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GPE GENERAL CONTRACTORS - SIDEWALK REPAIR AND REPLACEMENT SERVICESA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: CITYWIDE SIDEWALK REPAIR AND REPLACEMENT SERVICES DESCRIPTION: CITY OF MIAMI CONTRACT NO. 781382(29) CONTRACT PERIOD: SECTION #1 – VENDOR AWARD Name: GPE GENERAL CONTRACTORS Name: Contact: ANTONIO REYES Contact: Phone: 305-828-5307 Phone: Fax: Fax: E-mail: bids@gpeeng.com E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 11/24/2020, ITEM R AMENDED AMOUNT: RESOLUTION NO: INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $398,000.00 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF STREETS Contract Administrator: JOSE SANCHEZ Phone: 305-687-2611 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF STREETS Contract Administrator: JOSE SANCHEZ Phone: 305-687-2611 Prepared by: Carmen Escalera Carlos Hernandez Mayor Paul B. Hernandez Council President Oscar De la Rosa Council Vice-President November 5, 2020 Honorable Mayor Carlos Hernandez And City Council Members City of Hialeah Hialeah, Florida 33010 Re: FY2020/2021 Concrete Work Dear Mayor and Council members: City of Hialeah Council Members Katharine Cue-Fuente Jacqueline Garcia-Roves Monica Perez Jesus Tundidor Carl Zogby ITEM # _____ l __ b _ NOV 24 202D~ The Charter of the City of Hialeah states that contracts in amounts greater than $15,000.00 shall be awarded on the basis of specifications and formal sealed bids. The Council may award a contract to the lowest responsible and responsive bidder, or it may reject all bids and re-advertise; or it may waive competitive bidding when it finds it to be in the best interest of the City. In accordance with the City of Hialeah Code Section 2.818 State, county or other governmental agency bids or contracts: Whenever advantageous to the city, the city may utilize bids that have been awarded or under contract by the state, county or other governmental agencies. If the city utilizes state, county or other governmental agency bids, competitive bidding will not be required. I am therefore respectfully requesting approval to piggyback off of the City of Miami's Citywide Sidewalk Repair and Replacement Services Contract for Non-Federally Funded Projects, awarded through competitive bidding (Resolution R-18- 0191), to issue GPE Engineering and General Contractor Corp. purchase orders in an amount not to exceed $398,000.00 for the removal and replacement of damaged sidewalks, curbs, and/or gutters throughout the city on an "as needed" basis. Funding for this expenditure will be drawn against account 101.3210.541464 ($250,000.00 maximum) and 120.3210.541464 ($148,000.00 maximum). GPE Engineering and General Contractor Corp. is an active corporation in good standing in the State of Florida. Resp,/~uuV ~~ ~~ of Streets Department e/DISAPPROVED 501 Palm Avenue, Hialeah, Florida· 33010-4719 www.hialeahfl.gov QI ittr nf 4fJH: iami CONTRACT AWARD Procurem,ent 'Deyartm,ent IFBNO.: DESCRIPTION: TERM OF CONTRACT: CONTRACT PERIOD: COMMODITY CODE: I SECTION #1 -VENDOR AWARD 781382(29) CITYWIDE SIDEWALK REPAIR AND REPLACEMENT SERVICES FIVE (5) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS JULY 30, 2018 THROUGH JULY 29, 2023 91382-00 GPE Engineering and General Contractor Corp. P.O. Box 4582 Hialeah, FL 33014 Contact: Antonio Reyes Phone: (305) 828-5307 Fax: (305) 828-5325 Email: bids@gpeeng.com Metro Express, Inc. 9442 NW 1091h Street, Suite 100 Medley, FL 33178 Contact: Delio Trasobares Phone: (305) 885-1330 Fax: (305) 885-1327 Email: delio@metroexpresscorp.com I SECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C.C. AWARD DATE: MAY 10, 2018 RESOLUTION NO: 18-0191 FILE ID: 3978 ANNUAL CONTRACT AMOUNT: N/A AMENDED AMOUNT: N/A INSURANCE REQUIREMENTS: YES PERFORMANCE & PAYMENT BOND: YES APPLICABLE ORDINANCES: N/A Notes: CONTRACT PERIOD: JULY 30, 2018 THROUGH JULY 29, 2023 I SECTION #3-REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT OF PUBLIC