TOWN OF BAY HARBOR ISLANDS BROAD CAUSEWAY CORRIDOR ... · improvements include, but are not limited...

TOWN OF BAY HARBOR ISLANDS BROAD CAUSEWAY CORRIDOR ENHANCEMENT PROJECT

PROJECT NO. BC- 154

TOWN OF BAY HARBOR ISLANDS

Project No. – BC – 154 Broad Causeway Corridor

Enhancement

Bidding and Contract Documents

TOWN OF BAY HARBOR ISLANDS BROAD CAUSEWAY CORRIDOR ENHANCEMENT PROJECT

PROJECT NO. BC- 154

TABLE OF CONTENTS

1. INVITATION TO BID

2. INSTRUCTIONS TO BIDDERS

3. SCHEDULE OF EVENTS

4. BID FORM

5. CONTRACTOR’S QUALIFICATION STATEMENT

6. BID BOND

7. TRENCH SAFETY ACT

8. OSHA STANDARDS

9. NON-COLLUSION AFFIDAVIT

10. ADDENDUM

11. GENERAL CONDITIONS

12. APPENDIX A - CONSTRUCTION CONTRACT

TOWN OF BAY HARBOR ISLANDS BROAD CAUSEWAY CORRIDOR ENHANCEMENTS PROJECT

PROJECT NO. BC- 154

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INVITATION TO BID Issue Date: June 20, 2019 All interested parties are hereby notified that the Town of Bay Harbor Islands (the “Town”) is accepting sealed bids for the Project “BROAD CAUSEWAY CORIDOR ENHANCEMENTS PROJECT,” Project, No. BC - 154.

Work under this Project includes furnishing materials, labor, tools, equipment, management, supervision and incidentals necessary to construct the improvements shown on the plans. Such improvements include, but are not limited to, milling & resurfacing, widening of the roadway on Broad Causeway from N. Bayshore Drive to W. Broadview Drive to accommodate a buffered bike lane in both directions, associated pavement markings and signage for the buffered bike lane and shared lanes, and replacement of an existing pedestrian rail on the waterway bridge, located on the Broad Causeway from E. Broadview Drive to W. Bay Harbor Drive. The Project is partially being funded with federal funds through the Local Agency Program. The Federal Highway Administration (FHWA) has given authority to the Florida Department of Transportation (FDOT) to approve Project development and construction administration in some instances. The Town as a Local Agency must follow state and federal policies and standards when utilizing federal funds for projects provided through FDOT. Florida Department of Transportation pre-qualified contractors will be required and used to perform this Project. A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System (SHS) in excess of $250,000 must be certified by the Florida Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Florida Department of Transportation as qualified shall be declared “IRREGULAR” and will be REJECTED. The contractor shall be FDOT pre-qualified under Rule 14-22, F.A.C. in the following work classes:

8. Electrical Work (includes roadway, bridge and runway lighting) 10. Flexible Paving (includes limerock, shell base and other optional base courses, soil-cement

base, mixed-in-place bituminous paving, bituminous surface treatments and stabilizing). 11. Grading (includes clearing and grubbing, excavation, and embarkment). 12. Grassing, Seeding and Sodding 28. Pavement Marking (includes delineators, traffic stripe painting, and thermoplastics). 29. Roadway Signing 40. Other Work (Handrails & Milling)

Bid documents may be examined and picked up at Town Hall, 9665 Bay Harbor Terrace, Bay Harbor, Florida 33154, and copies may be obtained free of charge. Bid Security in the amount of five percent (5%) of the Total Bid Price must accompany the Bid in accordance with the Instructions to Bidders.


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A mandatory Pre-Bid Conference will be held on June 28, 2019, at 11:00 A.M., at the Town Manager’s office located at 9665 Bay Harbor Terrace, Bay Harbor Islands, 33154 Florida. Site visits and inspections will immediately follow the Pre-Bid Conference. All bids must be submitted in sealed envelopes to the Town Clerk on or before July 19, 2019, at 3:00 P.M., local time (the “Bid Submittal Deadline”). Immediately thereafter, Bids will be opened publicly and read aloud. The Town assumes no responsibility for Bids not properly marked. Any Bids received after the Bid Submittal Deadline will not be accepted. The Town reserves the right to reject any or all bids and to waive informalities, except timely submission of bids, in any bids received, to re-advertise for bids or to take any other such actions that may be deemed in the best interests of the Town.


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INSTRUCTIONS TO BIDDERS 1.0 PRE-BID CONFERENCE:

1.1 A mandatory Pre-Bid Conference will be held for the Project at the Town Manager’s Office located at 9665 Bay Harbor Terrace, Bay Harbor, Florida 33154, on June 28, 2019 at 11:00 A.M. or at such other time as may be set by the Town in a legal notice issued by the Town. All Bidders are required to attend.

2.0 EXAMINATION OF DOCUMENTS, SITE AND DRAWINGS AND

SPECIFICATIONS. 2.1 The Project is partially being funded with federal funds through the Local Agency

Program. The Federal Highway Administration (FHWA) has given authority to the Florida Department of Transportation (FDOT) to approve Project development and construction administration in some instances. The Town as a Local Agency must follow state and federal policies and standards when utilizing federal funds for projects provided through FDOT.

FDOT pre-qualified contractors will be required and used to perform this Project. Florida Department of Transportation pre-qualified contractors will be required and used to perform this Project. A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System (SHS) in excess of $250,000 must be certified by the Florida Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Florida Department of Transportation as qualified shall be declared “IRREGULAR” and will be REJECTED. The Contractor shall be FDOT pre-qualified under Rule 14-22, F.A.C. in the work classes listed in the “Invitation to Bid”.

2.2 Prior to Bid submission, Bidders shall examine the Site and surrounding area, including but not limited to subsurface, water and soil conditions, utilities, and streets to determine all conditions that will affect the Work and become familiar with the nature and extent of Work to be performed and local conditions that may affect the Work. Bidders should perform a Site visit and inspections immediately following the Pre-Bid conference.

2.3 It is the Bidder’s responsibility to become fully informed as to the existing

conditions at the Site and to factor any and all costs of these conditions and/ or risks associated therewith into the Bid.


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2.4 Bidders shall thoroughly examine the Bidding Documents, General Conditions, Drawings and Specifications, Technical Specifications and any other documents which may be applicable to the Work or Project. All drawings and specifications prepared by Calvin Giordano & Associates are provided in pdf format with this Bid.

2.5 A form Contract for Construction, together with Addendum “A” (Contract Requirements) has been included in the Bidding Documents. The Town is not bound by this form document and reserves the right to modify the final Contract for Construction.

