e f o r a C h a n g e i n t h e W o r k , c o s t s t o p r e p
a r e , n e g o t i a t e o r p r o s e c u t e c l a i m s , c o s t s o f l e g a l a n d a c c o u n t i n g w o r k , c o s t s s
p e n t t o a c h i e v e c o m p l i a n c e w i t h a p p l i c a b l e l a w s a n d o r d i n a n c e s , l o s s o f P r o j e c t
s n o t b i d u p o n , l o s s o f p r o d u c t i v i t y o r i n e f f i c i e n c i e s i n t h e W o r k f r o m a n y c a u s e
.
O w n e r : M i a m i - D a d e C o u n t y , w h o s e g o v e r n i n g b o d y i s t h e B C C a c t i n g i n i t s
p r o p r i e t a r y c a p a c i t y . W h e r e a p p l i c a b l e , t h e O w n e r a c t s t h r o u g h i t s
A r c h i t e c t / E n g i n e e r o r F i e l d R e p r e s e n t a t i v e . W h e n t h e s e C o n t r a c t D o c u m e n t s
r e q u i r e t h e a c t i o n o f i n d i v i d u a l p e r s o n s , t h e d o c u m e n t s c o n t a i n s p e c i f i c
r e f e r e n c e s t o t h e s e p e r s o n s . I n p a r t i c u l a r , t h e d o c u m e n t s s h a l l r e f e r t o t h e B C C
w h e n a p p r o v a l o f t h e B C C i s s p e c i f i c a l l y r e q u i r e d a n d t o t h e
A r c h i t e c t / E n g i n e e r w h e n t h e A r c h i t e c t / E n g i n e e r ’ s a p p r o v a l i s s p e c i f i c a l l y
r e q u i r e d .
P a y m e n t a n d P e r f o r m a n c e B o n d : B o n d e x e c u t e d b y t h e C o n t r a c t o r a n d i t s
S u r e t y a s s u r i n g t h a t t h e C o n t r a c t o r w i l l , i n g o o d f a i t h , p e r f o r m a n d g u a r a n t e e
t h e w o r k i n f u l l c o n f o r m i t y w i t h t h e t e r m s o f t h e C o n t r a c t D o c u m e n t s a n d w i l l
p r o m p t l y p a y a l l p e r s o n s s u p p l y i n g t h e C o n t r a c t o r w i t h l a b o r , m a t e r i a l s , o r
s u p p l i e s , u s e d d i r e c t l y o r i n d i r e c t l y b y t h e C o n t r a c t o r i n t h e p r o s e c u t i o n o f t h e
W o r k . T h i s b o n d s h a l l b e a s i n g l e i n s t r u m e n t b o n d f o r t w i c e t h e p e n a l s u m ( t o
c o v e r 1 0 0 % o f t h e t o t a l m a x i m u m c o n t r a c t a m o u n t f o r p a y m e n t - r e l a t e d i s s u e s
a n d 1 0 0 % o f t h e t o t a l m a x i m u m c o n t r a c t a m o u n t f o r p e r f o r m a n c e - r e l a t e d
i s s u e s ) .
P r o j e c t : S e e d e f i n i t i o n f o r W o r k .
P u n c h L i s t : A l i s t i s s u e d b y t h e O w n e r t o t h e C o n t r a c t o r o f w o r k e l e m e n t s
r e q u i r i n g r e m e d i a l a c t i o n o r c o m p l e t i o n b y t h e C o n t r a c t o r b e f o r e F i n a l
C o m p l e t i o n i s i s s u e d t o t h e C o n t r a c t o r .
R i g h t - o f - W a y : A t e r m d e n o t i n g l a n d a n d p r o p e r t y , a n d i n t e r e s t s t h e r e i n , o w n e d
o r a c q u i r e d b y t h e O w n e r .
S c h e d u l e s : A l l s c h e d u l e s d e l i v e r e d u n d e r t h e C o n t r a c t i n c l u d i n g t i m e s c h e d u l e s
a n d s c h e d u l e o f v a l u e s .
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Schedule of Values: A detailed cost breakdown of each lump sum bid i tem in
the bid form, submitted by the Contractor at the beginning of the Work and to
be used as a basis to determine monthly progress payments and quanti ty
adjustments within the constraints specified in the Contract Documents.
Shop Drawings: Documents furnished by the Contractor for approval by the
Architect/Engineer to i l lustrate specific portions of the Work. Shop Drawings
include drawings, diagrams, i l lus trations, calculations, schedules, tables,
charts, brochures and other data describing design, fabrication and installat ion
of specific portions of the Work.
Site, Project Site, Work Site, Construction Site, Job Site: The location(s) at
which the work under this Contract is to be accomplished, as shown in the
Contract Documents.
Special Provisions: Section of the Contract which i ncludes specific contractual
requirements not covered in the General Conditions that are specific to the
Project .
Subcontractor: Any person or enti ty, other than the employees of the
Contractor, supplying the Contractor with labor, materials, supplies and /or
equipment used direct ly or indirectly by the Contractor in the prosecution of
the Work.
Substantial Completion: Substantial Completion of a Project is the date on
which the Owner cert if ies that the construction is sufficiently completed, in
accordance with the Contract Documents, as modified by any Change Orders, so
that the Owner can occupy the Project for the use for which i t was intended. A
certif icate shall be issued to the Contractor by the Owner upon achievement of
Substantial Completion.
Surety: The bonding company or companies furnishing the bonds required of a
Bidder and of the Contractor.
Technical Specifications: The general term comprising all the writ ten
directions, provisions and requirements contained herein, enti t led "Technical
Specifications," those portions of standard specifications to which reference is
specifically made in the Technical Specifications, and any Addenda, Work
Orders and Change Orders that may be issued for the Contract , al l describing
the work required to be per formed, including detailed technical requirements as
to labor, materials, supplies and equipment and standards to which such work is
to be performed as well as any reports specifically issued with the Bid
Documents and specifically identified in the Instruction s to Bidders which may
include geotechnical or other technical reports.
Temporary Construction Easement Line: A boundary which describes addit ional
areas which may be made temporarily available for construction operations.
Time Contingency: The maximum time specifically identified in the Contract
Documents by which the Owner may extend the contract t ime to accomplish the
work without a change order. Limitations on the use of the t ime contingency
are set forth in the Contract Documents.
Unit Prices: Unit prices shall include all labor, materials, tools, and equipment;
al l other direct and indirect costs necessary to complete the i tem of Work and
to coordinate the unit price Work with adjacent work; and shall include all
CONTRACT 9 BID SETCONTRACT 9 BID SET9 BID SETCONTRACT 9
S-898 130S-898 130
overhead and profit . Contractor sha ll accept compensation computed in
accordance with the unit prices as full compensation for furnishing such Work.
Work: The construction and services required by the Contract Documents,
which includes all labor, materials, equipment, and services to be p rovided by
the Contractor to fulfi l l the Contractor 's dut ies and obligations imposed by the
Contract Documents or, if not specifically imposed by the Contract Documents,
which can be reasonably assumed as necessary to fulfi l l the intent of the
Contract Documents to provide a complete , fully functional and satisfactory
project .
Work Order: A writ ten order, authorized by the Architect/Engineer or Owner,
directing the Contractor to perform work under a specific Allowance Account
or directing the Contractor to perform a change in the Work that does not have
a monetary impact, including but not l imited to, extending the Contract Time or
subject to the to payment of Liquidated Indirect Costs if enti t lement is
established as required by these Contract Documents. No Work Order may
increase the Contract Sum.
END OF ARTICLE
CONTRACT 10 BID SETCONTRACT 10 BID SET10 BID SETCONTRACT 10
S-898 131S-898 131
2. INTERPRETATION ( Ju n e 1 2 , 2 0 1 2 )
A. The intent of the Contract is to include all necessary i tems for the proper
completion of the Work by the Contractor so the Owner may have a fully
functioning facil i ty and fully receive the benefits intended under the
Contract . The Contractor shall perform, without addi t ional
compensation, such incidental work as necessary to complete the Work
and fulfi l l the design intent, in accordance with the requiremen ts set
forth in the Contract Documents, so that i t will meet the requirements for
which the Project was intended, in a satisfactory and workmanlike
manner.
B. The Contract Documents and all referenced standards cited are essential
parts of the Contract requirements. A requirement occurring in one is as
binding as though occurring in all . The documents comprising the
Contract Documents are complementary and indicate the construction
and completion of the Work. Anything mentioned in the Contract
Documents and not shown on the Contract Drawings, or shown on the
Contract Drawings and not mentioned in the Contract Documents , shall
be of l ike effect as if shown or mentioned in both. The more str ingent
shall apply in the case of a conflict .
C. Site Inspections and Verif ication of Governing Dimensions: In executing
the contract , the Contractor represents that he has, prior to bid, visi ted
the si te, become famil iar with the conditions under which the work is to
be performed and correlated his personal observations with the
requirements of the Contract Documents or that he has chosen not to do
so, in the event that a mandatory si te visi t is not specified in the
Contract Documents. The Contractor accepts the responsibil i ty for all
errors in construction which could have been avoided by such
examination and the opportunity to seek t imely clarifications during the
bidding process. The Contractor, before commencing work, shall verify
all governing dimensions at the site, and shall examine all adjoining
work on which his work is in any way dependent for i ts conformance
with the intent of the Contract Documents and no disclaimer of
responsibil i ty for defective or non -conforming adjoining work will be
considered unless notice of same has been fi led by the Contractor, and
agreed to in writ ing by the Owner through the Architect/Engineer before
the Contractor begins any part of the Work. No disclaimer for defective
or non-conforming adjoining work that was clearly foreseeable to the
Contractor during a si te visi t (mandatory or non -mandatory) will be
considered by the Owner.
D. Errors, Inconsistencies and Omissions: The Contractor shall carefully
study and compare all drawings, Contract Documents and other
instructions; shall verify all f igures on the Contract Drawings before
laying out the Work; shall notify the Owner or Architect/Engineer of al l
errors, inconsistencies, or omissions which he may discover; and obtain
specific instructions in writ ing during the bidding process and prior to
submitt ing his Bid. The Contractor shall not take advantage of any
CONTRACT 11 BID SETCONTRACT 11 BID SET11 BID SETCONTRACT 11
S-898 132S-898 132
apparent error or omission which may be found in the Contract Drawings
or Contract Documents, and the Architect/Engineer shall be enti t led to
make such corrections therein and interpretations thereof as he may deem
necessary for the fulfi l lment of their intent. The Contractor shall be
responsible for al l errors in construction which could have been avoided
by such examination and notification, and shall correct , at his own
expense, al l work improperly priced, scheduled or con structed through
failure to notify the Owner or Architect/Engineer and to request specific
instructions.
E. Where "as indicated", "as detailed", or words of similar import are used,
i t shall be understood that the reference is made to the Contract
Documents unless stated otherwise.
F. References to Articles or Sections include sub -art icles or subsections
under the Article referenced.
G. Referenced Standards: Material and workmanship specified by the
number, symbol, or t i t le of a referenced standard shall comply with the
latest edit ion or revision thereof and amendments and supplements
thereto in effect on the date of the Invitation to Bid except where
otherwise expressly indicated. In case of a conflict between the Contract
Documents and the referenced standard, the Contract Documen ts shall
govern.
H. Order of Precedence of Contract Documents: Unless otherwise provided
for in the Special Provisions or required by law, the order of precedence
of the Contract Documents will be as follows:
1) Change Orders to the Contract
2) Notice to Proceed
3) Construction Contract
4) Addenda
5) Special Provisions
6) General Conditions
7) Technical Specifications
8) Contract Drawings
9) Referenced Codes and Standards
10) Guarantees
11) Instructions to Bidders
12) Invitation to Bid
13) Other documents
I. In case of differences between small and large scale drawings, the
drawings showing greater detail shall govern. Schedules on drawings
shall take precedence over conflict ing notations on drawings. In the
event of discrepancy between any scaled dimensions on drawings and the
figures writ ten thereon, the figures shal l govern over the scaled
dimensions unless otherwise indicated.
J . Explanations: Should i t appear that the Work to be done or any of the
matters relative thereto are not sufficiently detailed or explained in the
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S-898 133S-898 133
Contract Documents, the Contractor shall apply to the Owner or
Architect/Engineer in a t imely manner to al low sufficient t ime for such
further writ ten explanations as may be necessary and shall conform to
the explanation provided as part of the Contract . The Owner or
Architect/Engineer ’s decision shall be final .
K. Effect of Headings: The headings and t i t les to provisions in the Contract
Documents are descriptive only, and shall be deemed not to modify or
affect the rights and duties of part ies to this Contract .
L. No acceptance, order, measurement, payment, or cert if icate of or by the
Architect/Engineer and/or the Owner or i ts employees or agents shall
ei ther estop the Owner from assert ing any r ights or operate as a waiver
of any provision hereof or of any power or right herein reserved to th e
Owner or of any rights to damages herein provided.
M. Wherever the terms, "as directed", "ordered", "permitted", "designated",
"as approved", "approved equal", "or equal", "acceptable" and other
words of similar meaning which authorize an exercise of judgm ent are
used in the Contract Documents, such judgment shall be vested only in
the Architect/Engineer and/or the Owner and shall be final .
N. The Contractor shall make available at the job si te one copy of each
referenced standard and/or Contract Documents for the Contractor 's and
the Field Representative’s use during the t ime that work covered by the
standards and/or Contract Documents is underway.
O. The Contract Documents provide for a complete work and may have been
prepared in divisions of various crafts, tra des and other categories of
work. The Contractor is responsible for the performance of al l work
under the Contract regardless of any such divisions and shall ensure that
al l of the work is performed and completed. The organization of the
Contract Documents into divisions, sections and art icles and the
arrangement of the drawings do not restrict or l imit the Contractor into
dividing the Work among subcontractors or in establishing the extent of
the Work to be performed by any trade.
P. No deviation from the approved Contract Documents shall be permitted
without the prior writ ten approval of the Owner, which approved
deviation shall be documented either by Change order or Work Order.
Q. All Requests for Information by the Contractor per this section shall be
in accordance with the Contract Documents.
END OF ARTICLE
CONTRACT 13 BID SETCONTRACT 13 BID SET13 BID SETCONTRACT 13
S-898 134S-898 134
3. ARCHITECT/ENGINEER/FIELD REPRESENTATIVE ( Ju n e 1 2 , 2 0 1 2 )
A. The Architect/Engineer shall respond to questions which may arise as to
the quali ty and acceptabil i ty of materials furnished, work performed, and
as to the manner of performance and rate of progress of the work in
accordance with the t ime frames prescribed in the Contract Documents.
The Architect/Engineer shall decide all questions which may arise as to
the interpretation of the Contract Docume nts relating to the Work, and
the fulfi l lment of the Contract on the part of the Contractor, and those
decisions shall be binding on the Contractor
B. The Architect/Engineer is not authorized to revoke, al ter, or waive any
requirement of the Contract .
C. The Architect/Engineer, Owner or Field Representative shall have free
access to the Work and materials at al l t imes to facil i tate the
performance of his dut ies.
D. Subject to concurrence by the Owner, the Architect/Engineer shall have
the right to observe and reject any material or work performed which
does not meet the requirements of the Contract Documents. When the
Architect/Engineer discovers any work in progress or completed that
does not meet the requirements of the Contract Documents, the Archi -
tect/Engineer shall reject that portion of the Work affected and shall
confirm such rejection in writ ing, as soon as practical , detail ing the
reasons for the rejection. Work rejected by the Architect/Engineer will
not be paid for. Any such observation and/or rejectio n shall not be
construed as undertaking supervisory control of the Work or of means
and methods employed by the Contractor or his Subcontractors and shall
not relieve the Contractor of any of his responsibil i t ies or obligations
under the Contract . The Cont ractor shall not request or at tempt to require
the Architect/Engineer to undertake such supervisory control or to
administer, supervise, inspect, assist , or act in any manner so as to
relieve the Contractor from such responsibil i t ies or obligations.
E. The fact that the Architect/Engineer has not made early discovery of
materials furnished or work performed which does not meet the require -
ments of the Contract Documents, shall not bar the Architect/Engineer
from subsequently rejecting said materials or work.
F. If ei ther the Architect/Engineer or the Field Representative requests i t ,
the Contractor, at any t ime before acceptance of the work, shall remove
or uncover such portions of the finished work as may be directed. After
examination, the Contractor shall res tore said portions of the work to the
standard required by the Contract Documents. Should the work thus
exposed or examined prove acceptable, the uncovering, or removing, and
the replacing of the covering or making good of the parts removed will
be paid for as Extra Work. Should the work so exposed or examined
prove unacceptable, the uncovering, or removing, and the replacing of
the covering or making good of the par ts removed will be at no
addit ional cost to the Owner.
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S-898 135S-898 135
G. Any work done or materials used which are not in compliance with the
Contract Documents may be ordered removed and replaced at the
Contractor 's expense.
H. The Owner and other agencies having jurisdiction over the work
hereunder shall be afforded free access to the si te to perform such
inspections and tests as may be required to determine conformance of the
Work with the Contract Documents.
I. Neither the Architect /Engineer nor the Field Representative shall be
responsible for any safety obligations imposed on the Contractor by
applicable industry standards, l icensing requirements, laws or regulatory
requirements.
END OF ARTICLE
CONTRACT 15 BID SETCONTRACT 15 BID SET15 BID SETCONTRACT 15
S-898 136S-898 136
4. OWNER ( Ju n e 1 2 , 2 0 1 2 )
A. Unless otherwise specified or excluded elsewhere in the Contract
Documents, the records of borings, test excavations and other subsurface
investigations, if any, are offered as information only and solely for the
convenience of the Contractor. The Owner does not warrant or guarantee
either that said records are complete or that the said records will
disclose the actual subsurface conditions. T he interpretation of the
records and the conclusions drawn therefrom as to the actual exist ing
subsurface conditions are the sole responsibi l i ty of the Contractor.
B. Any estimates of quanti t ies of work or materials, based on said borings,
test excavations and other subsurface investigations are not warranted by
the Owner to indicate the true quanti ties or distribution of quanti t ies
unless the Contractor is expressly directed to rely on such information to
prepare and submit his Bid.
C. If the Contractor is no tified by the Owner to correct defective or
nonconforming work, and the Contractor fails to promptly proceed with
corrective action in a reasonable t ime, the Owner may, upon writ ten
notice, accomplish the redesign, repair , rework or replacement of
nonconforming work by the most expedit ious means available and
backcharge the Contractor for the cost incurred. The cost of backcharge
work shall include all reasonable costs associated with the corrective
action.
D. The Owner shall separately invoice or deduct from payments , otherwise
due to the Contractor, the costs as provided herein. The Owner’s r ight to
backcharge is in addit ion to any or all other r ights and remedies provided
in this Contract , or by law. The performance of backcharge work, on
behalf of the Owner, shall not relieve the Contractor of any of i ts
responsibil i t ies under this Contract including but not l imited to express
or implied warranties, specified standards for quali ty, contractual
l iabil i t ies and indemnifications, and the Contract Time.
E. The Field Representative and/or Architect/Engineer will administer the
Contract and the orders of the Owner are to be given through the Field
Representative and/or Architect/Engineer. The Field Representative
and/or Architect/Engineer shall determine the amoun t and quali ty of the
several kinds of work performed and materials furnished which are to be
paid for under the Contract .
F. The Field Representative will observe the Contractor 's work for
compliance with the Contract Documents. Such observation shall extend
to all or any part of the work done and to the preparation, fabrication, or
manufacture of the material to be used.
G. Upon discovery, the Field Representative shall call the Contractor 's
at tention to faulty workmanship or defective materials and shall rejec t
work and materials not conforming to the requirements of the Contract
Documents.
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S-898 137S-898 137
H. When any work in progress or completed does not meet the requirements
of the Contract Documents, the Field Representative shall have the
authority to order the Contractor to shut down that portion of the work
affected unti l the affected work is corrected to the satisfaction of the
Field Representative. The Field Representative shall confirm this order
in writ ing as soon as practicable, detail ing the reasons for the shutdown.
Work performed in violation of the Field Representative 's order to
shutdown will not be accepted or paid for.
I. The Field Representative is not authorized to revoke, al ter, or waive any
requirements of the Contract . The Field Representative will negotiate
and act on behalf of the Owner to the authorized l imits of his authority
as specified in the Contract Documents.
J . Whenever the Contractor intends to build, assemble or perform any
portions of the Work away from the si te, the Contractor shall promptly
notify the Field Representative of such intentions, including where and
when such work is to be performed, before such work starts. The
Contractor shall also make arrangements for access thereto by the Field
Representative and/or the Architect/Engineer so that t he aforement ioned
portions of the Work may be inspected as needed.
K. The fact that the Field Representative has not made early discovery of
materials furnished or work performed which does not meet the require -
ments of the Contract Documents, shall not bar the Field Representative
from subsequently rejecting said materials or work and does not relieve
the Contractor of his responsibil i ty to meet the requirements of the
Contract Documents.
L. The Field Representative shall not act as a foreman or perform other
duties for the Contractor, nor interfere with the management of the work
by the Contractor.
M. The administration, observation of the work, and actions by the Field
Representative, as herein provided, shall not be construed as under taking
supervisory control of the construction work or of means and methods
employed by the Contractor or his Subcontractors and shall not relieve
the Contractor from any of his responsibil i t ies or obligations under the
Contract; the Contractor shall not request or at tempt to requi re the Field
Representative to undertake such supervisory control or to administer, to
supervise, to inspect , to assist , or to act in any manner so as to relieve
the Contractor from such responsibil i t ies or obligations.
N. The Field Representative shall decide all questions relating to the rights
of different prime Contractors on the Project or si te.
O. All materials and each part or detail of the work shall be subject to
observation by the Field Representative and/or the Architect/Engineer.
The Architect/Engineer and the Field Representative shall be allowed
access to all parts of the work and shall be furnished with such
information and assistance by the Contractor as is required.
P. Miami-Dade County enters into this Contract solely in i ts proprietary
capacity. Nothing in this Contract is intended to bind or otherwise
restrict the discretion of Miami -Dade County acting in i ts regulatory
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capacity, including but not l imited to the regulatory acts of the
Departments of Regulatory and Economic Resources (RER) , Public
Works and Waste Management (PWWM), Fire -Rescue (MDFRD) and
Water & Sewer (WASD) or their successors.
END OF ARTICLE
CONTRACT 18 BID SETCONTRACT 18 BID SET18 BID SETCONTRACT 18
S-898 139S-898 139
5. CONTRACTOR ( Ju n e 1 2 , 2 0 1 2 )
A. If the Contractor hereunder is comprised of more than one legal enti ty,
each such enti ty shall be join tly and severally l iable hereunder.
B. The Contractor shall hold valid current cer t if i cate(s) of competency for
the type of work to be per formed, in accordance with the qualifi cations
requirements as set forth in Chapter 489 of the Florida Statutes and
Chapter 10 of the Code of Miami - Dade County.
C. The Contractor shall maintain within Miami -Dade County, Florida, a
duly authorized agent to accept service of legal process on i ts behalf ,
and shall keep the Owner advised of such agent 's name and address,
during the duration of the Contract , and for three years after f inal
payment or as long as Contractor has warranty obligations under these
Contract Documents, whichever period terminates later. The Contractor
shall complete the form ti t led “Contractor Agent to Accept Service”
included in the Contract Documents and submit i t to the
Architect/Engineer prior to NTP.
D. The Contractor shall be responsible for the complete performance for al l
of the work under the Contract , and for the methods, means, and
equipment used in performing the Contract and for al l materials, tools,
apparatus and property of every description used in connection
therewith.
E. Upon approval of the Contractor’s schedule by the Owner, the Contractor
will submit writ ten confirmation from all his Subc ontractors agreeing to
work within the t imeframes specified in the Contractor’s approved
schedule.
F. Contractor’s Superintendent: The Contractor shall provide a
superintendent at the si te at al l times who is competent in the type of
work being performed to act as the Contractor’s agent, and shall give
that superintendent the full authority to receive instruction from the
Field Representative or Architect/Engineer and to execute the order or
directions of the Field Representative or Architect/Engineer, includi ng
the prompt supply of al l materials, tools, equipment, labor, and
incidentals that may be required. The Contractor shall furnish such
superintendence regardless of the amount of work that is subcontracted,
and the superintendent shall read, speak, write and understand English.
The Contractor shall also maintain at least one other employee on the
work si te during Project working hours who speaks and understands
English. This superintendent shall be responsible for keeping writ ten
daily logs of the work on the project .
G. The competency of the superintendent shall be demonstrated through
l icensure or cert if ication in contracting, engineering, trade or experience
as applicable to the work being performed. Proof of l icensure,
cert if ication or qualification of the superintendent must be provided to
the Owner at the pre -construction conference and is subject to the
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approval of the Architect/Engineer or Field Representative after
Contractor receipt of said requirements.
H. In the event that the Field Representative or Architect/Engineer
determines, through the course of the actual work progress , that the
superintendent lacks the knowledge or exper tise necessary to execute the
work in an efficient and competent manner, in keeping with all current
codes and best practices , the Field Representative or Architect/Engineer
shall notify the Contractor in writ ing and the superintendent shall be
replaced by the Contractor with a person acceptable to the Field
Representative or Architect/Engineer within five (5) working days.
I. The Contractor’s failure to replace the superintendent in the t ime
allotted shall be cause for the Owner to suspend work with such delays
chargeable to the Contractor as Liquidated Damages as specified
elsewhere in this contract .
J . The Contractor shall maintain a daily accounting of his daily manpower,
by trade and posit ion, and provide this information to the Field
Representative on a weekly basis.
END OF ARTICLE
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6. SUBCONTRACTORS ( Ju n e 1 2 , 2 0 1 2 )
A. The Contractor will be permitted to subcontract portions of the Work to
competent Subcontractors. Such Subcontractors shall hold valid current
cert if icate(s) of competency for the type of work to be per formed, in
accordance with the qualifi cations requirements as set forth in the
Florida Statutes and the Code o f Miami- Dade County.
B. Nothing contained herein shall create any contractual relationship
between the Owner and any level of Subcontractor, materialman or
supplier.
C. All work performed for the Contractor by a Subcontractor shall be
pursuant to an appropriate agreement between the Contractor and the
Subcontractor which shall contain provisions that:
1) Preserve and protect the rights of the Owner and any of i ts authorized
representatives under the Contract , including but not l imited to, the
Architect/Engineer and Field Representative, with respect to the
Work to be performed under the subcontract so that the
subcontracting thereof will not prejudice such rights;
2) Require that such Work be performed in accordance with the
requirements of the Contract Documents in cluding the Contractor’s
approved schedule;
3) Require submission to the Contractor of applications for payment
under each subcontract to which the Contractor is a part , in
reasonable t ime to enable the Contractor to apply for payment in
accordance with any and all payment provisions of the Contract
Documents;
4) Require that al l claims for addit ional costs, extensions of t ime,
damages for delays or otherwise with respect to subcon tracted
portions of the Work shall be submitted to the Contractor (via any
Subcontractor or Sub-subcontractor or Supplier where appropriate) in
sufficient t ime so that the Contractor may comply in the manner
provided in the Contract Documents for l ike claims by the Contractor
upon the Owner;
5) Require specific consent to all relevant provisions of the Contract
Documents; and
6) Incorporate all f low-down clauses specifically called for in the
Contract , as directed.
D. Contractor Participation: The Contractor shall perform not less than 25
percent of the Work, not inclusive of mater ials purcha sed, with his own
organization. If the Contractor is a joint venture, the requirement shall
be satisfied by any one, or a combination of any of the joint venture
partners. Where a percentage of a Bid Item is subcontracted, the dollar
value of that percentage subcontracted will be based on the estimated
cost of such Bid Item, determined from information submitted by the
Contractor, subject to approval by the Owner. The materials produced
by other than the Contractor 's forces shall be considered as being
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subcontracted. If , during the progress of the Work, the Contractor
requests a reduction in such participation percentage, and the Owner
determines that , due to the special nature of the conditions of the Work
at the t ime, i t would be to the Owner 's advantage, the percentage of the
Work required to be performed by the Contractor may be reduced,
provided writ ten approval of such reduction is obtained by the
Contractor from the Owner. The Contractor shall not proceed with any
such reductions unti l his request i s approved in writ ing by the Owner or
his authorized designee. Under no circumstances shall less than ten
percent (10%) of the Work be performed with the Contractor 's own
forces.
E. Work Performed by Equipment -Rental Agreement:
1) The amount of work performed under equipment rental agreements
shall not be considered Subcontractor work. However, for work to be
performed by equipment-rental agreement, the Contractor shall notify
the Architect/Engineer in writ ing of such intention before using the
rented equipment , and shall indicate whether the equipment is being
rented on an operated or non -operated basis. The Contractor 's writ ten
notice shall contain a l ist ing and description of the equipment and a
description of the particular work to be performed with such
equipment. As an exception to the above requirements for a wri t ten
notice to the Architect/Engineer, such notice will not be required for
equipment to be rented (without operators) from an equipment dealer
or from a firm whose principal business is the rentin g or leasing of
equipment.
2) The operators of rented equipment, whether rented on an operated or
a non-operated basis, will be subject to wage rate requirements
applicable to the Project . If equipment is being rented without
operators, the Contractor shall be required to carry the operators on
his own payroll . When equipment is rented on an operated basis, the
Contractor, when required by the Contract or requested by the
Architect/Engineer, shall submit payrolls from the lessor with the
names of the operators shown thereon.
F. No work is to be performed at the Work si te unti l the Contractor is in
compliance with the Insurance Specifications, has furnished satisfactory
evidence of required insurance to the Owner and obtained all required
permits.
G. Approval of Subcontractor:
1) Prior to entering into any subcontract for Work to be performed on
the Project , the Contractor shall secure the approval of the Owner
regarding the prospect ive subcontractor’s qualifications, employment
data and compliance with CSBE program requi rements. The forms
used to provide the required information shall be the same as those
included in the Forms for Bidding. The Owner will review the
submittal from each Subcontractor, and will furnish writ ten
notification to the Contractor concerning approval of the award of the
subcontract . If the Owner objects to the proposed award or fails to
respond to the Contractor within five (5) business days of the
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S-898 143S-898 143
complete submittal of the required information, the Contractor may
furnish writ ten notice of another subcontractor for consideration. The
Owner may, at i ts discretion, waive or reduce subcontractor
information submittal requirements as i t deems appropriate.
2) In accordance with Ordinance 97 -104, codified in Miami -Dade
County Code Sections 2 -8.1 and 10-33.01, the Contractor shall not,
without writ ten consent of the Owner, ei ther replace any
subcontractor or permit any such subcontract to be assigned or
transferred, or al low that portion of the Work to be performed by
anyone other than the approved subcontracto r, except he may perform
the work himself with qualified personnel upon writ ten notice to the
Owner in accordance with applicable law.
END OF ARTICLE
CONTRACT 23 BID SETCONTRACT 23 BID SET23 BID SETCONTRACT 23
S-898 144S-898 144
7. PROSECUTION OF THE WORK (June 12, 2012)
A. Workmanship and Unauthorized Work
1) Work under this Contract shall be performed in a skil lful and
workmanlike manner. Unless otherwise indicated in the Contract
Documents, the Contractor shall be solely responsible for means and
methods and for the coordination of all trades through completion of the
Work and without damage to the exist ing or newly installed components
and surfaces. The Architect/Engineer or Field Representative may, in
writ ing, require the Contractor to remove from the work any employee
the Architect/Engineer or Field Representative determines inc ompetent,
careless or otherwise objectionable. Such request shall be at no cost to
the Owner.