WORK Contract Administrator: Fabiola Dubuisson Phone: (305) 416-1755 I SECTION #4 -PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Tahlia Gray Phone: (305) 416-1912 Prepared By: Aimee Gandarilla, 7/19/18 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE !SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWW. MIAMIGOV.COM/PROCUREMENT R-18-0191 ARESOLUTIONQFTHEMIAMICITYCOMMISSION Ar.CEPTJNGTH ... Page 1 of3 Miami FL Resolution R-18-0191 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON MARCH 27, 2018 PURSUANT TO INVITATION FOR BID ("IFS") NO. 781382 FOR CITYWIDE SIDEWALK REPAIR AND REPLACEMENT SERVICES FOR THE PUBLIC WORKS DEPARTMENT ("PUBLIC WORKS"), ON AN AS NEEDED BASIS, WITH(G"PE ENGJ;N~ERil~U:i AN,D.GJ;NERAL C.QNTR.AG:fQRCQ_~~.j ("GPE") AS THE SOLE VENDOR FOR GROUP 1: FEDERALtY f.Ql\tDED-PROlE~CTS ("PROJECT"); WITH GPE AS THE PRIMARY VENDOR, AND ME·TROEXRllES_S~JI.Nt:~)("METRO EXPRESS"} AS THE SECONDARY VENDOR FOR GROUP 2: NON-FEDERALLY FUNDED PROJECTS, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. B43114 AND OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE All OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE; IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. Information Department: Department of Public Sponsors: Works Category: Other Attachments Agenda Summary and Legislation 3978 Memo -Award Recommendation 3978 Bid Tabulation 3978 Corporate Detail 3978 Bid Responses 3978 Invitation for Bid Financial Impact Federally Funded: $2,011,923.50 annually (aggregate of $22,131,158.50 for eleven (11) years) Non-Federally Funded: $2,021,936.20 annually (aggregate of $22,241,298.20 for eleven (11) years General Account No: CIP Project No. 40-B43114B and other funding sources http://miamifl.iqm2.com/Citizens/Detail_ LegiFile.aspx?ID=3978&highlightTerms=7813 8... 5/22/2018 R-18-0191 A RESOLUTION OF THE MIAMI CITY COMMISSION Ar.CEPTING TH... Pag~ ~ .. of_3 _·-·--·-······-.. ·---· . . ···.. ··---·-·-.. ··-··-~··-···--~·-· . \ -·· --i Body /Leg islatron WHEREAS, the Department of Public Works has a need for sidewalk repair and replacement services; and WHEREAS, the Department of Procurement ("Procurement") issued Invitation for Bid ("IFB") No. 781382, to establish a Contract for Citywide Sidewalk Repair and Replacement Services; and WHEREAS, award of the contract is on a Primary and Secondary basis. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The bids received March 27, 2018, pursuant to IFB No. 781382, from GPE as the sole vendor for Group 1: Federally Funded Projects; with GPE as the primary vendor, and Metro Express, Inc. ("Metro Express") as the secondary vendor for Group 2: Non-Federally Funded Projects, for an initial term of five (5) years, with the option to renew for three (3) additional two (2) year periods are accepted. Section 3. Funds to be allocated from Capital Improvements Project No. 843114 and other funding sources, subject to the availability of funds and budget approval at the time of need. Section 4. The City Manager is authorized[l] to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code"), including the City of Miami's Procurement Ordinance, Anti-Deficiency Act and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.[2] [1] The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (1 O) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Meeting History City May 10, 20:1.8 9:00 AM Video commission Regular Meeting ~Draft RESULT: ADOPTED [UNANIMOUS] MOVER: ~Vifredo (Willy) Gort, Commissioner, District One SECONDER: Keon Hardemon, Chair AYES: Keon Hardemon, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes ABSENT: Ken Russell http://miamifl.iqm2.com/Citizens/Detail_ LegiFile.aspx?ID=3978&highlightTerms=7813 8... 512212018 R-18-0191 A RESOLUTION Q.F THE MIAMI CITY COMMISSION Af;CEPTING TIL. Pag;e} of3 ___ _ Transcript May 10, 2018 9:00 AM @a.(?