3.0 INTERPRETATION OF BIDDING DOCUMENTS

3.1 All inquiries, clarifications or interpretations of the Bidding Documents shall be made in writing to the Town Engineer, Randy Daniel, P.E. on or before July 2, 2019, with a copy to the Town Manager, by mail, fax, or by e-mail to the following addresses:

Randy Daniel, P.E Town Engineer Town of Bay Harbor Islands, Project No. BC – 154 Telephone No. (305) 866-6241 Fax No. (305) 866-4863 Email: [email protected]

With a copy to: J.C. Jimenez, Town Manager Town of Bay Harbor Islands 9665 Bay Harbor Terrace P.O. Box 546620 Bay Harbor Islands, 33154 Florida Telephone No.: 305-866-6241 Fax No.: 305-866-4863 Email: [email protected]

3.2 Any modification or interpretation of the Bidding Documents will be made by written Addendum to all who are recorded by the Town as having received a complete set of Bidding Documents. All Addenda will be issued by July 5, 2019.

3.3 Interpretations or modifications of Bidding Documents made in any manner other

than by written Addendum will not be binding. No oral interpretations or clarifications shall be binding.

mailto:[email protected]:[email protected]


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3.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued, and shall acknowledge their receipt by enclosing a signed copy of each Addenda with the Bid Form.


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4.0 BID PREPARATION AND SUBMITTAL

4.1 The Bidder shall prepare Bids on the forms provided by the Town with all blanks

on the Bid Form filled in by typewriter or written in ink. 4.2 The Bidder shall write Total Bid Price amount in both words and figures. In case

of a discrepancy between the two, the amount written in words shall govern. 4.3 The Bidder shall submit one (1) original and three (3) copies of the Bid. The

Bid shall indicate whether the Bidder is a sole proprietor, a partnership, a corporation, company, or other legal entity. The Bid shall include:

4.3.1 Bid Form; 4.3.2 Bid Bond; 4.3.3 Contractor’s Qualification Statement; 4.3.4 Florida Trench Safety Act; 4.3.5 OSHA Standards form; 4.3.6 Non-Collusion Affidavit 4.3.7 Any Addenda; 4.3.8 Copy of General Contractor’s Licenses (ten days prior to Award); 4.3.9 Corporate/Company Resolution, or Partnership Resolution, evidencing

authorization to Submit Bid; and 4.3.10 Evidence of Insurability.

4.4 If the Bid is made by an individual, the Bidder’s name and address of place of

business shall be shown. If Bid is made by an entity, the name and address of the individual(s) authorized to bind the firm or partnership shall be shown. If Bid is made by a corporation or company, the individual executing the Bid shall show the name of the state under the laws of which the corporation or company is chartered, also the names and business addresses of its corporate or company officers and members. Anyone signing the Bid as agent shall include in the Bid legal evidence of his/her authority to do so.

4.5 The Florida “Trench Safety Act” and O.S.H.A. forms are included in the Bidding

Documents and shall be completed by the Bidder. The Total Bid Price presented in the Bid shall include the Bidders cost of compliance with these applicable standards. The Bid shall include completed forms and the cost of compliance with these applicable standards.

4.6 Non-Collusion Affidavit. The Bidder shall include the Non-Collusion Affidavit as

set forth in the form included in the Bidding Documents. Bidder’s failure to include the affidavit shall result in disqualification.


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4.7 The Bid shall be enclosed in a sealed envelope, addressed to Attn: Town

Manager, Town of Bay Harbor Islands, 9665 Bay Harbor Terrace, Bay Harbor, Florida 33154. The envelope shall be clearly marked with the Project name “Bid for the Broad Causeway Corridor Enhancement” Project No. BC – 154, and the Bidder’s name and address.

4.8 The Bidder shall deposit Bids at the designated location provided on the Invitation

to Bid on or before the time and date for submission of Bids (the “Bid Submittal Deadline”). Bids received after the Bid Submittal Deadline indicated for submission of Bids will not be accepted. The Bidder is advised that delivery services may not be timely. It shall be the Bidder’s sole responsibility to ensure delivery prior to the required Bid Submittal Deadline.

4.9 The Bidder shall be registered as a contractor with the Town’s Building

Department following the Notice of Award by the Town. 5.0 BID BOND

5.1 Each Bid shall be accompanied by a certified or cashier’s check drawn on a

national or state bank, or an acceptable Bidder’s Bond, payable unconditionally to Town of Bay Harbor Islands, in the amount of five percent (5%) of the amount of the Total Bid Price, as a guarantee that the Bidder will, if award is made, execute a Contract for Construction to do the Work for the Bid amount and furnish any required certificates of insurance and bond documents within the time period specified in the General Conditions. The Bid Bond shall be made payable to the Town of Bay Harbor Islands.

6.0 QUALIFICATIONS OF BIDDERS

6.1 Each Bidder shall complete the Contractor’s Qualifications Statement provided

herewith, along with any other evidence of satisfactory experience, past performance and ability to perform the proposed Work, and shall submit the same with the Bid. Failure to submit the Qualifications Statement and all documents required thereunder together with the Bid Form and all items listed in Section 4.3 will constitute grounds for rejection of the Bid as non-responsive.

6.2 The Bidders may be disqualified and their Bids rejected for any of the following

reasons: 6.2.1 The bid is not responsive, and/or responded with errors and omissions. 6.2.2 Reason to believe that collusion exists among Bidders. 6.2.3 Determination of lack of responsibility or competency as may be revealed by qualification statements, financial statements, experience records or other questionnaires.


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6.2.4 The Bidder’s uncompleted work load which in the judgment of the Town may cause detrimental impact on prompt completion of this Project. 6.2.5 The Bidder is or has been involved in any litigation against the Town. 6.2.6 The Bidder has defaulted on any previous contract, or is in arrears on any existing contract on any public or private matters. 6.2.7 The submittal of more than one bid from an individual, firm, partnership, corporation or association under the same or different names. 6.2.8 The Bidder’s previous work with the Town has resulted in claims from third parties and or subcontractors.

6.3 The Town reserves the right to make a pre-award inspection of the Bidder's

facilities and equipment prior to award. 6.4 It shall be a requirement of this Bid that there are no related party transactions

between the Bidder and any employee, agent or contractor of the Town. Any Bidder who is a related party, as noted herein, will be considered non-responsive and the bid and the bid bond will be immediately returned. A Bidder will be considered a related party if the Bidder has an ownership interest or is in any way related to an employee, agent, consultant or contractor, and can influence the management or operating policy of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests.

6.5 PUBLIC ENTITY CRIMES ACT - In accordance with the Public Entity Crimes

Act, (Section 287.133, Florida Statutes) a person or affiliate who is a contractor, who had 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 the Town, 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 or real property to the Town, 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 the Town in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by the Contractor shall result in rejection of the Bid, termination of the contract, and may cause Contractor debarment.

7.0 AWARD OF CONTRACT

7.1 The award of the Contract will be to the lowest responsive and responsible Bidder, whose qualifications indicate the award will be in the best interest of the Town and whose Bid complies with the requirements of all specifications. In no case will the award be made until all necessary investigations have been made


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into the responsibility of the Bidder(s) and the Town is satisfied that the Bidder(s) is qualified to do the Work and has the necessary organization, capital and equipment to carry out the Work within the specified timeframes.

