board of county commissioners carlos a. gimenez…dnhiggins.com/docs/vol 1 of 3 - 2016-06 bid...

251
MIAMI-DADE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CARLOS A. GIMENEZ, MAYOR JEAN MONESTIME, CHAIRPERSON BARBARA J. JORDAN REBECA SOSA AUDREY M. EDMONSON SALLY A. HEYMAN BRUNO A. BARREIRO XAVIER L. SUAREZ DANIELLA LEVINE CAVA DENNIS C. MOSS SEN. JAVIER D. SOUTO JUAN C. ZAPATA JOSÉ "PEPE" DIAZ ESTEBAN BOVO, Jr. CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE. CONTRACT No. S-902 ER No. S049334 BID DOCUMENTS PCTS No. 12348 JUNE 2016 Volume 1 of 3 MIAMI-DADE WATER AND SEWER DEPARTMENT PREPARED BY LESTER SOLA, DIRECTOR HDR, INC.

Upload: phamduong

Post on 29-Nov-2018

217 views

Category:

Documents


0 download

TRANSCRIPT

MIAMI-DADE COUNTY, FLORIDA

BOARD OF COUNTY COMMISSIONERS

CARLOS A. GIMENEZ, MAYOR

JEAN MONESTIME, CHAIRPERSON

BARBARA J. JORDAN REBECA SOSA AUDREY M. EDMONSON SALLY A. HEYMAN BRUNO A. BARREIRO XAVIER L. SUAREZ

DANIELLA LEVINE CAVA DENNIS C. MOSS SEN. JAVIER D. SOUTO JUAN C. ZAPATA JOSÉ "PEPE" DIAZ ESTEBAN BOVO, Jr.

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE.

CONTRACT No. S-902

ER No. S049334 BID DOCUMENTS PCTS No. 12348 JUNE 2016

Volume 1 of 3

MIAMI-DADE WATER AND SEWER DEPARTMENT PREPARED BY LESTER SOLA, DIRECTOR HDR, INC.

TABLE OF CONTENTS

S-902 Page 1 of 4 BID SET

VOLUME 1 of 3 TABLE OF CONTENTS (4 pages)

ADVERTISEMENT FOR BIDS (2 pages)

INSTRUCTION TO BIDDERS (29 pages)

SPECIAL PROVISIONS (9 pages)

SUBMITTAL CHECK LIST WITH BID (1 page)

PROPOSAL FORM (11 pages plus 3A thru 3H)

CERTIFIED RESOLUTION (Proposal/Bid Bond) (1 page)

PRESCRIBED BID BOND (6 pages)

QUESTIONNAIRE (5 pages)

ISD FORM NO. 1 DB – LOCAL BUSINESS PREFERENCE AFFIDAVIT (2 pages)

SCHEDULE OF INTENT AFFIDAVIT (SBE-CONST) PROGRAM (1 page)

SCHEDULE OF INTENT AFFIDAVIT (SBE-G/S) PROGRAM (1 page)

RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM RESPONSIBLE CONTRACTOR/SUBCONTRACTOR AFFIDAVIT FORM (RFTE 1 CONTRACTORS) (1 page)

SUBMITTAL CHECKLIST PRIOR TO AWARD (1 page)

CONTRACT (3 pages)

CERTIFIED RESOLUTION (1 page)

SURETY PERFORMANCE AND PAYMENT BOND (3 pages)

VENDOR AFFIDAVITS FORM (4 pages)

COLLUSION AFFIDAVIT (2 pages)

SUBCONTRACTOR/SUPPLIER LISTING (1 page)

COMMUNITY WORKFORCE PROGRAM WORKFORCE PLAN (3 pages)

RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM RESPONSIBLE CONTRACTOR/SUBCONTRACTOR AFFIDAVIT FORM (RFTE 1 SUBCONTRACTORS) (1 page)

RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM CONSTRUCTION WORKFORCE PLAN (RFTE 2) (1 page)

SWORN STATEMENT ON PUBLIC ENTITY CRIMES (2 pages)

TABLE OF CONTENTS SCRUTINIZED COMPANIES LIST RQUIREMENT CERTIFICATION FORM (1 page)

DUE DILLIGENCE AFFIDAVIT (1 page)

GENERAL TERMS AND CONDITIONS (89 pages)

SUPPLEMENTAL GENERAL TERMS AND CONDITIONS (4 pages)

RESPONSIBLE WAGES AND BENEFITS FOR HEAVY CONSTRUCTION (36 pages)

VOLUME 2 of 3

TECHNICAL SPECIFICATIONS DIVISION 1 – GENERAL REQUIREMENTS 01010 Summary of Work 01010-1 – 01010-04 01011 Site Conditions 01011-1 – 01011-04 01015 Index of Drawings 01015-1 – 01015-02 01016 Safety Requirements and Protection of Property 01016-1 – 01016-06 01018 Environmental Contamination 01018-1 – 01018-01 01025 Measurement and Payment 01025-1 – 01025-08 01031 Grades, Lines and Levels 01031-1 – 01031-02 01090 Reference Standards and Abbreviations 01090-1 – 01090-02 01100 Special Project Procedures 01100-1 – 01100-12 01120 Work Sequence of Construction 01120-1 – 01120-03 01291 Schedule of Values 01291-1 – 01291-02 01310 Project Schedule, Meetings and Reports 01310-1 – 01310-06 01311 Project Coordination 01311-1 – 01310-05 01340 Shop Drawings, Product Data, and Samples 01340-1 – 01340-09 01451 Contractor Quality Control 01451-1 – 01451-08 01560 Environmental Protection and Special Controls 01560-1 – 01560-03 01600 Materials and Equipment Shipment, Handling, Storage, and Protection 01600-1 – 01600-03 01710 Cleaning 01710-1 – 01710-02 01720 Project Record Documents 01720-1 – 01720-06 01730 Operating and Maintenance Manuals 01730-1 – 01730-10 01740 Permits 01740-1 – 01740-02 01750 Maintenance of Traffic and Public Streets 01750-1 – 01750-02 DIVISION 2 - SITEWORK 02230 Clearing and Grubbing 02230-1 – 02230-02 02260 Steel Sheet Piling 02260-1 – 02260-01 02315 Trenching and Backfilling for Piping Systems 02315-1 – 02315-11 02505 Cleaning and Testing 02505-1 – 02505-03 02536 Precast Manholes and Covers 02536-1 – 02536-06 02741 Prime and Tack Coats 02741-1 – 02741-03