2) Unauthorized Work: Work performed beyond the l ines and grades shown
on the Contract Drawings and approved Shop Drawings or established by
the Owner, and Extra Work done without a Work Order or Change Order,
will be unauthorized work and the Contractor will receive no
compensation therefor. If required by the Owner, unauthorized work
shall be remedied, removed or replaced by the Contractor at the
Contractor 's expense. Upon failure of the Contractor to remedy, remove
or replace unauthorized work, the Owner may at i ts discretion, remedy,
remove or replace the unauthorized work and the Contractor shall bear
the responsibil i ty for any and all costs and for delays result ing from such
work.
3) The entire work and each part thereof, unless otherwise specified in the
Contract Documents, shall be placed at the location, elevation, grade and
gradient specified, and in proper alignment and adjust ment. The
Contractor shall provide all frames, forms, falsework, shoring, guides,
anchors and temporary structures required to ensure these results.
4) No deviation from the approved Contract Documents shall be permitted
without the prior writ ten approval of the Architect/Engineer and/or
Owner, by Work Order or Change Order, which approved deviation(s)
shall be documented to the extent required by the Contract Documents.
5) The Contractor shall , at al l times, employ sufficient labor and equipment
for prosecuting the work to full completion in t he manner and t ime
required by the Contract Documents. All workers shall have sufficient
skil l and experience to properly perform the work assigned to them.
Workers engaged in special work or skil led work shall have sufficient
experience in such work and in the operation of the equipment required
to perform the work satisfactori ly.
6) All proposed equipment shall be of sufficient size and in such
mechanical condition as to meet requirements of the work, producing a
satisfactory quali ty of work. Equipment us ed on any portion of the work
shall be such that no damage to previously completed work, adjacent
property, or exist ing facil i t ies will result from its use.
7) When the Contract Documents specify the use of certain methods and
equipment, such methods and equipment shall be used unless others are
CONTRACT 24 BID SETCONTRACT 24 BID SET24 BID SETCONTRACT 24
S-898 145S-898 145
authorized in writ ing by the Architect/Engineer by Work Order or
Change Order . If the Contractor desires to use a method or type of
equipment other than specified in the Contract , he may request
permission from the Architect/Engineer to do so. The request shall be in
writ ing and shall include a full description of the methods and equipment
proposed and of the reasons for desiring to make the change. If approval
is given, i t will be on the condition that the Contractor w ill be fully
responsible for producing work in conformity with Contract
requirements. If , after tr ial use of the substi tuted methods or equipment,
the Architect/Engineer determines that the work produced does not meet
Contract requirements , the Contractor shall discontinue the use of the
substi tute method or equipment and shall complete the remaining work
with the specified methods and equipment. The Contractor shall remove
any deficient work and replace i t with work of specified quali ty, or take
such other corrective action as the Architect/Engineer may direct , at no
addit ional cost to the Owner. No change will be made to the Contract
price or the Contract Time as a result of authorizing a change in methods
or equipment under this art icle.
8) The Contractor shall give constant at tention to the work to facil i tate the
progress thereof, and he shall cooperate with the Architect/Engineer and
i ts Field Representatives and with other Contractors in every way
possible.
9) The Contractor warrants to the Owner that al l ma terials and equipment
furnished under this Contract will be new unless otherwise specified, and
that the work will be of good quali ty, free from faults and defects in
materials and workmanship for a period of one year from the date of
Substantial Completion, unless otherwise required under this Contract .
Work not conforming to these standards may be considered defect ive. If
required by the Archi tect/Engineer, the Contractor shall furnish
satisfactory evidence as to the kind and quali ty of materials and
equipment.
B. Material
1) Unless otherwise indicated in the Contract Documents, equipment ,
material and products incorporated in the Work covered by this Contract
shall be new and of the grade specified for the purpose intended. Unless
otherwise specifically indicated, reference to equipment, material ,
product, or patented process by trade name, make, or catalog number,
shall be regarded as establishing a standard of quali ty and shall not be
construed as l imiting competit ion. The Contractor may, at his option
and, subject to the approval of the Architect/Engineer, use any
equipment, material , art icle, or process which is equivalent to that
named, subject to the requirements of these Contract Documents or
propose a substi tute equipment, material , art icle or process as indicated
below. The Contractor shall at al l t imes comply with established Green
Building or LEED standards, if applicable, and as established in the
Contract Documents. Proposed alternative equipment, material ,
products, or patented processes shall be considered equivalent if the
Architect/Engineer determines that the proposed alternative is
functionally equal to and/or sufficiently similar to that specified in the
Contract Documents.
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S-898 146S-898 146
2) The Architect/Engineer shall be the sole judge of the quali ty, su itabil i ty
and cost of the proposed alternative equipment, material , art icle or
process. A proposed alternative shall be considered equivalent and/or
functionally equal to that specified in the Contract Documents if , in the
exercise of reasonable judgment, the Architect/Engineer determines that
the proposed alternative is at least equal in materials of construction,
quali ty, durabil i ty, appearance, strength and design characterist ics, will
rel iably perform at least equally well the function and achieve the results
imposed by the design concept and has a proven record of performance
and availabil i ty.
3) If the Architect/Engineer determines that a proposed alternative does not
qualify as equivalent or functionally equal, the alternative may be
proposed for consideration as a substi tute subject to the Contractor
submitt ing sufficient information as provided below to allow the
Architect/Engineer to determine that the proposed alternative is
essentially equivalent to or better than the specified i tem and is an
acceptable substi tute for that said specified i tem.
4) The burden of proving the quali ty, suitabil i ty and cost of an alternative
shall be borne by the Contractor. All information required by the
Architect/Engineer in judging an alternative shall be supplied b y the
Contractor at the Contractor 's expense. The Architect/Engineer’s costs in
evaluating a proposed alternative, irrespective of i ts acceptance, will be
reimbursed by the Contractor to the Owner. In the case of approved
alternatives, the Contractor shal l also reimburse the Owner for the
Architect/Engineer’s costs to revise the Contract Documents.
5) The Contractor cert if ies that , if approved and incorporated into the
Work, there will be no increase in cost to the Owner or in Contract Time
and the proposed alternative shall conform substantially to the detailed
requirements of the i tem specified in the Contract Documents.
a. Where use of an alternative material involves redesign of or changes
to other parts of the Work, the cost and the t ime required to affect
such redesign or change will be considered in evaluating the
suitabil i ty of the alternative material . All costs pertaining to redesign
and changes in other parts of the Work, including remedial work to
completed work, shall be at the Contractor 's expense.
b. No action relating to the approval of al ternative materials will be
taken unti l the request for approval of the alternative materials is
made in writ ing by the Contractor accompanied by complete data as
to the quali ty, suitabi l i ty and cost of the materials proposed. Such
request shall be made at least 60 days before the early start date of
the activity. Any delays in receiving approval shall be the
responsibil i ty of the Contractor.
c. The Architect/Engineer will examine and review the proposed
alternative with the Owner and return i t , within twenty -one (21)
calendar days from the date of i ts receipt at the Architect/Engineer 's
office, to the Contractor noted with the final decision. If the f inal
decision approves either an equal or a substi tution, the approval must
also contain the Owner’s writ ten approval. When requested by the
CONTRACT 26 BID SETCONTRACT 26 BID SET26 BID SETCONTRACT 26
S-898 147S-898 147
Architect/Engineer, the Contractor shall resubmit such Shop
Drawings, descriptive data and samples as may be required.
d. Where classification, rating, or other cert if ication by a body su ch as,
but not l imited to, Underwriters’ Laboratories Inc. (UL), National
Electrical Manufacturer’s Association (NEMA), or American Rai lway
Engineering Association (AREA) is a part of the specification for any
material , proposals for use of al ternative mat erials shall be
accompanied by reports from the l isted body, or equivalent
independent testing laboratory, indicating compliance with Contract
Documents requirements. Testing required proving equali ty of the
material proposed shal l be at the Contractors ex pense.
e. Approval of an alternative material will be only for the
characterist ics and use named in such approval, and shall not change
or modify any Contract requirement, or establish approval for the
material to be used on any other Project for the Owner.
6) Source of Supply and Quality of Materials: The Contractor shall furnish
all materials and products required to complete the Work except those
designated to be furnished by the Owner.
a. Notwithstanding prior inspection and approval by the
Architect/Engineer, only materials conforming to the requirements of
the Contract Documents shall be incorporated in the Work.
b. The materials shall be manufactured, handled and incorporated so as
to ensure completed work in accordance with the Contract
Documents.
7) Defective Materials: Contractor -furnished materials not conforming to
the requirements of the Contract Documents will be rejected, whether in
place or not. Rejected material shall be removed immediately from the
Work si te. No rejected material , the defects of which hav e been
subsequently corrected, shall be used in the Work. The Owner may cause
the removal and replacement of rejected material and the cost thereof
will be deducted from any monies due or to become due to the
Contractor.
8) Handling of Materials: Materials shall be transported, handled and stored
by the Contractor in a manner which will ensure the preservation of their
quali ty, appearance and fi tness for the Work. Materials shall be stored in
a manner to facil i tate inspection.
9) The Owner will have no responsibi l i ty to the Contractor concerning local
material sources.
a. The Contractor shall make all necessary arrangements with the
owners of material sources. The Contractor shall pay all costs in
connection with making such arrangements, exploring, developing
and using material sources, whether or not indicated, except such
costs as the Owner expressly agrees in writ ing to assume.
10) Disposal of Material Outside the Work Site: Unless otherwise specified
in the Contract Documents, the Contractor shall make his own
arrangements for properly disposing of waste and excess materials
outside the Work Site and he shall pay all costs therefore. Contractor
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S-898 148S-898 148
shall comply with all local , state and federal requirements when
disposing of waste and excess materials.
a. Prior to disposing of material outside the Work Site, the Contractor
shall obtain writ ten permission from the owner on whose property the
disposal is to be made. The Contractor shall f i le with the
Architect/Engineer said permit , or a cert if ied copy thereof, together
with a writ ten release from the property owner absolving the Owner
from any and all responsibil i ty in connect ion with the disposal of
material on said property.
11) Property Rights in Materials: The Contractor shall have no property right
in materials after they have been attached or affixed to the Work or the
soil , or after payment has been made by the Owner to the Contractor for
materials delivered to the si te of the Work, or stored subject to or under
the control of the Owner, as provided in these Contract Document s.
However , the Contractor shall be responsible for the security of the
material on-site unti l Final Acceptance by the Owner.
C. Methods of Sampling and Testing
1) Sampling and testing of al l materials shall be as set forth in the Contract
Documents. Except for quali ty control test ing and any other testing that
may be the direct responsibil i ty of the Contractor as set forth in the
Contract Documents , the testing of samples and materials will be made at
the expense of the Owner by the project test ing laboratory. The
Contractor shall furnish the required samples without charge. Any and
all fees for non-conforming materials or work shall be solely borne by
the Contractor. The Contractor shall give sufficient notifi cation to the
Field Representative of the placing of orders for or receipt of materials
to permit test ing.
2) The Field Representative may inspect, a t i ts source, any specified
material or assembly to be used in the Work. Manufacturing plants may
be inspected from time to t ime for the purpose of determini ng
compliance with specified manufacturing methods or materials to be used
in the Work and to obtain samples required for i ts acceptance of the
material or assembly
Should the Field Representative conduct plant inspections, the following
shall exist :
a. The Field Representat ive shall have the cooperation and assistance of
the Contractor and the producer with whom he has contracted for
materials.
b. The Field Representat ive shall have full entry at al l reasonable t imes
to such parts of the plant that concern the manufacture or production
of materials being furnished.
c. If required by the Field Representative, the Contractor shall arrange
for adequate office or working space that may be reasonably needed
for conducting plant inspections. Office or working space shoul d be
conveniently located with respect to the plant.
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S-898 149S-898 149
3 ) I t i s u n d e r s t o o d a n d a g r e e d t h a t t h e O w n e r s h a l l h a v e t h e r i g h t t o r e t e s t
a n y m a t e r i a l w h i c h h a s b e e n t e s t e d a n d a p p r o v e d a t t h e s o u r c e o f s u p p l y
a f t e r i t h a s b e e n d e l i v e r e d t o t h e s i t e . T h e F i e l d R e p r e s e n t a t i v e s h a l l
h a v e t h e r i g h t t o r e j e c t o n l y m a t e r i a l w h i c h , w h e n r e t e s t e d , d o e s n o t
m e e t t h e r e q u i r e m e n t s o f t h e C o n t r a c t D o c u m e n t s . I n s u c h a n e v e n t , t h e
c o s t o f r e - t e s t i n g s h a l l b e b o r n e b y t h e C o n t r a c t o r i f i t r e s u l t s i n a
r e j e c t e d m a t e r i a l .
4 ) A l l i n s p e c t i o n s a n d t e s t i n g o f m a t e r i a l s , a s s e m b l i e s a n d e q u i p m e n t w i l l
b e p e r f o r m e d i n M i a m i - D a d e C o u n t y . I f t h e C o n t r a c t o r ' s m a t e r i a l o r
m a n u f a c t u r i n g s o u r c e s a r e s u c h t h a t i n s p e c t i o n s o r t e s t s c a n n o t b e m a d e
i n M i a m i - D a d e C o u n t y , a l l t r a v e l i n g a n d l o d g i n g e x p e n s e s i n
c o n n e c t i o n s w i t h s u c h i n s p e c t i o n s a n d t e s t i n g s h a l l b e b o r n e b y t h e
C o n t r a c t o r .
D . M e e t i n g s
1 ) A p r e - c o n s t r u c t i o n c o n f e r e n c e w i l l b e h e l d p r i o r t o t h e i s s u a n c e o f t h e
N o t i c e t o P r o c e e d t o d i s c u s s t h e w o r k t o b e p e r f o r m e d u n d e r t h i s
c o n t r a c t . T h e C o n t r a c t o r a n d i t s m a j o r S u b c o n t r a c t o r s s h a l l b e r e q u i r e d
t o a t t e n d t h i s m e e t i n g . T h e C o n t r a c t o r w i l l b e a d v i s e d o f t h e t i m e , d a t e
a n d l o c a t i o n o f t h e m e e t i n g .
2 ) T h e C o n t r a c t o r s h a l l a t t e n d w e e k l y c o n s t r u c t i o n c o o r d i n a t i o n m e e t i n g s a t
a t i m e a n d p l a c e t o b e d e s i g n a t e d b y t h e A r c h i t e c t / E n g i n e e r . T h e s e
m e e t i n g s a r e i n t e n d e d t o d e t e r m i n e j o b p r o g r e s s , i d e n t i f y j o b p r o b l e m s ,
a s s i s t i n s o l v i n g a n d p r e v e n t i n g j o b p r o b l e m s , a n d p r o m o t e c o o r d i n a t i o n
w i t h a l l e n t i t i e s i n v o l v e d i n t h e C o n t r a c t a n d w i t h o t h e r O w n e r
C o n t r a c t o r s . T h e C o n t r a c t o r s h a l l c a u s e S u b c o n t r a c t o r s a n d s u p p l i e r s t o
a t t e n d a s h e d e e m s a d v i s a b l e , o r a s r e q u e s t e d b y t h e A r c h i t e c t / E n g i n e e r .
U n l e s s o t h e r w i s e p r o v i d e d f o r i n t h e s e C o n t r a c t D o c u m e n t s , t h e
C o n t r a c t o r s h a l l b e r e s p o n s i b l e f o r g e n e r a t i n g a n d d i s t r i b u t i n g m e e t i n g
m i n u t e s f o r a l l s u c h m e e t i n g s .
E . P e r m i t s a n d C o m p l i a n c e w i t h L a w s
1 ) U n l e s s o t h e r w i s e p r o v i d e d f o r i n t h e s e C o n t r a c t D o c u m e n t s , t h e
C o n t r a c t o r s h a l l b e r e s p o n s i b l e f o r o b t a i n i n g n e c e s s a r y l i c e n s e s a n d
p e r m i t s a n d f o r c o m p l y i n g w i t h a p p l i c a b l e F e d e r a l , S t a t e , C o u n t y a n d
M u n i c i p a l l a w s a n d l a t e s t c o d e s a n d r e g u l a t i o n s i n c o n n e c t i o n w i t h t h e
p r o s e c u t i o n o f t h e W o r k . ( F o r p a y m e n t o f p e r m i t ( s ) , s e e S p e c i a l
P r o v i s i o n s ) . N o t i m e e x t e n s i o n s w i l l b e a l l o w e d f o r d e l a y s i n o b t a i n i n g
t h e r e q u i r e d p e r m i t s u n l e s s r e v i s i o n s d i r e c t l y c a u s e d b y t h e O w n e r o r i t s
a g e n t s a r e r e q u i r e d t o t h e C o n t r a c t D r a w i n g s d u e t o c h a n g e s i n c o d e s ,
r e g u l a t i o n s a n d a p p l i c a b l e c o n t r a c t s t a n d a r d s d u r i n g t h e c o n t r a c t t e r m .
S e e S p e c i a l P r o v i s i o n s f o r a d d i t i o n a l p e r m i t r e q u i r e m e n t s .
2 ) T h e O w n e r w i l l n o t p a y o r r e i m b u r s e t h e C o n t r a c t o r f o r a n y p e n a l t i e s
r e l a t i n g t o h i s p e r m i t s o r f e e s a s a r e s u l t o f t h e C o n t r a c t o r ' s f a i l u r e t o
t i m e l y o b t a i n a l l h i s p e r m i t s , i n s p e c t i o n s , a p p r o v a l s , e t c .
3 ) T h e C o n t r a c t o r s h a l l o b s e r v e a n d c o m p l y w i t h a l l a p p l i c a b l e F e d e r a l ,
S t a t e , C o u n t y a n d o t h e r l a w s , c o d e s , o r d i n a n c e s , r u l e s a n d r e g u l a t i o n s o f
t h e F e d e r a l , S t a t e a n d C o u n t y g o v e r n m e n t s , a l l a u t h o r i t i e s h a v i n g
j u r i s d i c t i o n , a n d a n y a n d a l l p r o g r a m s d e v e l o p e d i n c o m p l i a n c e
t h e r e w i t h , i n a n y m a n n e r a f f e c t i n g t h e c o n d u c t o f t h e W o r k .
CONTRACT 29 BID SETCONTRACT 29 BID SET29 BID SETCONTRACT 29
S-898 150S-898 150
4) Dewatering of excavations shall be performed in accordance with the
applicable provisions of the Department of Environmental Resources
Management (DERM), Florida Department of Environmental Protection
(DEP), U.S. Environmental Protec tion Agency (USEPA) and the South
Florida Water Management District (SFWMD) Dewatering Permits
and/or any and all authorit ies having jurisdiction and any other
requirements specified in the Contract Documents. The means and
methods of dewatering shall be determined by the Contractor who shall
bear the full cost of same as part of the contract price.
5) All construction activit ies shall be subject to the pollution prevention
requirements established under the Nat ional Pollutant Discharge
Elimination System (NPDES) program under the Clean Water Act
regulating storm water discharge from construction si tes.
6) Upon completion of all of the work contemplated under the Contract
Documents, the Contractor shall obtain and deliver to the Field
Representative such Certif icate(s) of Occupancy or Certif icate(s) of
Completion as required by the Florida Building Code and/or authority
having jurisdiction.
7) The Contractor shall be subject to and comply with all the provisions of
Miami-Dade County Code Section 2 -8.4.1, which provides that ,
whenever any individual or corporation or other enti ty attempts to meet
i ts contractual obligations with the County through fraud,
misrepresentation or material misstatement, the County shall , whenever
practicable, terminate the Contract . The Con tractor is further directed to
Section 10-38 of the Miami -Dade County Code which provides for the
debarment of County contractors.
F. Coordination and Access
1) Other Contracts: The Owner may undertake or award other contracts for
addit ional work, and the Contractor shall fully cooperate and coordinate
with other Contractors and the Owner and carefully fi t his own work to
such addit ional work. The Contractor shall not perform any act which
will interfere with the performance of work by any other contractor or by
the Owner. The Contractor shall be responsible for obtaining all
necessary scheduling details from other Contractors and these requests
must be provided, in writ ing, to the Owner. The Architect/Engineer
shall have the authority to resolve conflicts relat ed to coordination
between Contractors.
2) In the event of interference between the work of the Contractor and other
contractors working concurrently at the Site, the Field Representative
will instruct the Contractor as to which work has priori ty in performan ce
and such instructions shall be binding upon the Contractor.
3) Utili ty companies, rai lroads, and municipal agencies having facil i t ies
within the l imits of the Work shall have access to their facil i t ies at al l
t imes for inspection and repair .
G. Rights in Land and Improvements
The Contractor shall make no arrangements with any person to permit
occupancy or use of any land, structure or building within the Work Site
for any purpose whatsoever , ei ther with or without compensation, in
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S-898 151S-898 151
conflict with any agreement between the Owner and any property owner,
former property owner or tenant of such land, structure or building. The
Contractor shall not occupy Owner -owned property outside the Work Site
without obtaining prior writ ten approval from the Owner .
H. Interference With Existing Util i t ies
1) Attention of the Contractor is specifically directed to the need for
careful control of al l aspects of his work to prevent damage to cables,
ducts, water mains, sewers, f ire mains, telephone cables, fuel l ines,
radar cables, and any other exist ing overhead or underground uti l i t ies
and structures.
2) Before commencing work in any given area, the Contractor shall
contact uti l i ty companies to identify any potential conflicts. Further,
the Contractor shall also carefully review the Plans, survey and
search the si te for uti l i ty locations, and determine possible uti l i ty
conflicts. All known above and underground uti l i t ies, including, but
not l imited to, electrical , telephone, communications, l ighting cables,
fuel l ines, sewer, drainage and wa ter pipes, and other exist ing
structures are shown on the Plans for reference purposes only, but no
guarantee is expressed or implied that the information is accurate. It
shall be the sole responsibil i ty of the Contractor to ascertain and/or
verify the location of any and all such uti l i t ies or structures using
magnetic and electronic detectors and by hand excavation or other
appropriate measures before performing any work that could result in
damage to such exist ing uti l i t ies or structures. The Contractor shall
make a thorough search of the particular location for underground
uti l i t ies or structures whether or not shown on the drawings, before
excavation work is commenced in any par ticular location. To this
end the Contractor shall provide and maintain thr oughout the term of
the Contract , electronic and magnetic detecting devices capable of
locating underground uti l i t ies or structures. The Contractor shall ,
after locating primary and cri t ical exist ing uti l i t ies, mark their
location with indelible material or other means satisfactory to the
Field Representative and maintain above ground physical
identification during the work.
3) In the event of damage to, or accidental disruption of uti l i t ies or
other facil i t ies as a result of the Contractor 's operations, the
Contractor shall take immediate steps to repair or replace all damage
and to restore all services. Further, the Contractor shall engage any
addit ional outside services which may be necessary to prosecute
repairs on a continuous "around the clock" basis un ti l services are
restored. The Contractor shall also provide and operate any
supplemental temporary services to maintain uninterrupted use of the
facil i t ies. All costs involved in making repairs and restor ing
disrupted service result ing from the Contract or 's work shall be borne
by the Contractor and the Contractor shall be fully responsible for
any and all claims result ing from the damage.
I. Protection of Existing Facil i t ies, Vegetation, Structures, Util i t ies and
Improvements
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S-898 152S-898 152
1) The Contractor shall preserve and protect exist ing vegetation such as
trees, shrubs, and grass on or adjacent to the work si te which are not
indicated to be removed and which do not unreasonably interfere with
the construction Work and he shall replace in kind the vegetat ion,
shrubs and grass damaged by him at his own expense.
2) The Contractor shall protect from damage all uti l i t ies, foundations,
walls or other parts of adjacent, abutt ing or overhead buildings,
rai lroads, bridges, structures, surface and subsurface structures at or
near the si te of the Work and shall repair or restore any damage to
such facil i t ies, except uti l i t ies, result ing from failure to comply with
the requirements of this Contract or the failure to exercise reasonable
care in the performance of the Work. If , af ter re ceipt of notification
from the Architect/Engineer, the Contractor fails to or refuses to
repair any such damage promptly, the Owner may have the necessary
Work performed and charge the cost thereof to the Contractor.
3) At points where the Contractor 's operat ions are adjacent to uti l i ty
facil i t ies, damage to which might result in expense, loss, disruption
of service or other undue inconvenience to the public or to the
owners, Work shall not be commenced unti l al l arrangements
necessary for the protection thereof have been made by the
Contractor. The Contractor shall be solely and directly responsible to
the owners and operators of such uti l i t ies for any damage, injury,
expense, loss , inconvenience, or delay, caused by the Contractor 's
operations.
a. Where public uti l i t ies or their appurtenances interfere with
permanent construction, unless otherwise specified, work involved
in permanently relocating or otherwise altering such public
uti l i t ies and their appurtenances will not be a part of this Contract
but will be done by ut i l i ty owners at no cost to the Contractor. If
the Contractor wishes to have uti l i t ies temporarily relocated, he
shall make necessary arrangements with uti l i ty owners and
reimburse them at his own expense for cost of the Work. The
Contractor shall keep the Architect/Engineer advised of temporary
relocation arrangements.
b. The Contractor shall not repair or at tempt to repair uti li ty damage
but shall immediately contact the uti l i ty owner. The Contractor
shall obtain the name, address and telephone numbe r of each
uti l i ty company that the work will affect and the person in such
uti l i ty company to contact . He shall submit to the
Architect/Engineer said names, addresses and telephone numbers.
4) The Contractor shall comply with the latest version of the Florida
Building Code or the Code under which the Contract Documents were
approved, whichever is applicable at the t ime the Work is performed.
5) In order to safeguard the owners and tenants of abutt ing property and
at the same time prevent unjust or fraudulent clai ms against the
Contractor the Government, State, the Owner and the
Architect/Engineer in respect thereto, the Contractor shall cause a
detailed examination of abutt ing property to be made before
construction is begun. The owner or tenant of each parcel or structure
CONTRACT 32 BID SETCONTRACT 32 BID SET32 BID SETCONTRACT 32
S-898 153S-898 153
or his or their duly authorized representative will be invited to be
present during the examination by a notice in writ ing delivered by the
Contractor to a person in charge of the premises or structure, or by
the mailing of the notice to the owner at the premises. The
Architect/Engineer will at tend while the Contractor makes the
detailed examination. A complete record including photographs of the
exist ing conditions of each parcel or structure shall be made in
tr iplicate, signed by the Contractor, Owner and the
Architect/Engineer and one copy will be delivered to the Owner, one
to the Architect/Engineer and one will be retained by the Contractor.
At such t ime as the Architect/Engineer may direct , or upon the fi l l ing
of the verified statement by the owner, tenant, lessee, operator or
occupant of the building structure, and in any event, upon the
completion of any work that in the opinion on the Architect/Engineer
might affect the abutt ing property, the Contractor will make another
detailed examination of such abutt ing property. A complete record of
the then exist ing conditions of said property will be made in
tr iplicate, signed by the Contractor and one copy will be delivered to
the Owner, one to the Architect/Engineer and one will be retained by
the Contractor. In any action, which may be brought by any owner,
tenant, lessee, operator or occupant of abutt ing property to recover
under the provisions of this article or any paragraph hereof, the
record of the exist ing conditions of each parcel will be pr ima facie
evidence of the condi tions thereof at the t ime of the making of the
examination.
6) The Contractor shall maintain access to fire hydrants and fire alarm
boxes throughout the prosecution of the Work. Hydrants, alarm boxes
and standpipe connections shall be kept clear and visible at al l t imes
unless approved otherwise. If visibil i ty cannot be maintained, the
Contractor shall provide clearly visible signs showing the location of
the fire hydrant, f ire alarm box or standpipe connection. The
Contractor shall promptly notify the authority having jurisdiction of
any impairment to any fire systems.
J . Damage to the Work and Responsibil i ty for Materials
1) The Contractor shall be responsible for materials delivered and work
performed unti l completion and Final Acc eptance of the entire
construction thereof, except those materials and work which may
have been accepted under the applicable sections of this article and
shall take all necessary steps to protect the Work, from all causes, at
his expense.
2) The Contractor shall bear the risk of injury, loss or damage to any
and all parts of the Work for whatever cause, whether arising from
the execution or from the non -execution of the Work, except as
provided for in this art icle. The Contractor shall rebuild, repair or
restore work and materials which have been damaged or destroyed
from any cause before Completion and Acceptance of the Work and
shall bear the expense thereof. The Contractor shall provide security
including, but not l imited to, security guards, temporary dr ainage
systems and erection of temporary structures and temporary fencing
as necessary to protect the Work and materials from damage.
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S-898 154S-898 154
3) The Contractor shall be responsible for materials not delivered to the
si te for which any progress payment has been made to the same extent
as if the materials were so delivered.
4) The Contractor 's responsibil i ty for material shall be the same for
Owner-furnished material , upon receipt of said material from the
Owner, under this Contract as for Contractor -furnished material .
5) Relief from Maintenance and Responsibil i ty: The Contractor may
request , in writ ing, from the Owner, that the Owner relieve the
Contractor of the duty of maintaining and protecting certain portions
of the Work, as described in this paragraph, which have bee n
completed in all respects in accordance with the requirements of the
Contract . Such action by the Owner will rel ieve the Contractor of
responsibil i ty for injury or damage to said completed portions of the
Work result ing from use by the Owner or the publ ic for any cause,
but not from injury or damage result ing from the Contractor 's own
operations or negligence. Portions of the Work for which the
Contractor may be relieved of the duty of maintenance and
protection, as provided in this paragraph, include th e following:
a. Early possession by the Owner of any portion of the Work, in
accordance with the Contract Documents.
b. This Paragraph 5 does not relieve the Contractor of responsibil i ty
for repairing or replacing defective work or materials in
accordance with the Contract requirements.
K. Emergencies
1) In an emergency affecting the safety of l ife, the Work, or adjacent
property, the Contractor shall notify the Field Representative and the
Architect/Engineer as early as possible that an emergency exists . In
the meant ime, without special instruction from the Architect/Engineer
as to the manner of dealing with the emergency, the Contractor shall
act at his own discretion to prevent such threatened loss or injury. As
emergency work proceeds, the Field Representative and the
Architect/Engineer may issue instructions, which the Contractor shall
follow. The compensation to which the Contractor is enti t led on
account of emergency work, if any, shall be l imited to emergencies
not caused by actions or inactions of the Contracto r determined in
accordance with the Contract Documents, where applicable.
2) For purposes of this art icle, an emergency is defined as an act or
event that has already occurred, not caused by actions or inactions of
the Contractor, which, if no immediate actio n is taken may affect the
safety of l ife, the work, or adjacent proper ty. This art icle does not
apply to steps taken by the Contractor to protect the Work, adjacent
structures, uti l i t ies, exist ing vegetation, etc . under other sections of
the Contract Documents. Furthermore, this art icle does not apply to
preparations the Contractor may make prior to storms or hurricanes or
other acts of God.
CONTRACT 34 BID SETCONTRACT 34 BID SET34 BID SETCONTRACT 34
S-898 155S-898 155
L. Accident Prevention
1) Contractor shall be solely responsible for init iat ing, maintaining and
supervising all safety precautions and programs in connection with
the Work. Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent
damage, injury or loss to:
a. All persons on the Site or who may be affected by the Wo rk;
b. All the Work and materials and equipment to be incorporated
therein, whether in storage on or off the Site; and other
property at the Site or adjacent thereto, including trees, shrubs
lawns, walks, pavements, roadways, structures, uti l i t ies, and
underground facil i t ies not designated for removal, relocation, or
replacement in the course of construction.