7.2 If the Town accepts a Bid, the Town will provide a written Notice of Award to the

lowest responsive and responsible Bidder. 7.3 Until final award of Contract, the Town reserves the right to reject any and all

Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Town.

8.0 EXECUTION OF CONTRACT AND CONTRACT DOCUMENTS

8.1 A Bidder shall be notified of the Town’s selection in writing and shall be provided a Contract for Construction together with Addendum “A” (Construction Contract Requirements) upon Notice of Award.

8.2 A Bidder will be required to execute the Contract for Construction together with

Addendum “A” (Construction Contract Requirements) and submit all requested certificates of insurance and performance and payment bonds, as required in the Contract Documents.

9.0 FAILURE TO EXECUTE THE CONTRACT

9.1 Failure of a Bidder to execute a Contract, together with Addendum “A” (Construction Contract Requirements) and submit required insurance certificates and bonds may result in a draw on the Bid Bond by the Town. Each Bidder agrees in advance that the Town will likely sustain damages in these circumstances too difficult to ascertain. Accordingly, if the award is forfeited under this Section, the amount of the Bid Bond of the forfeiting Bidder may be retained by the Town, not as forfeiture or a penalty, but as liquidated damages. The Town may, but is not required, to award the Contract to the next lowest responsive and responsible Bidder or reject all Bids and/or re-advertise the Work.

10.0 RETURN OF THE BID BOND

10.1 All Bid Bonds of unsuccessful Bidders will be returned after a Contract is awarded and executed.

11.0 MODIFICATION AND WITHDRAWAL OF BID

11.1 Prior to the date and time of Bid opening, a Bidder may withdraw his Bid at any

time.


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11.2 After the Bid opening, no Bid may be withdrawn, canceled or modified.

12.0 OPENING OF BIDS 12.1 Bids submitted will be opened publicly and read aloud at the time and place stated

in the Invitation to Bid.

12.2 The Bidder agrees to maintain all terms of the Bids available for 120 days from the date and time of bid opening.

12.3 Bids will be reviewed for responsiveness. Any non-responsive Bid will be

rejected. Responsive bids shall initially be calculated using the Total Bid Price. However, the selection of the lowest responsive and responsible bidder shall be based upon the provisions of Section 6.0, Instructions to Bidders.

13.0 CONTRACT TIME AND PERFORMANCE

13.1 The Work to be performed under the Contract Documents shall be commenced

upon issuance of a Notice to Proceed by the Town and shall be completed no later than one hundred and eighty (180) calendar days from Notice to Proceed.

13.2 By virtue of the submission of its Bid, Bidder agrees and fully understands that

the completion time of the Work of the Contract is an essential and material condition of the Contract and that time is of the essence. The Successful Bidder agrees that all Work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. The Contractor is expected to provide the necessary manpower and management to meet the time schedule as established.

13.3 All Bidders shall agree that a liquidated damages provision will be required in the

Contract for Construction, as set forth in Addendum “A” (Construction Contract Requirements).

14.0 GOVERNING LAWS AND REGULATIONS

14.1 Bidders shall be familiar with all federal, state, and local laws, ordinances, rules

and regulations that may in any manner affect the Work.

15.0 INSURANCE/EVIDENCE OF INSURABILITY

15.1 The Bidder shall be required to provide and maintain insurance coverage of such types and amounts as specified in the General Conditions of the Contract Documents for the life of the Contract. Certificates of Insurance shall be provided by the Bidder upon the Notice of Award, as specified in the General Conditions.


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15.2 Bidder shall be required to submit with the Bid Form written evidence of

insurability from Bidder’s insurance company, for the types and amounts of insurance specified in the General Conditions of the Contract Documents.


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16.0 SUBCONTRACTOR LIST

16.1 The Bidder shall submit a list of names and addresses of the subcontractors and

major material suppliers proposed for the principal portions of the Work and shall include such information on the Contractor’s Qualifications Statement.

16.2 Prior to award of Contract, the Town will notify the Bidder in writing if there is

an objection to any person or entity listed. Upon such objection, the Bidder shall propose an acceptable substitute in accordance with the General Conditions.

17.0 LICENSES, PERMITS AND FEES

17.1 In accordance with the Public Bid Disclosure Act, 218.80, Florida Statutes, the

Town shall disclose all permit fees associated with the Project. Licenses, permits, and fees which may be required by Miami-Dade County or any State or Federal entities are not included. The Contractor shall be responsible for filing and obtaining all permits for the Work. The Contractor shall file permit applications with the Town prior to construction. The Town will waive Town permit fees generated by the Town permits. Any delays in obtaining permits must be brought to the attention of the Town without delay. Each license, permit or fee a contractor will have to pay the Town before or during construction as part of the Contract, required by the Town and payable to the Town, is as follows:

Building Permit – Town of Bay Harbor Islands Building Department Plumbing Permit – Town of Bay Harbor Islands Building Department ____________________________________________________________

17.2 The Bidder shall provide a copy of following license: A State of Florida general contractor’s license (Florida Department of Transportation Pre-Qualified Contractor) 17.3 The Successful Bidder shall give all notices and comply with all permit

requirements, laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. The Town shall not be responsible for monitoring the Successful Bidder's compliance with any laws or regulations.

18.0 CONE OF SILENCE

18.1 Pursuant to subsection (t) (1) of Section 2-11.1, Conflict of Interest and Code of Ethics Ordinance of the Miami-Dade County Code, a “Cone of Silence” is imposed upon each Bid after advertisement and terminates at the time the Town Manager makes his written recommendation to the Town Council. The Cone of


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Silence generally prohibits any communication regarding this Bid between Bidders and their agents and the Town. The details of the Cone of Silence and the permitted exceptions to the Cone of Silence are set forth in subsection (t) (1) of Sec. 2-11.1 of the County Code. A copy of subsection (t)(1) is attached to this Bid as Exhibit “A.” In reading that subsection, Bidders are advised that all references to County personnel or boards, as used therein, are construed to mean Town personnel or boards as required by Sec. 2-11.1(a) of the Miami-Dade County Code. Please contact the Town Attorney for any questions concerning the Cone of Silence. The Cone of Silence shall apply to this Bid.

18.1 Generally, except for public hearings and scheduled presentations, contact with

the Town regarding this Bid or any aspect of a Bid by a Bidder or any representative of a Bidder shall be limited to written communications until such time as a successful bidder is selected by the Council. All questions or requests for additional information must be asked and answered in writing.

19.0 CONFLICT OF INTEREST 19.1 The contractor shall insert in all contracts entered into in connection with the

Project or any property included or planned to be included in any Project, and shall require contracts to inert in each of their subcontractors, the following provisions” “No member, officer or employee of the Contractor or of the locality during his tenure of for 2 years thereafter shall have any interest, direct or indirect, in this contract of the proceeds thereof.


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EXHIBIT “A”

CONE OF SILENCE PROVISION (t) Cone of Silence. 1. Contracts for the provision of goods and service other than audit and independent private sector inspector general (IPSIG) contracts.