S-902 Page 2 of 4 BID SET

TABLE OF CONTENTS 02745 Pavement Removal and Replacement 02745-1 – 02745-07 02822 Chain-link Fence 02822-1 – 02822-01 02900 Landscaping 02900-1 – 02900-01 DIVISION 3 – CONCRETE 03300 Cast in Place Concrete, Reinforcing and Formwork 03300-1 – 03300-17 03375 Flowable Fill 03375-1 – 03375-03 03400 Precast Pre-stressed Concrete 03400-1 – 03400-05 03600 Grout 03600-1 – 03600-02 DIVISION 4 –MASONRY 04100 Mortar for Masonry 04100-1 – 04100-03 DIVISION 5 – METALS 05120 Miscellaneous and Structural Steel 05120-1 – 05120-05 05550 Castings 05550-1 – 05550-03 DIVISION 9 – FINISHES 09900 Painting 09900-1 – 09900-12 DIVISION 15 – MECHANICAL 15050 Basic Mechanical Requirements 15050-1 – 15050-04 15060 Piping and Fittings (DIP) 15060-1 – 15060-23 15100 Valves, (General) 15100-1 – 15100-06 15125 Plug Valves 15125-1 – 15125-04

VOLUME 3 of 3 APPENDIX APPENDIX A - General Terms and Conditions Article 13 “Special Terms and Conditions for

working on Miami Dade Aviation Property” APPENDIX B - MDAD Special Requirements F-162 Chain-link Fence F162-1 – F162-05 P-160 Contaminated Soil / Groundwater P160-1 – P160-03 T-904 Sodding, Seeding and Fertilizing T904-1 – T904-04 APPENDIX C - Geotechnical Report

S-902 Page 3 of 4 BID SET

TABLE OF CONTENTS APPENDIX D - Plans and Survey APPENDIX E - Permits

END OF TABLE OF CONTENTS

S-902 Page 4 of 4 BID SET

ADVERTISEMENT FOR BIDS MIAMI-DADE COUNTY, FLORIDA

Sealed bids for a Consent Decree (CD) Project known and identified as CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DUCTILE IRON FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE, CONTRACT No. S-902, 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 27th, 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 2:30 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 1.92% and the Small Business Enterprise – Goods and Services goal is 1.51% 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 4.10. 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.

In general, this project consists of furnishing all labor, materials and all equipment necessary for the open cut installation of approximately 10,900 linear feet of 54-inch diameter force main from NW 57th Avenue to NW 37th Avenue, within the north bounds of the Opa-Locka Executive Airport Airside Operations Area along the south edge of the Biscayne Canal (C-8).

The scope of the work includes, but is not limited to, making connections to existing mains, dewatering, sheeting and shoring to control trench width, making temporary and permanent paving repairs, cleaning and testing the main and all other appurtenant and miscellaneous items and work for a complete, functional and satisfactory installation. The Contractor will be required to mobilize each evening, work through the night and be demobilized by 8:00 AM to allow the landing strip to operate. In addition, during the prosecution of the work, the Contractor shall be in full compliance with all applicable provisions of the General Terms and Conditions Article 13, “Special Terms and Conditions for working on Miami-Dade Aviation Property”, included in Appendix A and the provisions of the Miami-Dade Aviation Department Special Requirements, included in Appendix B of the Contract Documents.

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 $15,029,202.26. NOTE: THIS AMOUNT DOES NOT INCLUDE A CONTINGENCY ALLOWANCE, OR DEDICATED ALLOWANCES. The construction time is 400 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-902 Page 1 of 2 BID SET

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-902 Page 2 of 2 BID SET

INSTRUCTION TO BIDDERS

TABLE OF CONTENTS

1. DEFINITIONS ............................................................................................................. 32. SCOPE OF THE PROJECT ....................................................................................... 73. INTERPRETATION OF CONTRACT DOCUMENTS ................................................. 74. RESPONSIBILITY OF THE BIDDER TO BE INFORMED ......................................... 75. UTILITY CONNECTION FEES NOT BIDDABLE ....................................................... 86. CONFLICT WITH GENERAL TERMS AND CONDITIONS ....................................... 97. OTHER WORK BEING DONE AT OR NEAR THE SITE ........................................... 98. QUANTITIES IN PROPOSAL APPROXIMATE ONLY .............................................. 99. PRICES BID ............................................................................................................... 910. SUBMISSION OF BIDS ............................................................................................ 1011. SIGNATURE OF BIDDERS ...................................................................................... 1012. BID SECURITY ......................................................................................................... 1113. QUALIFICATIONS OF BIDDERS ............................................................................ 12

A. Bidder Qualification .................................................................................................. 12