} City Commission Regular Meeting Show prev 60 sec 6: 53 PM To help address anything like that, that's an easy go, > you have some real pillars of miami, theodore gibson, marl plummer, I forgot to the other one was. But nevertheless, I want to make sure we don't end up underground chlcago. May be in a bar somewhere over there. 6: 54 PM > it will make It hard for me to take that back. >all with the motion to defer say i. The motion carries. All right can we move through this agenda. Commissioner, I know we had a public hearing item ch five. For the parks. You wanna go to that. 6:54 PM I had somebody for my office come in. I don't know about parks. > while he's doing that, is there a motion to approve re five. The repair and replacement services. 6: 55 PM > re five. okay re seven, certification of declaration of result's. We did those, right? >you. re seven. 6:55 PM Let me respond to seven. Five and seven. > five and seven. re five. We will approve it now if there is a motion. Re five and re seven. Re five is sidewalk repairs and replacement services. Show next 60 sec http://miami:fl.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=3978&highlightTenns=78138... 5/22/2018 TO: FROM: CITY OF MIAMI, FLORIDA INTER-OFFICE IVIE.MO"RANDUM Emilio T. Gonzalez, Ph.D. City Manager Annie Perez, CPPO, Director~ Department of Procurement DATE: April 5, 2018 FILE: SUBJl:CT: Recommendation of Award for Citywide Sidewalk Repair and Replacement Services REFERENCES: Invitation for Bid ("IFB") No. 781382 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB 781382 to GPE l::ngineering and General Contractor Corp. ("GPE") and Metro Express, Inc. ("Metro Express';), to provide citywide sidewalk repair and replacement services for the Department of Public Works. The awarded vendor, contract terms, and amount are shown below. IFB No./Title: IFS 781382, Citywide Sidewalk Repair and Replacement Services Contract Amount: Approximately $2,011,923.50 annually (aggregate of $22, 131, 158.50 for eleven (11) years), subject to availability of funds for succeeding fiscal years Contract Term: Initial term for a period of five (5) years, with the option to renew for three (3) additional two (2) year periods Recommended Vendors: Group 1, Federally Funded Projects: GPE Engineering and General Contractor Corp. ("GPE") as the sole vendor; Group 2, Non-Federally Funded Projects: GPE as the primary vendor and Metro Express, Inc. ("Metro Express") as the secondary vendor BACKGROUND: On March 6, 2018, Procurement issued IFB No. 781382, Citywide Sidewalk Repair and Replacement Services, under full and open competition. On March 27, 2018, at bid closing three (3) bids were received. Bids were evaluated and tabulated. During evaluation, RJ Spencer Construction, LLC was und non-responsive due to an inability to provide the required bid bond. Date: 4\ rt} ,9 c: Nzeribe lhekwaba, Ph.D., P.E., Assistant City Manager, Chief of Operations Fernando Casamayor, Assistant City Manager, Chief Financial Officer Juvenal Santana, P£., CFM, Director, Public Works Rafael Suarez-Rivas, Sr. Assistant City Attorney, City Attorney's Office Lydia Osborne, Ph.D., CPPO, CPPB, Assistant Director/Chief Negotiator, Procurement PR17474 Page 1of1 IFB 781382 Sidewalk Repair/Replacement .. RJ Spencer Construction, LLC GPE Engineering and General 1-1 1 C Metro Express, nc. Contractor orp. line Pay Item Description Unit Qty Unit Cost Total Cost Unit Cost Total Cost II -···-I Total Cost No. -Install standard 4-inch, 3,000 psi concrete sidewalk, ramp and sldewalk Square 1200,000 1 !landing, including tree root and branch trimming, tree root removal and restoration of the area. Foot 111 111 $ 3.44 I$ 688,000.00 I 0 Install standard 6-inch 3,000 psi concrete sidewalk/ driveway, ramp and Square 2 I sidewalk landing including tree trimming, tree root removal and restoration of 100,000 the area. Foot 111 $ 4.111 $ 411,000.00 I 0 3 I Remove and dispose of concrete sidewalk {4" or 6" thick concrete or any Square 300,000 thickness of sidewalk or asphalt pavement), more or less, at any location. Foot I 111 $ o.s1 Is. 153,000.00 I 0 Standard or depressed concrete curb (any type), m0re or less,. including 4 {emoval and disposal of existing curb or curb and gutter, base preparation linear S,000 and including ac;ljacent pavement restoration, if necessary; as per Misc. 3S78S-Foot 22. 