2) Contractor shall comply with all applicable laws and regulations
relating to the safety of persons or property, or to the protection of
persons or property from damage, injury, or loss and shall erect and
maintain all necessary safeguards for such safety and protection.
3) Upon notification from the Owner or i ts representative(s), the
Contractor shall promptly correct any deficiencies affecting the
safety and well being of the construction workers and the public that
have been identified by the notice.
4) Should a si tuation of imminent danger be identified, work in the
affected area must be suspended immediately unti l the condition has
been corrected. Imminent danger is defined as the exposure or
vulnerabil i ty to harm or risk that is impending or about to occur as
defined by the Field Representative or the Architect/Engineer. The
Contractor will not be enti t led to future claims alleging impacts
caused by the Owner s toppage of the Work due to safety reasons.
M. Warranty of Work
1) Except where longer periods of warranty are indicated for certain
i tems, the Contractor warrants the Work under the Contract to be free
from faulty materials and workmanship for a period of no t less than
one (1) year from the date of Substantial Completion. This one -year
period shall be covered by the Surety Performance Bond as specified
in this Contract , except that in the case of defects or failure in a part
of the work which the Owner takes possession of prior to Substantial
Completion, such a period shall commence on the date the Owner
takes possession. Upon receiving notification from the Owner or any
public body, to whom the ownership of the Work has been transferred
or who has agreed to maintain the Work, the Contractor shall
immediately remedy, repair , or replace, without cost to the Owner or
other notifying party and to the entire satisfaction of the notifying
party, defects, damages, or imperfections due to faulty materials or
workmanship appearing in said Work within said period of not less
than one year. Remedial work shall carry the same warranty as the
original work start ing with the date of acceptance of the replacement
or repair . Payment to the Contractor will not relieve him of any
obligation under the Contract .
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S-898 156S-898 156
2) The Contractor, at no addit ional expense to the Owner , shall also
remedy damage to equipment, the si te, or the buildings or the
contents thereof, which is the result of any failure or defect in the
Work, and restore any Work damaged in fulfi l l ing the requirements of
the Contract . Should the Contractor fail to remedy any such failure or
defect within ten (10) days after receipt of notice thereof, the Owner
will have the right to replace, repair , or otherwise remedy such
fai lure or defect and deduct al l costs from the Contractor’s pay
request or Payment and Performance Bond i f f inal payment has been
made.
3) The Contractor will correct al l latent defects discovered within ten
(10) years after Substantial Completion provided that the Owner shall
notify the Contractor of each latent defect within the t ime specif ied
by law. The Contractor, without prejudice to the terms of the
Contract , shall be l iable to the Owner for al l damages sustained by
the Owner result ing from latent defects , fraud, or such gross mistakes
as may amount to fraud, discovered after the stated guarantee and
warranty periods have expired. If the Contractor fails to act within
ten (10) days, the Owner reserves the right to have the work
performed by others at the expense of the Contractor, and the
Contractor agrees to pay the Owner the reasonable cost associated
with procurement, implementation and management thereof upon
demand. The Owner shall also be enti t led to reasonable attorney's
fees, necessari ly incurred upon the Contractor 's refusal to pay the
above costs.
4) Subcontractors ' , manufacturers ' and suppliers ' warranties and
guaranties, expressed or implied, with respect to any part of the Work
and any material used therein shall be deemed obtained and shall be
enforced by the Contractor for the benefit of the Owner provided that ,
if directed by the Owner, the Contractor requires such subcontractors,
manufacturers and suppliers to execute such warranties and
guaranties, in writ ing, directly to the Owner.
5) The rights and remedies of the Owner provided in this art icle are in
addit ion to and do not l imit any rights and remedies afforded by the
Contract or by law.
6) Nothing in the above intends or implies that this warranty shall apply
to work that has been abused or neglected by the Owner , i ts agents or
other public body, ut i l i ty or railroad to which ownership has been
transferred.
END OF ARTICLE
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S-898 157S-898 157
8. CONTRACT TIME ( Ju n e 1 2 , 2 0 1 2 )
A. Notice to Proceed
1) The Owner may issue authorization to obtain permits to the
Contractor after the Contractor has executed the Contract and has
delivered the specified bonds and cert if icates of insurance in forms
acceptable to the Owner, for the l imited purpose of obtaining all
necessary permits to complete the work. If the Contractor is una ble
to obtain all necessary permits within 30 days, through no fault of the
Contractor, the Owner has the option, but not the obligation, to
terminate the Contract , without fault to the Contractor or the Owner,
effective immediately upon writ ten notice by the Owner or give the
Contractor addit ional t ime to obtain the permits . Upon the Contractor
providing satisfactory evidence of obtaining the permits, the Owner
will issue Notice to Proceed. Except as specifically authorized in
writ ing by the Owner , the Contractor is not authorized to perform
work (other than obtaining permits) under the Contract unti l the
effective date of the Notice to Proceed, upon which the Contractor
shall commence work and shall dil igently prosecute the Work to
completion within the t ime l imits specif ied. The Contract t ime
commences on the date shown on the Notice to Proceed.
2) Any Work Performed by the Contractor (other than obtaining permits)
prior to Notice -To-Proceed shall be at the Contractor’s own risk and
shall not be considered as the basis for any claim.
B. Schedules
1) The Contractor shall provide, maintain, and periodically update
schedules in strict accordance with the Contract Documents. The
Special Provisions shall contain specific requirements for the form,
content and date of submission of the baseline schedule and all
schedule updates.
2) The Contractor shall prosecute the Work in accordance with the
approved baseline Schedule or most recently approved revision to the
baseline schedule. In the event that progress along the cri t ical path is
delayed, the Contractor shall revise his planning to include addit ional
forces, equipment, shifts or hours as necessary to meet the t ime or
t imes of completion specified in this Contract at no additional cost to
the Owner. In addit ion, the Contract or shall revise his schedule to
reflect these recovery actions and submit i t to the Owner for review
and approval i t being understood that such approval will be as to the
format and composit ion of the schedule and not the Contractor’s
means and methods. Additional costs result ing therefrom will be
borne by the Contractor. Delayed progress is defined as:
a. A delay in the start or f inish of any activity on the cri t ical path
(cri t ical path is defined as the path with the least amount of float)
of the approved baseline schedule or most recently approved
revision to the baseline; or
b. A delay in the start or f inish of any non -crit ical activity which
consumes more than the available float shown on the approved
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S-898 158S-898 158
baseline schedule or most recently approved revision to the
baseline, thereby making the activity cri t ical and late; or
c. A projected completion date shown on a schedule update which is
later than the contractual completion date; or
d. Any combination of the above.
3) Failure of the Contractor to comply with the requi rements under this
provision will be grounds for determination that the Contractor is not
prosecuting the Work with such dil igence as will ensure completion
within the Contract Time. Upon such determination, the Owner may
terminate the Contractor 's r ight t o proceed with the Work, or any
separate part thereof, in accordance with the Contract Documents. If
in the Contractor’s estimation, the cause(s) of delay are beyond the
Contractor’s control , the Contractor shall adhere to the sections of
the Contract Documents related to extensions of t ime, claims and
others as appropriate.
4) The Contractor shall be responsible for scheduling and coordinat ing
the work of all craf ts and trades, subcontractors and suppliers,
required to perform the Work and to complete the Wo rk within the
prescribed t ime. Any inefficiency or loss of productivity in the labor,
materials, or special equipment of the Contractor or i ts
subcontractors of any t ier, from any cause, shall be the responsibili ty
of the Contractor. No reimbursement of t hese or any other costs can
be requested by or granted to the Contractor or any of i ts
subcontractors of any t ier for inefficiency or loss of productivity in
labor, materials, or special equipment, except as specified in the
paragraph in this art icle dealing with Liquidated Indirect Costs, for
delays in the performance and completion of the Work directly caused
by the Owner or i ts authorized representatives. Other than the
exception described above, addit ional costs may only be paid to the
Contractor as a result of addit ional Work added to the Contract scope
of work.
C. Extensions of Time and Classification of Types of Delays
1) Once a delay has been identified and i t has been established through a
scheduling analysis that a delay affects the Project’s end date o r
contractually mandated milestone date, the delay must be classified to
determine responsibil i ty and to compute damages, if any. Before the
Contractor can submit a request for t ime extension, claim or any
request for addit ional compensation involving or r elated to t ime, the
Contractor must classify the delay(s) in accordance with the
following classifications. These delay classifications shall be used by
the Owner and the Contractor in resolving any t ime -related disputes.
Delays fall into three basic categories: non-excusable, excusable, and
compensable.
a. Non-excusable delays are those delays to the cri t ical path which
were foreseeable at the t ime of contract award or delays caused by
the Contractor due to the Contractor’s fault or negligence or
his/her own inefficiencies or problems, due to his/her inabil i ty to
coordinate subcontractors and/or other flaws in his/her planning.
In these types of delays the Contractor is not enti t led to extra t ime
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S-898 159S-898 159
or compensation and the Owner may be allowed to assess
Liquidated Damages or actual damages, depending on the contract
provisions.
b. Excusable delays are those delays to the cr i t ical path beyond the
Contractor 's control and without the active interference of the
Owner, such as extreme weather (force majeure), str ike s and
delays caused by third parties (i .e. not the Contractor or the
Owner). Contractors are granted a t ime extension but no
addit ional compensation for the extended t ime of performance for
excusable delays.
c. Compensable delays are delays to the cri t ical p ath caused by
active interference or part icipation of the Owner or Owner’s
consultant. Examples of compensable delays are failure of the
Owner to provide right -of-way, introducing late design changes,
late review of shop drawings by the Owner or his
Architect/Engineer and failure of the Owner to coordinate the
work of various prime Contractors. In the case of a compensable
delay, the compensation for the extended period of performance
may cover, in addit ion to the direct cost due as a result of the
changes, Liquidated Indirect Costs as specified in the Contract
Documents.
d. Concurrent delays involve two or more delays to the cri t ical path
occurring at the same time, ei ther of which, had i t occurred alone,
would have affected the end date of the Project . In th at event, the
Contractor 's sole remedy is a t ime extension and relief of
Liquidated Damages with no compensation for extended cost for
the concurrency delay period.
e. The compensabil i ty of concurrent delays depends on the types of
delays involved. The following shall determine the effects of
concurrent delays on t ime extensions and compensable costs:
i . EXCUSABLE DELAY CONCURRENT WITH A NON -
EXCUSABLE DELAY. For excusable delays concurrent with
non-excusable delays, the Contractor is enti t led to a t ime
extension only. For example, i t rains the day footings are to be
excavated (excusable delay) but the excavat ion equipment was
down for repairs (non-excusable delays).
i i . NON-EXCUSABLE DELAY CONCURRENT WITH A
COMPENSABLE DELAY. For non-excusable delays
concurrent with compensable delays, the Contractor is enti t led
to a t ime extension only. For example, if the Owner introduces
a design change for a beam but the Contractor has failed to
submit the shop drawings for said beam in a t imely manner.
This would be an example o f a non-excusable delay (late shop
drawings) concurrent with a compensable delay (Owner
introducing design change).
i i i . EXCUSABLE DELAY CONCURRENT WITH A
COMPENSABLE DELAY. For excusable delays concurrent
with compensable delays, the Contractor is enti t led to a time
extension only. For example, the Owner does not provide the
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S-898 160S-898 160
necessary right -of-way to begin construct ion (compensable
delay) but the Contractor’s forces are on strike (excusable
delay).
2) Time Extensions: The Contractor may be granted an extension o f t ime
and will not be assessed Liquidated Damages for any portion of the
delay in completion of the Work, arising from acts of God, acts of the
public enemy, fires, f loods, epidemics, quarantine restrict ions,
freight embargoes, st r ikes, labor disputes, or weather more severe
than the norm, provided that the aforesaid causes were not
foreseeable and did not result from the fault or negligence of the
Contractor, and provided further that the Contractor has taken
reasonable precautions to prevent further dela ys owing to such
causes, and has given to the Architect/Engineer immediate verbal
notification, with writ ten confirmation within 48 hours, of the cause
or causes of delay. Within thirty (30) days after the end of the delay,
the Contractor shall furnish the Architect/Engineer with detailed
information concerning the circumstances of the delay, the number of
days actually delayed, the appropriate Contract Document references,
and the measures taken to prevent or minimize the delay. All requests
for extension of t ime shall be submitted in accordance with the
Contract Documents. Failure to submit such information will be
sufficient cause for denying the delay claims. The Owner will
ascertain the facts and the extent of the delay and i ts f indings thereon
will be final and conclusive subject to the dispute provisions in the
Contract Documents. The extensions of t ime granted for these reasons
shall be considered excusable and shall not be the basis for any
addit ional compensation.
a. Weather more severe than the norm shall apply only as i t affects
part icular portions of the Work and operations of the Contractor,
as determined by the Architect/Engineer. Weather more severe
than the norm is defined as any si tuation exceeding the mean data
as recorded by The National Cli matic Data Center, Ashevil le,
North Carolina and published by the National Oceanic and
Atmospheric Administration (This data is taken from the table of
normals, means, and extremes in the latest version of the “Local
Climatological Data, Annual Summary wit h Comparative Data,
Miami, Florida”). For the calculation of delays due to rain,
precipitation of 0.01 inches or more a day shall be considered to
be a rain day if the rain actually prevented the Contractor from
performing work. The effects of weather less severe than the norm
may be taken into account in granting t ime extensions at the
Owner 's sole discretion.
b. An extension of t ime will not be granted for a delay to the cri t ical
path caused by a shortage of materials, except Owner -furnished
materials, unless the Contractor furnishes to the
Architect/Engineer documentary proof that he has dil igently made
every effort to obtain such materials from every known source
within reasonable reach of the Work. The Contractor shall also
submit proof, in the form of a CPM network analysis data, that the
inabil i ty to obtain such materials when originally planned, did in
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S-898 161S-898 161
fact cause a delay in final completion of the Work which could not
be compensated for by revising the sequence of his operations.
Only the physical shortage of material will be considered under
these provisions as a cause for extension of t ime. No
consideration will be given to any claim that material could not be
obtained at a reasonable, practical , or economical cost , unless i t is
shown to the satisfaction of the Architect/Engineer that such
material could have been obtained only at exorbitant prices,
entirely inconsistent with current rates taking into account the
quanti t ies involved and the usual practices in obtaining such
quanti t ies.
3) Delays Caused by Consultant and/or the Owner: If the Contractor 's
performance of the Work along the cri t ical path is delayed by any
condition or action directly caused by the Owner, and which was not
foreseeable by the Contractor at the t ime the Contract was entered
into, the Contractor shall , provide notification in accordance with the
Contract Documents, of any such delay and of the anticipated results
thereof. The Contractor shall cooperate with the Owner and use i ts
best efforts to minimize the impact on the schedule of any such delay.
In instances where a Contract change extends the Contract beyond the
completion date, the Contractor may claim Liquidated Indirect Costs
as specified in the paragraph in this art icle dealing with Liquidated
Indirect Costs. These delays sha ll be considered compensable, except
for the period in which these delays may be concurrent with
Contractor -caused delays. If a delay on the part of the Owner is
concurrent, that is, if i t occurs at the same time as a Contractor -
caused delay, the Owner -caused delay shall be considered an
excusable delay for the portion of the Owner -caused delay which is
concurrent with the Contractor -caused delay.
4) Delays Beyond Contractor 's Control Not Caused by Consultant and/
or the Owner: If Contractor 's performance of the Work along the
cri t ical path is delayed by any conditions beyond the control and
without the fault or negligence of Contractor and not caused by the
Owner, and which was not foreseeable by Contractor at the t ime this
Contract was entered into, Contractor shall , provide immediate verbal
notification with writ ten notification in accordance with the Contract
Documents, of any such delay and of the anticipated results thereof.
Within two (2) calendars days of the termination of any such delay,
Contractor shall f i le a writ ten notice with the Architect/Engineer
specifying the actual duration of the delay. If the Owner determines
that the delay was beyond the control and without the fault or
negligence of the Contractor and not foreseeable by the Contractor at
the t ime this Contract was entered into, the Owner will determine the
duration of the delay and may extend the t ime of performance of this
Contract provided, however, that Contractor shall cooperate with the
Owner and use i ts best efforts to minimize the i mpact on the schedule
of any such delay. These delays shall be considered excusable and the
Contractor shall not be enti t led to, and hereby expressly waives
recovery of, any damages suffered by reason of the delays
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S-898 162S-898 162
contemplated by this paragraph and extens ion of t ime shall consti tute
Contractor 's sole remedy for such delays.
5) In addit ion to the delays in the Work specified in this section, delays
in the Work directly caused by an act or omission by an owner of an
adjoining property will not be considered an Owner-controlled delay.
An owner of an adjoining property is a person, f irm, corporation,
partnership, or other organization who either owns or occupies, or
both, structures or parcels or both, immediately adjacent to the Work
Site. Extension of t ime for t hose delays will be considered excusable
and shall be treated as specified in this art icle, provided that:
a. The Contractor has, in accordance with this art icle, given to the
Architect/Engineer immediate verbal justif ication, with writ ten
confirmation within forty-eight (48) hours of the delay; and
b. The Contractor establishes, to the satisfaction of the
Architect/Engineer, that:
i . The delay was caused directly by an act or omission by the
owner of the adjoining property; and
i i . The Contractor has taken reasonable p recautions and has made
substantial effort to minimize the delay.
6) A Change Order will be furnished to the Contractor within a
reasonable period of t ime, after approval by the BCC, of a request for
extension of t ime, specifying the number of days allowed, i f any, and
the new dates for completion of the Work or specified portions of the
Work. All requests for t ime extension shall be in accordance with the
Contract Documents. With the exception of t ime extensions covered
under the t ime contingency allowance in the contract , only the BCC
shall grant f inal writ ten approval of al l Change Orders, including
addit ional money or extensions of t ime. All change orders shall be in
full accord with the Contract Documents.
7) For the proper format to be used in submitt ing req uests or claims for
t ime extensions, refer to applicable sections of the Contract
Documents.
8) Extensions of t ime shall be in accordance with Section 9 -3 of the
Code of Miami-Dade County, as applicable.
D. Substantial Completion and Final Acceptance
1) The following i tems must be satisfied before Substantial Completion,
as defined in the Contract Documents, will be approved:
a. All Work must be completed to the satisfaction of the appropriate
permitt ing agencies having jurisdiction over the Work. The
Contractor must furnish the Owner with a “Certif icate of
Occupancy” or a “Certif icate of Completion”, as applicable, from
the permitt ing agency unless circumstances arise outside the
contract scope that prohibits such cert if icates from being issued
(i .e. uti l i ty connections).
b. All operational systems which may include but not be l imited to:
electrical systems, security systems, irrigation systems and fire
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S-898 163S-898 163
systems, must be completed in accordance with the Contract
Documents, tested and approved.
c. All plumbing, heating, venti l at ion, and air conditioning systems
must be completed, tested and approved. Whenever the scope of
work includes a facil i ty or building, an HVAC test and balance
report must be submitted and approved as a condition precedent to
Substantial Completion.
d. The punch l ist may not be so extensive or of a nature that the
Contractor’s complet ion will significantly interfere with the
Owner’s beneficial use of the facil i ty.
2) When the Contractor believes that al l the Work or designated portion
thereof required by the contract is substantially completed, the
Contractor shall submit to the Field Representative and the
Architect/Engineer a request for Substantial Completion inspection.
The Contractor, the Field Representative, the Architect/Engineer,
sub-consultants, and the Owner shall meet at the Project si te for the
purpose of making a combined inspection of the Work. During this
inspection, any i tem of work remaining to be done or Work to be
corrected shall be noted on a Punch List . If the Field Representative
and/or the Architect /Engineer and the Owner indicate on this
inspection report that the Work is substantially complete, a
Certif icate of Substantial Completion will be issued to the
Contractor. The Certif icate of Substantial Completion shall establish
the date of Substantial Completion and shall have attached the Punch
List reflecting any i tems to be completed or corrected, but which do
not prevent beneficial use and occupancy, and shall state the date by
which the Punch List is to be completed. The completion t ime f or the
Punch List shall not be greater than sixty (60) days from the date of
issuance of the Certif icate of Substantial Completion.
3) If any of the conditions l isted in this art icle are not met and the Work
has not been completed, or the Contractor determine s that the final
Punch List cannot be completed within sixty (60) days, a Certif icate
of Substantial Completion shall not be issued. The Contractor shall
continue work, reducing the number of i tems on the Punch List that
were not met. Additional inspecti ons shall be scheduled as necessary
unti l Substantial Completion is declared. However, costs incurred by
the Owner for any inspections beyond a second inspection will be
charged back to the Contractor.
4) In the event the Contractor fails to achieve Substant ial Complet ion
within the period specified in the Contract for completion, the
Contractor shall be l iable for Liquidated Damages and the Owner has,
as i ts option, the right to, after ten (10) calendar days notice to the
Contractor, have the work performed by others and backcharge the
Contractor for al l Direct and Indirect Costs related to performing this
work. In the event that the Owner chooses to have the work
completed by others, there shall not be any further non -excusable
delays charged to the Contrac tor beyond the ten (10) days following
notice to the Contractor. However, the Contractor shall not be
relieved of any non-excusable delays incurred through the date of
termination. The Punch List and the Contract shall remain open unti l
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S-898 164S-898 164
all the Work is complete and accepted. The current retainage will be
used to offset any Liquidated Damages and any backcharges, after
which, any surplus retainage will be released to the Contractor. If
the retainage is insufficient to cover the Liquidated Damages and any
backcharge, the Owner will bil l the Contractor for the balance and the
Contractor shall promptly remit to the Owner an amount equal to the
bil l ing.
5) Final Completion: When the Owner or Architect/Engineer considers
all Work indicated on the Punch List to be complete, the Contractor
shall submit writ ten cert if ication that:
a. Work has been inspected for the compliance with the Contract
Documents.
b. Work has been completed in accordance with the Contract
Documents, and that deficiencies l isted within the Certif icat e of
Substantial Completion and i ts at tachments have been corrected.
c. Work is completed and ready for final inspection.
6) Should the Owner and/or Architect/Engineer inspection find that
Work is incomplete, he will promptly notify the Contractor in writ ing
l ist ing all observed deficiencies. The Contractor shall be responsible
for al l Direct and Indirect Costs to the County result ing from the
Contractor’s failure to complete the Punch List i tems within the t ime
allowed for completion.
7) The Contractor shall remedy deficiencies and send a second
cert if ication. Another inspection will be made that shall consti tute
the final inspection. Provided that work has been satisfactori ly
completed, the Architect/Engineer will notify the Contractor in
writ ing of Final Acceptance as of the date of this f inal inspection.
8) Prior to Final Acceptance, the Contractor shall deliver to the Field
Representative complete As - Builts, al l approved Shop Drawings,
maintenance manuals, pamphlets, charts, parts l ists and specified
spare parts, operating instructions and other necessary documents
required for al l installed materials, equipment, or machinery, al l
applicable warranties and guarantees, and the appropriate Certif icate
of Occupancy.
9) Upon notification of Final Acceptance to the Contrac tor, the
Architect/Engineer wil l request and consider closeout submittals from
the Contractor including but not l imited to the final Contractor 's
Affidavit and Release of All Claims.
10) The Contractor, without prejudice to the terms of the Contract , shall
be l iable to the Owner for latent defects, fraud, or such gross
mistakes as may amount to fraud, or as regards the Owner 's r ights
under any warranty or guaranty.
11) Re-Inspection Fees: Should the status of completion of the Work
require re-inspection of the Work by the Owner and the
Architect/Engineer due to failure of the Work to comply with the
Contractor’s representations regarding the completion of the Work,
the Owner will deduct from the final payment to the Contractor, fees
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S-898 165S-898 165
and costs associated with re -inspection services in addit ion to
scheduled Liquidated Damages.
E. Use and Possession
The Owner shall have the right to beneficially occupy, take possession of
or use any completed or part ial ly completed portions of the Work. Such
possession or use will not be deemed an acceptance of work not
completed in accordance with the Contract . While the Owner is in such
possession, the Contractor, notwithstanding the provisions of the
Contract Documents, will be relieved of the responsibil i ty for loss or
damage to the Work other than that result ing from the Contractor 's fault
or negligence or breach of warranty. If such prior possession or use by
the Owner delays the progress of the Work or causes addit ional expense
to the Contractor, a Contract change in the Contract pr ice or the time of
completion will be made and the Contract will be modified in writ ing
accordingly.
F. Liquidated Damages and Liquidated Indirect Costs
1) The parties to the Contract agree that t ime, in the completion of the
Work, is of the essence. The Owner and the Contractor recognize and
agree that the precise amount of actual damages for delay in the
performance and completion of the Work is impossible to determine
as of the date of execution of the Contract and that proof of the
precise amount will be dif ficult . Therefore, the Contractor shall be
assessed Liquidated Damages on a daily basis for each Day that
individual milestones, both interim and cumulative as specified in the
Contract Documents, are not t imely achieved or that Contract Time is
exceeded due to a non-excusable delay. These Liquidated Damages
shall be assessed, not as a penalty, but as compensation to the Owner
for expenses which are difficult to quantify with any certainty and
which were incurred by the Owner due to the delay. The amount of
Liquidated Damages assessed shall be an amount, as st ipulated in the
Contract Documents, per day for each calendar day that individual
milestones as specified in the Contract are not t imely achieved or that
the Project is delayed due to a non -excusable delay.
2) The Owner and the Contractor recognize and agree that the precise
amount of the Contractor 's Indirect Costs for delay in the
performance and completion of the Work is impossible to determine
as of the date of execution of the Contract , and that pro of of the
precise amount will be difficult . Therefore, Liquidated Indirect Costs
recoverable by the Contractor shall be assessed on a daily basis for
each Day the Contract Time is delayed due to compensable delay.
These Liquidated Indirect Costs shall be paid to the Contractor in full
satisfaction of all costs and damages caused by compensable
excusable delays, except for Direct Costs. There shall be no
Liquidated Indirect Costs payable for t ime directly related to Extra
Work for which a Change Order has been issued.
3) The amount of Liquidated Indirect Costs recoverable shall be an
amount, as st ipulated in the Contract Documents per day for each day
the Contract is delayed due to compensable excusable delay. For
lump sum contracts, the daily amount of Li quidated Indirect Costs
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S-898 166S-898 166
will be calculated by dividing the total amount in the Contractor’s
approved Schedule of Values for General Requirements by the
Contract duration (in days) after deducting any general conditions
costs directly paid by the Owner duri ng the execution of the Project .
The amount of the Liquidated Indirect Costs calculated in accordance
with this formula shall be stated in the Notice -to-Proceed. For unit
price contracts, the daily amount of Liquidated Indirect Costs will be
calculated as defined in the formula below:
(Amount of Bid x 8%) less any General Requirements i tems paid
independently/individually
Original Contract Duration (In Days)
4) In the event the Contractor fails to perform any other covenant or
condition (other than t ime-related) of this Contract relating to the
Work, the Contractor shall become liable to the Owner for any actual
damages which the Owner may sustain as a result of such failure on
the part of the Contractor. The Owner reserves the right to retain
these amounts f rom monies due the Contractor.
5) Nothing in this art icle shall be construed as l imiting the right of the
Owner to terminate the Contract and/or to require the Surety to
complete said Project and/or to claim damages for the failure of the
Contractor to abide by each and every one of the terms of this
Contract as set forth and provided for in the Contract Documents.
END OF ARTICLE
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S-898 167S-898 167
9. PROGRESS PAYMENTS ( Ju n e 1 2 , 2 0 1 2 )
A. Payments
1) The Contractor shall receive and accept compensation provided for in
the Contract as full payment for furnishing all materials, for
performing all work under the Contract in a complete and acceptable
manner, and for al l r isk, loss, damage, or expense of whatever
character arising out of the nature of the work or the prosecution
thereof.
2) The Owner will make progress payments monthly as the work
proceeds. Unless the Special Provisions provide for the payment to be
determined by using a cost -loaded CPM, the Contractor shall , within
15 days after Notice -to-Proceed, furnish a Schedule of V alues for
review and approval by the Owner consist ing of a detailed cost
breakdown of each lump sum bid i tem in the bid form in such detail
as the Architect/Engineer shall request , showing the amount included
therein for each principal category of the work , to provide the basis
for determining the amount of progress payments. Unit price bid
i tems shall be paid for in accordance with the Bid Form. The
Schedule of Values shall clearly indicate the amount to be paid by the
Contractor to each individual Subcon tractor.
a. The unit prices shall be in proper balance and shall be subject to
approval by the Owner. In the preparation of estimates, the
Owner, at i ts sole discretion, may authorize material delivered on
the si te and preparatory work done to be taken into c onsideration.
Material delivered to the Contractor at locations other than the
Work Site may also be taken into consideration under this art icle
when the Contractor furnishes satisfactory evidence that i t will be
uti l ized on the work covered by this Contra ct .
3) In making such progress payments, a maximum of ten -percent (10%)
or a minimum of five -percent (5%), as may be amended in the
Contract Documents, of the estimated amount shall be retained from
each progress payment made to the Contractor unti l Fifty -Percent
(50%) Completion of the work has been established. Fifty -Percent
(50%) completion is defined as the point in t ime when at least 50% of
the Work under contract has been physically and satisfactori ly
completed in accordance with the intent of the Contra ct Documents as
determined by the Architect/Engineer. At this point , the retainage
amount withheld from each subsequent progress payment shall be
reduced by 50% or not to exceed five -percent (5%) and the
accumulated excess amount of retainage will be relea sed to the
Contractor, unless such amount is the subject of a good faith dispute,
the subject of a claim brought pursuant to Florida Statute 255.05 , or
otherwise the subject of a claim or demand by the Owner or
Contractor. If , at the discretion of the Owner, any t ime after Fif ty -
Percent (50%) Completion of the work has been established, the
Owner finds that satisfac tory progress is being made, i t may
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S-898 168S-898 168
authorize any of the remaining progress payments to be made in full .
Also, whenever the Work is Substantially Complete, the Owner , i f i t
considers the amount retained to be in excess of the amount adequate
for i ts protection, may release to the Contractor al l or a portion of
such excess amount.
4) Material and work covered by progress payments shall become the
sole property of the Owner. This provision shall not be construed as
relieving the Contractor from the sole respon sibil i ty for material and
work upon which payments have been made, the restoration of
damaged work or as waiving the right of the Owner to require the
fulfi l lment of the terms of the Contract .
5) Progress payments will be made in accordance with the Miami -Dade
County Code, Florida Statute, s. 218.70 Flor ida Prompt Payment Act,
and Florida Statute, s . 218.735.
a. The Contractor’s at tention is directed to Florida Statute, s .
218.735, revising provisions regarding t imely payment , revising
deadlines for the payment of contractors, subcontractors, sub -
subcontractors, material -men and suppliers. The contractor shall
remit payment due to subcontractors within ten (10) days after the
contractors’ receipt of payment. The subcontractor shall remit
payment due to sub-subcontractors and suppliers within seven (7)
days after the subcontractors’ receipt of payment. Dispute
resolution is provided within the Statute.
6) No progress payments will knowingly be made for work not in
accordance with this Contract .