B. Vendor Registration ................................................................................................. 12

C. Public Entity Crimes ................................................................................................. 14

14. DISQUALIFICATION OF BIDDERS ......................................................................... 1415. WITHDRAWAL OF BID ............................................................................................ 1516. RIGHT TO ACCEPT OR REJECT BIDS .................................................................. 1517. AWARD OF CONTRACT ......................................................................................... 1518. EXECUTION OF CONTRACT .................................................................................. 1619. PERFORMANCE AND PAYMENT BOND ............................................................... 1620. DISCLOSURE AFFIDAVIT ....................................................................................... 1821. RESPONSIBLE WAGES AND BENEFITS .............................................................. 1822. VENDORS AFFIDAVIT ............................................................................................ 1923. INSPECTION OF SITE ............................................................................................. 1924. PROTEST PROCEDURES ...................................................................................... 1925. PENALTY FOR WORK WITHOUT PERMITS .......................................................... 1926. INDEPENDENT PRIVATE SECTOR INSPECTOR GENERAL ................................ 2027. ANTI-DISCRIMINATION ORDINANCE ADMINISTRATIVE ORDER ....................... 2028. COUNTY CONTRACTORS EMPLOYMENT AND PROCUREMENT PRACTICES 2029. OFFICE OF MIAMI-DADE COUNTY INSPECTOR GENERAL ................................ 2131. MANDATORY POSTING NOTICES OF JOB OPPORTUNITIES WITH

CLEARINGHOUSE .................................................................................................. 2232. REQUIRED BIDDER'S CERTIFICATION ................................................................ 2233. COST BREAKDOWN ............................................................................................... 2334. TRENCH SAFETY ACT ........................................................................................... 2335. PAPERWORK REDUCTION .................................................................................... 2336. FALSE CLAIMS ....................................................................................................... 2437. OUTSTANDING OBLIGATIONS TO THE COUNTY ................................................ 2438. ALLOWANCE ACCOUNT AND APPROVED PERMIT FEE CALCULATION ......... 2539. COMMUNITY WORKFORCE PROGRAM ............................................................... 25

S-902 Page 1 of 29 BID SET

INSTRUCTION TO BIDDERS

40. RESIDENTS FIRST TRAINING AND EMPLOYMENT PROGRAM ......................... 2541. SUSTAINABLE BUILDINGS PROGRAM ................................................................ 2642. LOCAL PREFERENCE ORDINANCE ..................................................................... 2643. HOMELAND SECURITY’S E-VERIFY SYSTEM ...................................................... 2744. USER ACCESS PROGRAM (UAP) ......................................................................... 2745. ASBESTOS .............................................................................................................. 2746. THANKSGIVING-CHRISTMAS SHUT DOWNS AND WORKING HOURS ............. 2847. SAFETY, FIRE PREVENTION, AND ENVIRONMENTAL CONSIDERATIONS ...... 29

S-902 Page 2 of 29 BID SET

INSTRUCTION TO BIDDERS

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

S-902 Page 3 of 29 BID SET

INSTRUCTION TO BIDDERS

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;

S-902 Page 4 of 29 BID SET

INSTRUCTION TO BIDDERS

(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 followingCounty 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).

S-902 Page 5 of 29 BID SET

(aa) Registered Vendor – shall refer to a firm that has completed the Miami-Dade County Business

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 andConditions.

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;

S-902 Page 6 of 29 BID SET

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

S-902 Page 7 of 29 BID SET

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.

S-902 Page 8 of 29 BID SET

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,

S-902 Page 9 of 29 BID SET

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.

S-902 Page 10 of 29 BID SET

(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.

S-902 Page 11 of 29 BID SET

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

S-902 Page 12 of 29 BID SET

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) ofthe 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, CountyCode Section 10-34)

13. W-9 and IRS Letter 147CThe vendor must furnish these forms as required by the Internal Revenue Service.

14. Social Security NumberIn order to establish a file for your firm, you must provide your firm’s Federal EmployerIdentification Number (FEIN). If no FEIN exists, the Social Security Number of the owner orindividual 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 ofan individual’s Social Security Number, be aware that PMS requests the Social SecurityNumber 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 andsorting departmental records

15. Office of the Inspector GeneralPursuant to Section 2-1076 of the County Code.

S-902 Page 13 of 29 BID SET

16. Small Business Enterprises (SBE)The County endeavors to obtain the participation of all small business enterprisespursuant to Sections 2-8.2, 2-8.2.3 and 2- 8.2.4 of the County Code and Title 49 ofthe Code of Federal Regulations. The SBE program provisions are available athttp://www.miamidade.gov/business/business-development-legislation.asp.

17. Antitrust LawsBy acceptance of any contract, the vendor agrees to comply with all antitrust lawsof 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

S-902 Page 14 of 29 BID SET

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.

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 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

S-902 Page 15 of 29 BID SET

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

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

S-902 Page 16 of 29 BID SET

(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 requiredby 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 theUnited 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 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.

S-902 Page 17 of 29 BID SET

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 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

S-902 Page 18 of 29 BID SET

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

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.

S-902 Page 19 of 29 BID SET

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 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

S-902 Page 20 of 29 BID SET

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 PROCEDURESORDINANCES 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 beawarded 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; ande) 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 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

S-902 Page 21 of 29 BID SET

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 provisionsof Section 489.115 of the Florida Statutes; or

2) The Miami-Dade County Construction Trades Qualifying Board, pursuant to theprovisions of Section 10-3 (a) of the Miami-Dade County Code. Holders of Miami-DadeCounty Certificates of Competency must also hold Certificates of Registration issued bythe State of Florida Construction Industry Licensing Board, pursuant to the provisions

S-902 Page 22 of 29 BID SET

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.