(a) "Cone of Silence" is hereby defined to mean a prohibition on: (i) any communication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the County's professional staff including, but not limited to, the County Manager and his or her staff; (ii) any communication regarding a particular RFP, RFQ or bid between the Mayor, County Commissioners or their respective staffs and any member of the County's professional staff including, but not limited to, the County Manager and his or her staff; (iii) any communication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of the selection committee therefore; (iv) any communication regarding a particular RFP, RFQ or bid between the Mayor, County Commissioners or their respective staffs and any member of the selection committee therefore; (v) any communication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the Mayor, County Commissioners and their respective staffs; and (vi) any communication regarding a particular RFP, RFQ or bid between any member the County's professional staff and any member of the selection committee therefore. The County Manager and the Chairperson of the selection committee may communicate about a particular selection committee recommendation, but only after the committee has submitted an award recommendation to the Manager and provided that should any change occur in the committee recommendation, the content of the communication and of the corresponding change shall be described in writing and filed by the Manager with the Clerk of the Board and be included in any recommendation memorandum submitted by the Manager to the Board of County Commissioners. Notwithstanding the foregoing, the Cone of Silence shall not apply to (i) competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the Miami-Dade County Office of Community and Economic Development and the community-based organization (CBO) competitive grant processes administered by the Park and Recreation, Library, Water and Sewer, and Solid Waste Departments, Cultural Affairs and Tourist Development Councils and the Department of Environmental Resources Management; (ii) communications with the County Attorney and his or her staff; (iii) communications between a potential vendor, service provider, bidder, consultant or lobbyist and employees of the Management and Technical Assistance Unit of the Department of Business Development regarding small business and/or minority business programs, the Community Business Enterprise and Equitable Distribution Programs; (iv) communications between a potential vendor, service provider, bidder, consultant or lobbyist and employees responsible for administering


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disadvantaged business enterprise programs in County departments receiving federal funds, provided the communications are limited strictly to matters of programmatic process or procedure; (v) duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the County Manager makes his or her written recommendation; (vi) any emergency procurement of goods or services pursuant to Administrative Order 3-2; (vii) communications regarding a particular RFP, RFQ or bid between any person and the Vendor Information Center staff, the procurement agent or contracting officer responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and (viii) communications regarding a particular RFP, RFQ or bid between the procurement agent or contracting officer, or their designated secretarial/clerical staff responsible for administering the procurement process for such RFP, RFQ or bid and a member of the selection committee therefore provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document.

(b) Procedure.

(i) A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. At the time of imposition of the Cone of Silence, the County Manager or his or her designee shall provide for public notice of the Cone of Silence. The County Manager shall issue a written notice thereof to the affected departments, file a copy of such notice with the Clerk of the Board, with a copy thereof to each Commissioner, and shall include in any public solicitation for goods and services a statement disclosing the requirements of this ordinance. Notwithstanding any other provision of this Section, the imposition of a Cone of Silence on a particular RFP, RFQ or bid shall not preclude staff from obtaining industry comment or performing market research therefore provided all communications related thereto between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of the County's professional staff including, but not limited to, the County Manager and his or her staff are in writing or are made at a duly noticed public meeting. (ii) The Cone of Silence shall terminate at the time the Manager makes his or her written recommendation to the County Commission; provided, however, that if the Commission refers the Manager's recommendation back to the Manager or staff for further review, the Cone of Silence shall be reinstated until such time as the Manager makes a subsequent written recommendation. The foregoing notwithstanding, for contracts and purchases which the County Manager has the delegated authority to award under Sec. 2-8.1(b) of this Code, the Cone of Silence shall terminate: (i) at the time the award recommendation letter is issued and filed with the Clerk of the Board for such contracts and purchases involving the expenditure of over one hundred thousand dollars ($100,000); (ii) at the time the written award recommendation is posted in accordance with Section III of A.O. 3-21 for such contracts or purchases involving the expenditure of over $25,000 up to $100,000; or (iii) at the time the award recommendation is issued in accordance with


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Section IV of A.O. 3-21 for contracts and purchases involving the expenditure of $25,000 or less. (c) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before selection committees, contract negotiations during any duly noticed public meeting, public presentations made to the Board of County Commissioners during any duly noticed public meeting or communications in writing at any time with any county employee, official or member of the Board of County Commissioners unless specifically prohibited by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the Clerk of the Board. The Clerk of the Board shall make copies available to any person upon request.

20.0 BID PROTEST PROCEDURE If a vendor feels that they have been treated unfairly concerning the results of a solicitation, or the resulting recommendation for award, they may protest the Town’s action as follows: 1. The vendor must submit a letter to the Procurement Manager detailing the nature of the

protest accompanied by two (2) cashier’s checks within three (3) working days of the Notice of Intent to Award. The first check will be in the amount of $500 (hereinafter called “the administrative fee”). The second check will be in the amount of 1% of the bid amount (hereinafter called “the protest bond”). The Town’s Notices of Intent to Award are posted on the Town of Bay Harbor Island’s website.

2. If the Procurement Manager receives a bid protest letter, the administrative fee, and the protest bond as described above, the bid award process will be suspended and the protest will be referred to the Bid Protest Committee. However, if the project is needed to protect the health, safety, and/or welfare of the residents of the Town of Bay Harbor Islands, the award of the project will proceed without interruption. The Bid Protest Committee shall consist of three (3) Town staff member selected by the Town Administrator. The Procurement Manager and the employee that wrote the Recommendation for Award may not sit as a member of the Bid Protest Committee. However, the Procurement Manager and the staff member that wrote the Recommendation for Award shall be present at the hearing of the Bid Protest Committee to answer any questions pertaining to the bid process or the evaluation process.

3. The Bid Protest Committee shall schedule a hearing within ten (10) working days from receipt of the protest letter. All parties having an interest in the outcome will be notified of the date and time of the hearing. If the bid protest is denied, the vendor will forfeit the protest bond. If the protest is upheld, the protest bond will be returned to the vendor. The administrative fee shall be non-refundable in all cases.

4. If the Bid Protest Committee denies the protest, the aggrieved vendor may appeal his/her case to the Town Council. In order to appeal, the vendor must notify the Town Administrator within three (3) working days of the Bid Protest Committee’s ruling. Upon notification, the Town Administrator will schedule the appeal as an agenda item on the next available Town Council agenda. All bidders will be notified of the agenda date.


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5. Once the bid protest is resolved, the Town will proceed with the bid award, except as exempted in 2, above.