7) Applications for progress payments shall be in the format as
prescribed by the Owner. These applications shall be supported by
evidence, which is required by this art icle. Each application for
payment shall clearly indicate the amount to be paid to the
Contractor as well as the amount to be paid to each of the
Contractor’s Subcontractors and suppliers. The Contractor shall
certify that the work for which payment is requested has been done
and that the materials l isted are stored where indicated. Those i tems
on the progress payment application that , in accordance with the
applicable sections of the Contract Documents, compensate for Force
Account Work, for materials not yet incorporated in the work, or for
work under change orders negotiated on a cost -reimbursable basis
will , under procedures of the Owner, be subject to the Owner’s audit
review of the Contractor 's records supporting the payment
application. Audits will be performed so as not to interfere with
t imely processing of applications for payment. If audit indicates the
Contractor has been overpaid under a previous payment application,
that overpayment will be credited against current progress payment
applications. For a per iod of five years from Final Acceptance of the
Contract , the Contractor shall maintain and make avai lable for audit
inspection and copying by the Owner , State and the Government and
their authorized representatives, al l records subject to audit review.
8) The Owner, at i ts discretion, may authorize payment for materials
not yet incorporated into the Work, whether or not delivered to the
Work Site. The value of materials on hand but not incorporated into
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S-898 169S-898 169
the Work will be determined by the Field Representative, based on
actual invoice costs to the Contractor, and such value will be
included in a monthly application for payment only if the materials
have been properly stored on the Site, provided that such materials
meet the requirements of the Contract Documents, and are delivered
to acceptable locations on Site or in bonded warehouses that are
acceptable to the Owner. Such delivered costs of stored or
stockpiled materials may be included in the next application for
payment after the following conditions are met:
a. The material has been stored and stockpiled in a manner
acceptable to the Field Representative at or on the Work si te or in
a secure storage facil i ty within Miami -Dade County or other
location as approved by the Architect/Engineer. If such materials
are stored outside Miami -Dade County, the Contractor shall accept
responsibil i ty for and pay all persona l and property taxes that may
be levied against the Owner by any state or subdivision thereof on
account of such storage of such material . The Owner will permit
the Contractor, at his own expense, to contest the validity of any
such tax levied against the Owner and in the event of any
judgment or decree of a court against the Owner, the Contractor
agrees to pay same.
b. The Contractor has furnished the Field Representative with
acceptable evidence of the quanti ty and quali ty of such stored or
stockpiled materials.
c. The Contractor has furnished the Field Representative with
satisfactory evidence that the materials and transportation costs
have been paid including but not l imited to cert if ied bil ls of sale
for such materials and insurance cert if icates or other in struments,
in writ ing, and in a form as required by the Owner. The
Architect/Engineer may allow only such portion of the amount
represented by these bil ls as, in his opinion, is consistent with the
reasonable cost of such materials.
d. The Contractor has furn ished the Owner legal t i t le (free of debts,
claims, l iens, mortgages, taxes or encumbrances of any kind) to
the material so stored and stockpiled and subject only to the
Owner’s payment for the materials as reflected in the application
for payment. All such materials so accepted shall become the
property of the Owner. The Contractor at his own expense shall
mark such material as the property of the Owner and shall take
such other steps, if any, the Owner may require or regard as
necessary to vest t i t le in the Owner to such material .
e. The Contractor has furnished the Owner evidence that the material
so stored or stockpiled is insured against loss by damage to or
disappearance of such materials at any t ime prior to use in the
work. The cost of the material inc luded in an application for
payment which may subsequently become lost , damaged or
unsatisfactory shall be deducted from succeeding applications for
payment irrespective of the cause and whether or not due to the
negligence, carelessness or fault of the Ow ner.
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f . It is understood and agreed that the transfer of t i t le and the
Owner 's payment for such stored or stockpiled materials shall in
no way relieve the Contractor of i ts responsibil i ty for furnishing
and placing such materials in accordance with the requir ements of
the Contract Documents and does not waive Owner 's r ight to
reject defective material when i t is delivered to the Site unti l such
material is delivered to the Site and satisfactori ly incorporated
into the work.
g. In no case will the amount in an app lication for payment for
material on hand exceed the Contract price for such material , the
Contract price for the Contract i tem in which the material is
intended to be used or the value for such material established in
the approved Schedule of Values. Pay ment for material furnished
and delivered as indicated above will be based on 100 percent of
the cost to the Contractor and retention will be withheld as
specified in the Contract Documents. In any event, part ia l
payments for materials on hand will not exceed seventy percent
(70%) of the i tem’s Bid Price, including taxes and shipping, or the
agreed amount within the Schedule of Values.
h. No partial payment will be made for stored or stockpiled l iving or
perishable plant mater ials.
i . The Contractor shall bear a ll costs associated with the partial
payment of stored or stockpiled materials in accordance with the
provisions of this Article.
j . Materials may be subject to being purchased by the Owner
directly under the County’s “Direct Material Purchase Program”
and installed by the Contractor, as applicable, in accordance with
the Special Provisions.
9) Payment of the Contract lump sum price for General Requirements, if
applicable, will be made in the following manner:
a. The General Requirements Lump Sum amount, including cost for
bonds and insurance, shall be paid in proportion to the total
percent of completion. The Owner will consider requests for
payment for bonds and insurance under the General Requirements
after receipt of certified invoices from the Contractor showi ng
that the Contractor has paid them.
b. The Owner reserves i ts r ight to withhold payment for General
Requirements, in whole or in part , at the Owner’s sole discretion,
in accordance with Paragraph 11 below.
10) If any claim is f i led against the project for la bor, materials, suppl ies
or equipment which the Owner has determined to have been
incorporated on the si te and the Contractor has not paid for, the
Owner will have the r ight to retain from payments otherwise due the
Contractor, in addit ion to other amounts properly withheld under this
art icle or under other provisions of the Contract , an amount equal to
such amounts claimed.
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11) In addit ion to the provisions of this art icle and other relevant
sections of the Contract Documents, payment may also be withheld
proportionately for the following reasons:
a. Reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Sum,
b. Reasonable indication that the Work will not be completed within
the Contract Time,
c. Damage to another Contractor,
d. Unsatisfactory prosecution of the Work by the Contractor,
e. Failure of the Contractor, or his Subcontractors, to pay wage
rates, when applicable as required by the Contract .
f . In the event the Surety on the Performance and Payment Bond
provided by the Contractor becomes insolvent, or is placed in the
hands of a receiver, or has i ts r ight to do business in the State of
Florida suspended or revoked as provided by law. In this case,
payment will continue when the Contractor provides a good and
sufficient Bond(s) as required by the Contract Documents, in l ieu
of the Bond(s) so executed by such Surety.
g. If any work or mater ial is discovered which, in the opinion of
either the Architect/Engineer or the Field Representative, is
defective, or should a reasonable doubt arise on the part of the
either the Architect/Engineer or the Field Representative as to the
integrity of any part of the work completed previous to the final
acceptance and payment. In this case, there will be deducted from
the first application for payment subsequen t to the discovery of
such work, an amount equal in value to the defective or
questioned work, and this work will not be included in any
subsequent applications for payment unti l the defects have been
remedied or the causes for doubt removed.
12) The Contractor shall submit with each monthly invoice the cert if ied
payroll forms for al l employees on the job in accordance with
applicable Responsible Wages and Benefits (Ordinance No. 90 -143
and codified in Miami -Dade County Code Section 2 -11.16). Failure to
provide this information will cause the Field Representative and/or
Architect/Engineer to return the invoice to the Contractor unti l such
t ime as the Contractor properly submits the information.
13) Failure to comply with the insurance requirements l isted in the
Contract Documents may result in the Owner 's withholding or
delaying payment to the Contractor.
B. Taxes
1) Except as may be otherwise provided for in the Contract Documents,
the price or prices bid for the Work shall include full compensat ion
for al l federal , sta te, local and foreign taxes, fees and duties that the
Contractor is or may be required to pay and the Contractor shall be
responsible for the payment thereof during the prosecution of the
work.
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2) The Contractor 's at tention is directed to the fact that mate rials and
supplies necessary for the completion of this Contract are subject to
the Florida Sales and Use Tax, in accordance with Section 212.08,
Florida Statutes, as amended. The Contractor shall not collect taxes
upon making delivery to the Owner.
3) The Owner, at i ts sole discretion, upon request of the Contractor and
where appropriate, may furnish to the Contractor appropriate
evidence to establish exemption from any taxes, fees or duties which
may be applicable to the agreement and from which the Owner is
exempt.
C. Payments to Subcontractors and Suppliers
1) The Contractor shall pay all Subcontractors for and on account of
work performed by such Subcontractors in accordance with the terms
of their respective subcontracts and in accordance with Ordinance
Nos. 94-40, and 02-29, Miami-Dade County Code Section 10 -33.02
and Florida Statute s. 218.735.
2) Before the Contractor can receive any payment, except the first
payment, for monies due him as a result of a percentage of the work
completed, he must provide the Archi tect/Engineer with duly
executed release of claim from all subcontractors and suppliers who
have performed any work or supplied any material on the project as
of the date, stating that said subcontractors or suppliers have been
paid their proportionate share of al l previous payments. In the event
such affidavits cannot be furnished, the Contractor may, at the
Owner’s sole discretion after the Contractor demonstrates justif iable
reasons, submit an executed Consent of Surety to Requisit ion using
the form provided in the Contract Documents identifying the
subcontractors and the amounts for which the Statement of
Satisfaction cannot be furnished.
3) The Contractor 's fai lure to provide a Consent of Surety to Requisit ion
Payment will result in the amount in disput e being withheld unti l (1)
the Statement of Satisfaction is furnished, or (2) Consent of Surety to
Requisit ion Payment is furnished. The Subcontractor(s) shall submit
with each monthly invoice the Certif ied Payroll forms for al l
employees on the job in accordance with applicable Provisions.
Failure to provide this information will cause the Architect/Engineer
to return the invoice to the Contractor unti l such t ime as the
Contractor properly submits the information.
D. Contract Prices – Bid Form
1) Payment for the various Bid Items l isted in the Bid Form shall
consti tute full compensation for furnishing plant, labor, equipment,
appliances and materials and for performing operations required to
complete the Work in conformity with the Contract Documents . All
costs for work shown or indicated by the Contract Documents,
al though not specifically provided for by a Bid Item in the Bid Form,
shall be included in the most appropriate Bid Item price for the i tems
l isted. Except for the relief provided by the applicable sect ion of the
Contract Documents governing Differing Site Conditions, the
Contractor will not be enti t led to addit ional compensation for
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S-898 173S-898 173
providing an activity or material necessary for the completion of the
Work in accordance with the Contract even though the activity or
material is not included in a specific Bid Item or indicated in the
Contract Documents.
E. Final Payment
1) After the Work has been accepted by the Owner, subject to the
provisions of the Contract Documents, a f inal payment will be made
as follows:
a. Prior to Final Acceptance of the Work, the Contractor shal l
prepare and submit a proposed final application for payment to the
Architect/Engineer showing the proposed total amount due the
Contractor, segregated as to Bid Item quanti t ies, force account
work, and other bases for payments; deductions made or to be
made for prior payment; amounts to be retained; any claims the
Contractor intends to fi le at that t ime or a statement that no
claims will be fi led; and any unsett led claims, stat ing amounts.
Prior applications and payments shall be subject to correction in
the proposed final application for payment. Claims fi led with the
final application for payment must be otherwise t imely under
these General Conditions.
b. The Owner will review the Contractor 's prop osed final application
for payment and necessary changes or corrections will be
forwarded to the Contractor. Within 10 days thereafter, the
Contractor shall submit a final application for payment
incorporating changes or corrections made by the
Architect /Engineer together with addit ional claims result ing
therefrom. Upon approval by the Owner, the corrected proposed
final application for payment will become the approved final
application for payment.
c. If the Contractor fi les no claims with the final applica tion for
payment and no claims remain unsett led within 30 days after f inal
inspection of the Work by the Architect/Engineer and the Owner,
and agreements are reached on all questions regarding the final
application for payment, the Owner, in exchange for a n executed
release of al l claims and properly executed close -out documents
specified in Paragraph 3 below, will pay the entire sum found due
on the approved final application for payment.
d. Upon final determination of any and all c laims, the Owner, in
exchange for properly executed close -out documents specified in
Paragraph 3 below, will pay the entire sum found due on the
approved final application for payment, including the amount, i f
any, al lowed on claims.
e. The release from the Contractor will be from any claims arising
from the Work under the Contract . If the Contractor 's claim to
amounts payable under the Contract has been authorized by the
Owner for assignment pursuant to the relevant sections of the
Contract Documents, a release may be required from the assignee.
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S-898 174S-898 174
f . Final payment will be made within 30 days after approval of the
final notice and resolution of Contractor 's claims, or 30 days after
Final Acceptance of the Work by the Owner, whichever is later.
If a f inal application for payment has not been approved within 30
days after f inal inspection of the Work, the Owner shall make
payment of sums not in dispute without prejudice to the rights of
ei ther the Owner or the Contractor in connection with any
disputed i tems.
g. Prior to payment of a claim sett lement, the claim may be audited
by the Owner and may be subject to approval by the funding
agencies .
h. Final payment made in accordance with this art icle will be
conclusive and binding against both parties to the Contract on all
questions relating to the amount of work done and the
compensation paid therefore.
2) With the final application for payment, the Contractor shall return
and submit f inal releases of claim from himself, from each
Subcontractor of record and from other Subcontractors or mater ial
suppliers who may have notified the Owner that they were furnishing
labor or materials for this project . These releases from
Subcontractors and suppliers shall be final , originals, notarized and
executed on the form provided by the Owner and included in the
Contract Documents, al l in accordance with all applicable Florida
Statutes. In addit ion, the Contractor shall execute and return to the
Owner all the enclosed close -out documents . In the event that al l of
the above releases cannot be furnished, the Contractor may , at the
Owner’s sole discretion after the Contractor demonstrates justif iable
reasons, submit a Consent of Surety to Final Payment in a form
acceptable to the Owner, recognizing lack of such releases of claim.
Furthermore, the Contractor and the Surety s hall agree in writ ing, in
a form acceptable to the Owner, to indemnify, defend and hold
harmless the Owner from any claims of Subcontractors and suppliers
who refuse to execute final releases.
3) The making of final payment shall consti tute a waiver of al l c laims
by the Owner except those arising from:
a. Faulty or defective Work appearing after Final Completion;
b. Failure of the Work to comply with the requirements of the
Contract Documents, discovered after Final Completion;
c. The performance of audits to seek rei mbursement of any
overpayments discovered as a result of an audit as provided in the
Contract Documents;
d. The enforcement of those provisions of the Contract Documents
which specifically provide that they survive the completion of the
Work;
e. The enforcement of the terms of the Payment and Performance
Bonds against the Surety;
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f . Terms of all warrantees/guarantees required by the Contract
Documents.
4) The acceptance of final payment shall consti tute a waiver of al l
claims by the Contractor.
END OF ARTICLE
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S-898 176S-898 176
10. CHANGES ( Ju n e 1 2 , 2 0 1 2 )
A. Changes
1) The Owner reserves the right to, at any t ime, without notice to the
sureties and without invalidating the Contract , by writ ten notice or
order designated as a Change Notice or Change Order, make any
change in the Work wi thin the general scope of the Contract
including but not l imited to changes:
a. In the Contract Documents;
b. In the method or manner of performance of the Work;
c. In Owner-furnished facil i t ies, equipment, materials, services,
or si te or;
d. Directing acceleration in performance of the Work.
2) In the event the Owner exercises i ts r ight to change, delete or add
work under the Contract , such work will be ordered and paid for as
provided for in the Contract Documents.
3) Changes in the work may be init iated by the issuance o f a Change
Notice by the Architect/Engineer. The Contractor shall submit a
proposal to the Architect/Engineer and the Owner for their review, in
accordance with the Contract Documents, within a reasonable t ime
after receipt of a Change Notice. The Contra ctor shall maintain this
proposal, for acceptance by the Owner, for a minimum of 90 calendar
days after submittal . The cost or credit to the Owner for any change
in the work shall be determined in accordance with the provisions of
the Contract Documents. The Contractor shall not be compensated
for effort expended in preparing and submitt ing price quotes.
4) In the event the Contractor fails to provide the full cost and t ime
estimate for the change work or refuses to execute a full accord
Change Order, the Owner will , at i ts sole discretion, (1) determine
the total cost and t ime impacts of the change and compensate the
Contractor and/or extend the Contract Time, if applicable, through a
unilateral Change Order signed only by the Owner; or (2) direct the
Contractor to proceed with the Work under the Force Account
provisions of this art icle. Failure of the Contractor to submit his
total and final estimated cost and t ime impact within the t ime per iod
specified on the Change Notice form shall consti tute a waiver b y the
Contractor to claim additional costs or t ime beyond that which has
been determined by the Owner. Any disputes arising out of an Owner
determination shall be resolved in accordance with the disputes
provisions in the Contract Documents. Pending the Owner’s final
decision, the Contractor shall proceed dil igently with the
performance of the Work under the Contract .
5) Changes in the work covered by Unit Prices, as stated in the Contract
Documents shall be al l inclusive. These prices will include all Dire ct
and Indirect Costs and means and methods of execution. To be
compensable, units must be measured daily by the Contractor and
approved in writ ing by the Owner or his authorized representative.
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6) The following mark-ups on Extra Work shall apply to all chan ges in
the Work performed under this art icle:
a. For Extra Work performed by the Contractor’s own forces , the
Contractor agrees that his proposed cost to perform said Extra
Work will in no event include a rate for overhead in excess of
fif teen percent (15%).
b. For Extra Work performed by a Subcontractor’s forces, the
Contractor agrees that his proposed cost to perform said Extra
Work will in no event include Overhead in excess of fif teen
percent (15%). The Contractor may then add five percent (5%)
t imes the Subcontractor 's or sub-tier Subcontractor 's actual Direct
Cost as direct compensation for the Contractor’s Overhead and all
other costs associated with the Subcontractors Work at al l t iers.
7) Increases to the Contract Amount shall be authorized by a Change
Order executed by the Contractor, the Contractor 's Surety and the
Owner and approved by the BCC. Decreases to the Contract amount
shall be by Change Order or Work Order as determined by the Owner
and shall also be subject to BCC approval when the decrease resu lts
from a reduction in the scope of the work.
8) A cost of bonds for Change Orders that impact the Contract price
shall be established by the Contractor’s actual reimbursement costs,
as approved by the Owner, based on the original Contract Amount and
the original amount reimbursed to the Contractor for bonds at the
commencement of the Work. This cost of bonds shall be added to all
credit amounts allowed by the Owner. For Change Orders paid under
the Allowance Account, no addit ional bond cost will be allowed
unless the Allowance Account is not included in the original Contract
Amount. In this case, addit ional bond costs for these Change Orders
will be considered.
9) Any claim for payment of Extra Work that is not covered by a Change
Order or Work Order will be rejected by the Owner.
B. Allowance Accounts
1) Certain portions of work which may be required to be performed by
the Contractor under this Contract are either unforeseeable or have
not yet been designed, and the value of such work, if any, is included
in the Contract as a specific l ine i tem(s) enti t led "Allowance Ac -
count(s)".
a. The Allowance Account (General) can be used to reimburse the
Contractor for (1) furnishing all labor , materials, equipment and
services necessary for modifications or Extra Work required to
complete the Project because of unforeseeable conditions and; (2)
for performing construction changes required to resolve:
oversight in design, Owner oversight, unforeseen conditions,
revised regulations, technological and product development,
operat ional changes, schedule requirements, program interface,
emergencies and delays; and for making final adjustment to
estimated quanti t ies shown on the Schedule of Values or amounts
bid in the Bid Form to conform to actual quanti t ies installed.
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b. Other Allowance Account(s) (Dedicated) may be used as specified
in the Contract Documents to fund specific i tems of work at the
sole discretion of the Owner. These dedicated allowance accounts
shall be used only for the purposes approved pursuant to a writ ten
Work Order issued by the Owner or his authorized representative.
2) At such t ime as work is to be performed under the Allowance
Account(s), if any, the work shall be incorporated into the Schedule
and the Schedule of Values, and shall in all respects be integra ted
into the construc tion as a part of the Contract as awarded.
3) The Work Order for the required work will be issued by the Owner or
Architect/Engineer upon receipt from the Contractor of a satisfactory
proposal for performance of the work, and the acceptance thereof by
the Architect/Engineer and the Owner. If the Contractor and the
Owner are unable to agree upon an amount of compensation or; if the
nature of the work is such that a Unit Price or Lump Sum price is not
economically practical or if the change work is deemed essential to
the Project and actual conditions require work to be swift ly
conducted to avoid or minimize delays, the Work Order may be issued
to perform the work on a Force Account basis. In the event that an
equitable adjustment for the said change work cannot be arrived at ,
ei ther by mutual agreement or under the dispute provisions of the
Contract Documents, the compensation hereunder will be the total
compensation for this work.
4) No Work Orders shall be issued against an Allowance Account if such
Work Orders in the aggregate exceed the authorized amount of that
Allowance Account, provided however that such excess may be
authorized by appropriate Change Order.
5) The unexpended amounts under the allowance accounts shall remain
with the Owner and the Contractor shall have no claim to the same.
C. Deletion or Addition of Work
1) In the event the Owner exercises its r ight to delete any portion(s) of
the work contemplated herein, such deletion will be ordered and the
Contract Total Amount and Time may be ad justed as provided for in
these Contract Documents by Change Order or by Work Order, as
appropriate. The Contractor shall be reimbursed for any actual
reasonable expenses incurred prior to the notice of deletion of work
as a result of preparing to perform the work deleted. In the event of
a dispute between Owner and Contractor as to the adjustment to the
amount of t ime, the dispute shall be handled in accordance with these
General Conditions.
2) Deleted Work - Lump Sum Bid Item(s) : The Contractor shall credi t
the Owner for the reasonable value of the deleted work determined
from the approved Schedule of Values, subject to approval by the
Architect/Engineer. If the reasonable value of the deleted work
cannot be readily ascer tained from the Schedule of Values submitted
in accordance with these General Conditions, or if requested by the
Architect/Engineer, the Contractor shall supply all data required by
the Architect/Engineer, including the actual agreements executed by
the Contractor with the Subcontractors and suppliers affected by the
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deleted work, to substantiate the amount of the credit to be given the
Owner. The Contractor shall also submit for the Owner’s approval a
revised schedule of values reflecting the work remaining under the
Contract following the deletion.
3) No payment(s) shall be made to the Contractor by the Owner for loss
of anticipated profit(s) from any deleted work.
4) In the event the Owner exercises i ts r ight to add to any portion of the
work contemplated herein, such addit ion will be ordered and the
Contract Total Amount and Contract Time will be adjusted as
provided for in these Contract Documents, by Change Order or by
Work Order as appropriate. In the event of a dispute between Owner
and Contractor as to the adjustment to the Amount or the Time, the
dispute shall be handled in accordance with the Contract Documents.
D. Increased or Decreased Quantit ies (Unit Prices)
1) This section applies to Owner -init iated addit ions or deletions from
the Work and to the unit prices contained within this cont ract and
controls payments or credits for variations between estimated and
actual quanti t ies required to complete the Work, even though the
addit ions or deletions may be dist inct or separate structures or
activit ies and regardless of the fact that the addi t ion or deletion is a
result of f ield adjustments, si te conditions, a design change or any
other cause. Increases or decreases will be determined by comparing
the actual quanti ty required to the Architect/Engineer 's est imated
quanti ty in the Bid Form.
2) If the actual quanti ty of Bid Item varies from the Architect/Engineer 's
quanti ty estimate by 25% or less, payment for the Bid Item will be
made at the Contract unit price. If the actual quanti ty varies from the
Bid quanti ty by more than 25%, the compensation payable to the
Contractor will be the subject of review by the Contractor and the
Architect/Engineer and a Contract adjustment will be made by means
of a Change Order in accordance with the Contract Documents to
credit the Owner with any reduction in unit prices or to compensate
the Contractor for any increase in unit price result ing from variations
between estimated and actual quanti t ies. The unit price to be
re-negotiated shall be only for that quanti ty above 125% or below
75% of the original bid quanti t ies.
3) The Contractor shall submit to the Architect/Engineer all data
required to substantiate the amount of compensation requested
therefore. In no event shall the Contractor be enti t led to
compensation greater than the aggregate amount of al l the Unit Pri ces
t imes the original bid quanti t ies of Work reflected in the Bid Form.
4) No compensation will be made in any case for loss of anticipatory
profits, loss of bonding capacity or consequential damages.
E. Extra Work
1) Except as otherwise expressly provided above, al l addit ional work
ordered, work changed or work deleted shall be authorized by Work
Order(s) or Change Order(s). All changed or added work so
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authorized shall be performed by the Contractor at the t ime and in the
manner specified.
The Change Order shal l include, as a minimum:
a. Scope of work to be added, deleted or modified;
b. Cost of work to be added, deleted or modified;
c. The Contract t ime extension or reduction in contract t ime in
the case of deleted work required to perform the work to be
added, deleted or modified;
d. Full release of claims associated with the Contract through the
date of the change order, or a reservation of claims identified
as to each claim reserved, the scope of the work, the maximum
cost of the work, and the maximum number of days of Contract
t ime requested, shall be specified.
The Work Order shall include, at a minimum:
a. Scope of work to be added, deleted or modified;
b. Cost of work to be added, deleted or modified;
c. The Contract t ime extension required to perform the work to be
added, deleted or modified;
d. Full release of claims associated with the work order work, or
a reservation of claims identified as to each claim reserved,
the scope of the work, the maximum cost of the work, and the
maximum number of days of Contract t ime requested, shall be
specified.
2) If Work is ordered, changed, or deleted which is not covered by Unit
Prices, then, the Owner and the Contractor shall negotiate an
equitable adjustment to the Contract Price for the Direct Costs for the
performance of such work in accordance with this art icle. Indirect
Costs for Work ordered, changed or deleted may be reimbursed for
Excusable and Compensable Delay as defined in these Contract
Documents.
a. In order to reimburse the Contractor for addit ional Direct Costs,
ei ther by Work Orde r, Change Order or any other means, the
Contractor must have addit ional work added to the Contract Scope
of Work. The addit ional cost of idle or inefficient labor, from any
cause, or the addit ional cost of labor made idle or inefficient from
any cause wil l not be considered a reimbursable addit ional Direct
Cost. Special equipment or machinery, which is made idle or
inefficient by the Work ordered, changed or deleted, may be
reimbursable if approved by the Architect/Engineer as an
unavoidable cost to the Contractor, caused by the Owner.
b. Costs of special equipment or machinery, not already mobilized
on the si te, approved by the Architect/Engineer, shall be
calculated using the current issue of the Associated Equipment
Distributors (AED) Manual plus any requi red mobilization. The
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selection of which of the AED rates (daily, weekly, monthly) to be
used to calculate these costs shall be as follows:
i . Between one (1) day and seven (7) days, use the daily rate.
i i . Between seven (7) days and thirty (30) days, use the we ekly
rate.
i i i . Greater than thirty (30) days, use the monthly rate.
c. For less than one (1) day hourly rates, use the daily rate divided
by eight (8).
d. For overtime hourly rates use the daily rate divided by eight (8),
the weekly rate divided by forty (40), or th e monthly rate divided
by one hundred and seventy-six (176) as appropriate.
e. Costs for Special Equipment and Machinery already mobilized on
the si te, shall not exceed the monthly rate stated in the AED
Manual, divided by one hundred and seventy -six (176), per hour
that the Special Equipment and Machinery is in use on the work
plus any required re -mobilization.
f . The cost calculation shall not combine rates within the range of a
t ime extension. It shall use decimals of the t ime extension rate
that the extension falls under. For example, the cost calculation
for a piece of Special Equipment with an approved delay of forty
five (45) days shall be one and one -half (1.5) months t imes the
monthly rate, not one (1) month at the monthly rate, plus two (2)
weeks at the weekly rate, plus one (1) day at the daily rate.
g. Rental for special equipment and machinery, not already
mobilized to the si te, shall be an amount equal to the appropriate
daily, weekly, or monthly rental rate for such equipment, in
accordance with the current issue of Associated Equipment
Distributors’ (AED) "Compilation of Nationally Averaged Rental
Rates and Model Specifications for Construction Equipment"
(notwithstanding the caveats contained therein that such rental
rates are not for use by government agencies) for each and every
rental period (in weeks, days, or months as applicable) that the
special equipment or machinery is in use on the work plus any
required mobilization. Payment for special equipment and
machinery already mobilized to the si te shall not exceed the
monthly rate stated in the AED standards divided by one hundred
and seventy six (176) to establish a per hour rate that the special
equipment and machinery is in use on the Work, plus any required
re-mobilization.
h. For indirect costs, the Contractor shall be allowed a percentage
mark-up as set forth in Paragraph G. 2 below.
F. Differing Site Conditions
1) The Contractor shall immediately, and before such conditions are
disturbed, notify the Architect/Engineer in writ ing of: (1) subsurface
or latent physical conditions at the si te differing materially f rom
those indicated in the Contract Documents, or (2) unknown physical
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conditions at the si te, of an unusual nature, differing materially from
those ordinarily encountered and generally recognize d as inherent in
work of the character provided for in the Contract .
2) The Architect/Engineer will promptly invest igate the conditions, and
if such conditions materially differ and cause an increase or decrease
in the Contractor 's cost of, or the t ime requi red for, performance of
any part of the work under the Contract , a Contract change may be
made and the Contract modified in writ ing in accordance with the
Contract Documents.
3) No claim of the Contractor under this art icle will be allowed unless
the Contractor has given the notice required in the Contract
Documents.
4) No claim by the Contractor for a Contract change hereunder will be
allowed if asserted after f inal payment under this Contract .
5) If the Owner is not given writ ten notice prior to the conditions being
disturbed, the Contractor will be deemed to have waived his r ight to
assert a claim for addit ional t ime and compensation arising out of
such changed conditions.
G. Force Account
1) If the Owner and the Contractor cannot reach agreement on an
equitable adjustment to the Contract Price for any work as prescribed
above, then the Extra Work will be performed on a Force Account
basis as directed by the Architect/Engineer and paid for as specified
below.
2) The following percentages will be allowed as mark -ups over Direct
Costs for al l negotiated adjustments to the Contract Amount or for
work performed on either a negotiated lump sum basis or a Force
Account basis:
a. Extra Work Performed directly by Contractor 's Own Forces : The
Contractor may add up to a maximum fiftee n percent (15%) mark-
up on the actual Direct Cost of the Extra Work, subject to review
and approval by the Architect/Engineer, as direct compensation
for Overhead. A 10% mark-up will be added to all negotiated
credit amounts for deleted work not performed to cover Overhead.
b. Extra Work Performed by a Subcontractor or any Sub -tier
Subcontractor : The Subcontractor may add up to a maximum
fifteen percent (15%) mark-up on the actual Direct Cost of the
Extra Work as direct compensation for Overhead. The Contract or
may add a five percent (5%) mark-up on the Subcontractor 's actual
Direct Cost as Contractor’s Overhead. A 10% additional credit
will be added to all Subcontractor negotiated credit amounts for
deleted work not performed to cover quali ty control , superv ision,
coordination, overhead, small tools and incidentals.
3) In the event Extra Work is performed on a Force Account basis, then
the Contractor and the Subcontractor(s), as appropriate, shall
maintain i temized daily records of costs, quanti t ies, labor and t he use
of authorized Special Equipment or Machinery. Copies of such
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records, maintained as follows, shall be furnished to the
Architect/Engineer dai ly for approval, subject to audit .
a. Comparison of Record: The Contractor, including i ts Subcon -
tractor(s) of any t ier performing the work, and the Archi -
tect/Engineer shall compare records of the cost of force account
work at the end of each day. Agreement shall be indicated by
signature of the Contractor, the Subcontractor performing the
work, and the Architect/Engineer or their duly authorized
representatives.
b. Statement: No payment will be made for work performed on a
force account basis unti l the Contractor has furnished the
Architect/Engineer with duplicate i temized statements of the cost
of such force account work detailed as follows:
i . Name, classification, date, daily hours , total hours, rate and extension for each laborer, tradesman, and foreman.
i i . Designation, dates, daily hours, total hours, rental rate, and extension of each unit of special machinery an d equipment.
i i i . Quantit ies of materials, prices, and extensions.
iv. Transportation of materials.