35. PAPERWORK REDUCTION

In an effort to reduce the complexity and paperwork involved in submission of bids for County

S-902 Page 23 of 29 BID SET

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.

S-902 Page 24 of 29 BID SET

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-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.

S-902 Page 25 of 29 BID SET

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 toattain “Silver” or higher level rating under the LEED-NC Rating System.

b. Major Renovations and Remodels: All major renovations and remodels shallattain “Certified” or higher level rating under the LEED-NC Rating System.

c. Non-Major Renovations and Remodels: All non-major renovations andremodels shall attain “Certified” or higher level rating under the appropriateLEED Rating System such as LEED-NC, LEED-Existing Building (EB) orLEED-Commercial Interior (CI).

d. Renovations, remodels, and other building upgrades not meeting the abovecriteria are encouraged to incorporate the maximum number of LEEDapproved green building practices as are feasible from a practical and fiscalperspective; 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 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.

S-902 Page 26 of 29 BID SET

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 inBroward 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 Notification Form prior to the Notice To Proceed.

Prohibition on Asbestos Containing Materials during new installation

S-902 Page 27 of 29 BID SET

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 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,

S-902 Page 28 of 29 BID SET

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 Plano Identification of competent persono Safety statistical data, which will include severity and lost-time frequencieso Contractor daily project safety inspectionso Project Emergency Notification List (updated as needed)o Equipment certification and daily inspectiono Trenching inspectiono Confined Space Entry Permitting and coordinationo Maintenance of Traffic Inspectiono Hazard Communicationo Work zone safety and flaggingo Lockout/Tagout Coordinationo Fire prevention, hotwork permitting, and Fire Watch

S-902 Page 29 of 29 BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

S‐902  1  BID SET 

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 .............................................................................. 7 

SP-6.0  USER ACCESS PROGRAM ................................................................................................ 8 

WORKING HOURS AND INSPECTION CHARGES .......................................................... 8 SP-70 

SP-8.0  REVIEW OF RECORDS ....................................................................................................... 8 

SP-9.0 OPA-LOCKA ACCESS CONTROL ........................................................................... 9

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  2  BID SET 

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.

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  3  BID SET 

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 Contractual Liability, Broad Form Property Damage and Products and Completed Operations, 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) $5,000,000 combined single limit per occurrence for bodily injury and

property damage for vehicles used Airside Operations Area (AOA).

(2) $1,000,000 combined single limit per occurrence for bodily injury and property damage covering vehicles when being used by the Contractor off of the AOA.

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:

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  4  BID SET 

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.

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.

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  5  BID SET 

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 $2,700 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 4.10,. 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 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

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  6  BID SET 

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 on January 28, 2018 shall

result in Consent Decree Liquidated Damages as listed below.

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

(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

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  7  BID SET 

(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 as stated in the Advertisement for Bids.

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

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  8  BID SET 

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 for this contract are as stated in the

Advertisement for Bids

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 Sunday ____9:00_PM__ to ____8:00 AM___

County Holiday _______ (AM/PM) to _______ (AM/PM) Special Events _______ (AM/PM) to _______ (AM/PM)

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.

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.

SPECIAL PROVISIONS S‐902 

Consent Decree Project CD 4.10 (2) 

 S‐902  9  BID SET 

SP-9.0 OPA-LOCKA ACCESS CONTROL

ID ISSUANCE:

1. The form must be typed and signed by the MDAD project Manager (whoever is assigned). If None is assigned by MDAD, then PMCM Team will need to decide who will sign for the project IDs

2. ID Form will expire two weeks after it is signed and dated by the Project Manager 3. The IDs will be encoded only for the duration of the project (up to a maximum of 2 years) and

may not be encoded to access any of the electronic Matrix gates 4. Due to the location of the construction site, they will not be given access to the General Aviation

ramps 5. All ID's must be returned upon completion of the project, or expiration of the ID (whichever comes

first) 6. ID Issuance is a $20.00 fee per ID and Employee must present photo ID

a. Lost ID's will be replaced for a fee of $75.00

b. Second occurrence of a lost ID carries a fee of $100.00

c. If an ID is stolen, the employee must present a copy of the Police Report

7. ID issuance form can be found on-line at: http://www.miami-airport.com/opalocka.asp

ACCESS CONTROL:

1. Access will be through up to two Rendezvous Gates on the airfield a. These gates will be manned at all times while open

b. Absolutely no equipment will be staged in such a way as to block egress through the gate by emergency response vehicles

2. One ID holder can control up to 5 NON-ID individuals a. The ID holder must not allow individuals to exceed a distance where orders

cannot be verbally heard

OPERATION:

1. All work zones will be delineated to ensure all equipment and personnel remain within the work zone at all times

2. Feeding of wildlife is not allowed. Individuals will ensure that any food is collected and disposed offsite

3. Pre-Operation inspections will be performed every morning prior to vacating work site

ENFORCEMENT:

The violation of any of these rules will result in an issuance of a Civil Violation, up to $260.00 and the individual's airport access will be terminated.

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF

BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE.

CONTRACT NO. S-902

SUBMITTALS DUE AT BID

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

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 & Services)

Residents First Training and Employment Program Affidavit

S-902 Page 1 of 1 BID SET

 

 

 

 

 

 

 

 

THIS PAGE

INTENTIONALLY

LEFT BLANK

PROPOSAL FORM

FOR CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH

DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE.