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SCHEDULE OF EVENTS The following is a general schedule of events: No. Event Date 1. Advertisement of Bids

June 20, 2019 2. Mandatory Pre-Bid Conference at Town Hall, 9665

Bay Harbor Terrace, Bay Harbor, Florida 33154 June 28, 2019 at 11:00am

3. Site Visits & Inspections

following Pre-Bid Conference June 28, 2019

4. Deadline for submittal by Bidders of Inquiries July 2, 2019 5. Deadline for Issuance of Addenda July 5, 2019 6. Bid Submittal Deadline/Opening of Sealed Bids July 19, 2019 at 3:00 pm 7. Contract Documents Execution by Successful Bidder

and Submission of Certificate of Insurance to Town Manager

TBA

8. Award of Project by Town Council TBA 9. Notice of Award given to Contractor,

Payment/Performance bonds executed by Contractor and submitted to Town Manager

TBA

10. Final Approval and Execution of Contract Documents

by Town Attorney and Town Manager TBA 11. Notice to Proceed Issued to Contractor

TBA 12. Contract Time

(from Notice to Proceed to Substantial Completion) 150 Calendar Days 13. Contract Time

(from Notice to Proceed to Final Completion)

180 Calendar Days


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BID FORM

BID FROM: Company: Address: City/St/Zip: Phone/ Fax:

To furnish all materials, equipment and labor and to perform all work in accordance with the Bid and Contract Documents for Project: Broad Causeway Corridor Enhancement Project, Project No. BC - 154_, located in the Town of Bay Harbor Islands, Florida. TO: TOWN OF BAY HARBOR ISLANDS, FLORIDA

ATTN: TOWN MANAGER 1.01 The Project is partially being funded with federal funds through the Local Agency

Program. The Federal Highway Administration (FHWA) has given authority to the Florida Department of Transportation (FDOT) to approve Project development and construction administration in some instances. The Town as a Local Agency must follow state and federal policies and standards when utilizing federal funds for projects provided through FDOT.

Florida Department of Transportation pre-qualified contractors will be required and used to perform this Project. A contractor desiring to bid for the performance of any construction contract located on the National Highway System (NHS) or the State Highway System (SHS) in excess of $250,000 must be certified by the Florida Department of Transportation as qualified in accordance with Section 337.14(1), Florida Statutes and Rule 14-22, Florida Administrative Code. Any bid for the performance of any construction contract in excess of $250,000 submitted by a contractor not certified by the Florida Department of Transportation as qualified shall be declared “IRREGULAR” and will be REJECTED. The Contractor shall be FDOT pre-qualified under Rule 14-22, F.A.C. in the work classes listed in the “Invitation to Bid”.

2.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a

Contract for Construction, together with Addendum “A” (Construction Contract Requirements), with the Town in substantially the form included in the Bidding Documents to perform all Work and any Additional Services as specified or indicated in the Bidding Documents at the Total Bid Price and within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.


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3.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to

Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Town.

4.01 In submitting this Bid, Bidder represents, as set forth in the Bidding Documents, Contract

for Construction, together with Addendum “A” (Construction Contract Requirements), that: A. Bidder has examined and carefully studied the Bidding Documents, the other related

data identified in the Bidding Documents, and the following Addenda, receipt of all, which is hereby acknowledged.

Addendum No. Addendum Date _____________ _____________ _____________ _____________ _____________ _____________

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local laws and

Regulations that may affect cost, progress and performance of the Work, including all Florida Department of Transportation requirements applicable to the Project, and all federal requirements for funding, including the provisions, clauses, terms or conditions set forth in Addendum “A” to the Construction Contract (Contract Requirements).

D. Bidder has carefully studied all documents as applicable: (1) reports of explorations

and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Bidding Documents, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Bidding Documents.

E. Bidder has obtained and carefully studied (or assumes responsibility for having done

so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto.


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F. Bidder does not consider that any further examinations, investigations, explorations,

tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the Total Bid Price and within the Contract Times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder has correlated the information known to Bidder, information and observations

obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

H. Bidder has given Town’s Representative written notice of all conflicts, errors,

ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by the Town is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding

of all terms and conditions for the performance of the Work for which this Bid is submitted.

J. Bidder has reviewed and carefully studied the Contract for Construction, together

with Addendum “A” (Construction Contract Requirements) and understands the requirements and prerequisites for federal funding for the Project and agrees to comply with the provisions of Addendum “A” at all times during the Project.

5.01 Bidder further represents that this Bid is genuine and not made in the interest of or on

behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Town.

BID TABULATION SHEET ON FOLLOWING PAGE


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Bay Harbor Islands – Broad Causeway Corridor Enhancement Project

Bid Item

Description Estimated Quantity

Unit Unit Price Estimated Total

I. GENERAL CONDITIONS

1 MAINTENANCE OF TRAFFIC 1 LS

2 CLEARING & GRUBBING 1 LS

3 MOBILIZATION/DEMOBILIZATION/SWPPP 1 LS

4 TESTING 1 LS

GENERAL CONDITIONS SUB-TOTAL =

II. ROADWAY

5 ASPHALT REMOVAL 899 SY

6 ADJUST RIM AND MANHOLE TO GRADE 5 EA

7 REPLACE RIM 1 EA

8 REGULAR EXCAVATION 2,311 CY

9 SUBSOIL EXCAVATION ALLOWANCE 50 CY

10 MILL EXIST ROADWAY AVG DEPTH 2” 10,525 SY 11 2" SUPERPAVE ASPHALTIC CONCRETE 1,500 TN 12 8" LIMEROCK BASE 2,503 SY

13 12" STABILIZED SUBGRADE 2,503 SY

14 20" STABILIZED SUBGRADE 992 SY

15 EXISTING ROADWAY (ASPHALT, LIMEROCK BASE AND STABILIZED SUBGRADE) TO BE

RECONSTRUCTED

300 SY

16 48" HIGH ADA HANDRAIL 320 LF

17 GREEN COLORED THERMOPLASTIC 216 SY

18 EXISTING ROADWAY (ASPHALT AND BASE COURSE) TO BE RECONSTRUCTED

352 SY

ROADWAY SUB-TOTAL =

III. PAVEMENT MARKINGS AND SIGNAGE

19 SINGLE POST SIGN, F&I, UP TO 12 SF 20 AS

20 SINGLE POST SIGN, REMOVE 12 AS

21 SINGLE SIGN, REMOVE 6 AS

22 SINGLE SIGN, F&I 4 EA

23 RETRO-REFLECTIVE PAVE. MARKERS (BI-DIR, WHITE/RED)

112 EA

24 RETRO-REFLECTIVE PAVE. MARKERS (BI-DIR, YELLOW/YELLOW)

8 EA

25 THERMOPLASTIC, STD, WHITE, SHARED BIKE 22 EA

26 PREFORMED TAPE, WHITE, MESSAGE (BIKE) 9 EA

27 PREFORMED TAPE, WHITE, ARROW (BIKE) 9 EA

28 THERMOPLASTIC, STD WHITE 2-4 DOTTED GUIDELINE 6"

932 LF


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Written (Contractor) (Date)

6.01 Bidder will complete the Work in accordance with the Contract Documents for the following Total Base Bid Price as itemized above:

$_____________________________________________________________________________ (Total Base Bid Price: Total for items I through V)

Written Total Base Bid Price Amount (in Words): $__________________________________________ ____________(Dollars)________(cents) __________________________________________ _________________________________ Name of Bidder Signature of Bidder 7.01 Bidder’s Information:

The Bidder states that he is an experienced Contractor and has completed similar projects within the last five years. This information has been provided on the Contractor’s Qualifications Statement.