The statements shall be accompanied and supported by a receipted invoice of all materials used and transportation charges. However, if materials used on the force a ccount work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certi fying that such materials were taken from i ts stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor.
c. Authorization of Special Equipment and Machinery : No
compensation for special equipment or machinery shall be made
without writ ten authorization from the Architect/Engineer. The
Architect/Engineer shall review and evaluate any special
equipment or machinery proposed by the Contractor for use on a
force account basis. As part of i ts evaluation, the
Architect/Engineer shall determine whether any of th e special
equipment or machinery being proposed by the Contractor will be
concurrently used on the Project , including approved changes, or
on other force account work on the Project . If the
Architect/Engineer determines that such a concurrent use of
special equipment or machinery is being proposed by the
Contractor, prior to the authorization of such special equipment or
machinery, the Archi tect/Engineer and thereto Contractor shall
establish a straight -l ine prorated bil l ing mechanism based on the
actual percentage of t ime that the equipment or machinery is
required to be used on the force account work(s).
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Special equipment or machinery which is approved for use by the
Architect/Engineer shall be reviewed and accounted for on a daily
basis as provided in the Comparison of Record and Statement
paragraphs of this sect ion of the Contract .
d. Inefficiency in the Prosecution of the Work : If in the Owner’s or
Architect/Engineer’s opinion, the Contractor or any of i ts
Subcontractors, in performing Force Account Wo rk, is not making
efficient use of labor, materials or equipment or is proceeding in a
manner which makes Force Account Work unnecessari ly more
expensive to the Owner, the Owner or Architect/Engineer may, in
whole or part , direct the Contractor in the depl oyment of labor,
material and equipment. By way of i l lustration, inefficiency may
arise in the following ways, including but not l imited to: (1) the
t iming of the Work, (2) the use of unnecessary labor or
equipment, (3) the use of a higher percentage of j ourneymen than
in non-force account Work, (4) the failure to procure materials a t
lowest price, or (5) using materials of quali ty higher than
necessary.
H. Contractor Proposals - General
1) The Contractor may at any t ime submit to the Architect/Engineer for
his review proposed modifications to the Contract Documents,
including but not l imited to, changes in the Contract Time and/or
Contract Amount, supported by a cost/price proposal. Upon
acceptance of the proposed modifications by the Owner, a Work
Order or Change Order will be issued. Denial of a proposed
modification will neither provide the Contractor with any basis for
claim for damages nor release the Contractor from contractual
responsibil i t ies. A Contract change in the form of a Contract price
reduction will be made if the change results in a reduction of the cost
of performance and the Contractor will not be enti t led to share in said
savings unless the proposal is made in accordance with Paragraph I of
this art icle. Except as provided in Paragraph I belo w, the Contractor
will not be compensated for any direct , incidental or collateral
benefits or savings the Owner receives as a result of the proposal.
I. Value Engineering Change Proposals: The Contractor may submit to the
Architect/Engineer one or more cost reduction proposals for changing
the Contract requirements. The proposals shall be based upon a sound
study made by the Contractor indicating that the proposal:
a. Will result in a net reduction in the total Contract amount;
b. Will not impair any essential func tion or characterist ic of the Work
such as safety, service l ife, rel iabili ty, economy of operation, ease of
maintenance and necessary standardized features;
c. Will not require an unacceptable extension of the Contract
completion t ime; and
d. Will require a change in the Contract Documents and such change is
not already under consideration by the Owner.
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i . The Owner may accept in whole or in part any proposal submitted
pursuant to the previous paragraph on Value Engineering Change
Proposals by issuing a Change Orde r which will identify the
proposal on which i t i s based. The Change Order will provide for
a Contract change in the Contract price and will revise any other
affected provisions of the Contract Documents. The equitable
adjustment in the Contract price will be established by
determining the net savings result ing from the accepted change.
The net savings result ing from the change will be shared between
the Contractor and the Owner on the basis of 50 percent for the
Contractor and 50 percent for the Owner and w ill be l imited to
one Value Engineering Change Proposal per Change Order. Net
savings will be determined by deducting from the proposal’s
estimated gross savings (1) the Contractor 's costs of developing
and implementing the proposal ( including any amount attr ibutable
to a subcontractor) and (2) the estimated amount of increased
costs to the Owner result ing from the change, such as evaluation,
implementation, inspection, related i tems, and Owner -furnished
material . Estimated gross savings will include Cont ractor 's labor,
material , equipment, overhead, profit and bond. The Contract
price will be reduced by the sum of the Owner 's costs and share of
the net savings. For the purposes of this art icle, the applicable
provisions of the Contract Documents shall be used to determine
the equitable adjustment to the Contract price.
i i . The Owner will not be l iable for delay in acting upon, or for
failure to act upon, any proposal submitted pursuant to of this
art icle. The decision of the Owner as to the acceptance or
rejection of any such proposal under the Contract will be final .
The submission of a proposal by the Contractor will not in i tself
affect the rights or obl igations of ei ther party under the Contract .
i i i . The Contractor shall have the right to withdraw part or al l o f any
proposal he may make under Paragraph 2 of this art icle at any
t ime prior to acceptance by the Owner . Such withdrawal shall be
made in writ ing to the Architect/Engineer . Each such proposal
shall remain valid for a period of 60 days from the date submi tted.
If the Contractor wishes to withdraw the proposal prior to the
expiration of the 60 day period he will be l iable for the cost
incurred by the Owner in reviewing the proposal.
iv. The Contractor shall specifically identify any proposals under
Paragraph 2 of this art icle with the heading "Value Engineering
Change Proposal", or the proposal will be considered as made
under Paragraph 1 of this art icle.
2) The Contractor, in connection with each proposal for a Contract
Change Notice under this art icle, shall furn ish the following
information:
a. A description of the difference between the exist ing Contract
requirement and the proposed change, and the comparative
advantages and disadvantages of each, justif ication when a
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function or characterist ic of an i tem is being altered, and the
effect of the change on the performance of the end i tem;
b. An analysis and i temization of the requirements of the Contract
which must be changed if the Value Engineering Change Proposal
is accepted and a recommendation as to how to make each such
change (e.g. , a suggested specification revision);
c. A separate detailed cost estimate for both the exist ing Contract
requirement and the proposed change to provide an estimate of the
reduction in costs, if any, that will result from acceptance of the
Value Engineering Change Proposal taking into account the costs
of development and implementation by the Contractor;
d. A prediction of any effects the proposed change would have on
collateral costs to the Owner such as government -furnished
property costs, costs of related i tems, and costs of maintenance
and operation;
e. A statement of the t ime by which a Contract modification
accepting the Value Engineering Change Proposal must be issued
so as to obtain the maximum cost reduction, noting any effect on
the Contract completion t ime or delivery schedule; and
f . Identification of any previous submission of the Value
Engineering Change Proposal to the Owner, including the dates
submitted, the numbers of the contracts involved, and the previous
actions by the Owner.
3) The Contractor waives any and all claims relating to any delay that
may arise out of a Value Engineering Change Proposal.
END OF ARTICLE
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11. CLAIMS AND DISPUTES ( Ju n e 1 2 , 2 0 1 2 )
A. Notice of Claims
1) The Contractor will not be enti t led to addit ional t ime or
compensation otherwise payable for any act or failure to act by the
Owner, the happening of any event or occurrence, or any other cause,
unless he shall have given the Architect/Engineer a writ ten notice of
claim therefore as specified in this art ic le.
2) The Contractor shall provide immediate verbal notification with
writ ten confirmation within forty -eight (48) hours of any potential
claims and of the anticipated t ime and/or cost impacts result ing
thereof. The writ ten notice of claim shall set forth the reasons for
which the Contractor believes addit ional compensation and/or t ime
will or may be due, the nature of the costs involved and the
approximate amount of the potential claim.
3) It is the intention of this art icle, that differences between the pa r ties
arising under and by virtue of the Contract shall be brought to the
attention of the Architect/Engineer at the earl iest possible t ime in
order that such matters may be sett led, if possible, or other
appropriate action promptly taken.
4) The notice requirements of this art icle are in addit ion to those
required in other art icles of these Contract Documents.
5) The Contractor shall segregate all costs associated with each
individual claim including but not l imited to labor, equipment,
material , subcontracto r and supplier costs, and all other costs related
to the claim. In the event that the Contractor has multiple claims, the
Contractor will segregate each claim individually including the
respective costs associated with each claim. Failure to segregate
claims and their respective costs will be grounds for the Owner 's
rejection of the claim. No “total cost claims” shall be allowed under
this Contract .
6) The Contractor must maintain a cost accounting system as a condition
for making a claim against the Owner. The cost accounting system
must segregate the costs of the work under the Contract (non -claims-
related) from claims-related and other Contractor costs through the
use of a job cost ledger and be otherwise in compliance with general
accounting principles.
7) If the Owner decides to pay all or part of a claim for which not ice
was not t imely made, the Owner does not waive the right to enforce
the notice requirements in connection with any other claim.
8) Inasmuch as the notice of claim requirements of this art icle are
intended to enable the Architect/Engineer to investigate while facts
are fresh and to take action to minimize or avoid a claim which might
be fi led thereafter, the Contractor 's fai lure to make the required
notice on t ime is l ikely to disadvantage the O wner. Therefore, a
claim that does not comply with the notice requirements above shall
not be considered unless the Contractor submits with his claim proof
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showing that the Owner has not been prejudiced by the Contractor 's
fai lure to so comply and, in the event the Owner has been prejudiced
by the Contractor 's fai lure to submit a t imely notice of claim, the
Owner will reduce any equitable adjustment claimed by the
Contractor to reflect the damage.
B. Claim Submittals
1) Claims or requests for equitable adjustme nts fi led by the Contractor
shall be fi led in full accordance with this art icle no later than 30
calendar days after the act giving rise to the claim and in sufficient
detail to enable the Owner to ascertain the basis and amount of said
claims. In the case of continuing or on -going claim events, the
Contractor shall be allowed to periodically amend his claim to more
accurately reflect the impact of said claim, unti l the end of the claim
event. No claims for addit ional compensation, t ime extension or for
any other relief under the Contract shall be recognized, processed, or
treated in any manner unless the same is presented in accordance with
this Article. Failure to present and process any claim in accordance
with this Article shall be conclusively deemed a waiver, abandonment
or relinquishment of any such claim, i t being expressly understood
and agreed that the t imely presentation of claims, in sufficient detail
to allow proper investigation and prompt resolution thereof, is
essential to the administration of this Contract .
2) The Owner will review and evaluate the Contractor 's claims. It will
be the responsibil i ty of the Contractor to furnish, when requested by
the Architect/Engineer, such further information and details as may
be required to determine the facts or contentions involved in his
claims. The cost of claims preparation or Change Order negotiations
shall not be reimbursable under this Contract .
3) Any work performed by the Contractor prior to Notice -to-Proceed
(NTP) shall not be the basis for a claim from the Contractor of any
kind.
4) Each claim must be cert if ied by the Contractor as required by the
Miami-Dade Code, False Claims Act (see Code Section 21 -255, et
seq.) , and accompanied by all materials required by Miami -Dade
County Code Section 21 -257. A "certif ied claim" shall be made
under oath by a person duly authorized by the claimant, and shall
contain a statement that:
a. The claim is made in good faith;
b. The claim's supporting data is accurate and complete to the best of
the person's knowledge and beli ef;
c. The amount of the claim accurately reflects the amount that the
claimant believes is due from the Owner; and
d. The certifying person is duly authorized by the claimant to cert ify
the claim.
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5) In order to substant iate t ime -related claims (delays, disruptions,
impacts, etc.) , the Contractor shall , i f applicable and as determined
by the Owner, submit, in tr iplicate, the following information:
a. Copy of Contractor 's notice of claim in accordance with this
art icle. Failure to submit the notice is sufficient groun ds to deny
the claim.
b. The approved, as -planned Schedule in accordance with the
applicable section of the Contract Documents and computer
storage media, if applicable.
c. The as-buil t Schedule reflecting changes to the approved
schedule up to the t ime of the impact in question and computer
storage media if applicable.
d. The basis for the duration of the start and finish dates of each
impact activity and the reason for choosing the successor and
predecessor events affected in the schedule shall be explained.
Also, the basis for the duration of any lead/lags inserted into the
schedule and the duration in related activity duration shall be
explained.
e. A marked-up as-buil t Schedule indicating the causes responsible
for changes between the as -planned and as -buil t schedule and
establishing the required cause and effect relationships.
f . After indicating specific t ime related changes on the as -buil t
schedule, the documentation must be segregated into separate
packages with each package documenting a specific duration
change identified previously. This documentation package shall
include Change Orders, Change Notices, Work Orders , writ ten
directions, meeting minutes, etc. , related to the change in
duration.
g. Any loss of efficiency, acceleration, disruption and loss of
productivity claims shall be compensated as part of the
Liquidated Indirect Costs paid for compensable, excusable delays
and mark-up on Direct Cost of changes as allowed by the
Contract . Total cost and modified total cost claims will not be
accepted and the Contractor agrees to waive the right to seek
recovery by these methods. The claimed delay shall not result
from a cause specified in the Contract Documents as a non -
excusable delay.
h. The Contractor assumes all r isk for the following i tems, none of
which shall be the subject of any claim and none of which shall
be compensated for except as they may have been included in the
compensation described under Liquidated Indirect Costs: (1)home
office expenses or any Direct Costs incurred allocat ed from the
headquarters of the Contractor; (2)loss of anticipated profits on
this or any other project , (3) loss of bonding capacity or
capabil i ty; (4) losses due to other projects not bid upon; (5)loss
of business opportunit ies; (6)loss of productivity on this or any
other project; (7)loss of interest income on funds not paid;
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(8)costs to prepare, negotiate or prosecute claims and (9)costs
spent to achieve compliance with applicable laws and ordinances
(excepting only sales taxes paid shall be reimbursable expense
subject to the provisions of the Contract Documents).
i . All non-time-related claim items for addit ional compensation for
Direct Costs shall be properly documented and supported with
copies of invoices, t ime sheets, rental agreements, crew sheets and
the l ike.
j . Cost information shal l be submitted in suff icient detail to allow
for review. The basis for the budgeted or actual costs shall
include man-hours by trade, labor rates, material and equipment
costs etc. These costs shall be broken down by pay i tem and
Construct ion Specification Insti tute (CSI) Division.
k. The documentation for budgeted cost shall , as a minimum,
include:
i . Copies of al l the Contractor 's bid documents , bid quotes, faxed
quotes, etc.
i i . Copies of al l executed subcontracts.
i i i . Other related budget documents as requested by the
Architect/Engineer.
l . The documentation for actual cost shall , as a minimum, include:
i . Time Sheets.
i i . Materials invoices
i i i . Equipment invoices
iv. Subcontractors’ payments
v. Other related documents as required by the Architect/Engineer.
m. The Contractor shall make all his books, employees, work si tes
and records available to the Owner or i ts representatives for
inspection and audit .
n. No payment shall be made to the Contractor by the Owner for loss
of anticipated profit(s) from any deleted work.
6) As indicated above, the Architect/Engineer and the Field
Representative shall be allowed full and complete access to all
personnel, documents , work si tes or other information reasonably
necessary to investigate any claim. Within sixty (60) days after a
claim has been received, the claim shall ei ther be rejected with an
explanation as to why i t was rejected or acknowledged. Once the
claim is acknowledged, the parties shall at tempt to negotiate a
satisfactory sett lement of the claim, which sett lement shall be
included in a subsequent Work Order or Change Order. If the parties
fail to reach an agreement on a recognized claim, the Owner shall pay
to the Contractor the amount of money i t deems reasonable, less any
appropriate retention, to compensate the Contractor for the
recognized claim.
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7) Failure of the Contractor to make a specific reservation of rights
regarding any such disputed amounts in the body of the Change Order
which contains the payment shall be construed as a waiver,
abandonment, or relinquishment of al l claims for addit ional monies
result ing from the claims embodied in said Change Order. However,
once the Contractor has properly reserved rights to any claim, no
further reservations of rights shall be required and the Contractor
shall not be required to repeat the reservation in any subsequent
change order. Prior reservation of rights may however be modified,
by express reference, in subsequent change orders. Notwithstanding
the aforementioned, at the t ime of final payment under the Contract ,
the Contractor shall specify all claims which have been denied and all
claims for which rights have been reserved in accordance with this
section. Failure to so specify any particular claim shall be
constructed as a waiver, abandonment, or relinquishment of such
claim.
C. Disputes
1) The following provisions shall govern disputes under this Contract
unless the Special Provisions to this Contract contain the requirement
for the use of an alternate dispute resolution method. For example,
for large projects of great complex ity, a Dispute Review Board
(DRB) may be employed by the Owner to sett le disputes in l ieu of the
Department Director or OOM designee as specified below. In this
case, the DRB alternative shall be specified by the individual
department in the Special Provi sions and, if uti l ized, shall supersede
this dispute provision.
a. In the event the Contractor and Owner are unable to resolve their
differences concerning any determinat ion made by the
Architect/Engineer or Owner on any dispute or claim arising under
or relating to the Contract (referred to in this Section as a
“Dispute”), ei ther the Contractor or Owner may init iate a dispute
in accordance with the procedure set forth in this art icle.
Exhaustion of these procedures shall be a precondition to any
lawsuit permitted hereunder.
b. For contracts with a value of $5 mill ion or less, al l Disputes under
this Contract shall be decided by the Department Director or his
designee. For contracts valued at more than $5 mill ion, Disputes
shall be decided by a designee appointed by the Office of the
Mayor (OOM). Decisions rendered by the Department Director or
OOM designee shall not be binding but shall be admissible in a
court of competent jurisdiction.
c. As soon as practicable, the Department Director or OOM designee
shall adopt a schedule for the Contractor and Owner to fi le writ ten
submissions stating their respective posi t ions and the bases
therefore. The writ ten submissions shall include copies of all
documents and sworn statements in affidavit form from all
witnesses relied on by each party in support of i ts posit ion.
Within 20 working days of the date on which such writ ten
submissions are fi led, the Department Director or OOM designee
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shall afford each party an opportunity to present a maximum of
one hour of argument. The Department Director or OOM designee
may decide the Dispute on the basis of the affidavits and other
writ ten submissions if , in his opinion, there is no issue of material
fact and the party is enti t led to a favorable resolution pursuant to
the terms of this Contract . As part of such decision, the
Department Director or OOM designee shall determine the
t imeliness and sufficiency of each notice of claim and claim at
issue as provided in this art icle. The Department Director or
OOM designee shall have the au thority to rule on questions of
law, including disputes over contract interpretation, and to resolve
claims, or portions of claims, via summary judgment where there
are no disputed issues of material fact . Furthermore, the
Department Director or OOM designee is authorized by both
parties to strike elements of claims seeking relief or damages not
available under the contract (such as, but not l imited to, claims
for lost profits, off -si te overhead, loss of efficiency or
productivity claims or claim’s prepara t ion costs) by summary
disposit ion.
d. In the event that the Department Director or OOM designee
determines that the aff idavits or other writ ten submissions present
issues of material fact, he shall al low the presentation of evidence
in the form of lay or expert test imony directed solely to the issues
which he may specifically identify to require factual resolution.
The testimonial portion of the process shall not exceed one day in
duration per side, including opening statements and closing
arguments, if al lowed by the Department Director or OOM
designee at his reasonable discretion.
e. No formal discovery shall be allowed in connection with any
proceeding under this art icle. Notwithstanding the foregoing,
both parties agree that al l of the audit , document inspe ction,
information and documentation requirements set forth elsewhere
in this contract shall remain in force and effect throughout the
proceeding. The Department Director or OOM designee shall not
schedule the hearing unti l both parties have made all their
respective records available for inspection and reproduction and
the parties have been afforded reasonable t ime to analyze the
records. The continued failure of a party to comply with the
document inspection, examination, or submission requirements set
forth in this contract shall consti tute a waiver of that party’s
claims and/or defenses, as applicable. Hearsay evidence shall be
admissible but shall not form the sole basis for any finding of
fact . Failure of any party to participate on a t imely basis, to
cooperate in the proceedings, or to furnish evidence in support or
defense of a claim shall be a cri teria in determining the
sufficiency and validity of a claim.
f . The Department Director or OOM designee shall issue a writ ten
decision within 15 working days after conclusion of any
testimonial proceeding and, if no testimonial proceeding is
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conducted, within 45 days of the fi l ing of the last writ ten
submission. This wri t ten decision shall set forth the reasons for
the disposit ion of the claim and a breakdown of any specific
issues or subcontractor claims. As indicated previously, the
decision of the Department Director or OOM designee is not
binding on the parties, but will be admissible in a court of
competent jurisdiction.
g. If ei ther party wishes to protes t the decision of the Department
Director or OOM designee, such party may commence an action in
a court of competent jurisdiction, within the periods prescribed by
law, i t being understood that the review of the court shall be
l imited to the question of whether or not the Department Director
or OOM designee’s determination was arbi trary and capricious,
unsupported by any competent evidence, or so grossly erroneous
to evidence bad faith.
h. Pending final decision of a dispute hereunder, the Contractor shall
proceed dil igently with the performance of the Contract and in
accordance with the Architect/Engineer 's interpretation. Any
presentation or request by the Contractor under this art icle will be
subject to the same requirements for Submittal of Claims in this
art icle.
D. Terminations
1) Termination for Convenience
a. The Owner may at i ts option and discretion terminate the
Contract , in whole or, from time to t ime in part , at any t ime
without any default on the part of the Contractor by issuing a
writ ten Notice of Termina tion to the Contractor and i ts Surety,
specifying the extent to which performance of work under the
Contract is terminated and the date upon which such termination
becomes effective, at least ten (10) days prior to the effective date
of such termination.
b. In the event of Termination for Convenience, the Owner shall pay
the Contractor for al l labor performed, al l materials and
equipment furnished by the Contractor and i ts Subcontractors,
materialmen and suppl iers and manufacturers of equipment less all
part ial payments made on account prior to the date of cancellation
as determined by the Field Representative and approved by the
Architect/Engineer. The Contractor will be paid for:
i . The value of al l work completed under the Contract , based
upon the approved Schedule of Values and/or Unit Prices,
i i . The value of al l materials and equipment delivered to but not
incorporated into the work and properly stored on the si te,
i i i . The value of al l bonafide irrevocable orders for materials and
equipment not delivered to the construction si te as of the date
of cancellation. Such materials and equipment must be
delivered to the Owner to a si te or location desig nated by the
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Department prior to release of payment for such materials and
equipment.
iv. The values calculated under i . , i i . and i i i . above shall be as
determined by the Field Representative and approved by the
Architect/Engineer.
c. In the event of termination under this art icle, the Contractor shall
not be enti t led to any anticipated profits for any work not
performed due to such termination.
d. In the event of termination under this art icle, the Owner does not
waive or void any credits otherwise due the Owner at the t ime of
termination, including Liquidated Damages, and back charges for
defective or deficient work.
e. Upon termination as indicated above, the Field Representative
shall prepare a cert if icate for Final Payment to the Contractor.
2) Termination for Default of Contractor
a. The Contract may be terminated in whole or , from time to t ime in
part , by the Owner for failure of the Contractor to comply with
any requirements of the Contract Documents including but not
l imited to:
i . Failure to perform the work or failure to provide sufficient
workers, equipment or materials to assure completion of
work in accordance with the terms of t he Contract , and the
approved Schedule, or
i i . Failure to provide the Schedule for the Project by the date
due, or
i i i . Failure to provide adequate shop drawings by the dates
indicated in the approved Schedule for the Project , or
iv. Failure to replace the superintendent in the time allotted, if
required, or
v. Performing the work unsuitably or neglecting or refusing to
remove materials or to perform anew such work as may be
rejected as unacceptable and unsuitable, after writ ten
directions from the Field Representative, o r
vi . Violating the terms of the Contract or performing work in
bad faith, or
vii . Discontinuing the prosecution of the work, or
vii i . Failure to resume work which has been discontinued within
a reasonable t ime after notice to do so, or
ix. Abandonment of the Contract , or
x. Becomes insolvent or is declared bankrupt, or commits any
act of bankruptcy or insolvency, or failure to maintain a
qualifier, or
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xi. Allowing any final judgment to stand against him
unsatisfied for a period of 10 days, or
xii . Making an assignment for the benefi t of creditors, or
xii i . For any other cause whatsoever , fai ls to carry out the work
in an acceptable manner or to comply with any other
Contract requirement.
b. Before the Contract is terminated, the Contractor and i ts Surety
will be notified in writ ing by the Architect/Engineer or the Field
Representative of the conditions which make termination of the
Contract imminent. The Contract will be terminated by the Owner
ten (10) days after said notice has been given to the Contractor
and i ts Surety unless a satisfact ory effort acceptable to the Owner
has been made by the Contractor or i ts Surety to correct the
conditions. If the Contractor fails to satisfactori ly correct the
conditions giving rise to the termination, the Owner may declare
the Contract breached and send a writ ten Notice of Termination to
the Contractor and i ts Surety.
c. The Owner reserves the right, in l ieu of termination as set forth in
this art icle, to withhold any payments of money which may be due
or become due to the Contractor unti l the said defau lt(s) have
been remedied. In the event of Termination for Default , the Owner
also reserves the right , in cases where the damages calculated by
the Owner are expected to exceed the amount the Owner
anticipated recovering from the Surety, to withhold amounts for
work already performed.
d. In the event the Owner exercises i ts r ight to terminate the
Contract for default of the Contractor as set forth herein, the
Owner shall have the option of finishing the work, through any
means available to the Owner, or having the Surety complete the
Contract in accordance with i ts terms and conditions. In case that
the Owner decides to have the Surety take over the remaining
performance of the Work, the t ime or delay between Notice of
Default and start of work by the Surety is a non-excusable delay.
If the Surety fails to act promptly, but no longer than thirty (30)
calendar days after the Owner notifies the Surety of the Owner’s
decision to have the Surety complete the work, or after such
takeover fails to prosecute the Work in an expedit ious manner, the
Owner may exercise any of i ts other options including completing
the Work by whatever means and method i t deems advisable. No
claims for loss of ant icipated profits or for any other reason in
connection with the termination o f the Contract shall be
considered.
e. Payments for the various Bid Items l isted in the Bid Form will
consti tute full compensation for al l expenses incurred in
consequence of discontinuance of al l or any portion of the Work
except as provided in this section of the Contract Documents. In
no event will compensation be made for anticipatory profits or
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consequential damages as a result of a discontinuance of al l or any
portion of the Work.
f . The Contractor shall immediately upon receipt communicate any
Notice of Termination for Default issued by the Owner to the
affected Subcontractors and suppliers at any t ier.
g. If , after Notice of Termination of the Contractor 's r ight to proceed
under the provisions of this art icle, it is determined for any reason
that the Contractor was not in default under the provisions of this
art icle, or that the Contractor was enti t led to an extension of t ime
under the Contract Documents, the rights and obligations of the
parties shall be the same as if the Notice of Termination had been
issued pursuant to the section of this art icle dealing with
Termination for Convenience.
3) Termination for National Emergencies
a. The Owner shall terminate the Contract or portion thereof by
writ ten notice when the Contractor is prevented from proceeding
with the construction Contract as a direct result of an Executive
Order of the President of the United States with respect to the
prosecution of war or in the interest of national defense.
b. When the Contract , or any portion thereof, is terminated before
completion of all i tems of work in the Contract , payment will be
made for the actual number of units or i tems of work completed at
the Contract price or as mutually agreed for i tems of work
partial ly completed or not started. No claims or loss of
anticipated profits or for any other reason in connection with the
termination of the Contract shall be considered.
4) Implementation of Termination
a. If the Owner cancels or terminates the Contract or any portion
thereof, the Contractor shall stop all work on the date and to the
extent specified in the Notice of Termination and shall :
i . Cancel al l orders and Subcontracts, to the extent that they
relate to the performance of the work terminated and which
may be terminated without costs;
i i . Cancel and sett le other orders and Subcontrac ts, except as
may be necessary for completion of such portion of the
Work not terminated, where the cost of settlement will be
less than costs which would be incurred were such orders
and subcontracts to be completed, subject to prior approval
of the Field Representative;
i i i . Settle outstanding l iabil i t ies and claims arising out of such
termination of orders and subcontracts, with the approval or
ratif ication of the Owner , to the extent i t may require,
which approval or ratif ication shall be final for the
purposes of this Article;
iv. Transfer ti t le and deliver to the Owner, in the manner , at
the t ime, and to the extent, if any, directed by i t , in
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accordance with directions of the Field Representative, al l
fabricated or un-fabricated parts, al l materials, supplies ,
work in progress, completed work, facil i t ies, equipment,
machinery or tools acquired by the Contractor in
connection with the performance of the work and for which
the Contractor has been or is to be paid;
v. Assign to the Owner in the manner, at the t imes and to the
extent directed by i t , al l of the right, t i t le, and interest of
the Contractor under the orders and subcontracts so
terminated, in which case the Owner will have the right, at
i ts discretion, to sett le or pay any or all claims arising out
of the termination of such orders and subcontracts;
vi . Deliver to the Field Representative As -Built Documents,
complete as of the date of cancellation or termination,
plans, Shop Drawings, sketches, permits, cert if icates,
warranties, guarantees, specifications, th ree (3) complete
sets of maintenance manuals, pamphlets, charts, parts lists,
spare parts ( if any), operating instruc tions required for al l
installed or finished equipment or machinery, and all other
data accumulated by the Contractor for use in the
performance of the work.
vii . Perform all work as may be necessary to preserve the work
then in progress and to protect materials, plant and
equipment on the si te or in transit thereto. The Contractor
shall also take such action as may be necessary, or as the
Architect/Engineer may direct , for the protection and
preservation of the property related to this Contract which
is in the possession of the Contractor and in which the
Owner has or may acquire an interest .
vii i . Complete performance of each part of the work not
terminated by the Notice of Termination;
ix. Use his best efforts to sell , in the manner, at the t ime, to
the extent, and at the price or prices directed or authorized
by the Owner, property of the types referred to above;
provided, however, that the Contractor (a) shall not be
required to extend credit to any purchaser, and (b) may
acquire any such property under the condi tions prescribed
by and at a price or prices approved by the Owner;
provided, further, that the proceeds of any such transfer or
disposit ion will be applied in reduction of any payments to
be made by the Owner to the Contractor under this Contract
or will otherwise be credited to the price or cost of the
work covered by this Contract or paid in such other manner
as the Owner may direct;
x. Termination of the Contract or a portion thereof shall
neither relieve the Contractor of i ts responsibil i t ies for the
completed work nor shall i t rel ieve i ts Surety of i ts
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obligation for and concerning any just claim arising out of
the work performed.
xi . In arriving at the amount due the Contractor under this
art icle, there will be deducted, (1) any claim which the
Owner may have against the Contractor in connection with
this Contract and (2) the agreed price for, or the proceeds
of sale of materials, supplies or o ther i tems acquired by the
Contractor or sold, pursuant to the provisions of this
art icle, and not otherwise recovered by or credited to the
Owner.