111 $ 19.15, $ 9S,7SO.OO I 0 Standard concrete curb and gutter (any type), mo.re or less, including removal Linear s land disposal of existing curb or curb·.and gutter, base preparation and S,000 including adjacent pavement restoration, if necessary, as per Misc. 3S-8S-22. Foot 111 $ 28.881 $ 144,400.00 I 0 Standard concrete valley gutter (any type; any size), more or less, including 6 {emoval and disposal of existing valley gutter, curb or concrete gutter, base linear S,000 preparation and including adjacent pavement restoration, if necessary, as per Foot Misc. 3S"8S-22. 111 $ 23.691 $ 118,4So.oo I 0 7 1 Provide and install water meter boxes located in sidewalk to be replaced, at any location as approved by City Engineer. Each so 111 s 311.661 $ 15,S83.00 I 0 8 1 Type "S-111" asphaltic concrete surface course including bituminous tack coat, Square S,000 as noted in these specifications, as approved by City Engineer. Yard 111 s 16~67 I$ 83,3SO.OO I 0 8-inch thick compacted limerock base witl:I primer oi.1 surface including Square 1 9 I necessary clearing and grading, as noted in these specifications, as approved 500 by Oty Engineer. Yard 111 111 s 12.61 I$ 6,305.00 I 0 Install St. Augustine Solid Sod in place, if necessary, including planting soil, Square I 2,000 10 I grading, leveling of tl:le swale area and top dressing, as approved by City Engineer. Foot II I 111 $ 8.33 I$ 16,660.00 I 0 Erect/ stake and brace fallen trees/palms, any size, including all 11 I appurtenances on an "as needed" basis at locations citywide, close to the I Each I so project location. 111 111 $ 2oi.29 Is 10,064.SO I 0 2 Created by: Tahlia Gray April 4, 2018 App<~d ~ IFB 781382 Sidewalk Repair/Replacement Standard 6-inch concrete driveway approach, more or less, including removal 1and disposal of existing concrete/asphalt driveway approach, tree trimming, 12 tree root trimming, tree root removal and restoration of the area at any Square 1,000 Foot citywide location. $ 8.11 $ s,110.00 I 0 13 I Provide and install traffic signal pull boxes located in sidewalk to be replaced, if necessa at an cit wide location. Each 10 $1,274.86 $ 12,748.60 I 0 Prepare 6.-inch sub base for locations where there are no.existing sidewalks, Square 14 lincludingclearing and grading, new fill material, compaction and leveling of Foot 2,000 the area, etc. 111 $ 0.531 $ 1,060;00 I 0 Remove existing asphalt, concrete or sod at.swale areas, clearing and grading to 6-inches lower than face of sidewalk/ curb including survey work for new elevations. Filling the swale area with 6-.inches of clean suitable material, I Square I 2,000 15 I including but not limit to compaction and leveling around the pruned roots, grade fo COM PW Standards, placement of sod or asphi!ltic pavement as Foot applicable, and maintenan.ce the valley drainage area in order to properly adjust rain water flow into existing .catch basins as per Misc. 35-85-27. 2,680.001• 111: 1.341 $ 0 16 I Install (cast in place) detectable warning pads, per Misc. 35-85-22. Each 250 0 268.39: $ 67,097.50 Remove.and reset existing standard brick pa\/ers, including removal of existing bricks, reworking the sand base, adding new· sand, etc ••. clearing and grading, Square I 5,000 17 I tree trimming, tree root removal, new fill material, compaction and leveling ofthe area; etc. and resetting the existing bricks in same area, at any location Foot citywide. 