29 THERMOPLASTIC STD. WHITE, SKIP, 6" (10-30) 3,734 LF

30 THERMOPLASTIC STD. OPEN GRADED ASPHALT SURFACES, WHITE SOLID 6"

7,601 LF

31 THERMOPLASTIC STD. OPEN GRADED ASPHALT SURFACES, YELLOW SOLID 6"

4,371 LF

32 THERMOPLASTIC, STD-OP, WHITE, SOLID, 8" 335 LF

32 THERMOPLASTIC, STD-OP, WHITE, SOLID, 18" 57 LF

34 THERMOPLASTIC, STD-OP, YELLOW, SOLID, 18" 11 LF

35 ROADSIDE FLASHING BEACON ASSEMBLY, F&I, SOLAR POWER

1 AS

PAVEMENT MARKINGS AND SIGNAGE SUB-TOTAL =

IV. ELECTRICAL

.

36 RELOCATE EXISTING LIGHT POLE 1 LS

ELECTRICAL SUB-TOTAL =

V. LANDSCAPE

.

37 MODIFY EXISTING IRRIGATION 1 LS 38 Turf / Sod- St. Augustine 'Floratam'

(HARMONIZATION AREAS) 22,008 SF

LANDSCAPE SUB-TOTAL =

TOTAL BASE BID PRICE (TOTAL OF BID ITEMS I THROUGH V) =


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8.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with the Bid and Contract Documents on or before the dates or within the number of calendar days indicated in the Contract. If the Bidder does not agree with the construction time allocated in the Bid Documents and the Contract for Construction, attach a statement to this Bid Form to indicate the number of days required.

9.01 Bidder accepts the provisions of the Contract for Construction as to liquidated damages

in the event of failure to complete the Work within the times specified above, which shall be stated in the Contract Documents.

10.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Bid Bond

B. Bid Bond form C. Contractor’s Qualifications Statement, containing a tabulation of Subcontractors,

Suppliers [and other] individuals and entities required to be identified in this Bid; D. Signed Trench Safety Act Form (if applicable) E. O.S.H.A. Standards Acknowledgement Form F. Non-Collusion Affidavit G. Copy of State of Florida General Contractor’s License (ten days prior to Award); H. Addenda

11.01 The terms used in this Bid with initial capital letters have the meanings indicated in the

Instructions to Bidders, the General Conditions, and the Supplementary Conditions, if any.

SUBMITTED on , 2019. State Contractor License No. . (If applicable) If Bidder is: An Individual Name (typed or printed): By: (SEAL)

(Individual’s signature) Doing business as: Business address: Phone No.: FAX No.:


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A Partnership Partnership Name: (SEAL) By:

(Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.:


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A Corporation Corporation Name: (SEAL) State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):__________________ By:

(Signature -- attach evidence of authority to sign) Name (typed or printed): Title:

(CORPORATE SEAL) Attest

(Signature of Corporate Secretary) Business address: Phone No.: FAX No.:

Date of Qualification to do business is .


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CONTRACTOR’S QUALIFICATIONS STATEMENT

THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. The undersigned guarantees the truth and accuracy of all statements and the answers contained herein. 1. Please describe your entity/company in detail.

2. The address of the principal place of business is:

3. Entity/Company telephone number, fax number and e-mail addresses:

4. Number of employees:

5. Number of employees assigned to this Project:

6. Entity/Company Identification numbers for the Internal Revenue Service:

7. Provide Miami-Dade County Occupational License Number, if applicable, and expiration date:


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8. How many years has your organization been in business as a General Contractor? Does your organization have a specialty?

9. What is the last project of this nature or magnitude that you have completed? Has this firm

ever completed a “public” project? Please provide project description, reference and cost of work completed.

10. Have you ever failed to complete any work awarded to you? If so, where and why?

11. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or

institutions for which you have performed work: 11.1.

Name Address Telephone No.

11.2.


11.3.



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12. List the following information concerning all contracts or work in progress as of the date of

submission of this bid. (In case of co-venture, list the information for all co-ventures.)

Name of Project Owner Value

Contracted Completion

Date

% of Completion to

Date (Continue list on insert sheet, if necessary.)

13. Has the Bidder or his or her representative inspected the Project site and does the Bidder have a complete plan for its performance?

14. Provide list of subcontractor(s), the work to be performed and also a list of major materials

suppliers for this Project?

SubContractor Name Address Work to be Performed


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The foregoing list of subcontractor(s) may not be amended after award of the contract without the prior written approval of the Town Manager, whose approval shall not be unreasonably withheld. 15. What equipment do you own that is available for the work?

16. What equipment will you purchase for the proposed work?

17. What equipment will you rent for the proposed work?

18. State the name of your proposed Project Manager and give details of his or her qualifications

and experience in managing similar work.

19. State the true, exact, correct and complete name of the partnership, corporation, company

and/or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a limited liability company, state the name of the managing member. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.)


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19.1 The correct name of the Bidder is:

19.2. The business is a (Sole Proprietorship) (Partnership) (Corporation) (Company).

19.3. The names of the corporate officers, company members, or partners, or individuals

doing business under a trade name, are as follows:

SIGNATURE AND NOTARY ACKNOWLEDGEMENT FOLLOW ON THE NEXT PAGE


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CONTRACTOR:

________________________________ Print Name: _____________________ Print Title: ______________________ Date: __________________________ STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this _____ day of _____________, 2019, by ______________________________ who is personally known to me or who has produced ______________________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this ______ day of _______________, 2019. (NOTARY SEAL) ____________________________________ (Signature of person taking acknowledgment) _____________________________________

(Name of officer taking acknowledgment) typed, printed or stamped


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BID BOND

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

TOWN OF BAY HARBOR ISLANDS 9665 Bay Harbor Terrace Bay Harbor, FL 33154

BID

BID DUE DATE: July 19, 2019 at 3:00 P.M. Project Description including Location is as follows: PROJECT NAME: BROAD CAUSEWAY CORRIDOR ENHANCEMENT PROJECT NO: BC - 154______ LOCATION: TOWN OF BAY HARBOR ISLANDS, FLORIDA

BOND

BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM:

IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title

(Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title


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Note: (1) Above addresses are to be used for giving required notice.

(2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.


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1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder for the Work required by the Contract Documents, provided that:

1.1. The penal sum set forth on the face of this Bond, and

1.2. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds and insurance certificates required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if:

3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Construction Contract required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or

3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of

award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by

Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.


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8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer or proposal as applicable.


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TRENCH SAFETY ACT (90-96, Laws of Florida) Bidder acknowledges that included in the appropriate bid items of the Bid 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 further identifies the costs of such compliance to be summarized below:

Trench Safety

Measure (Description)

Unit of

Measure (LFSF)

Unit

(Quantity)

Unit Cost

Extended

Cost

A.