CONTRACT NO. S-902

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-902 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 Four Hundred Fifty (400) consecutive calendar days including delivery time for materials and equipment.

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-902 Page 2 of 11

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3A of 11 BID SET

Item No.

Estimated Quantity

Description

Total

1.

Sq. yd.

(11,680)

Pavement Removal and Replacement (Airport Internal Service Road) Aggregate for earthwork, shell rock, compaction, asphalt materials and all the necessary materials and equipment needed, for repair and restoration of Asphaltic Service Road according to the requirements identified for Pavement removal and replacement, complete, the price per loose cubic yard of Dollars and Cents ($____________) $

2.

Sq. yd.

(11,680)

Seeding, Sodding and Landscaping for mechanical seeding hydro or air seeding for large areas, includes lime, fertilizer and seed according to the requirements identified for landscaping, complete, the price per square yard of Dollars and Cents ($____________) $

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3B of 11 BID SET

Item No.

Estimated Quantity

Description

Total

3. Aggregate Sum

48”x 48” Ductile Iron Tee For selling and delivery to the department a 48”x48” DI Tee with 48” MJ Branch, 48” DI Spool Piece with Tap for Automatic Air Release Valve, 48” Plug Valve, 48” DI Solid Sleeve (Long) (Restrained) Coupler, 48”x54” DI MJ Reducer, at the West Connection shown on the plans or where directed by the Engineer in the field, complete, the aggregate sum of Dollars and Cents ($____________) $

4. Aggregate Sum

48”x 48” Ductile Iron Tee For removing a joint of existing 48” DI FM pipe, and installing a 48”x48” DI Tee with 48” MJ Branch, 48” DI Spool Piece with Tap for Automatic Air Release Valve, 48” Plug Valve, 48” DI Solid Sleeve (Long) (Restrained) Coupler, 48”x54” DI MJ Reducer, with Flowable Fill Backfill of the Excavation at the West Connection shown on the plans or where directed by the Engineer in the field, complete, the aggregate sum of Dollars and Cents ($____________) $

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3C of 11 BID SET

Item No.

Estimated Quantity

Description

Total

5. Aggregate Sum

54”x54” Epoxy Coated Steel Tee, Spool Pieces, and Butt Straps For selling and delivering to the Department a 54”x54” Epoxy Coated Steel Tee fitting with 54” MJ Branch, 54” Spigot by Plain End Epoxy Coated Steel Spool Piece, 54” Bell by Plain End Epoxy Coated Spool Piece, two Welded Steel Butt Straps at the East Connection shown on the plans or where directed by the Engineer in the field, complete, the aggregate sum of Dollars and Cents ($____________) $

6.

Aggregate

Sum

54”x54” Epoxy Coated Steel Tee For removing pipe joint from existing 54” PCCP FM, and installing a 54”x54” Epoxy Coated Steel Tee with 54” MJ groove on the Branch, 54” Epoxy Coated Steel Spigot by Plain End, and Epoxy Coated Bell by Plain End Spool Piece, two Welded Steel Butt Straps, with Flowable Fill Backfill of the Excavation at the East Connection shown on the plans or where directed by the Engineer in the field, complete, the aggregate sum of Dollars and Cents ($____________) $

7.

ea. (4)

Access Manholes For selling and delivery to the department access manholes at locations shown on the plans, or where directed by the Engineer in the field, complete as shown in the Standard Details, complete, the price each of Dollars and Cents ($____________) $

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3D of 11 BID SET

Item No.

Estimated Quantity

Description

Total

8.

ea. (4)

Access Manholes For installing access manholes at locations shown on the plans, or where directed by the Engineer in the field, complete as shown in the Standard Details, complete, the price each of Dollars and Cents ($____________) $

9.

Aggregate

Sum

Airport Requirements (Mob & Demo) For Preparatory work and operations in mobilizing for beginning the work of the project but excluding materials and materials costs both of which are paid under payment items, the aggregate sum of Dollars and Cents ($____________) $

10.

LF.

(10,857)

54” Ductile Iron Pipe Class 150 psi for selling and Delivering to the department a 54-inch Ductile Iron Pipe and fittings with Restrained Joints, complete, the price per linear foot of Dollars and Cents ($____________) $

11.

LF.

(10,857)

54” Ductile Iron Pipe Class 150 psi for installing 54-inch Ductile Iron Pipe and fittings with Restrained Joints, complete, the price per linear foot of Dollars and Cents ($____________) $

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3E of 11 BID SET

Item No.

Estimated Quantity

Description

Total

12.

ea. (10)

Air Release Valve for selling and delivering to the Department Automatic Air Release Valve Assemblies (ARV’s) for sewage force mains at the locations shown on the plans or where directed by the Engineer in the field, complete, the price each of Dollars and Cents ($____________) $

13.

ea.

(10)

Air Release Valve for installing Automatic Air Release Valve Assemblies (ARV’s) for sewage force mains at the locations shown on the plans or where directed by the Engineer in the field, complete, the price each of Dollars and Cents ($____________) $

14. Ea. (1)

48-inch Plug Valve for selling and delivering to the Department 48-inch plug valves for sewage force mains at the locations shown on the plans or where directed by the Engineer in the field, complete, the price each of Dollars and Cents ($____________) $

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3F of 11 BID SET

Item No.