111 s 1.89 I$ 9,450.00 I 0 New standard brick pavers installation, including removal of existing broken bricks, reworking the sandy base, adding new sand, etc., clearing and grading, 18 !tree trimrning, tree root removal, new fill material, compaction and leveling Square I 5,000 of the area, utility rim border, etc., and installing new brick pavers, at any Foot locatfon ci ide. 111 s 6.921 $ 34,600.00 I 0 Typical 4'x4', more or less, 6"x12" concrete planter/header for those locations where the planters/headers are damaged or non existing and 19 I located where the brick sidewalk will be installed/ reset including clearing and I ~near I 1,000 grading, tree trimming, tree root removal, new fill material, compaction and oot leveling of the area, etc. at any location citywide. I $ 20.74 $ 20,740.00 I 0 20 I Install root guard per PW Bulletin No. 33. Linear 500 Foot $ 67.10 $ 33,550.oo I 0 21 1 Remove and dispose of tree stumps, including roots; any size at various Each 10 locations if necessary, at any location as approved by City Engineer. 111 s 335.491 $ 3,354.90 I 0 1concrete sidewalk grinding to be used only as a temporary measure to fix Linear 1,000 22 uneven sidewalk. Contractor must provide its own water for dust control. $ 25;970.00 I 0 23 SPECIAL PROVISION =Contingency Allowance $50,000.00 $50,000.00 $ 10,435,250.00 $ 2,011,923.50 NON-RESPONSIVE AWARDED VENDOR 2 Created by: Tahlia Gray April 4, 2018 IFB 781382 Sidewalk Repair/Replacement RJ Spencer Construction, LLC GPE Engineering and General U Contractor Corp. Metro Express, Inc. ~~~"?$1'!~,.;:;;!;1~:.;~~ .. .!"~l~~-:."PS-;';~<~r.:~·~~ ... t{""~~!~·~?.1•J".n.•~~""·:t~·)I;'~~'~ Line Pay Item Description I Unit I Qty I Unit Cost I No. Total Cost Unit Cost I Total Cost 11 Unit Cost I Total Cost Install standard 4-inch, 3,000 psi concrete sidewalk, ramp and sidewalk Square 1200,000 1 !landing, including tree root and branch trimming, tree root removal and restoration of the area. Foot 11 111 $ 3.42 I$ 684,ooo.oo 11 $ 4.oo I$ 800,000.00 l'nstall standard 6-inch 3,000 psi concrete sidewalk/ driveway, ramp and Square 2 ,,sidewalk landing including tree trimming, tree root removal and restoration Foot 100,000 of the area. I 111 $ 4.10 I$ 410,000.00 I I $ 4.7S I$ 475,000.00 3 !Remove and dispose of concrete sidewalk {4" or 6" thick concrete or any I Square 300,000 thickness of sidewalk or asphalt pavement), more or less, at any location. Foot I 111 s 0.531 $ 159,000.00 11 $ o.5o I$ 150,000.00 Standard or depressed concrete curb (any type), more or less, including {emoval and disposal of existing curb or curb and gutter, base preparation Linear 5,000 4 and including adjacent pavement restoration, if necessary, as per Misc. 35-85 Foot 22. 111 $ 19.561 $ 97,800.00 11 $ 18.00 I$ 90,000.00 Standard concrete curb and gutter (any type), more or less, including 5 {emoval and disposal of existing curb or curb and gutter, base preparation Linear 5,000 and including adjacent pavement restoration, if necessary, as per Misc. 35-8S Foot 22. 111 $. 29.421 $ 141,100.00 11 $ 18.00 I$ 90,000.00 Standard concrete valley gutter (any type, any size), more or less, including 6 {emoval and disposal of existing valley gutter, curb or concrete gutter, base Linear 5,000 preparation and including adjacent pavement restoration, if necessary, as Foot per Misc. 35-85-22. II 111 $ 24.09) $ 120.4so.oo 11 $ 18.00 I$ 90,000.00 7 trovide and install water meter boxes located in sidewalk to be replaced, at any location as.approved by City Engineer. Each so II 111 $ 313.33 I$ 15,666.so 11 s 300.00 I$ 15,000.00 8 1 Type "S-111" asphaltic concrete surface course including bituminous tack coat, Square 5,000 as noted in these specifications, as approved by City Engineer. Yard 111$ 16.871 $ 84,350.00 11 $ 27.oo Is 135,000.00 8-inch thick compacted limerock base with primer oil surface including Square 1 9 lnecessary clearing and grading, as noted in these specifications, as approveo 500 by Oty Engineer. Yard 11 111 $ 12.74 I$ 6,310.00 11 $ 15.oo I$ 7,500.00 Install St. Augustine Solid Sod in place, if necessary, including planting soil, Square I 2,000 10 lgrading; leveling of the swale area and top dressing, as approved by City Engineer. Foot I I 111 s 8.29. I$ 16,s80.oo 11 $ 2.00 I$ 4,000.00 Erect/ stake and brace fallen