5) Suspension of Work
a. The Owner reserves the right to temporarily suspend execution of
the whole or any part of the Work without compensation to the
Contractor.
b. In case the Contractor is actually and necessari ly delayed by any
act or omission on the part of the Owner, as determined by the
Owner in writ ing, the t ime for completion of the Work shall be
extended by the amount of the t ime of such delay as determined
by the Owner, and an allowance may be made for actual direct
costs, if any, which may have been borne by the Contractor. Such
requests for addit ional t ime and/or compensation must be made in
accordance with the applicable sections of the Contract
Documents.
c. Only the actual delay necessari ly result ing from the causes
specified in this Article, shall be grounds for extension of t ime. In
case the Contractor is delayed at any t ime or for any period by
two or more of the causes specified in this Article, the Contractor
shall not be enti tled to a separate extension for each one of the
causes but only one period of extension will be granted for the
delay.
d. In case the Contractor is actually and necessari ly delayed in the
performance of the Work from one or more of the causes specified
in this Article, the extension of t ime to be granted to the
Contractor shall be only for such portion of the Work so delayed.
The Contractor shall not be enti t led by reason of such del ay to an
extension of t ime for the completion of the remainder of the
Work. If the Contractor shall be so delayed as to a portion of the
Work he shall nevertheless proceed continuously and dil igently
with the prosecution of the remainder of the Work. No de mand by
the Contractor that the Owner determine and cert ify any matter of
extension of t ime for the completion of the Work or any part
thereof will be of any effect whatsoever unless the demand be
made in writ ing at least 30 days before the completion date of the
Work or any part thereof for which Liquidated Damages are
established when meeting those dates is claimed to have been
delayed by a suspension under this Article. Owner 's determination
as to any matter of extension of t ime for completion of the Wor k
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or any part thereof shall be binding and conclusive upon the
Contractor.
e. Permitt ing the Contractor to finish the Work or any part thereof
after the t ime fixed for completion or after the date to which the
t ime for completion may have been extended or th e making of
payments to the Contractor after any such periods shall not
operate as a waiver on the part of the Owner of any rights under
this contract .
f . The Contractor shall insert in each subcontract a provision that
the Subcontractor shall comply immedia tely with a writ ten order
of the Owner to the Contractor to suspend the Work, and that they
shall further insert the same provision in each subcontract of any
t ier.
END OF ARTICLE
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12. MISCELLANEOUS PROVISIONS ( Ju n e 1 2 , 2 0 1 2 )
A. Third Party Beneficiary
No contractual relationship will be recognized under the Contract other
than the contractual relationship between the Owner and the Contractor.
There shall be no third party beneficiary to this Contract .
B. Venue
Any li t igation which may arise out of this Con tract shall be commenced
either in the Eleventh Judicial Circuit Court in and for Miami -Dade
County, Florida, or in the United States District Court , Southern District
of Florida.
C. Governing Laws
1) The Contractor shall , during the term of this Contract and in the
prosecution of the work, be governed by the statutes, regulatory
orders, ordinances and procedures of the United States of America,
the State of Florida and Miami - Dade County including but not
l imited to the Florida Building Code and the provisions o f the Code
of Miami-Dade County governing Community Small Business
Enterprises (CSBEs) as applicable.
2) Specifically, the Contractor and his Subcontractors shall comply with
Miami-Dade County Resolution Nos. R -1386-09 and R-138-10
governing the treatment of CSBE firms.
3) In addit ion the Contractor agrees to abide by all federal , state, and
County procedures, as may be amended from time to t ime, regarding
how documents to which the Contractor has access are handled,
copied, and distributed, part icularly docume nts that contain sensitive
security information.
D. Successors and Assigns
The Owner and the Contractor each bind themselves, their partners,
successors, assigns and legal representatives to the other party hereto and
to the partners, successors, assigns and legal representatives of such other
party in respect to all covenants, agreements and obligations contained in
the Contract Documents. The Contractor shall not assign the Contract or
sublet i t as a whole without the writ ten consent of the Owner, nor shall the
Contractor assign any moneys due or to become due the Contractor
hereunder, without the previous writ ten notice to the Owner. Consent will
not be given to any proposed assignment which would relieve the
Contractor or his Surety of their responsibil i t i es under the Contract .
E. Written Notice
1) Written notice to the Contractor shall be deemed to have been duly
served if delivered in person to the individual or member of the firm
or to any officer of the corporation for whom it was intended or if
delivered at or sent by registered or cert if ied mail to the last business
address known to those who give the notice.
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2) Written notice to the Owner shall be deemed to have been duly served
if delivered in person, delivered at or sent by registered or cert if ied
mail to the individual identified in the Special Provisions.
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F. Indemnification
1) In consideration of this Agreement, and to the maximum extent
permitted by Chapter 725, Florida Statutes, as may be amended, the
Contractor agrees to indemnify, protect , defend, and hold h armless the
Government, State, County, their elected officials, officers, employees,
consultants, and agents from claims, l iabil i t ies, damages, losses , and
costs including, but not l imited to reasonable attorney’s fees at both
the tr ial and appellate level s to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Contractor and
other persons employed or uti l ized by the Contractor in the
performance of the Work.
2) The indemnification obligation under this clause shall not be l imited in
any way by any l imitation on the amount or type of damages,
compensation, or benefits payable by or for the Contractor and/or any
Subcontractor under worker’s compensation acts, disabil i ty benefit
acts, or other employee benefit acts.
3) In the event that any claims are brought or actions are fi led against the
Owner with respect to the indemnity contained herein, the Contractor
agrees to defend against any such claims or actions regardless of
whether such claims or actions are rightfully or wrong fully brought or
f i led. The Contractor agrees that the Owner may select the attorneys to
appear and defend such claims or actions on behalf of the Owner. The
Contractor further agrees to pay at the Contractor 's expense the
attorneys’ fees and costs incu rred by those attorneys selected by the
Owner to appear and defend such claims or actions on behalf of the
Owner. The Owner, at i ts sole option, shall have the sole authority for
the direction of the defense, and shall be the sole judge of the
acceptabil i ty of any compromise or sett lement of any claims or actions
against the Owner.
4) To the extent this indemnification clause or any other indemnification
clause in this Agreement does not comply with Chapter 725, Florida
Statutes, as may be amended, this provis ion and all aspects of the
Contract Documents shall hereby be interpreted as the parties’
intention for the indemnification clauses and Contract Documents to
comply with Chapter 725, Florida Statutes, as may be amended.
5) This Section shall survive expirat ion or termination of this Agreement.
G. Audit Rights
1) Access to Records
a. The Contractor shall , during the term of this Contract and for a
period of five years thereafter, al low the Owner and i ts duly
authorized representa tives to inspect al l payroll records, invoices for
materials, books of account, job cost ledgers, Project correspondence
and Project -related fi les and all relevant records pertinent to the
Contract .
b. The Owner retains the right to audit accounts and access all f iles,
correspondence and documents in reference to all work performed
under this Contract . The Owner shall be provided full access upon
request to all documents, including those in possession of
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Subcontractors or suppliers during the work and for a period of f ive
years after the completion of the Work. In case of any l i t igat ion
regarding this Project , such rights shall extend unti l f inal sett lement
of such l i t igation. Failure to allow the Owner access shall be deemed
a waiver of Contractor 's claims.
c. The Contractor shall maintain a banking account within Miami -Dade
County for al l payments to laborers, Subcontractors and vendors
furnishing labor and materials under this Contract . All records shall
be maintained in Miami -Dade County for the term of this Contract .
2) Inspector General
a. According to Section 2 -1076 of the Code of Miami -Dade County,
Miami-Dade County has established the Office of the Inspector
General ( IG) which may, on a random basis, perform audits,
inspections, and reviews of all , on any County/Trust contracts,
throughout the duration of said contracts. This random audit is
separate and dist inct from any other audit by the County. To pay for
the functions of the Office of the Inspector General , any and all
payments to be made to the Contractor under this contract will be
assessed one quarter (1/4) of one (1) percent of the total amount of
the payment, to be deducted from each progress payment as the same
becomes due unless this Contract is federally or state funded where
federal or state law or regulations preclude such a charge or where
such a charge is otherwise precluded by Special Condition. The
Contractor shall , in stating i ts agreed prices, be mindful of this
assessment which will not be separately identified, calculated or
adjusted in the proposal or Bid Form.
b. The Miami-Dade Office of the Inspector General is authorized to
investigate County affairs and empowered to review past , present and
proposed County and Public Health Trust programs, accounts,
records, contracts and transactions. In addit ion, the Inspector
General has the power to subpoena witnesses, administer oaths,
require the production of witnesses and monitor exist ing Projects and
programs. Monitoring of an exist ing Project or program may include
a report concerning whether the Project is on t ime, within budget and
in conformance with the Contract Documents and applicable law.
The Inspector General shall have the power to audit , investigate,
monitor, oversee, inspect and review operations, activit ies,
performance and procurement process including but not l imited to
Project design, bid specifications, (bid/proposal) submittals,
activit ies of the (Contractor/ Vendor/ Consultant) , i ts officers, agents
and employees, lobbyists, County and Public Health Trust staff and
elected officials to ensure compliance wi th the Contract Documents
and to detect fraud and corruption.
c. Upon ten (10) days writ ten notice to the Contractor, the Contractor
shall make all requested records and documents available to the
Inspector General for inspection and copying. The Inspector General
is empowered to retain the services of independent private sector
inspectors general to audit , investigate, monitor, oversee, inspect and
review operations, activit ies, performance and procurement process
including but not l imited to Project design, bid specifications,
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(bid/proposal) submittals, activit ies of the (Contractor/ Vendor/
Consultant) , i ts officers, agents and employees, lobbyists, County
staff and elected officials to ensure compliance with the Contract
Documents and to detect fraud and corruption.
d. The Inspector General shall have the right to inspect and copy all
documents and records in the (Contractor/Vendor/Consultant 's)
possession, custody or control which in the Inspector General 's sole
judgment, pertain to performance of the contrac t , including, but not
l imited to original estimate fi les, change order estimate f i les,
worksheets, proposals and agreements from and with successful
subcontractors and suppliers, al l Project -related correspondence,
memoranda, instructions, f inancial docume nts, construction
documents, (bid/proposal) and contract documents, back -change
documents, al l documents and records which involve cash, trade or
volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records and suppor ting documentation for the
aforesaid documents and records.
e. The Contractor shall make available at i ts office at al l reasonable
t imes the records, materials, and other evidence regarding the
acquisit ion (bid preparation) and performance of this contract , f or
examination, audit , or reproduction, unti l three (3) years after f inal
payment under this contract or for any longer period required by
statute or by other clauses of this contract . In addit ion:
i . If this contract is completely or par t ial ly terminated, t he
Contractor shall make available records relating to the work
terminated unti l three (3) years after any result ing final
termination sett lement ; and
i i . The Contractor shall make available records relating to appeals or
to l i t igation or the sett lement of cla ims arising under or relating
to this contract until such appeals, l i t igation, or claims are finally
resolved.
f . The provisions in this section shall apply to the
(Contractor/Vendor/Consultant) , i ts officers, agents, employees,
subcontractors and suppliers. The (Contractor/Vendor/Consultant)
shall incorporate the provisions in this section in all subcontracts and
all other agreements executed by the (Contractor/Vendor/Consultant)
in connection with the performance of this contract .
g. Nothing in this section shall impair any independent right to the
Owner to conduct audits or investigative activit ies. The provis ions
of this section are neither intended nor shall they be construed to
impose any l iabil i ty on the Owner by the
(Contractor/Vendor/Consultant) or thir d par ties.
H. Severabil i ty
1) In the event any art icle, section, sub -art icle, paragraph, sentence, clause
or phrase contained in the Contract Documents shall be determined,
declared or adjudged invalid, i l legal, unconsti tutional or otherwise
unenforceable, such determination, declaration or adjudication shall in
no manner affect the other art icles, sections, sub -art icles, paragraphs,
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sentences, clauses or phrases of the Contract Documents, which shall
remain in full force and effect as if the art icle, section, su b-art icle,
paragraph, sentence, c lause or phrase declared, determined or adjudged
invalid, i l legal, unconsti tutional or otherwise unenforceable was not
originally contained in the Contract Documents.
I. Payment and Performance Bond
1) A single instrument Payment and Performance Bond, satisfactory to the
Owner, for twice the penal sum (no less than 100% of the total maximum
contract amount for payment -related issues and 100% of the total
maximum contract amount for performance -related issues), shall be
required of the Contractor.
a. The bond shall be writ ten through surety insurers authorized to do
business in the State of Florida as Surety, with the following
qualifications as to management and financial strength according to
the latest edit ion of Best 's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey:
Bond (Total Contract) Amount Best's Rating
$500,001 to $1,500,000 ...................................... B V
$1,500,001 to $2,500,000 ..................................... A VI
$2,500,001 to $5,000,000 ................................... A VII
$5,000,000 to $10,000,000 .................................. A VIII
Over $10,000,000 ........................................................... A IX
2) On Contract amounts of $500,000 or less, the Bond provisions of Section
287.0935, Florida Statutes shall be in effect and surety companies not
otherwise qualifying with this paragraph may optionally qualify by:
a. Providing evidence that the surety has twice the minimum surplus and
capital required by the Florida Insurance Code at the t ime the
Invitation to Bid is issued.
b. Certifying that the surety is otherwise in com pliance with the Florida
Insurance Code, and
c. Providing a copy of the currently valid Certif icate of Authority
issued by the United States Department of Treasury under 31 U.S.C.
9304-9308.
Surety insurers shall be l isted in the latest Circular 570 of the U.S.
Department of the Treasury enti t led "Surety Companies Accept able on
Federal Bonds", published annually. The Bond amount shall not exceed
the underwrit ing l imitations as shown in this circular.
3) For Contracts in excess of $500,000 the provisions of the Contract
Documents will be adhered to, plus the surety insurer must have been
l isted on the U.S. Treasury l ist for at least three consecutive years, or
currently hold a valid Certif icate of Authority of at least 1.5 mill ion
dollars and l isted on the Treasury l ist .
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4) Payment and Performance Bonds guaranteed through U.S. Government
Small Business Administration or Contractors Training and Development
Inc. will also be acceptable.
5) The attorney-in-fact or other officer who signs a Payment and
Performance Bond for a surety company must f i le with such Bond a
cert if ied copy of his/her power of at t orney authorizing him/her to do so.
6) The cost of the Bonds shall be included in the Bid.
7) The required Bond shall be writ ten by or through and shall be
countersigned by, a l icensed Florida agent of the surety insurer, pursuant
to Section 624.425 of the Florida Statutes.
8) The Bond shall be delivered to the Contracting Officer in accordance
with the instructions within the Notice of Award.
9) In the event the Surety on the Payment and Performance Bond given by
the Contractor becomes insolvent, or is placed in the hands of a receiver,
or has i ts r ight to do business in i ts State of domicile or the State of
Florida suspended or revoked as provided by law, the Owner shall
withhold all payments under the provisions of these Contract Documents
unti l the Contractor has given a good and sufficient Bond in l ieu of Bond
executed by such Surety.
10) Cancellation of any bond, or non -payment by the Contractor of any
premium for any Bond required by this Contract shall consti tute a breach
of this Contract . In addit ion to any other legal remedies, the Owner at
i ts sole option may terminate this Contract or pay such premiums, and
deduct the costs thereof from any amounts that are or may be due to the
Contractor.
J . Insurance
The Contractor shall maintain the insurance set forth in the S pecial
Provisions throughout the performance of this Contract unti l the Work has
been completed by the Contractor and accepted by the Owner.
K. Conflict of Interest
1) The Contractor or his employees shall not enter into any Contract
involving services or proper ty with a person or business prohibited
from transacting such business with Miami -Dade County pursuant to
Section 2-11.1 of the Code of Miami -Dade County, Florida, known as
the Miami-Dade County Conflict of Interest and Code of Ethics
Ordinance.
2) In the event the Contractor, or any of i ts officers, partners, principals
or employees are convicted of a crime arising out of, or in connection
with, the work to be done or payment to be made under this Contract ,
this Contract , in whole or any part thereof may, at the discretion of the
Owner, be terminated without prejudice to any other rights and
remedies of the Owner under the law.
3) In accordance with the Code of Miami -Dade County, no officer or
employee of Miami -Dade County during his tenure or for two years
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thereafter shall have any interest , direct or indirect , in this Contract or
the proceeds thereof.
L. Rights in Shop Drawings
1) Shop Drawings submitted to the Architect/Engineer by the Contractor,
pursuant to the Work, may be duplicated by the Owner and the Owner
may use and disclose, in any manner and for any purpose Shop
Drawings delivered under this Contract .
2) This paragraph shall be included in all subcontracts hereunder at al l
t iers.
M. Patent and Copyright
1) If the Contractor is required or desires to use any design, device,
material , or process covered by letters of patent or copyright , he shall
provide for such use by suitable legal agreement with the patentee or
owner. The Contractor and the surety shall indemnify and save harmless
the Owner, the Field Representati ve, and the Architect/Engineer from
any and all claims for infringement by reason of the use of any such
patented design, device, material or process, or any trademark or
copyright, and shall indemnify the Owner for any costs, expenses, and
damages which i t may be obliged to pay by reason of an infringement, at
any t ime during the prosecution or after the completion of the work.
2) The Contractor shall warrant that the materials, equipment or devices
used on or incorporated in the Work shal l be delivered free of any
rightful claim of any third party for infringement of any United States
patent or copyright . The Contractor shall defend, or may sett le, at his
expense, any suit or proceeding against the Owner or the
Architect/Engineer so far as based on a claimed patent or copyright
infringement which would result in a breach of this warranty, and the
Contractor shall pay all damages and costs awarded therein against the
Owner or the Architect/Engineer due to such breach. The Contractor
shall report to the Architec t/Engineer, promptly and in reasonable
writ ten detail , each notice or claim of patent or copyright infringement
based on the performance of this Contract of which the Contractor has
knowledge. In the event of any claim or suit against the Owner on
account of any alleged patent or copyright infringement arising out of
the performance of this Contract or out of the use of any supplies
furnished or work or services performed hereunder, the Contractor shall
furnish to the Owner when requested, al l evidence and information in
possession of the Contractor pertaining to such suit or claim. Such
evidence and information shall be furnished at the expense of the
Contractor.
3) The Contractor shall bear all costs arising from the use of patented
materials, equipment, devices or processes used on or incorporated in the
Work. In such case materials, equipment, devices or processes are held
to consti tute an infringement and their use enjoined, the Contractor, at
his expense shall :
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a. Secure for the Owner the right to continue us ing said materials,
equipment, devices or processes by suspension of the injunction or by
procuring a l icense or l icenses; or
b. Replace such materials, equipment, devices or processes with non -
infringing materials, equipment, devices or processes; or
c. Modify them so that they become non -infringing or remove the
enjoined materials, equipment, devices or processes and refund the
sum paid therefore without prejudice to any other rights of the
Owner.
4) The preceding paragraph shall not apply to any materials,
equipment or devices, specified by the Owner or the
Architect/Engineer or manufactured to the design of the Owner or
the Architect/Engineer or in accordance with the details contained
in the Contract Documents; and as to any such materials,
equipment or devices the Contractor assumes no l iabil i ty
whatsoever for patent or copyright infringement and the Owner
will hold the Contractor harmless against any infringement claims
arising therefrom.
5) Patent r ights to patentable invention, i tem or ideas of every kind
or nature arising out of the Work, as well as information, designs,
specifications, know-how, data and findings shall be made
available to the Government for public use, unless the Owner
shall , in specific cases where i t is legally permissible, determine
that i t is in the public interest that i t not be so made available.
6) The sense of this art icle shall be included in all subcontracts. The
foregoing states the entire l iabil i ty of the Contractor for patent or
copy infringement by use of said materials, equipment or devices.
N. Historical , Scientific and Archaeological Discoveries
All art icles of historical , scientific or archaeological interest uncovered by
the Contractor during progress of the Work shall be preserved and reported
immediately to the Architect/Engineer. Further operations of the
Contractor with respect to the find, including disposit ion of the art icles,
will be decided by the Owner.
O. Use of Owner’s Name in Contractor Advertising or Public Relations
The Owner reserves the right to review and approve Own er-related copy
prior to publication. The Contractor shall not al low Owner -related copy to
be published in Contractor 's advertisement or public relations programs
unti l submitt ing the Owner -related copy and receiving prior approval from
the Owner. The Cont ractor shall agree that published information on the
Owner or the Owner’s program shall be factual and in no way imply that
the Owner endorses the Contractor 's f irm, service or product. The
Contractor shall insert the substance of this provision, including this
sentence, in each subcontract and supply Contract or purchase order.
END OF ARTICLE
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13. ATTACHMENTS ( Ju n e 1 2 , 2 0 1 2 )
END OF ARTICLE
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SUPPLEMENTAL GENERAL TERMS AND CONDITIONS
The following language shall be added to each identified Article in the General Terms and Conditions and shall be considered part of the Contract Documents and given the full weight and consideration of the General Terms and Conditions.
ARTICLE 1. DEFINITIONS
Force Majeure: Force Majeure as used herein shall mean Acts of God, strikes, lockouts, any late delivery of the Owner's supplied material and equipment due to transportation delays beyond Department's control, or other industrial disturbances; acts of public enemy, blockades, wars, insurrections, or riots; epidemics, landslides, earthquakes, fire, storms, floods, or washouts; arrests, title disputes, or other litigation; governmental restraints, either Federal or County, civil or military; civil disturbances; explosions; inability to obtain necessary materials or equipment, supplies, labor, or permits whether due to existing or future rules, regulations, orders, laws, or proclamations, either Federal, State or County, civil or military, or otherwise; and other causes beyond the control of the Department or County, whether or not specifically enumerated herein.
ARTICLE 3. ARCHITECT/ENGINEER/FIELD REPRESENTATIVE
J. Inspectors, employed by the Department, will be authorized to inspect all work and materials which are to become a part of the completed Project. Inspectors will have no authority to revoke, alter or waive any requirements of the Specifications or to make any changes in the Plans. Each Inspector will be authorized to call the attention of the Contractor to any failure of the work to conform to the Plans or the Specifications, and will have authority to suspend the work affected until any question at issue can be referred to and decided by the Engineer. The Inspector will have no authority to delay the Contractor by failure to inspect the work and materials with reasonable promptness.
ARTICLE 7. PROSECUTION OF THE WORK
A. W o r k m a n s h i p a n d U n a u t h o r i z e d W o r k
10) Ordinance 00-66 (County Code Section 2-103.1) relating to restoration after construction of utilities or works in the public right of way; and Ordinance 00-97 (County Code Section 21-221 through 228) relating to protection of underground utilities and requiring various Contractor activities; Resolution R-744-00, relating to retention in service of critical personnel. The County has adopted via Resolutions R749-00 and R161-01 a "Business Road Impact Assistance Loan Program". The Contractor shall make every effort to minimize construction impact to business in the area of the Project and as appropriate, the Department will recover any costs caused the County by Contract delays or other business
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impacting activities attributable to the Contractor. To this end the Contractor shall conduct its construction activities in a manner that will minimize these detrimental effects.
11) The Contractor shall at all times ensure that the work site is maintained in a clean and orderly fashion. As soon as the work in any one locality is completed, the accumulated rubbish or surplus materials thereat shall be promptly removed. The Contractor shall also restore all public and private property in a manner acceptable to the Engineer, to a condition equal to or better than pre-construction conditions. This shall apply to public and private property which has been displaced or damaged during the prosecution of the work, and the Contractor shall leave the site and vicinity unobstructed and in a neat and presentable condition. In the event of delay exceeding two days after written notice is given to the Contractor by the Engineer to remove such rubbish or materials, or to restore displaced or damaged property, the Engineer may employ such labor and equipment as he may deem necessary for the purpose, and the cost of such work, together with the cost of supervision, shall be charged to the Contractor and shall be deducted from any money due the Contractor on the monthly or final estimate. No Contract shall be considered as having been completed until all rubbish and surplus materials have been removed and disposed of properly.
12) The Engineer of Record shall furnish the Contractor with horizontal and vertical controls which shall be utilized as specified elsewhere herein to layout the work. The Florida Registered Land Surveyor hired by the Contractor shall verify all controls provided by the Engineer of Record and it shall be the responsibility of the Contractor to preserve same.
a) The Contractor shall retain the services of a Florida Registered Land Surveyor who, shall furnish and set stakes, establishing line and grade and shall solely be responsible for the layout of the work as well as the recording of all as-built dimensions and elevations. The Contractor shall furnish all additional stakes, templates, and other materials for marking and maintaining survey points and lines given, and shall be responsible for their preservation. Should any of the horizontal and vertical control points set by the Engineer of Record be destroyed or disturbed, they shall be reset by the Contractor's Florida Registered Land Surveyor, at the Contractor's expense. All control points previously set by the Engineer of Record shall be verified by the Contractor's surveyor.
b) For pipeline Projects the Engineer of Record shall furnish the Contractor
with horizontal and vertical control every 1,320 feet which shall be utilized as specified elsewhere herein to layout the work. If a pipeline Project is less than 1,320 feet, the Engineer of Record will provide the Contractor with two horizontal and vertical control points. At on-plant-site Projects, the Engineer of Record shall furnish the Contractor with three horizontal and vertical controls.
c) No direct payment shall be made for the cost to the Contractor of any of the
work occasioned by delay in giving lines and grades, or making other necessary measurements, or by inspection.
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13) Chapter 446 of the Florida Statutes, as amended, which is hereby by reference incorporated herein, provided labor standards for ratios of apprentices or trainees to journeymen on State, County or municipal contracts. It shall be the responsibility of the Contractor, prior to the opening of bids, to inform themselves of the provisions of Chapter 446, Florida Statutes, as amended, which are, or may become, applicable to the Contract, and he shall abide by these provisions at no cost to the County. The Contractor is advised to direct all inquiries concerning Chapter 446, Florida Statutes, as amended to the Florida State Apprenticeship Advisory Council.
E. Permits and Compliance with Laws
8) The use of explosives will not be permitted under this Contract.
F. Coordination and Access
4) Lands to be furnished by the County for construction operations, roads, or for other purposes, will be specifically shown on the drawings or provided for in the Specifications. Should the Contractor find it necessary to use any additional land for the construction operations or for other purposes during the construction of the work, they shall provide for the use of such lands at their own expense.
5) Rights-of-way for work to be done under the Contract will be provided by the County. Nothing herein contained, however, and nothing marked on the drawings, shall be interpreted as giving the Contractor exclusive occupancy of the territory provided. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer will decide which Contractor shall cease work, and which shall continue, or whether the work of both contracts shall progress at the same time, and in what manner. When the territory of one contract is a necessary or convenient means of access for the execution of another contract, the Engineer may grant to the Contractor so desiring such privilege of access to the territory as the Engineer shall deem to be appropriate, and no such decision shall be made the basis of any claim for delay or damage, except as provided in Section 11 herein.
J. Damage to Work and Responsibility for Materials
6) If it is specifically stated in the Specifications that the Department will furnish materials or equipment to the Contractor for incorporation into the work for which this Contract pertains, the County shall not be liable for any expenses, losses, damages, claims or demands including but not limited to, all direct costs of Contractor such as labor, material, job overhead, and profit markup but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages, and other impact cost, or inflationary factors, arising out of any late delivery of such materials or equipment caused by any force Majeure. Compliance with delivery schedules by the Department shall be excused when delays are caused by force Majeure, and, if the delay causes the Contractor to
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exceed the Contract time stipulated for the final completion of the Project, a non-compensable time extension in the Contract time. An extension in this Contract time will be allowed equal to the length of the delay.
L. Accident Prevention
5) When the Contract involves work on a plant, pump station or other process site the Contractor shall comply with the Department's Process Safety Management Plan and instruct their personnel as required by that plan.
ARTICLE 9. PROGRESS PAYMENTS
A. Payments
5) b. The Contractor’s attention is directed to County Ordinance 94-40 and County Code Section 2-8.1.4 , County Code Section 2-8.1.1.1.1 and County Code Section 2-8.1.1.1.2 , providing for prompt payments to small businesses by County agencies and the Public Health Trust; creating dispute resolution procedures for payment of County and Public Health Trust obligations; and requiring the prime Contractor to issue prompt payments, and have the same dispute resolution procedures as the County, for all small business subcontractors. Failure of the Contractor to issue prompt payment to small businesses, or to adhere to its dispute resolution procedures, may be cause for suspension, termination, and debarment, in accordance with the terms of the County contract or Public Health Trust contract and debarment procedures of the County.
14) In accordance with Miami-Dade County Implementing Order 3-9, Accounts Receivable Adjustments, if money is owed by the Contractor to the County, whether under this Contract or for any other purpose, the County reserves the right to retain such amount from payment due by County to the Contractor under this Contract. Such retained amount shall be applied to the amount owed by the Contractor to the County. The Contractor shall have no further claim to such retained amounts which shall be deemed full accord and satisfaction of the amount due by the County to the Contractor for the applicable payment due herein.
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MIAMI-DADE COUNTY, FLORIDA
RESPONSIBLE WAGES AND BENEFITS SECTION 2-11.16 OF THE CODE OF MIAMI-DADE COUNTY
SUPPLEMENTAL GENERAL CONDITIONS
WAGES AND BENEFITS SCHEDULE
Construction Type: HEAVY
Heavy Construction projects are those projects that are not properly classified as either "Building", or "Highway".
NOTICE TO EMPLOYEES
FAIR WAGE AFFIDAVIT
PAYROLL FORM
(For Contractors Optional Use)
2016
S-898 216S-898 216
INDEX RESPONSIBLE WAGES AND BENEFITS
CONSTRUCTION TYPE: HEAVY
A. SUPPLEMENTAL GENERAL CONDITIONS
MINIMUM WAGES AND POSTING OF INFORMATION ................................................ 1-3 LIABILITY FOR UNPAID WAGES; PENALTIES; WITHHOLDING ....................................... 3 PAYROLLS; BASIC RECORDS; REPORTING .......................................................... 3-4 SUBCONTRACTS ................................................................................................... 4 COMPLAINTS AND HEARINGS; CONTRACT TERMINATION AND DEBARMENT .............. 4-6 APPRENTICES AND TRAINEES ............................................................................. 6-7
B. WAGES AND BENEFITS SCHEDULES CARPENTERS .................................................................................................... 1-3 ELECTRICAL WORKERS ..................................................................................... 4-5 ELECTRICAL WORKERS (ELECTRIC SIGNS) ............................................................. 6 IRONWORKERS .................................................................................................... 7 LABORERS ....................................................................................................... 8-9 MILLWRIGHTS, MACHINERY ERECTORS AND DIVERS ............................................. 10 OPERATING ENGINEERS ................................................................................ 11-12 PAINTERS/WALL COVERINGS INSTALLATION .................................................... 13-14 PILEDRIVERS, BRIDGE CARPENTERS AND DIVERS ........................................... 15-16 PIPEFITTERS (AIR CONDITIONING, REFRIGERATION AND HEATING) .......................... 17 PLASTERERS AND CEMENT MASONS ................................................................ 18-19 ROOFERS, WATERPROOFERS & ALLIED WORKERS ............................................... 20 SHEET METAL WORKERS ................................................................................... 21 WELDERS ........................................................................................................ 22 C. NOTICE TO EMPLOYEES D. FAIR WAGE AFFIDAVIT E. PAYROLL FORM
S-898 217S-898 217
SUPPLEMENTAL GENERAL CONDITIONS TO BIDDERS
Bidders are advised that the provisions of §2-11.16 et seq., Code of Miami-Dade County, Responsible Wages on County Construction Contracts, will apply to any contract awarded pursuant to this bid. By submitting a bid under these provisions, a bidder agrees to comply with these provisions of the Code and to acknowledge awareness of the penalties for non-compliance. A copy of the Code may be obtained from the department issuing the specifications for this bid or online at http://www.municode.com/resources/gateway.asp?pid=10620&sid=9. This Supplemental General Condition is organized with the following sections: 1. Minimum Wages and Posting of Information 2. Liability for Unpaid Wages, Liquidated Damages and Withholding 3. Payrolls Records, Reporting and Inspection of Records 4. Subcontracts 5. Complaints, Hearings and Contracts Termination and Debarment 6. Apprentices and Trainees 1. MINIMUM WAGES AND POSTING OF INFORMATION A. Minimum Wages All employees working on the project must be paid the hourly rate and benefits listed in the Wages and Benefits Schedule. Payment to workers shall be made in the form of check, money order or direct deposit. Cash payments are not allowed. The rates paid shall be not less than those contained in the Wage and Benefits Schedule regardless of any contractual relationship that may exist between the contractor and the workers hired to perform under the contract. For any classification of workers, the hourly rate paid must equal the sum of the base rate and the fringe benefit rates listed for that classification in the Wage and Benefits Schedule. Paying below the base rate is not acceptable, even if the value of the fringe benefits exceed the value of the required contribution. Paying the base wage rate or above and making payments to legitimate fringe benefits providers on behalf of workers is acceptable. Wages and benefits listed in the Wages and Benefits Schedule, previously revised every calendar quarter, will be reviewed and increased, if appropriate, once a year, on January 1st. The rates for wages and benefits to be paid for work performed under this contract and during each subsequent calendar year will be the rate in effect on January 1st of the year in which the work is performed. B. Fringe Benefits The contractor, or any subcontractor under the contractor, may pay the base rate to
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the employee plus pay contributions to employee benefit plans; or, pay the base rate plus the benefit rate in the Wages and Benefits Schedule in the form of check, money order or direct deposit, but not cash. If the value of the fringe benefits is less than the hourly amount required in the wage schedule the difference must be paid to the employee. Payments made to health insurance companies for hospitalization and medical costs, to dental insurance companies for dental costs, retirement plans, and life insurance companies for life insurance are fringe benefits.