Estimated Quantity

Description

Total

15. Ea. (1)

48-inch Plug Valve for installing a 48-inch plug valve for sewage force mains at the locations shown on the plans or where directed by the Engineer in the field, complete, the price each of Dollars and Cents ($____________) $

16. Ea. (2)

54-inch Plug Valve for selling and delivering to the Department 54-inch plug valves for sewage force mains at the locations shown on the plans or where directed by the Engineer in the field, complete, the aggregate sum of Dollars and Cents ($____________) $

17. Ea. (2)

54-inch Plug Valve for installing 54-inch plug valves for sewage force mains at the locations shown on the plans or where directed by the Engineer in the field, complete, the price each of Dollars and Cents ($____________) $

18. LF (168)

Temporary Chain Link Fence for furnishing and installing Temporary chain link fence at the locations shown on the plans or where directed by the Engineer in the field, and remove at the completion of construction, complete, the price per linear foot of Dollars and Cents ($____________) $

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3G of 11 BID SET

Item No.

Estimated Quantity

Description

Total

19. LF (50)

Chain Link Fence for removing and replacing chain link fence at the locations shown on the plans or where directed by the Engineer in the field, complete, the price per linear foot of Dollars and Cents ($____________) $

20. LF (25)

16-inch Ductile Iron Pipe for relocating 16-inch Ductile Iron Pipe and fittings including restrains if applicable, complete, the price per linear foot of Dollars and Cents ($____________) $

21. Aggregate Sum

Burrowing Owl Site Assessment for onsite investigation of the of the work areas impacted by construction activity for the presence of burrowing owls. The assessment shall be done by a certified Biologist, and maintained current during construction, complete, the aggregate sum of Dollars and Cents ($____________) $

22. SUBTOTAL Total sum of bid items 1 through 21. $

PROPOSAL FORM

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO

NW 37TH AVE.

CONTRACT No. S-902

PCTS NUMBER 12348

ER No. S049334 PCTS 12348 CONTRACT No. S-902 Page 3H of 11 BID SET

Item No.

Estimated Quantity

Description

Total

23.

Dedicated Allowance

For all costs of required permits, fees, impact fees, inspections and tipping fees, if ordered by the Engineer, the sum of 3% of the Subtotal, Item 22, (0.03 x Subtotal, Item 22). Dollars and Cents $

24.

Contingency Allowance

For unforeseen conditions, for minor construction changes and for quantity adjustments, if ordered by the Engineer, the sum of 10% of the Subtotal, Item 22, (0.1 x Subtotal, Item 22). Dollars and Cents $

25.

TOTAL BID

THE SUM OF BID ITEMS 22, 23 AND 24

$

Notes: (1) For a detailed description of each Proposal Bid Item, refer to Specification

Section 01025– MEASUREMENT AND PAYMENT.

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-902 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-902 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-902 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-902 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-902 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-902 Page 9 of 11

The Bidder shall list hereunder a record of his previous contracting experience.

S-902 Page 10 of 11

TRENCH SAFETY ACT COMPLIANCE

PROJECT TITLE:

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH

DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF

BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE.

PROJECT: S-902

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-902 Page 11 of 11

S-902 Page 1 of 1 BID SET

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.

THIS PAGE

INTENTIONALLY

LEFT BLANK

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 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF

BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE.

CONTRACT NO. S-902 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-902

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 Instructions to Bidders.

S-902

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-902

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-902

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-902

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-902

Page 6 of 6

QUESTIONNAIRE

S-902 Page 1 of 5 BID SET

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?

QUESTIONNAIRE

S-902 Page 2 of 5 BID SET

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.

QUESTIONNAIRE

S-902 Page 3 of 5 BID SET

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 .

QUESTIONNAIRE

S-902 Page 4 of 5 BID SET

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 .

QUESTIONNAIRE

S-902 Page 5 of 5 BID SET

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 .

THIS PAGE

INTENTIONALLY

LEFT BLANK

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-902 BID SET

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-902

THIS PAGE

INTENTIONALLY

LEFT BLANK

S-902

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-902 BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

S-902 BID SET

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-902 BID SET

Art1
Rectangle
houja
Text Box

THIS PAGE

INTENTIONALLY

LEFT BLANK

C.D 4.10 (2) INSTALLATION OF 10,900 LF OF 54-INCH DI FORCE MAIN RUNNING SOUTH OF THE SOUTH ROW OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE TO NW 37TH

AVENUE

CONTRACT NO. S-902

 

S-902 Page 1 of 1 BID SET 

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

 

 

 

 

 

 

 

 

THIS PAGE

INTENTIONALLY

LEFT BLANK

CONTRACT

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 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF

BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE. CONTRACT No. S-902

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

S-902 Page 1 of 3 BID SET

CONTRACT

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 indemnifyingthe 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 asdescribed 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 thecontrary, 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

S-902 Page 2 of 3 BID SET

CONTRACT

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-902 Page 3 of 3 BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

S-902 Page 1 of 1 BID SET

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.

THIS PAGE

INTENTIONALLY

LEFT BLANK

S-902 Page 1 of 3 BID SET

SURETY PERFORMANCE AND PAYMENT BOND

By this Bond, We as Principal, whose principal business

principal business address is , as Contractor under the contract

under the contract dated , 20 , between Principal and Miami-Dade County for

County for the Construction of

CD 4.10(2) INSTALLATION OF APPROXIMATELY 10,000 LF OF 54-INCH

DI FORCE MAIN ALONG THE SOUTH RIGHT OF WAY OF BISCAYNE CANAL (C-8) FROM NW 57TH AVE. TO NW 37TH AVE.

CONTRACT No. S-902

(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

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

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.

S-902 Page 2 of 3 BID SET

.

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-902 Page 3 of 3 BID SET

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

THIS PAGE

INTENTIONALLY

LEFT BLANK

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

S-902

BID SET

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.