trees/palms, any size, including all 11 !appurtenances on an "as needed" basis at locations citywide, close to the I Each I so project location. ll 111 s 201.56 I$ 10,018.00 11 s. 200.00 I s 10,000.00 Standard 6-inch concrete driveway approach, more or less, including U {emoval and disposal of existing concrete/asphalt driveway approach, tree I Square 11,000 trimming, tree root trimming, tree root removal and restoration of the area Foot at any citywide location. II 111 s 8.17 I$ s,170.00 11 s 6.oo IS 6,000.00 1 Created by: Tahlia Gray April 4, 2018 Approved by: 2 13 1Provide and install traffic signal pull boxes located in sidewalk to be replaced, if necessarv. at anv citvwide location. Prepare 6-inch sub base for locations where.there are no existing sidewalks, 14 !including clearing and grading, new fill material, compaction and leveling of the area, etc. Remove existing asphalt, concrete or sod at swale areas, clearing and grading to 6-inches lower than face of sidewalk/ curb including survey work for new elevations. Filling the swale area with 6-inches of clean suitable material, 15 !including but not limit to compaction and leveling. around the pruned roots, grade to.COM PW Standards, placement of sod or asphaltic pavementas applicable; and maintenance the valley drainage area in ord.er to properly adjust rain water flow into existing catch basins as per Misc. 35-85-27. 16 llnstall (cast in place) detectable warning pads, per Misc. 35-85-22. Remove and reset existing standard brick pavers, including removal of existing bricks, reworking the sand base, adding new sa·nd, etc., clearing and 17 !grading, tree trimming, tree root removal, new fill material, compaction and leveling.of the area, etc. and resetting the existing bricks in same area, at any location citvwide. New standard brick pavers installation, including removal of existing broken bricks, reworking: the sandy base, adding new sand, etc~, clearing and 18 lgrading,tree trimming, tree root removal, new fiWmaterial, compaction and leveling of the area, utility rim border, etc., and installing new brick paver;;, at anv location citvwide. Typical 4'x4', more or less, 6"xl2" concrete planter/header for those locations where the planters/headers are damaged or non existing and 19 !located where the brick sidewalk will be installed/ reset including clearing and grading, tre.e trimming, tree root removal, new fill material, compaction and leveling of the area, etc. at any location citywide. 20 !Install root guard per PW Bulletin No. 33. 2 1Remove and dispose of tree stumps, including roots, any size at various 1 locations if necessary, at any location as approved by City Engineer. 22 1concrete sidewalk grinding to be used only as a temporary measure to fix uneven sidewalk. Contractor must provide its own water for dust control. 23 !SPECIAL PROVISION = Contingency Allowance Created by: Tahlia Gray April 4, 2018 IFB 781382 Sidewalk Repair/Replacement Each 10 s 1,216.so I s 12,765.00 S 500.00 Is 5,000.00 Square. Foot 2,000 4,000.00 $ 0.54 I$ s 2.00 Is 1,080.00 Square 2,000 Foot $ 1.37 $ 2,740.00 $ 4.00 $ 8,000.00 Each 250 $ 2.68.73 $ 67,182.50 $ 300.00 $ 75,000cOO Square 5,000 Foot 111; ''t 9,~oot 600 I; 30,000.00 Square 5,000 Foot II 111 6.97 l $ 34,850.00 11 s $ 9.oo Is 45,000.00 Linear I 1,000 Foot $ 21.15 $ 21,150.00 $ 18.00 $ 18,000.00 --""'¥, Foot Each lO $ 67.19 $ 33,595.00 $ 10.00 $ 5,000.00 $ 335.92 $ 3,359.20 $1,000.00 $ 10,000.00 --Linear I 1,000 Foot $ 26,000.00 10.00 $ 10,000.00 $50,000.00 $50,000.00 ~--$ 2,021,936.20 $ 2,132,500.00 $ 10,435,250.00 NON-RESPONSIVE PRIMARY VENDOR SECONDARY VENDOR Approved by:-!