B.

C.

D.

Total

$

If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non-responsive. Contractor agrees that the above safety compliances and costs are included in his bid package.

Signature of Bidding Contractor

END OF DOCUMENT


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ACKNOWLEDGEMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS TO: Town of Bay Harbor Islands, Florida We , hereby acknowledge and agree that as contractors for the construction of the "Broad Causeway Corridor Enhancement Project, Project No. BC - 154", that we have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold harmless the Town of Bay Harbor Islands, Florida against any and all legal liability or loss the Town may incur due to (Contractor’s name) failure to comply with such act.

ATTEST CONTRACTOR

By:

ATTEST Title:

_______________________________ DATE END OF DOCUMENT


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NON-COLLUSION AFFIDAVIT

The undersigned individual, being duly sworn, deposes and says that:

1. He/She is ____________________________ of ___________________________, the Bidder that has submitted the attached Bid;

2. He/She is fully informed respecting the preparation and contents of the attached Bid

and of all pertinent circumstances respecting such Bid and Construction Contract;

3. Such Bid is genuine and is not a collusive or sham Bid;

4. Neither said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham proposal in connection with the Construction Contract for which the attached Bid has been submitted or to refrain from proposing in connection with such Construction Contract, or has in any manner, directly or indirectly, sought by agreement of collusion or communication of conference with any other bidder, firm, or person to fix the price or prices in the attached Invitation to Bid, or of any other bidder, or to fix any overhead, profit or cost element of the Bid or the response of any other bidder, or to secure through any collusion, connivance, or unlawful agreement any advantage against the Town of Bay Harbor Islands, Florida, or any person interested in the proposed Construction Contract; and

[THIS SPACE INTENTIONALLY LEFT BLANK]


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NON-COLLUSION AFFIDAVIT (CONTINUED)

5. The response to the attached Invitation to Bid is fair and proper and is not tainted by

any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

_____________________________________________ Signature (Blue ink only) _____________________________________________ Print Name _____________________________________________ Title _____________________________________________ Date Witness my hand and official notary seal/stamp at ____________________________ the day and year written above STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE )

BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared _____________________________________ as ______________________________________, of _________________________________, an organization authorized to do business in the State of Florida, and acknowledged executing the foregoing Affidavit as the proper official of __________________________ for the use and purposes mentioned in the Affidavit and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/She is personally known to me or has produced _______________________________________ as identification.

IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ______ day of ________________________, 201__. __________________________________________ NOTARY PUBLIC

My Commission Expires:


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ADDENDUM NO. 1

Issued: ________________ (Date)

Project: Broad Causeway Corridor Enhancement Project Project No. BC- 154 Notice to All Bidders:

ADDENDA TO BE PLACED HERE

Issued By: Name

PROOF OF RECEIPT Bidder/Recipient Signature:

Print Name: Firm: Date:


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GENERAL CONDITIONS

Definitions: Acceptance – The formal action by the TOWN accepting the Work as being complete after review and recommendation for same by the TOWN’S REPRESENTATIVE.

Addenda - Supplemental instructions and/or instruments issued by the Town which may be prior to the opening of the Bids.

Application for Payment - The form CONTRACTOR shall use to request payments and which may require supporting documentation.

Landscape Architect – The individual or firm designated by the TOWN as the Town’s Representative, if any, for landscape architectural matters if a Landscape Architect is required.

Bid - The offer or proposal of the Bidder, including all Bidding Documents, submitted on the prescribed Bid Form, setting forth the price for the Work to be performed.

Bidder - Any person or entity submitting a proposal for the Work described in the Bidding Documents.

Bidding Documents –All documents provided in the Invitation to Bid, including, but not limited to the following: Instructions to Bidders, Bid Form, Bid Bond, Sample Contract for Construction, all documentation accompanying Bid, post Bid documentation submitted, Qualifications Statement, General Conditions, Technical Conditions, Supplemental Conditions, Plans and Specifications, and any Addenda issued.

Bonds - Bid, performance and payment bonds, maintenance bonds and any other applicable instruments of security.

Claim - A written demand or assertion by TOWN or CONTRACTOR seeking an adjustment of Contract Price, Contract Times, or both, or other relief with respect to the terms of the Contract Documents. A demand for money or services by a third party is not a Claim.

Change Order - A document recommended by the Town’s Representative, which is signed by CONTRACTOR and TOWN and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Contract.

Contract (also Contract for Construction or Agreement) - The written instrument memorializing the agreement between TOWN and CONTRACTOR describing the Work to be performed, and the relationship between the parties.


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Contract Documents - The Contract Documents consist of, but are not limited to the Drawings, Plans and Specifications, Project Contract, Bid Form, all Bidding documents, post Bid documentation, Qualifications Statement, Addenda, Notice of Award, Notice to Proceed, Certificates of Insurance, Payment and Performance Bonds, the Construction Contract together with Addendum “A” hereto Construction Contract Requirements), the General Conditions, Supplementary Conditions, Permits, any additional documents which are submitted relative to the Bid and all changes, amendments, modifications and supplements issued on or after the Effective Date of the Contract.

Contract Price - The total compensation payable by TOWN to CONTRACTOR under the Contract Documents as stated in the Contract, for satisfactory completion of the Work.

Contract Time - The number of days allowed in the Contract for the completion of the Work.

CONTRACTOR - The person, firm or corporation with whom TOWN has entered into the Contract for the performance of the Work.

Day - A calendar day of 24 hours measured from midnight to the next midnight.

Defective - Unsatisfactory, faulty or deficient, non-conforming with the standards of the Contract Documents, or failing to meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or damaged prior to the recommendation for final payment by the Town’s Representative.

Drawings - The drawings, diagrams, illustrations and other data which show the character, extent and scope of the Work to be performed and which have been prepared by the Architect and/or Engineer for the Project and approved by the TOWN.

Effective Date -The date indicated in the Contract on which it becomes effective. If no such date is indicated, the date on which the Contract is signed and delivered by the last of the parties to sign and deliver.

ENGINEER – The individual or firm designated by the TOWN to be the Town’s Representative for engineering related matters during construction of the Project, if required.

Field Order - A written order issued by the Town’s Representative which orders minor changes in the Work but which does not involve a change in the Contract Price or the Contract Time.

Final Completion – The point at which, subsequent to Substantial Completion, all Work, or a phase of the Work, if appropriate, required under the Contract Documents has been fully and properly completed, including, but not limited to, punch list items, issuance of certificates of final occupancy and/or use, issuance by all governmental and/or governing authorities having jurisdiction over the Work of all required final approval, permits, and licenses required, delivery of record drawings, electronic files, and manuals to the TOWN.


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Notice of Award - The written notice by TOWN to the lowest responsive, responsible Bidder.

Notice to Proceed - A written notice given by TOWN to CONTRACTOR fixing the date on which the Contract Time will commence and on which CONTRACTOR'S obligations commence.