C. More than One Classification Workers must be paid the appropriate base rate and fringe benefits on the Wages and Benefits Schedule for the classification of work actually being performed without regard to skill. Workers performing work in more than one classification may be paid at the rate listed for each classification for the time they worked; however, the employer's payrolls must accurately show the time spent in each classification in which work is performed. This does not apply to workers performing tasks that are incidental to the trade they are working in, such as handling materials they will be installing or cleaning up the worksite after they complete their work. D. Davis-Bacon For any class of worker that is NOT listed in the Wages and Benefits Schedule, the minimum wage rate is the "basic hourly rate of pay" (as defined in 29 C.F.R. § 5.24) and of the fringe benefits payments for hospitalization, medical, pension and life insurance for such class under the United States Secretary of Labor's applicable Davis-Bacon Wage Schedule in effect for Miami-Dade County. If you do not find a wage classification in the Wages and Benefits Schedule that describes the work actually being done, you must contact the Small Business Development before using a Davis-Bacon wage rate to pay workers. Questions concerning the comparability of worker classifications or the applicability of Davis-Bacon classifications will be determined by the County. E. Complaints by Workers Any complaints of underpayment by the workers should be filed with: Small Business Development Internal Services Department 111 N.W. 1st Street, 19th Floor, Miami, Florida 33128 (305) 375-3111 Neither the contractor, nor any subcontractor on the project, may terminate an employee performing work on the contract because of such employee's filing a complaint regarding underpayment of required wage rates. F. Posting of Wages
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The contractor and all subcontractors must permanently post the Wages and Benefits Schedule, together with a notice of the fines that may be assessed to the contractor or subcontractor, for failure to pay the required wage rates, at the site where the contract work is being performed in a prominent and accessible place where it can be easily seen by the workers. Failure to post the Wage and Benefits Schedule will be the basis of a violation. 2. LIABILITY FOR UNPAID WAGES; PENALTIES; WITHHOLDING A. Compliance by Bidders. In the event of underpayment of the required wage rates, the contractor shall be liable to the underpaid employee for the amount of such underpayment. In addition, the contractor shall pay a penalty in accordance with the requirements of the Code and section 2B of below. Bidders must pay all back wages and penalties on previous contracts before being awarded a new contract. B. Penalties In addition to any under payment due to employees, contractors may be fined a penalty in an amount equal to 10% of the first underpayment; 20% of the amount of the second underpayment; for the third and successive underpayments, a penalty in an amount equal to 30% of the underpayment. A fourth violation will constitute a default of the contract and may be cause for a suspension or termination. If the required payments are not made within the specified period of time, the non-complying contractor and principal owners thereof shall be prohibited from bidding on or participating in County contracts for a period of three (3) years. C. Withholding Contractor Payments The County may stop payment of monies to the contractor necessary to pay any wages that are required and any penalties owed by the contractor or subcontractor. The withheld monies shall be given to the employee only in accordance with the provisions of Section 5, "Complaints and Hearings; Contract Termination and Debarment". 3. PAYROLL; BASIC RECORDS; REPORTING A. Payroll Records The contractor, and all subcontractors, must keep accurate written records, signed under oath as true and correct, showing payment of the required wages. These records must include the name, social security number of each worker, his or her address, correct classification, per hour rates of wages paid (including rates of contributions or costs anticipated for legitimate fringe benefits), and daily and weekly number of hours worked on this project. In addition, the contractor must submit a list of
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all subcontractors and the payrolls of each subcontractor that include the name, social security number, address and phone number, per hour rate for wages paid (including costs of legitimate fringe benefits), and the daily and weekly number of hours worked on this project. Contractors employing apprentices or trainees under approved programs shall keep records of the registration or apprenticeship programs, the certification of trainee programs, the registration of the apprentices and trainees, and wage rates as required by the applicable programs, in accordance with the provisions of Section 6 “Apprentices and Trainees”. B. Form The contractor shall submit all payrolls with each request for payment. Information submitted on U.S. Department of Labor form WH-347 or on a form acceptable to the County as its equivalent, and which is signed under oath, will satisfy these requirements. C. Inspection of Records The contractor or subcontractor must make these records available for inspection and copying by an authorized representative of the County, and shall allow such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the reports or make the records on which they are based available, the County may, after written notice to the contractor, cause the stoppage of payments. Also, failure to submit the reports upon request or make the records available may be reason for debarment. The prime contractor is responsible for the submission of the information required and for the maintenance of records and provisions of access to same by all subcontractors. 4. SUBCONTRACTS The contractor must insert into any subcontracts the clauses set forth in paragraphs 1 through 6 of this Supplemental General Conditions and also a clause reminding their subcontractors to include these paragraphs in any lower tier subcontract. The prime contractor will be responsible for compliance by all subcontractors and their lower tier subcontractors with the clauses set forth in paragraphs 1 through 6 of this Supplemental General Conditions. In the event of non-payment or underpayment of the required wages, the prime contractor shall be liable to the underpaid employees of the subcontractor for the amount of each underpayment. 5. COMPLAINTS AND HEARINGS; CONTRACT TERMINATION AND
DEBARMENT
A. Complaints
Upon receipt of a written complaint or identification of a violation pertaining to an employee wage underpayment of the required overall hourly rates, the County will
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notify the contractor or subcontractor employing said workers of the complaint/violation. The notice shall include a brief description of the said complaint/violation, the dollar amount that the contractor or subcontractor is liable for in back wages and fines, the required corrective action(s) to be taken and the due date for payment of back wages and fines or to request a compliance meeting. Failure to comply or request a compliance meeting within the due date specified (30 days, see Implementing Order 3-24) shall constitute a waiver of the contractor's or subcontractor's right to a compliance meeting, and that such waiver shall constitute an admission of the complaint/violation. The County may withhold from the contractor so much accrued payments as may be considered necessary by the Contracting Officer to pay employees of the contractor or subcontractor under them for the performance of the contract work, the difference between the combined overall hourly wage rate and benefits required to be paid by the contractor to the employee on the work and the amounts received by such employee and to satisfy any fines outstanding where violations have been found. In the event of failure of such negotiations, the prime contractor may request the appointment of a hearing officer. B. Hearings Upon timely receipt of a request for an administrative hearing before a hearing officer to appeal a determination of non-compliance, the County Mayor shall appoint a hearing officer and fix a time for an administrative hearing thereon. A notice of hearing (together with a copy of SBD's determination of non-compliance) shall be served upon the contractor (or subcontractor). Upon completion of the hearing, the hearing officer shall submit proposed written findings and recommendations together with a transcript of the hearing to the County Mayor within a reasonable time. The County Mayor or designee will review the findings and recommendations of the hearing officer, and decide to accept or reject the recommendations of the Administrative Hearing Officer either with or without modifications. C. Penalties If the County Mayor or designee determines that the contractor or subcontractor substantially or repeatedly failed to comply, the non-complying contractor or subcontractor and the principal owners thereof shall be prohibited from bidding or otherwise participating in County contracts for the construction, alteration and/or repair, including painting or decorating, of public buildings or public works for a period of three years. The County Mayor or designee may order the withheld amount equal to any underpayment remitted to the employee. In addition, the County Mayor or designee may order payment of a penalty to the County. If the required payment is not made within a reasonable period of time, the County Mayor or designee may order debarment as described above. A breach of the clauses contained in this Supplemental General Condition shall be
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deemed a breach of this contract and may be grounds for termination of the contract, and for debarment. 6. APPRENTICES AND TRAINEES A. Apprentices Apprentices will be permitted to work at less than the rate listed in the Wages and Benefits Schedule for the work they perform when they are employed pursuant to and individually registered in a legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his or her first 90 days probationary employment who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. The number of apprentices shall not be greater than the ratio listed in the Wages and Benefits Schedule. Any worker listed as an apprentice on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, must be paid not less than the wage on the Wages and Benefits Schedule for the classification of work actually performed. B. Apprentice Ratio If the number of apprentices working on the project, is greater than the ratio permitted, the apprentices must be paid the journeyman wage rate on the Wages and Benefits Schedule for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in the percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at least the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable schedule. C. Apprentice Fringe Benefits Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable apprentice classification; fringe benefits shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work
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S-898 223S-898 223
performed until an acceptable program is provided. D. Trainees The rules for trainees are similar to those of apprentices. Except as provided in 29 C.F.R. § 5.16, trainees cannot work for less than the predetermined rate listed in the Wages and Benefits Schedule unless they are registered in a program certified by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site must not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Trainees must be paid fringe benefits in accordance with the Trainee Program. If the Trainee Program does not specify fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the administrator of the wage and hour division determines that the rate is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination, which provides for less than the full fringe benefits for apprentices. E. Summary of Apprentices and Trainees Any worker who is not registered in a training plan approved by the Employment and Training Administration must be paid not less than the wage rate on the Wages and Benefits Schedule for the work actually performed without regard to skill. In addition, if the number of apprentices and trainees are in excess of the ratio permitted under the registered program, then the wages that must be paid are those listed on the Wages and Benefits Schedule for the work actually performed by the apprentices or trainees. If the Employment and Training Administration cancels approval of an apprenticeship or training program, the contractor will no longer be permitted to pay the trainees or apprenticeship rate.
- 7 -
S-898 224S-898 224
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
CARPENTERS
Carpenters 22.50$ 4.00$ 3.00$ 29.50$
Foreman (5 or more workers) 24.30 4.00 3.00 31.30
Foreman (12 or more workers) 25.20 4.00 3.00 32.20
General Foreman 26.10 4.00 3.00 33.10
Apprentices:
1st 6 month period 13.95$ 4.00$ 3.00$ 20.95$
2nd 6 month period 15.08 4.00 3.00 22.08
3rd 6 month period 16.20 4.00 3.00 23.20
4th 6 month period 17.33 4.00 3.00 24.33
5th 6 month period 18.45 4.00 3.00 25.45
6th 6 month period 19.58 4.00 3.00 26.58
7th 6 month period 20.70 4.00 3.00 27.70
8th 6 month period 21.83 4.00 3.00 28.83
(1) Per hour health benefit includes hospitalization, medical, and life insurance.
Acoustic Ceilings
Doors
Floor Covering
The unloading, distribution and installation of all materials and component parts of all types of acoustic ceilings and plenums,
regardless of their material composition or method of manner of their installation, attachment or connection, including, but not
limited to the following items: all hangers, carrying channels, cross furring, stiffeners, braces, all bars regardless of materials or
methods of attachment, all integrated gypsum w`all board ceiling heat panels, fill, all main tees, cross tees, splines, splays, wall
and ceiling angles or moldings, all backing board and all finish ceiling materials regardless of method of installation excepting
acoustic plaster.
The unloading, distribution and installation of all prefinished wooden doors, hollow metal doors, overhead or mechanical doors,
whether steel, aluminum or plastic and all supporting systems. Install all hollow metal jambs and hardware on doors whether
they be interior or exterior.
Carpeting including all measuring, lay-outs, remaking, cutting, fitting, sewing, binding, sizing, laying, stretching, repairing and
installation, either by hand or power machine. The installation of resilient flooring to include the laying of all cork, linoleum,
asphalt, mastic, plastic, rubber tile, whether nailed or laid in with linopaste, glue, mastic or substitute materials. All wood
flooring, whether nailed or laid in mastic. All necessary preparatory work including the scraping, filling of holes, nailing, lay of
paper or other underlayments. The sanding or refinishing of all wooo floors either by hand or power machine.
2016
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Page 1 of 22
S-898 225S-898 225
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
CARPENTERS - Continued
Forms
Furniture
Lathing
Material Procedures
The loading, unloading, handling, dismantling, distribution, erection, stockpiling, refurbishing, and installation of all modular
and systems office furniture and all components parts, new and refurbished.
The prefabricating, erecting, construction, furring, making and erecting of brackets, clips and hangers, wood, wire and metal
lath to which plaster-type materials are applied; corner beads, arches erected for the purpose of holding plaster or cement.
The rigging, erecting, staying and fastening in any manner of all pre-cast aggregate panels of all types. All carrying bars, purlins
and furring, regardless of size; light iron and metal furring of all descriptions for the receipt of metal lath, rock lath and all light
iron when studs are to receive metal lath or rock lath for the application of plaster; and all other light iron furring erected to
receive lath and plaster. The nailing, typing and fastening of all wire and metallic lath such as wire cloth, wire mesh,
expanded metal lath, hyrib and flat expanded metal lath and wire of all descriptions as well as the placing of all hangers to
support suspended ceilings or any of the above types of light iron and metal furring which receive lath and plaster; the placing
of all types of floor lath, such as hyrib lath, paperback steeltex floor lath, Penn metal rib, etc. The tying, nailing, clipping or
fastening, mechanical or otherwise, of all types of lath regardless of size, such as wood lath, plasterboard, button board,
flaxilinum board, bishopric, celetex, gypsum lath, foam and Styrofoam, rock lath or any and all other types of material erected
to receive or hold plaster. The erection of all metal plastering accessories such as metal corner beads and other plastering
accessories which are covered and/or serve as a ground of screed for plaster.
The unloading, handling and erection and power rigging in connection with laminated wood arches, trusses and decks. All
power rigging and signaling of Carpenters’ materials. The operation and maintenance of small air compressors generators,
electric or gasoline power motors for the operation of woodworking machinery. The unloading, handling and distribution of
materials erected and installed. by carpenters. All prefabricated, manufactured and finished materials regardless of packing,
shall be unloaded distributed and installed by the Carpenters. This shall include, but not be limited to all forms, templates, bolt,
cabinets and all materials normally installed by Carpenters. Underpinning, lagging, bracing, propping and shoring, raising and
moving of all building structures of parts thereof by the use of jack, power rigging or other methods shall be the work. This
includes the unloading and setting of modular units and all work related thereto. The assembly and erection of pole and pre-
engineered buildings.
The fabrication and re-fabrication of all forms and dismantling of forms when they are to be reused. This includes removable
corrugated metal forming systems and all other patented forming systems. When power rigging is used in the setting or
dismantling of forms, and the necessary false work, all handling, rigging and signaling. The setting, leveling and aligning of all
templates for anchor bolts for structural members, machinery, and the placing, leveling, bracing, burning and welding for all
bolts. The installation of embedded materials where attached to forms and/or embedded materials for machinery. Framing in
connection with the setting of bulkhead; fabrication of screeds and stakes for floors and form for articles. The handling of
lumber, fabricated forms and form hardware installed by carpenters. The building and moving of all scaffolding for runways
and staging. The cutting or framing of openings for piles, conduit, ducts, when they pass through floors, partitions or forms. All
rigging, setting, aligning and hand signaling when setting up pre-cast units.
Page 2 of 22
S-898 226S-898 226
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
CARPENTERS - Continued
Railing
Scaffolding
Sink Tops and Cabinets
Weather and Spray Protection
Widows, Walls and Partitions
The fabrication, erection and removal of frames, enclosures of buildings or scaffoldings, the draping of tarps, of tarps,
visqueen or similar coverings when secured by wire , nailing, bolting or clamps. The handling and setting up of all temporary
enclosures.
The installation of all construction of temporary guardrails, barricades and /or safety devices. The unloading, handling,
distribution, installation and backing necessary for all aluminum, vinyl, plastic or wood handrails and guardrails.
The installation of all construction of temporary guardrails, barricades and /or safety devices. The unloading, handling,
distribution, installation and backing necessary for all aluminum, vinyl, plastic or wood handrails and guardrails.
The installation, erection and/or application of all material component parts of wall and partitions regardless of all materials
composition or method or manner of their installation, attachment of connection, including but not limited to the following
items: All floor and ceiling runners, studs, stiffeners, cross bracings, Te-Blocking, resilient channels, furring channels, doors
and windows including frames, casing, molding, base, accessory trim items, gypsum drywall materials, the making and
installing of all backing for fixtures and welding of studs or other fasteners to receive materials being applied; laminated
gypsum systems backing board, finish board, fireproofing of beams and columns, fireproofing of chase, sound and thermal
installation materials, fixture attachments including all layout work, preparation of all openings for lighting, air vents or other
purposes, all toilet partitions and insulated translucent wall and ceiling systems, and all other necessary or related work.
The erection of exterior metal studs and the installation windows metal or wood and those attached to metal studs.
The installation of rockwool, cork, fiberglass, tectum, Styrofoam and other insulation material used form sound of
weatherproofing, the renewal for caulking and replacing of staff bead, brick mould and all Oakum, caulking, substitutes and all
other caulking in connection there with, and the installation of chalkboards, cork and tack boards.
The unloading, distribution and installation of all sink tops, cabinets, hoods base and wall units.
Page 3 of 22
S-898 227S-898 227
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
ELECTRICAL WORKERS
Journeymen:
Wiremen 30.61$ 6.35$ 4.29$ 41.25$
Cable Splicer 31.11 6.35 4.36 41.82
Welder 31.11 6.35 4.36 41.82
Foremen (2) 33.67 6.35 4.71 44.73
General Foremen (22 or more Journeymen) 36.73 6.35 5.14 48.22
Wiremen 27.15$ 5.85$ 3.53$ 36.53$
Foremen (2) 29.87 5.85 3.88 39.60
General Foremen (22 or more Journeymen) 32.58 5.85 4.24 42.67
Apprentices:
First year 14.73$ 4.22$ 2.06$ 21.01$
Second year 15.57 4.22 2.18 21.97
Third year 17.24 4.22 2.41 23.87
Fourth year 18.90 4.22 2.65 25.77
Fifth year 22.96 4.22 3.21 30.39
Add $1.00 per hour to the per hour wage rate for Journeymen working in high hazardous locations.
(1) Per hour health benefit includes hospitalization, medical, and life insurance.
(2) On any job where three (3) Journeyman are employed, one shall be designated foreman. One (1) additional Journeyman
shall be designated foreman if there are 10-14 Journeyman, and one (1) additional for 15-21 Journeyman.
For projects awarded or bid prior to January 1, 2014 where the electrical portion of the contract is less than $2 million.
Scope of work under this trade includes but is not be limited to: installation, inspection, operation, maintenance, service, repair,
testing or retrofit of all energized and de-energized electrical power and communications conductors, electrical materials,
electrical devices and electrical power distribution equipment, or a part of there which generates, transmits, transforms or
utilize electrical energy in any form AC or DC voltages for heat, light or power used in the construction, alteration, temporary
power, maintenance, service and repair of public and private premises including building, floating buildings, structures, bridges,
street, highway and tunnel work including all signaling, shafts, dams or levees, river and harbor work, airports, mobile homes,
recreational vehicles, yards, lots, parking lots, carnivals, tradeshows, events and industrial substations, The installations of
electrical conductors and electrical distribution equipment that connect to the supply of electricity, installations used by an
electric utility that are not an integral part of a generating plant, substation or control center and all electrical raceways of
whatever form for electrical and communications conductors and fiber optics.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Page 4 of 22
S-898 228S-898 228
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
ELECTRICAL WORKERS - Continued
APPRENTICE RATIO: Two (2) Apprentice to (1-3) Wiremen, Cable Splicers or Welders.
As related to an electrical system in its entirety, the chasing, channeling, opening and closing of places above and below
ground, placement, installation or temporary installation, erection, inspection, operation, welding, maintenance, service, repair,
testing or connection of any electrical conductors, electrical lighting fixtures, appliances, instrumentation apparatus, raceway
systems, conduit systems , pipe systems, underground systems, cable tray systems, grounding, bonding systems, lightening
protection systems, power-generating green technology systems or other systems of renewable energy including but not limited
to photovoltaic, solar, wind turbine, hydro-generation, geothermal or tidal systems, electric vehicle technology, electrical power
conductors and communications conductors for energy management systems, electrical power conductors and communications
conductors for building automation systems, railroad, signalman, maintainer and railroad communication, nuclear, or the
erection, alteration, repair, modification, splicing, termination of electric transmission lines on private property, structured
cabling systems for transmission of voice, data, video, notification, warning systems, smoke and fire alarm systems, other life
safe safety and security systems and appurtenances.
The installation of electrical lighting, heating and power equipment, fiber optics, and the installation and connecting of all electronic
equipment, including computing machines and devices, monitoring of radiation hazards where such monitoring work is not preempted or
performed by an electrical utility, the installation of all temporary power and light wiring, high-voltage cable splicing and terminations,
breaker testing and the commission and decommission of electrical control systems. Clean, service, repair, replace, operate and adjust high
and low voltage switchgear; transformers, conductors, connectors, breakers, fuses and buses. Operations, maintenance and repair of high
voltage electrical power connections, circuit protection devices and associated switchgear.
Page 5 of 22
S-898 229S-898 229
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
ELECTRICAL WORKERS (ELECTRIC SIGN)
Journeymen:
Wireman 25.50$ 6.35$ 3.57$ 35.42$
Foremen (2) 28.05 6.35 3.93 38.33
Apprentices:
First Period 14.39$ 4.22$ 2.01$ 20.62$
Second Period 14.39 4.22 2.01 20.62
Third Period 15.20 4.22 2.13 21.55
Fourth Period 16.83 4.22 2.36 23.41
Fifth Period 18.46 4.22 2.58 25.26
Sixth Period 22.58 4.22 3.16 29.96
Add $2.00 per hour to the per hour wage rate for Journeymen working in high hazardous locations.
(1) Per hour health benefit includes hospitalization, medical, and life insurance.
APPRENTICE RATIO: Two (2) Apprentices to one to three (1- 3) Wiremen.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
(2) On any job where ten (10) Journeyman are employed, one shall be designated foreman.
Scope of work under this trade includes but is not be limited to: the installation, alteration, dismantling or removing
of all illuminated signs, non illuminated signs or displays, whether luminous tube, light emitting diodes, receptacle,
plastic, reflector type, plaques and panels. The installation of all interior neo tubing and light emitting diodes for
lighting or decorating all secondary conduit work, flashers, timers or other auxiliary equipment, also the steel
structures for the support of signs or displays. In the event of billboards or displays not served from an existing
building or group of buildings and which in itself is an individual entity, having its own service and meter, all such
service conduit meter and secondary conduit. Also covered is the service, maintenance and patrolling of all electrical
equipment on signs, displays, and tube lighting after they have been erected and in operation.
Page 6 of 22
S-898 230S-898 230
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
IRONWORKERS
Ironworkers 24.21$ 5.00$ 2.78$ 31.99$
Foreman (2) 26.63 5.00 2.78 34.41
General Foremen (2) 29.05 5.00 2.78 36.83
Apprentices:
First 6 months - 800 Hrs 12.11$ 5.00$ -$ 17.11$
Second 6 months - 800 Hrs 13.32 5.00 - 18.32
Third 6 months - 800 Hrs 14.53 5.00 - 19.53
Fourth 6 months - 800 Hrs 15.74 5.00 - 20.74
Fifth 6 months - 800 Hrs 16.95 5.00 - 21.95
Sixth 6 months - 800 Hrs 18.16 5.00 - 23.16
Seventh 6 months - 800 Hrs 19.37 5.00 - 24.37
Eighth 6 months - 800 Hrs 20.58 5.00 - 25.58
Per Hour Premiums:
Diving Pay add Journeyman wages plus $5.00
(1) Per hour health benefit includes hospitalization, medical and life insurance.
APPRENTICE RATIO: 33 1/3% of the work force may be Apprentices/Trainees.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Scope of work includes but is not limited to: erection and installation of all bridges, structural, ornamental, reinforcing, and
reinforcing ironwork; which includes but is not limited to the following: reinforcing steel (rebar), post tensioning (cables),
structural steel and iron, miscellaneous steel and iron, stairs – joist – decking, curtains and window walls, storefronts –
windows, metal doors (manual and electric), glass doors (manual and electric) glass slider doors, screens – fences, tilt walls –
precast – stone, space frames – skylights, pre-engineered metal buildings, cladding covers (all types) column covers (all types),
towers – cranes – hoists, standing seam metal roofs, handrails – rails (all types), rigging – welding, conveyors – erectors and
maintenance, and glazing – caulking – sealants.
(2) Required when 2 or more Ironworkers are employed by one employer. When a crew exceeds 12 or more, another foreman
is required. A General Foreman is required if three or more Ironworker Foreman are employed on a job.
Page 7 of 22
S-898 231S-898 231
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
LABORERS
Laborer 15.00$ 3.00$ 1.92$ 19.92$
Apprentices:
1st 6 month period 12.00$ 3.00$ 1.92$ 16.92$
2nd 6 month period 12.75 3.00 1.92 17.67
3rd 6 month period 13.50 3.00 1.92 18.42
4th 6 month period 14.25 3.00 1.92 19.17
Per Hour Premiums:
Laborer Foremen (4 or more laborers) - $1.00 per hour on top of the highest paid laborersGeneral Foreman (15 or more laborers) - $ 1.50 per hour on top of the highest paid laborers
(1) Per hour health benefit includes hospitalization, medical and life insurance.
Scaffolds - erection, planking and removal.
$0.50 Mason and Plasterer Tenders, Concrete Placement-Patchmen and Finish Tenders, Scaffold Builders, Strippers and
Wreckers, Electric and Air Hammers, Concrete Grinders, Saws, Coring Machines, Nozzle and Hopper and Mixers, Cutting Torch,
Hydro Blasting, Chain Saw.
This classification cannot be used for unskilled employees performing work in other trades OR for employees in
other trades that handle their own materials and/or must clean up after their work is performed. Employees
must be paid in accordance with the work they perform without regard to skill.
Contracts for the inspection of sewer lines for leakage and damage through the use of Closed Circuit T.V. inspections andthe simultaneous sealing of leaks or other damage in the lines as the machine inspects the sewer line is covered underthe Responsible Wages and Benefits. Contracts for inspection only are not covered. Workers performing on a ClosedCircuit T. V. crew should be classified and paid as laborer. The CCTV Operator should receive the $2.50 per hoursupplement for Water Sewer & Storm Drain Pipelayers. The rate for the Vactor Trucks Operator is listed under theOperating Engineers Wage Schedule.
$2.50 Sidewalk and Curb Form Builders and Setters, Plaster and Concrete Finish and Repair, Water Sewer and Storm Drain
Pipelayers, Asbestos Removal, Hazardous Waste and Lead Removal, Remediation and Handling.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Scope of work includes tending masons, plasterers, carpenters and other building and construction crafts. Tending shall consist of
preparation of materials and the handling and conveying of materials. Unloading, handling and distributing of all materials, fixtures,
furnishings and appliances from point of delivery to point of installation. Cleaning and clearing of all debris. Ageing and curing of
concrete, mortar and other materials.
Page 8 of 22
S-898 232S-898 232
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
LABORERS - Continued
APPRENTICE RATIO: One (1) Apprentice to three (3) Laborers.
Underpinning, Lagging, Bracing, Propping and Shoring; Drilling and Blasting; Signal Men; General Excavation and Grading; Wrecking;
and Railroad Track Work.
This classification cannot be used for unskilled employees performing work in other trades OR for employees in
other trades that handle their own materials and/or must clean up after their work is performed. Employees
must be paid in accordance with the work they perform without regard to skill.
Streets, Ways and Bridges - Work in the excavation, preparation, concreting, ramming, curbing, flagging and surfacing of streets,
ways, courts, underpasses, overpasses, bridges, approaches, and slope walls and the grading and landscaping thereof. Cleaning,
grading, fence or guard rail, installation and/or removal for streets, highways, roadways, apron, runways, sidewalks, parking areas,
airports, approaches and other similar installations. Preparation, construction and maintenance of roadbeds and sub grade for all
paving, including excavation, dumping and spreading of sub grade material, ramming or otherwise compacting, setting, leveling, and
securing or bracing of metal or other road forms and expansion joints, Cutting of concrete for expansion joints. Setting of curb
forms and the mixing, pouring, cutting, flowing and strike-off of concrete used there for. The setting, leveling and grouting of all pre-
cast concrete or stone curbs sections. Installation of all joints, removal of forms and cleaning, stacking, loading, oiling and handling.
Grading and landscaping in connection with paving work.
Sewers, Drains, Culverts and Multiplate - Unloading, sorting, stockpiling, wrapping, coating, treating, handling, distribution and
lowering or raising of all pipe and multiplate. All digging, driving of sheet piling, lagging, bracing, shoring and cribbing, breaking of
concrete back-filling, tamping, re-surfacing and paving of all ditches in preparation for the laying of pipe. Pipelaying,leveling and
making of the joint of any pipe used for main or side sewers and storm sewers, and all pipe for drainage.
Excavations and Foundations, Site Preparation and Clearance, Transportation and Transmissions Lines - Excavation for building and
all other construction, digging of trenches, piers, foundations and holes, digging, lagging, sheeting, cribbing, bracing and propping of
foundations, holes, caissons, cofferdams, dams, dikes, and irrigation trenches, canals and all handling filling and placing of sand bags
connected therewith. All drilling, blasting and scaling on the site or along the right of way, as well as all access roads, reservoirs,
including areas adjacent or pertinent to the construction site, installation of temporary lines. Preparation and compacting of
roadbeds for highway construction and the preparation of trenches, footings, etc. for cross country transmission or underground lines
or cables. On site preparation and right-of-way clearance, for construction of any structures or the installation of traffic and
transportation facilities such as highways, pipelines, electrical transmission lines, dam sites and reservoir areas, access roads, etc.
Trenches, Manholes, Handling and Distribution of Pipe, etc. - Cutting of streets and ways for laying pipes,, cables or conduits for all
purposes; digging of trenches, manholes, etc.; handling and conveying all materials; concreting, backfilling, grading, and resurfacing
and all other labor connected therewith.