--\---\-------- City of Miami Invitation for Bid (JFB) IFBNmnber: Title: Issue Date/Time: IFBClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: Procurement Department Miami Riverside Center 444 SW 2nd Avenue, G•h Floor Miami, Florida 33130 Web Site Address: www.miamigov com/procurement 781382 Invitation for Bid for Citywide Sidewalk Repair and Replacement· 06-MAR-2018 fZ·'l~MAR-2018 ·@ 14~00:0(f Voluntary March 12, 2018 at 10:00 a.m. City of Miami MRC 8th Floor North Conference Room, 444 SW 2nd Ave, Miami, FL 33130 ; M~~Ji'20,,2Q[f8.al 5.:;.QO. p~f.ii. ' Gray, Tahlia City of Miami -City Clerk 3500 Pan American Drive Miami FL 33133 US tgray@miamigov.com 305-400-5019 Page 1of61 rCeptiJlcatiµn·~ta~~m~ti~, Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, 9r person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: _________________ _ ADDRESS: ____________________ _ PHONE: __________ FAX: _________ _ EMAIL: ___________ CELL(Optional): ------- SIGNED BY: ___________________ _ TITLE: __________ DATE: ________ _ FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 61 Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: FEI/EIN No.: Office Location: City of Miami, Miami-Dade County, or Other Occupational I Business License Number: Occupational I Business License Issuing Agency: Occupational I Business License Expiration Date: Will SubcontraCtor(s) be used? (Yes or No) If yes, provide Subcontractor(s} information on Attachment C -Subcontractors. The work performed by all Subcontractors listed cannot be more than fifteen percent (15%) of the total work for this contract (a copy of their license(s) must be submitted with your bid response}. Page 3 of 61 Line: 1 \-Pes:~~ij?.tie:u.:: pi((~ers are not required to enter a unit p.rice on this line. Bidders shall submit their prices on Attachments G and/or H -Price Sheet, focated in the Header/ Attachments Section of this Solkitatlon in the Oracle/iSupplier Sourcing System. Category: 91382-00 Unit of Measure: Dollar Unit Price: $ ___ _ Number of Units: 1 Total: $ ___ _ Page 4of61 Invitation for Bid (IFB) 781382 Table of Contents . . . . . -. Terms and Conditions ...................................................................................................................................................... 7 1. General Conditions ............................................................................................................................................ 7 1.1. GENERAL TERMS AND CONDITIONS ............................................................................................. 7 2. Special Conditions ........................................................................................................................................... 27 2.1. General Special Conditions ................................................................................................................... 27 2.1.a) PURPOSE ................................................................................................................................... 27 2.1.b) DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION ................................................................................................... 27 2.1.c) VOLUNTARY PRE-BID CONFERENCE ................................................................................ 27 2.1.d) TERM OF CONTRACT ............................................................................................................. 27 2.1.e) METHOD OF AWARD ............................................................................................................. 27 2.1.f) CONDITIONS FOR RENEWAL ............................................................................................... 28 2.1.g) NON-APPROPRIATION OF FUNDS ...................................................................................... 28 2.1.h) BIDDERS MINIMUM QUALIFICATIONS ............................................................................. 28 2.1.i) INDEMNIFICATION ................................................................................................................. 28 2.1.j) INSURANCE REQUIREMENTS .............................................................................................. 29 2.1.k) BID BOND ................................................................................................................................. 