S-902

BID SET

03/20/2014 Page 3

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.

S-902

BID SET

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-902

BID SET

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-902 Page 1 of 2 BID SET

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-902 Page 2 of 2 BID SET

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

CONTRACT S-902

BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

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-902

BID SET

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-902

BID SET

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-902

BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

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-902

FORM RFTE 1

BID FORM

Art1
Rectangle

THIS PAGE

INTENTIONALLY

LEFT BLANK

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-902

FORM RFTE 2

BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

S-902 Page 1 of 2 BID SET

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-902 Page 2 of 2 BID SET

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:

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 Activitiesin 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 arenot 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-902 BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

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-902

BID SET

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 S-902 1 BID SET

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 S-902 2 BID SET

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 S-902 3 BID SET

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 S-902 4 BID SET

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 S-902 5 BID SET

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 S-902 6 BID SET

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: Written 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 S-902 7 BID SET

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 .

CONTRACT S-902 8 BID SET

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 S-902 9 BID SET

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 S-902 10 BID SET

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 S-902 11 BID SET

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

CONTRACT S-902 12 BID SET

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 S-902 13 BID SET

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.

CONTRACT S-902 14 BID SET

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 S-902 15 BID SET

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.

CONTRACT S-902 16 BID SET

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

CONTRACT S-902 17 BID SET

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 S-902 18 BID SET

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

CONTRACT S-902 19 BID SET

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

CONTRACT S-902 20 BID SET

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

CONTRACT S-902 21 BID SET

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

CONTRACT S-902 22 BID SET

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 S-902 23 BID SET

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 S-902 24 BID SET

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.

CONTRACT S-902 25 BID SET

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 S-902 26 BID SET

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

CONTRACT S-902 27 BID SET

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.

CONTRACT S-902 28 BID SET

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 S-902 29 BID SET

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

CONTRACT S-902 30 BID SET

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

CONTRACT S-902 31 BID SET

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 S-902 32 BID SET

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.

CONTRACT S-902 33 BID SET

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 S-902 34 BID SET

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 .

CONTRACT S-902 35 BID SET

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

CONTRACT S-902 36 BID SET

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

CONTRACT S-902 37 BID SET

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

CONTRACT S-902 38 BID SET

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

CONTRACT S-902 39 BID SET

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

CONTRACT S-902 40 BID SET

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

CONTRACT S-902 41 BID SET

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

CONTRACT S-902 42 BID SET

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

CONTRACT S-902 43 BID SET

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

CONTRACT S-902 44 BID SET

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 partial 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 al l 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

CONTRACT S-902 45 BID SET

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

CONTRACT S-902 46 BID SET

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

CONTRACT S-902 47 BID SET

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 all 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

CONTRACT S-902 48 BID SET

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.

CONTRACT S-902 49 BID SET

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.

CONTRACT S-902 50 BID SET

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.

CONTRACT S-902 51 BID SET

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

CONTRACT S-902 52 BID SET

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 quantit 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.

CONTRACT S-902 53 BID SET

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;

CONTRACT S-902 54 BID SET

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

CONTRACT S-902 55 BID SET

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.

CONTRACT S-902 56 BID SET

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.

CONTRACT S-902 57 BID SET

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

CONTRACT S-902 58 BID SET

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

CONTRACT S-902 59 BID SET

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

CONTRACT S-902 60 BID SET

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

CONTRACT S-902 61 BID SET

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

CONTRACT S-902 62 BID SET

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).

CONTRACT S-902 63 BID SET

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.

CONTRACT S-902 64 BID SET

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

CONTRACT S-902 65 BID SET

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

CONTRACT S-902 66 BID SET

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

CONTRACT S-902 67 BID SET

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.

CONTRACT S-902 68 BID SET

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;

CONTRACT S-902 69 BID SET

(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.

CONTRACT S-902 70 BID SET

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

CONTRACT S-902 71 BID SET

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

CONTRACT S-902 72 BID SET

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

CONTRACT S-902 73 BID SET

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

CONTRACT S-902 74 BID SET

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

CONTRACT S-902 75 BID SET

consequential damages as a result of a discontinuance of all 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 al l 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

CONTRACT S-902 76 BID SET

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

CONTRACT S-902 77 BID SET

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

CONTRACT S-902 78 BID SET

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

CONTRACT S-902 79 BID SET

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.

CONTRACT S-902 80 BID SET

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.

CONTRACT S-902 81 BID SET

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

CONTRACT S-902 82 BID SET

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,

CONTRACT S-902 83 BID SET

(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,

CONTRACT S-902 84 BID SET

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 .

CONTRACT S-902 85 BID SET

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

CONTRACT S-902 86 BID SET

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 :

CONTRACT S-902 87 BID SET

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

CONTRACT S-902 88 BID SET

CONTRACT S-902 89 BID SET

APPENDIX A GENERAL TERMS AND CONDITIONS ARTICLE 13 “SPECIAL TERMS AND CONDITIONS FOR WORKING ON MIAMI DADE AVIATION PROPERTY

( Ju n e 1 2 , 2 0 1 2 )

END OF ARTICLE

THIS PAGE

INTENTIONALLY

LEFT BLANK

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 afterconstruction 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 undergroundutilities and requiring various Contractor activities; Resolution R-744-00, relatingto retention in service of critical personnel. The County has adopted viaResolutions R749-00 and R161-01 a "Business Road Impact Assistance LoanProgram". The Contractor shall make every effort to minimize construction impactto business in the area of the Project and as appropriate, the Department willrecover any costs caused the County by Contract delays or other business