Concrete, Bituminous Concrete and Aggregates - Mixing, handling, conveying, pouring, vibrating, gunniting and otherwise placing
concrete or aggregates, whether done by hand or other process. Wrecking, stripping, dismantling and handling concrete forms and
falsework. Placing of concrete or aggregrates whether poured, pumped, gunnited, or placed by any other process. All vibrating,
grinding, spreading, flowing, puddling, leveling and strike off of concrete aggregrates by floating rodding or screeding, by hand or
mechanical means prior to finishing. The filling and patching of voids, crevices etc. to correct defects in concrete.
Page 9 of 22
S-898 233S-898 233
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
MILLWRIGHTS, MACHINERY ERECTORS & DIVERS (2)
Millwright, Machinery Erectors 29.73$ 4.00$ 8.55$ 42.28$
Per Hour Premiums:
$2.00 Foreman (Required if 2 or more Millwrights on job; no Foreman shall supervise more than 10 Millwrights )
$3.00 General Foreman (Required if more than one Foreman is required and can serve as a Crew Foreman.)
Apprentices:
1st Year 19.32$ 4.00$ 8.55$ 31.87$
2nd Year 22.30 4.00 8.55 34.85
3rd Year 25.27 4.00 8.55 37.82
4th Year 28.24 4.00 8.55 40.79
Journeymen Divers (3) 36.02$ 4.00$ 8.55$ 48.57$
Diver Foreman 38.02 4.00 8.55 50.57
Diver Foreman (11 or more workers) 40.02 4.00 8.55 52.57
Diver Tenders 32.02 4.00 8.55 44.57
(1) Per hour health benefit includes hospitalization, medical and life insurance.
Diver classification applies to any Millwright that performs work beneath the water surface.
APPRENTICE RATIO: One (1) Apprentice to three (3) Millwrights, Machinery Erectors.
Scope of work includes but is not limited to: installation, assembly, and, when necessary, dismantling machinery in factories, power plants,
and construction sites.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Page 10 of 22
S-898 234S-898 234
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
OPERATING ENGINEERS
Group I 30.38$ 4.00$ 4.50$ 38.88$
All Cranes Over 15 Tons Capacity
Hoists, 2 & 3 Drum Only
Grader, Finish
Drill Rig,Truck Mounted, Watson Class
Group I-A 30.58$ 4.00$ 4.50$ 39.08$
Cranes (w/CCO Certification)
Group II 26.51$ 4.00$ 4.50$ 35.01$
Dragline
Grader, Sub-Grade
Drill Rig, Truck Mounted, (Sterling Class)
Concrete Pump, Truck Mounted
Concrete Placing Booms
Group III 23.00$ 4.00$ 4.50$ 31.50$
Yard Crane
Hydraulic Crane, Capacity 15 Ton and Under
Dozer
Gradall
Front-End Loaders
Backhoe-Loader Combination
Track Hoe/Excavator
Skid Steer/Bobcat
Pavement Breakers
Straddle Buggy/Travel Lift
Trenching Machine
Mechanic
Welder
Group IV 22.44$ 4.00$ 4.50$ 30.94$
Asphalt Paving Machine
Batching Plant
Boring MachineConcrete Pump, Trailer Mounted
Forklift
Hoists (Electric, Hydraulic, Air)
Personnel, Material, Tugger
Inside Elevators, Temporary Only
Milling Machine
Spreading/Finishing Machine
Page 11 of 22
S-898 235S-898 235
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
OPERATING ENGINEERS, Continued
Group V 21.35$ 4.00$ 4.50$ 29.85$
Compressor, Above 250 CFM
Utility Operator
Less than Six (6) pieces of Miscellaneous Equipment
Driver, Miscellaneous Trucks
Pumps/Dewatering Systems (4"+)
Roller
Mechanical Broom
Scraper
Off-Road Trucks
Tractors
Welding Machines, three (3) or More
Group VI
Oiler/Driver/Flagman 22.00$ 4.00$ 4.50$ 30.50$
Oiler, Crawler Crane
Mechanic's Helper
Truck Drivers (Davis Bacon General Decision Number FL150221 01/09/15)
Vactor Truck 14.21$ -$ -$ 14.21$
Apprentices:
1st 6 months 12.69$ 4.00$ 4.50$ 21.19$
2nd 6 months 13.96 4.00 4.50 22.46
3rd 6 months 15.23 4.00 4.50 23.73
4th 6 months 16.50 4.00 4.50 25.00
5th 6 months 17.76 4.00 4.50 26.26
6th 6 months 19.03 4.00 4.50 27.53
7th 6 months 20.30 4.00 4.50 28.80
8th 6 months 21.57 4.00 4.50 30.07
APPRENTICE RATIO: Three (3) Apprentices to one (1) Operator. Apprentices must be under the supervision of a Operator.
(1) Per hour health benefit includes hospitalization, medical and life insurance.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Page 12 of 22
S-898 236S-898 236
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
PAINTERS/WALL COVERING INSTALLATIONS
Painter - Commercial 15.75$ 3.80$ 3.38$ 22.93$ Painter - Industrial 19.50 4.30 3.73 27.53Painter - Bridge 28.00 4.30 5.60 37.90
Apprentices:
1st 6 months 10.24$ 3.80$ 3.38$ 17.42$ 2nd 6 months 11.03 3.80 3.38 18.21 3rd 6 months 11.81 3.80 3.38 18.99 4th 6 months 12.60 3.80 3.38 19.78 5th 6 months 13.39 3.80 3.38 20.57 6th 6 months 14.18 3.80 3.38 21.36 7th and 8th 6 months 14.96 3.80 3.38 22.14
Per Hour Premiums:$1.00 Chargeperson working up to 5 employees$1.50 Chargeperson working 6 or more employees
$1.00 General Foreman above highest paid chargeperson
Painter (Highway/Parking Lot Striper) 12.13$ -$ -$ 12.13$
Operator (Spray Nozzleman) 11.16$ - - 11.16$
(1) Per hour health benefit includes hospitalization, medical and life insurance.
Each and all such applications, and similar or substitute applications, on all surfaces, interior and exterior, to include, but not to be
limited to: residences; buildings; structures; industrial, power, chemical and manufacturing plants; bridges; tanks; vats; pipes;
stacks; light and high tension poles; parking, traffic and air strip lines; trucks; automobile and railroad cars; ships; aircraft; and all
machinery and equipment;
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Industrial Rates are used on Water Treatment Plants, Pump Stations, Elevated / Ground Storage Tanks and Communication
Towers
Highway/Parking Lot Striping Only (DAVIS BACON GENERAL DECISION NUMBER FL150221 1/9/15)
Scope of work under this trade includes but is not limited to: preparation, application and removal of all types of coatings and
coating systems in relation to all painting, decorating, protective coatings, coating and staining of concrete floors and toppings,
waterproofing, masonry restoration, fireproofing, fire retarding, metal polishing, refinishing, sealing, lining, fiber glassing, E-Glass
fiberglass, carbon fiber, encapsulating, insulating, metalizing, flame spray, the application of Exterior Insulating Finishing Systems;
Page 13 of 22
S-898 237S-898 237
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
PAINTERS/WALL COVERING INSTALLATIONS - Continued
APPRENTICE RATIO: One (1) Apprentice to three (3) Painters or Wall Covering Installers.
The inspection of all coatings and/or coating systems during their applications.
All preparation for and removal of any and all materials for finishes, such as deep cleaning, patching, all levels of finishing,
taping/finishing skim coating, pointing, caulking, high pressure water, chemical and abrasive blasting, environmental blasting,
wet/dry vacuum work, chemical stripping, scraping, air tooling, bleaching, steam cleaning, asbestos and lead abatement/removal;
mold remediation and vapor barrier systems;
Any and all material used in preparation, application or removal of any paint, coatings or applications, including, but not limited to:
the handling and use of thinners, dryers, sealers, binders, pigments, primers, extenders, air and vapor barriers, emulsions, waxes,
stains, mastics, plastics, enamels, acrylics, epoxies, epoxy injection and T-Lock welding, alkalis, sheet rubber, foams, seamless and
tile-like coatings, etc.;
Any and all preparation of walls and ceilings such as scraping or any methodology for removal of existing materials, including
patching, leveling, skim coating and priming.
All material applied to walls or ceilings with adhesive, staples, tacks, by stretching or adhered by any other method, including all
papers, vinyl, flexible woods, fabrics, borders, metals upholstered wall systems, the fabric covered panels made of plastic/wood or
pre-finished products of micro fiberglass, etc., acrovin and various plastic wall coverings such as wainscot, caps, corner moldings and
accessories;
Page 14 of 22
S-898 238S-898 238
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
PILEDRIVERS, BRIDGE CARPENTERS & DIVERS
Piledrivers and Bridge Carpenters 24.70$ 3.51$ 5.85$ 34.06$
Foreman (10 or less workers) 28.20 3.51 5.85 37.56
Divers (Wet days up to 59' or Dry days) 29.15$ 3.51$ 5.85$ 38.51$
Diver Tender 24.70$ 3.51$ 5.85$ 34.06$
Foremen (10 or less ) - $2.00 per hour over the Divers rate
Foreman (11 or more workers) - $ 4.00 per hour over the Diver rate
Penetration: $1.00 per foot per day in excess of 20' after entering an enclosed structure that has no direct path to the surface.
Apprentices:
1st Year 14.82$ 3.51$ 5.85$ 24.18$
2nd Year 17.29 3.51 5.85 26.65
3rd Year 19.76 3.51 5.85 29.12
4th Year 22.23 3.51 5.85 31.59
Per Hour Premiums:
$0.50 Certified Welders
(1) Per hour health benefit includes hospitalization, medical, and life insurance.
Diver Wet Days - The diver and tender must receive the diver rate with a premium pay of $1.00 per hour/ per foot per day for (60'-100'). Over 100' will
be negotiated between the diver and the employer.
Foreman Wet Days - The foreman must receive the foremen rate with a premium pay of $2.00 per hour/ per foot per day for (50'-100'). Over 100' will be
negotiated between the diver and the employer.
For Effluent Diving (working in hazardous waters such as waste water treatment plant/tanks, sewer pipes or storm water out fall pipes) the diver and
tender must receive 1.5 times the diver and tender base rate and on wet days the diver and tender must also receive a premium pay of $1.00 per foot per
day for (60' - 100') and over 100' will be negotiated between the diver and the employer.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Scope of work includes but is not limited to: all work historically related to piledrivers, welders, drillers, burners, riggers, divers, bridge, deck
and wharf builders, signaling, and highway construction. Such work includes, but is not limited to, the following kinds, classes, or
descriptions of work: fabricating, erecting, dismantling, loading, unloading, moving, spotting, and handling of all piledriving equipment on
the jobsite;
Jobsite moving and spotting of barges used in connection with piledriving work; anchoring, bolting, boom-tending, bracing, building,
burning, capping, caulking, cutting, chipping of all types of piles, dismantling, drilling, erecting, fabricating, fitting, handling, lagging,
loading, moving, plumbing, rafting, securing, signaling, spotting, welding, wrapping, and tying back, unloading and removing, all materials
of any kind, make, shape or composition, whether prestressed or poststressed concrete, pipe, corrugated shell where power rigging is used,
sand piles, sheet piles, auger cast type piling, wood, plastic, fiberglass, steel or any metal or synthetic which is used or installed in, or for,
the building, construction, alteration, maintenance, or repair of wharfs, bridges, docks, piers, bulkheads, trestles, cofferdams, tunnels,
seawalls, seawall caps, boardwalks, deck, and temporary flotation devices;
Page 15 of 22
S-898 239S-898 239
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
PILEDRIVERS, BRIDGE CARPENTERS & DIVERS, Continued
APPRENTICE RATIO: One (1) Apprentice to three (3) Piledrivers or Bridge Carpenters.
The splicing, heading, placing of stringers for frame work, fabrication and placing of wailing, spring and fender lines of any material
described above;
Foundation work, including all piling, whether cast-in-place, poured-in-place, driven, jetted, augered, pre-augered or placed, and all caisson,
drilled shaft and vibro-flotation foundations;
The fabrication and placing of all decking and guards on all docks, wharfs, and piers on the jobsite.
The driving, vibrating, jetting, sinking, or screwing of all materials described above, whether by steam, pneumatic, hydraulic, electric,
diesel, gravity, or vibratory hammer power; All other work in connection with drilling of any holes, shafts or caissons, for foundation work,
spotting, aligning, monitoring, plumbing, and leveling of all drilling equipment whether the drilling is vertical, diagonal, on land or water,
and is performed by equipment mounted on trucks, cranes, platforms or barges, or any other kind of mounted or self-contained water or
land unit; and the handling, loading, unloading, changing, setting up, repairing, welding, or maintenance of the drilling equipment on the
job site.
Pilings used in retaining walls, reservoirs, ditches, canals, spillways, cuts, or in any place where retaining walls are used made of any kind of
material, whether temporary or permanent; weights for piers, caissons, and test piles;
Page 16 of 22
S-898 240S-898 240
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
PIPEFITTERS, AIR CONDITIONING & REFRIGERATION
R-4 UNLIMITED RESIDENTIAL AND LIGHT COMMERCIAL UP TO 10 TONS
Pipefitters, Air Conditioning & Refrigeration 18.05$ 5.70$ 1.00$ 24.75$
Pipefitters, Air Conditioning & Refrigeration 21.38$ 6.60$ 3.35$ 31.33$
R-2 COMMERCIAL LIMITED, PIPING LIMITED, ALL AC REFRIGERATION, PIPING UP TO 100 TONS
Pipefitters, Air Conditioning & Refrigeration 26.37$ 6.85$ 3.94$ 37.16$
R-1 COMMERCIAL UNLIMITED, ALL PIPING SYSTEMS OVER 100 TONS
Pipefitters, Air Conditioning & Refrigeration 33.03$ 6.85$ 4.30$ 44.18$
Foremen (2) 38.02 6.85 4.30 49.17$
General Foremen 41.35 6.85 4.30 52.50
Apprentices:
First Year (1st 6 months) 13.85$ -$ -$ 13.85$
First Year (2nd 6 months) 14.85 - - 14.85
Second year (1st 6 months) 15.25 5.45 - 20.70
Second year (2nd 6 months) 16.25 5.45 - 21.70
Third Year (without license) 17.25 5.45 - 22.70
Third Year (with license) 18.25 5.45 - 23.70
Fourth year (without license) 19.00 5.45 2.29 26.74
* Fourth year (with license) 21.00 5.45 2.29 28.74
Fifth year (without license) 24.71 6.15 2.43 33.29
*Fifth year (with license) 26.37 6.15 2.47 34.99
(1) Per hour health benefit includes hospitalization, medical and life insurance.
APPRENTICE RATIO: One (1) Apprentice to one (1) Pipefitters, Air Conditioning & Refrigeration Worker.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
R-3 COMMERCIAL AC, REFRIGERATION, ICE MACHINES, SELF CONTAINED AND SPLIT SYSTEMS UP
Scope of work includes but is not limited to: installation of all heating, ventilating, air conditioning (HVAC) systems,
including equipment and/or related piping systems, and the handling of all piping, appurtenances and equipment
pertaining to alll new construction and renovation and service work.
(2) Foreman required for 5 or more workers; also required on all jobs 150 tons or over.
Page 17 of 22
S-898 241S-898 241
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
PLASTERERS AND CEMENT MASONS
Light Commercial (Buildings under 5,000 square feet and do not have an elevator)
Interior-Exterior Plasterers 16.20$ 6.20$ 2.28$ 24.68$
Apprentices:
1st Period 10.53$ 6.20$ 2.28$ 19.01$
2nd Period 11.34 6.20 2.28 19.82
3rd Period 12.15 6.20 2.28 20.63
4th Period 12.96 6.20 2.28 21.44
5th Period 13.77 6.20 2.28 22.25
6th Period 14.58 6.20 2.28 23.06
Cement Mason & Form Setters 16.20$ 6.20$ 2.28$ 24.68$
Apprentices:
1st Period 10.53$ 6.20$ 2.28$ 19.01$
2nd Period 12.15 6.20 2.28 20.63
3rd Period 12.96 6.20 2.28 21.44
4th Period 14.58 6.20 2.28 23.06
Commercial (Buildings over 5,000 square feet or a building with an elevator)
Interior-Exterior Plasterers 20.75$ 6.20$ 2.28$ 29.23$
Apprentices:
1st Period 13.49$ 6.20$ 2.28$ 21.97$
2nd Period 14.53 6.20 2.28 23.01
3rd Period 15.56 6.20 2.28 24.04
4th Period 16.60 6.20 2.28 25.08
5th Period 17.64 6.20 2.28 26.12
6th Period 18.68 6.20 2.28 27.16
Cement Mason & Form Setters 20.75$ 6.20$ 2.28$ 29.23$
Apprentices:
1st Period 13.49$ 6.20$ 2.28$ 21.97$
2nd Period 15.56 6.20 2.28 24.04
3rd Period 16.60 6.20 2.28 25.08
4th Period 18.68 6.20 2.28 27.16
Industrial (Warehouses and Plants)
Interior-Exterior Plasterers 23.41$ 6.20$ 2.50$ 32.11$
Apprentices:
1st Period 15.22$ 6.20$ 2.50$ 23.92$
2nd Period 16.39 6.20 2.50 25.09
3rd Period 17.56 6.20 2.50 26.26
4th Period 18.73 6.20 2.50 27.43
5th Period 19.90 6.20 2.50 28.60
6th Period 21.07 6.20 2.50 29.77
Page 18 of 22
S-898 242S-898 242
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
PLASTERERS AND CEMENT MASONS, Continued
Cement Mason & Form Setters 23.41$ 6.20$ 2.50$ 32.11$
Apprentices:
1st Period 15.22$ 6.20$ 2.50$ 23.92$
2nd Period 17.56 6.20 2.50 26.26
3rd Period 18.73 6.20 2.50 27.43
4th Period 21.07 6.20 2.50 29.77
$2.00 Foreman above the highest paid Interior-Exterior Plasterers/Cement Mason & Form Setters.
$4.00 Superintendents above the highest paid Interior-Exterior Plasterers/Cement Mason & Form Setters.
Per Hour Premiums:
Apprentices:
(1) Per hour health benefit includes hospitalization, medical and life insurance.
Scope of work shall consist of any and all plastering and Concrete finishing.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Scope of work under the plastering trade includes but is not limited to the application of any type of lathing, scratch
and finishing with the entire plastering industry, Stucco, EIFS, Synthetics, etc.
Scope of work under the Cement Mason Finishers trade includes but is not limited to: the set-up and finish of any
type of concrete including but not limited to, curb and gutter, steps, man-holes, flatwork, slabs structures, and all
types of decorative concrete, including all types of stamp concrete, saw cut designs and color chemical (acid) stains.
APPRENTICE RATIO: Three (3) Apprentices to one (1) Interior/Exterior Plasterers or Cement Mason & Form Setters
provided that (1) Apprentice is 4th period or higher.
$.50 for operators of the concrete finishing machine, swinging scaffold, laser screeds, curb machine, and/or any
Page 19 of 22
S-898 243S-898 243
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
ROOFERS, WATERPROOFERS & ALLIED WORKERS
Roofers, Waterproofers & Allied Workers 19.72$ 5.87$ 2.03$ 27.62$
Foreman 21.72 5.87 2.03 29.62
Helpers
1st year 9.86$ 5.87$ 2.03$ 17.76$
2nd year 11.83 5.87 2.03 19.73
3rd year 13.80 5.87 2.03 21.70
(1) Per hour health benefit includes hospitalization, medical and life insurance.
All types of restaurant, coatings, mastics and toppings when used for roof maintenance and repairs.
All tear-off and/or removal (of any type of roofing), all spudding, sweeping, vacuuming and/or cleanup of any and all areas of any
type where a roof is to be re-laid.
Scope of work under this trade includes but is not be limited to: Slate and tile roofers shall do all work on the following: All slate
where used for roofing of any size, shape or color, including fiat or promenade slate, with necessary metal flashing to make
watertight. All file where used for roofing of any size, shape or color, and in any manner laid including flat or promenade tile, with
necessary metal flashing to make watertight. All asbestos shingles where used for roofing of any size, shape or color, and in any
manner, laid with necessary metal flashing to make watertight. All cementing in, or around said slate or tile roof. All laying of felt or
paper beneath the above mentioned work. All dressing, punching and cutting of all roof slate or tile. All operation of slate cutting
punching machinery. All substitute material taking the place of slate or tile, as asbestos, slate or tile, cement or composition tile,
excepting shingles of wood or metal file. All removal of slate or file roofing as defined above where the same is to be re-laid.
Composition roofers shall do all work on the following: All forms of plastic, slate, slag and gravel roofing. All kinds of asphalt and
composition roofing. All rock asphalt and composition roofing. All rock asphalt mastic when used for damp and waterproofing. All
prepared paper roofing. All compressed paper, chemically prepared paper, and burlap when used for roofing or damp and
waterproofing purposes, with or without coating. All damp resisting preparations when applied with a mop, three-knot brush, roller,
swab or spray system in or outside or building. All damp course, sheeting or coating on all foundation work. All tarred floors. All
laying of tile or brick, when laid in pitch tar, asphalt mastic, marmolite, or any form bitumen. All forms of insulation used as a part of
or in connection with roofing, waterproofing or damp proofing.
All forms of elastomeric and/or plastic (elasto-plastic) roofing systems, both sheet and liquid applied, whether singly or multi-ply.
These shall include but not be limited to: PVC (polyvinyl chloride systems), Butyl Rubber, EPDM (ethylene propylene diene
monomer), PIB (polyisobutylene), CPE (chlorosulfonated polyethylene), ECB (ethylene-copolymer-bitumen and anthracite dusts.)
Also know as modified or plasticized asphalt. MI insulations applied with the above systems, whether laid dry, mechanically
fastened, or attached with adhesives. All types of aggregates, blocks, bricks or stones used to ballast these elasto-plastic systems.
All types of aggregates, blocks or stones used as a ballast for Inverted Roofing Membrane Assembly. (IRMA) roofs or roofs of similar
construction where insulation is laid over the roofing membrane. All sealing and caulking of seams and joints on these elasto-plastic
systems to ensure water tightness. All liquid-type elasto-plastic preparations for roofing, damp or waterproofing when applied with a
squeegee, trowel, roller or spray equipment, whether applied inside or outside of a building.
All sheet-type elasto-plastic systems, whether single or multi-ply for waterproofing either inside or multi-ply for waterproofing either
inside or outside of a building. All priming of surfaces to be roofed, damp or waterproofed, whether done by roller, mop, swap,
three-knot brush, or spray systems. All types of pre-formed panels used in waterproofing (Volclay, etc.) All applications of
protection board to prevent, damage to the damp proofing or waterproofing membrane by other crafts or during backfilling
operations. All handling of roofing, damp and waterproofing materials. All hoisting of roofing, damp and waterproofing materials.
All types of spray- in place foams, such as urethane or polyurethane, and the coatings that are applied over them.
Page 20 of 22
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MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
SHEET METAL WORKERS
Commercial
Sheet Metal Workers 23.34$ 5.31$ 6.63$ 35.28$
Foremen 25.67 5.31 6.63 37.61
General Foremen 26.84 5.31 6.63 38.78
Industrial
Sheet Metal Workers 30.12$ 5.31$ 6.63$ 42.06$
Foremen 34.64 5.31 6.63 46.58
General Foremen 36.14 5.31 6.63 48.08
Industrial Rate are used Garbage Disposal Plants and Water & Sewer Treatment Plants.
Apprentices:
1st 6 months 11.67$ 5.31$ 3.32$ 20.30$
2nd 6 months 12.84 5.31 3.65 21.80
3rd 6 months 14.00 5.31 3.98 23.29
4th 6 months 15.17 5.31 4.31 24.79
5th 6 months 16.34 5.31 4.64 26.29
6th 6 months 17.51 5.31 4.98 27.80
7th 6 months 18.67 5.31 5.30 29.28
8th 6 months 19.84 5.31 5.64 30.79
(1) Per hour health benefit includes hospitalization, medical, dental, and life insurance.
APPRENTICE RATIO: One (1) Apprentice to three (3) Sheetmetal Workers.
NOTE: Apprentices will be permitted to work at these rates when they are employed pursuant to and individually registered in a
legitimate apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau. In Florida this agency is the Florida
Department of Education, Division of Career and Adult Education, Apprenticeship Section -
http://www.fldoe.org/workforce/apprenticeship. Please see page 6 of the Supplemental General Conditions for more information.
Scope of work includes but is not limited to: (a) manufacture, fabrication, assembling, handling, erection, installations,
dismantling, conditioning, adjustment, alteration, repairing, and servicing of all ferrous or nonferrous metal work and all other
materials used in lieu thereof and of all HVAC systems, air veyor systems, exhaust systems and air handling systems regardless
of material used including the setting of all equipments and all reinforcements in connection therewith; (b) all lagging over
insulation and all duct lining; (c) testing and balancing of all air-handling equipment and duct work; (d) the preparation of all
shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those
taken from original architectural and engineering drawings or sketches; and, (e) installation of proprietary and non proprietary
metal roofing.
Page 21 of 22
S-898 245S-898 245
MIAMI-DADE COUNTY
§2-11.16 CODE OF MIAMI-DADE COUNTY
RESPONSIBLE WAGES AND BENEFITS SCHEDULE
"HEAVY CONSTRUCTION"
TRADE/WORK LEVEL PER HOUR PER HOUR PER HOUR COMBINED
CLASSIFICATION WAGE RATE HEALTH PENSION DOLLAR
BENEFIT (1) BENEFIT VALUE
2016
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
For any class of laborers or mechanics which is not listed in the wage determination
and which is to be employed under the contract, the required wage rate shall be the
combined overall dollar value on an hourly basis of the "basic hourly rate of pay"
(as defined in 29 C.F.R. Section 5.24) and of the fringe benefits payments for
hospitalization, medical, pension and life insurance for such class under the
United States Secretary of Labor's applicable Davis -Bacon wage
determination in effect for Miami Dade County.
Questions concerning the comparability of worker classifications or the applicability
of Davis-Bacon classification shall be determined by the County.
Please Contact:
Internal Services Department
Small Business Development Division
The Stephen P. Clark Center
111 N.W. 1st Street - 19th Floor
Miami, Florida 33128-1906
Phone Number: (305) 375-3111
Fax Number: (305) 375-3160
Page 22 of 22
S-898 246S-898 246
NOTICE County Code §2-11.16 NOTICE TO ALL EMPLOYEES WORKING ON COUNTY CONSTRUCTION PROJECTS RESPONSIBLE WAGES AND BENEFITS MINIMUM WAGE You must be paid not less than the required base hourly rate for every hour worked. You may not be paid below the base rate even if the value of the fringe benefits provided to you exceeds the value of the health and pension required in the schedule. Additionally, you must be paid not less than the combined dollar value (Base Rate + Health + Pension Benefit) listed in the schedule posted with this notice for the type of work you are performing as listed on the wage and benefits schedule applicable to this project. APPRENTICES & TRAINEES Apprentices/trainees rates apply only to apprentices and trainees properly registered under an approved Federal or State apprenticeship or training program. SANCTIONS Sanctions for a first time offender are 10% of the amount of underpayment payable to the County. The sanctions increase to 20% for the second underpayment and 30% for the third underpayment. Contractors found to have underpaid a fourth time may be subject to suspension or termination in accordance with the contract terms and debarment in accordance with the debarment procedures of the County. COMPLAINTS Written complaints of underpayment should be filed with:
MIAMI-DADE COUNTY INTERNAL SERVICES DEPARTMENT
SMALL BUSINESS DEVELOPMENT DIVISION 111 NW 1ST STREET, 19TH FLOOR, MIAMI, FLORIDA 33128-1975
TELEPHONE: (305) 375-3111 FAX: (305) 375-3160 WEB PAGE: http://www.miamidade.gov/business/reports-wages.asp
S-898 247S-898 247
FAIR WAGE AFFIDAVIT
Before me, the undersigned authority appeared _______________________________
(PRINT NAME) the ___________________________ of _____________________________________, (PRINT TITLE) (PRINT NAME OF BIDDER OR PROPOSER) who attests that ________________________________________shall pay workers on (PRINT NAME OF BIDDER OR PROPOSER) the project minimum wage rates in accordance with Responsible Wages and Benefits, Section 2-11.16 of the Code of Miami-Dade County and the Labor Provisions of the contract documents. State of FLORIDA County of Miami-Dade Sworn to (or affirmed) and subscribed before me this ____ day of _____________, 201___. Personally known or produced identification. ______________________________________ (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Type of identification produced:
S-898 248S-898 248
U.S. Department of LaborEmployment Standards AdministrationWage and Hour Division
PAYROLL(For Contractor's Optional Use; See Instructions, Form WH-347 Inst.)
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR !!!! OR SUBCONTRACTOR !!!! ADDRESS OMB No.: 1215-0149Expires: 03/31/2003
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.
(1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9)(8)
DEDUCTIONS
O
O
O
O
O
O
O
O
FORM WH-347, Revised Nov. 1998 - FORMERLY SOL 184 - PURCHASE THIS FORM DIRECTLY FROM THE SUPT. OF DOCUMENTS
We estimate that it will take an average of 56 minutes to complete this collection of information, including time for reviewing instructions searching existing data sources, gathering andmaintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection ofinformation, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U. S. Department of Labor, Room S3502, 200 ConstitutionAvenue, N. W., Washington, D. C. 20210.
NAME, ADDRESS, ANDSOCIAL SECURITY NUMBER
OF EMPLOYEE NO
. OF
WIT
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OLD
iNG
EX
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ION
S
WORKCLASSIFICATION O
T. O
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T.
HOURS WORKED EACH DAYTOTALHOURS
RATEOF PAY
GROSSAMOUNTEARNED FICA
WITH-HOLDING
TAX OTHERTOTAL
DEDUCTIONS
NETWAGES
PAIDFOR WEEK
S /
S /
S /
S /
S /
S /
S /
S /
S-898 250S-898 250
REMARKS:
NAME AND TITLE SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR ORSUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE31 OF THE UNITED STATES CODE.
* U.S. G.P.O.:1997 519.861
Date
all persons employed on said project have been paid the full weekly wages earned, that no rebates havebeen or will be made either directly or indirectly to or on behalf of said
from the full(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectlyfrom the full wages earned by any person, other than permissible deductions as defined in Regulations, Part3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948,63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period arecorrect and complete; that the wage rates for laborers or mechanics contained therein are not less than theapplicable wage rates contained in any wage determination Incorporated into the contract; that theclassifications set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fideapprenticeship program registered with a State apprenticeship agency recognized by the Bureau ofApprenticeship and Training, United States Department of Labor, of if no such recognized agency exists in aState, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That:(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
! − in addition to the basic hourly wage rates paid to each laborer or mechanic listed inthe above referenced payroll, payments of fringe benefits as listed in the contracthave been or will be made to appropriate programs for the benefit of suchemployees, except as noted in Section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
! − Each laborer or mechanic listed in the above referenced payroll has been paid,as indicated on the payroll, an amount not less than the sum of the applicablebasic hourly wage rate plus the amount of the required fringe benefits as listedin the contract, except as noted in Section 4(c) below.
(c) EXCEPTIONS
EXCEPTION (CRAFT) EXPLANATION
I, , (Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by
on the (Contractor or Subcontractor)
; that during the payroll period commencing on the (Building or Work)
day of , , and ending the day of , ,
S-898 251S-898 251