Partial Utilization - Use by TOWN of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all of the Work.

Project - The Work to be performed under the Contract Documents which may be the whole, or a part, as may be indicated in the Contract Documents.

Punch List – A list of items of Work compiled by inspection by the Architect and/or Engineer, and/or the Town’s Representative, which are incomplete, deficient and/or inconsistent with the Contract Documents.

Responsible Bidder – Any person or entity submitting a Bid who maintains a permanent place of business, meets the qualifications of the Bidding Documents, has adequate equipment and personnel to complete the Work within the established time limits, has adequate financial resources to meet current obligations plus the obligations required to perform the Work and who or which has not defaulted on a prior contract with the TOWN. Responsive Bidder - Any person or entity submitting a Bid in a form which is true and complete and includes all required attachments and enclosures and is free from exclusions or special conditions.

Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted to TOWN by CONTRACTOR to illustrate material or equipment for some portion of the Work.

Site - Lands or areas upon which the Work is to be performed, including rights-of-way and easements for access thereto, and all lands and any area which is designated for the use of CONTRACTOR in performance of the Work.

Specifications - Those portions of the Contract Documents consisting of written instructions and technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and the administrative details applicable thereto.


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Subcontractor - An individual, firm or corporation who enters into a Contract with CONTRACTOR for the performance of any part of Contractor’s Work. The term “” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. Submittals – Documents, or Shop Drawings reflecting how a particular aspect of the Work is to be fabricated and installed. The CONTRACTOR’S submittals include shop drawings, product data, samples, mock-ups, test results, warranties, maintenance agreements, project photographs, record documents, field measurement data, operating and maintenance manuals, reports, certifications and other types of information described in the specifications. Substantial Completion - A level of completion in substantial compliance with the Contract Documents, as certified in writing by Town’s Representative and recommended by the Architect and/or Engineer, such that the TOWN or its designee can have beneficial use or occupy the Project and can use or operate the Project in all respects for its intended purpose. In the event the Work includes more than one Phase, the TOWN, at its discretion, may set Substantial Completion dates for each Phase and may impose provisions for liquidated damages for each Phase, including Final Completion.

Superintendent or Resident Superintendent – The executive representative for the CONTRACTOR present on the Site as the supervisor during execution of the Work, authorized to receive and fulfill instructions from the TOWN and the Architect and/or Engineer and who is capable of supervising the Town’s Representative. Supplementary Conditions - That part of the Contract Documents which amends or supplements the Bidding Documents. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any SubContractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any SubContractor. Surety – The entity or individual which is bound by the Performance, Payment and/or Maintenance Bond with and for the CONTRACTOR, and which engages to be responsible for the CONTRACTOR’S acceptable performance of the Work and for his payment of all debts pertaining thereto in accordance with the bond documents and Section 255.05, Florida Statutes.

Total Base Bid - The sum of all the unit prices multiplied by the quantities, as provided in the Bid Form.

Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following utility services or materials, including but not limited to: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage, and drainage removal, traffic or other control systems or water.


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Town – The Town of Bay Harbor Islands, Florida, the TOWN Council or TOWN Manager, as applicable. Town’s Representative – The individual designated by the TOWN to act as the Town’s Representative with respect to the CONTRACTOR’S performance of the Work. Such individual shall have authority to transmit instructions, receive information, and make decisions with respect to the performance of the Work. Work (Also referred to as the “Project”) - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. BOCC – Miami-Dade County Board of County Commissioners DCA - Florida Department of Community Affairs DOH – Miami-Dade County Department of Health EPA - Environmental Protection Agency FDEP - Florida Department of Environmental Protection (or DEP) FDOT - Florida Department of Transportation (or DOT) FEMA - Federal Emergency Management Agency FHWA – Federal Highway Administration SFWMD - South Florida Water Management District USACOE - United States Army Corps of Engineers ARTICLE 1 - PRELIMINARY MATTERS Delivery of Bonds and Insurance: The Contractor shall deliver to Town, together with

the executed Contract for Construction, certificate(s) of insurance, evidencing the coverages required, providing the Town of Bay Harbor Islands as an additional or named insured, and all Bonds required.

Commencement of Contract Time; Notice to Proceed: The Work shall commence

subsequent to the execution of a Contract for Construction by all parties and upon a written Notice to Proceed from Town. No Work shall be commenced prior to the date specified in the written Notice from Town.

Pre-Construction Conference: The Town may hold a conference to establish an

understanding among the parties regarding all aspects of the Work, its progress and the Contract Documents, including but not limited to permit requirements, the schedules, the procedures for handling Shop Drawings and other Submittals, and Applications for Payment.


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Acceptance of Schedules: Contractor shall submit detailed schedules for the Work within ten (10) days from the pre-construction conference (if any) and before submission of the first Application for Payment. The schedule is subject to written approval by Town.

ARTICLE 2 – SHOP DRAWINGS AND SAMPLES

Submission to Town: After checking and verifying all field measurements and after complying with applicable procedures, Contractor shall submit Shop Drawings to the Town for review and approval. Shop Drawings shall be submitted in accordance with the approved schedule of Shop Drawings. Three (3) copies of all Shop Drawings, with Contractor’s signature, shall be submitted to the Town. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable review. Contractor shall also deliver Samples with such promptness as to cause no delay in Work. All samples will have been checked by Contractor, identified clearly as to material, Supplier, pertinent data such as catalog numbers and the intended use and accompanied by Contractor’s signature. At the time of each submission, Contractor shall give the Town written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, provide a specific notation on each Shop Drawing submitted to the Town for review and approval. Pointing out such departures (or the lack thereof) shall not relieve Contractor from responsibility to comply with the Contract Documents.

ARTICLE 3 - CONTRACT DOCUMENTS

Reference Standards: Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or laws or regulations in effect on last day for receipt of Bids, except as may be otherwise specifically stated in the Contract Documents.

Conflicts in Documents: In resolving such conflicts, errors or discrepancies, the Contract Documents shall be given preference in the order specified in the Contract. In all cases where notes, specifications, sketches, diagrams, details or schedules in the Specifications or Drawings or between the Specifications and Drawings conflict, the higher cost requirements shall be furnished by Contractor unless otherwise directed by the Town. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Contractor, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to Town, or any of Town’s Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.


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Amending Contract Documents: The Contract Documents may be amended to provide for

additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (a) A Written Amendment; or (b) A Change Order. Supplements, Minor Variations or Deviations: The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (a) approval of a Shop Drawing, sample or submittal, by Town; or (b) written interpretation or clarification by Town, which does not adjust the Contract Price or Contract Times; or a Field Order.

ARTICLE 4 – REPORTING AND RESOLVING DISCREPANCIES Reporting Discrepancies: If Contractor discovers any conflict, error, ambiguity, or

discrepancy within the Co

TOWN OF BAY HARBOR ISLANDS BROAD CAUSEWAY CORRIDOR ... · improvements include, but are not limited...

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