S-902 Page 1 of 4 BID SET

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 cleanand orderly fashion. As soon as the work in any one locality is completed, theaccumulated rubbish or surplus materials thereat shall be promptly removed.The Contractor shall also restore all public and private property in a manneracceptable to the Engineer, to a condition equal to or better than pre-constructionconditions. This shall apply to public and private property which has beendisplaced or damaged during the prosecution of the work, and the Contractorshall leave the site and vicinity unobstructed and in a neat and presentablecondition. In the event of delay exceeding two days after written notice is givento the Contractor by the Engineer to remove such rubbish or materials, or torestore displaced or damaged property, the Engineer may employ such labor andequipment as he may deem necessary for the purpose, and the cost of suchwork, together with the cost of supervision, shall be charged to the Contractorand shall be deducted from any money due the Contractor on the monthly or finalestimate. No Contract shall be considered as having been completed until allrubbish and surplus materials have been removed and disposed of properly.

12) The Engineer of Record shall furnish the Contractor with horizontal and verticalcontrols which shall be utilized as specified elsewhere herein to layout the work.The Florida Registered Land Surveyor hired by the Contractor shall verify allcontrols provided by the Engineer of Record and it shall be the responsibility ofthe Contractor to preserve same.

a) The Contractor shall retain the services of a Florida Registered LandSurveyor who, shall furnish and set stakes, establishing line and grade andshall solely be responsible for the layout of the work as well as the recordingof all as-built dimensions and elevations. The Contractor shall furnish alladditional stakes, templates, and other materials for marking andmaintaining survey points and lines given, and shall be responsible for theirpreservation. Should any of the horizontal and vertical control points set bythe Engineer of Record be destroyed or disturbed, they shall be reset by theContractor's Florida Registered Land Surveyor, at the Contractor's expense.All control points previously set by the Engineer of Record shall be verifiedby the Contractor's surveyor.

b) For pipeline Projects the Engineer of Record shall furnish the Contractorwith horizontal and vertical control every 1,320 feet which shall be utilized asspecified elsewhere herein to layout the work. If a pipeline Project is lessthan 1,320 feet, the Engineer of Record will provide the Contractor with twohorizontal and vertical control points. At on-plant-site Projects, the Engineerof Record shall furnish the Contractor with three horizontal and verticalcontrols.

c) No direct payment shall be made for the cost to the Contractor of any of thework occasioned by delay in giving lines and grades, or making othernecessary measurements, or by inspection.

S-902 Page 2 of 4 BID SET

13) Chapter 446 of the Florida Statutes, as amended, which is hereby by referenceincorporated herein, provided labor standards for ratios of apprentices or traineesto journeymen on State, County or municipal contracts. It shall be theresponsibility of the Contractor, prior to the opening of bids, to inform themselvesof the provisions of Chapter 446, Florida Statutes, as amended, which are, ormay become, applicable to the Contract, and he shall abide by these provisionsat no cost to the County. The Contractor is advised to direct all inquiriesconcerning Chapter 446, Florida Statutes, as amended to the Florida StateApprenticeship 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 forother purposes, will be specifically shown on the drawings or provided for in theSpecifications. Should the Contractor find it necessary to use any additional landfor the construction operations or for other purposes during the construction ofthe 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 theCounty. Nothing herein contained, however, and nothing marked on thedrawings, shall be interpreted as giving the Contractor exclusive occupancy ofthe territory provided. When two or more contracts are being executed at onetime on the same or adjacent land in such a manner that work on one contractmay interfere with that on another, the Engineer will decide which Contractorshall cease work, and which shall continue, or whether the work of both contractsshall progress at the same time, and in what manner. When the territory of onecontract is a necessary or convenient means of access for the execution ofanother contract, the Engineer may grant to the Contractor so desiring suchprivilege 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 furnishmaterials or equipment to the Contractor for incorporation into the work for whichthis Contract pertains, the County shall not be liable for any expenses, losses,damages, claims or demands including but not limited to, all direct costs ofContractor such as labor, material, job overhead, and profit markup but alsoincludes any costs for modifications or changes in sequence of work to beperformed, delays, rescheduling, disruptions, extended direct overhead orgeneral overhead, acceleration, material or other escalation which includeswages, and other impact cost, or inflationary factors, arising out of any latedelivery of such materials or equipment caused by any force Majeure.Compliance with delivery schedules by the Department shall be excused whendelays are caused by force Majeure, and, if the delay causes the Contractor to

S-902 Page 3 of 4 BID SET

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 sitethe Contractor shall comply with the Department's Process Safety ManagementPlan 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, AccountsReceivable Adjustments, if money is owed by the Contractor to the County,whether under this Contract or for any other purpose, the County reserves theright to retain such amount from payment due by County to the Contractor underthis Contract. Such retained amount shall be applied to the amount owed by theContractor to the County. The Contractor shall have no further claim to suchretained amounts which shall be deemed full accord and satisfaction of theamount due by the County to the Contractor for the applicable payment dueherein.

S-902 Page 4 of 4 BID SET

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-902

BID SET

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-902

BID SET

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

- 1 - S-902

BID SET

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

- 2 - S-902

BID SET

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

- 3 - S-902

BID SET

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

- 4 - S-902

BID SET

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

- 5 - S-902

BID SET

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

- 6 - S-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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 S-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

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-902

BID SET

THIS PAGE

INTENTIONALLY

LEFT BLANK

S-902

BID SET

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

HH

OLD

iNG

EX

EM

PT

ION

S

WORKCLASSIFICATION O

T. O

R S

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-902

BID SET

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-902

BID SET