31 2.1.l) SUBCONTRACTOR(S) .............................................................................................................. 31 2.1.m) REFERENCES .......................................................................................................................... 32 2.1.n) BACKGROUND CHECKS ....................................................................................................... .32 2.1.o) TIE BIDS .................................................................................................................................... 32 2.1.p) METHOD OF PAYMENT ......................................................................................................... 33 2.1.q) ADDITIONS/DELETIONS OF FACILITIES/LOCATIONS/ITEMS/PRODUCTS/SERVICES ....................................................................................................................................................................................... 33 2.1.r) PROJECT MANAGER ............................................................................................................... 33 2.1.s) PRIMARY CLIENT (FIRST PRIORITY) ................................................................................. 33 2.1.t) RESPONSE TIME ...................................................................................................................... .33 2.1.u) SUPERVISION .......................................................................................................................... .34 2.1.v) USE OF PREMISES ................................................................................................................... 34 2.1.w) DAMAGES TO PUBLIC/PRIVATE PROPERTY ................................................................... 34 2.1.x) PUBLIC CONVENIENCE AND SAFETY ............................................................................... 34 2.1.y) SAFETY MEASURES ............................................................................................................... 35 2.1.z) COMPLETED WORK ............................................................................................................... .35 2.1.aa) FAILURE TO PERFORM ........................................................................................................ 35 · 2.1.ab) LIQUIDATED DAMAGES ..................................................................................................... .35 2.1.ac) TERMINATION ....................................................................................................................... 35 2.1.ad) ADDITIONAL TERMS AND CONDITIONS ........................................................................ 36 2.2. GROUP 1 -FEDERALLY FUNDED PROJECTS .............................................................................. .36 2.2.a) INTRODUCTION ...................................................................................................................... .36 2.2.b) LOCAL PREFERENCE ............................................................................................................. 36 2.2.c) DAVIS-BACON ACT ................................................................................................................ 36 2.2.d) COMPLIANCE WITH COPELAND "ANTI-KICKBACK" ACT ............................................ 36 2.2.e) COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT . 37 Page 5 of61 Invitation for Bid (IFB) 781382 2.2.t) PARTS AT PASS-THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK) 37 2.2.g) NOTIFICATION TO PERFORM WORK ................................................................................. 38 2.2.h) EQUAL EMPLOYMENT OPPORTUNITY ............................................................................. 38 2,2.i). CLEAN AIR ACT · .... , .. , .... , .... ; ................... ;~ .............. ; .......................................... : ............ : ..... :.: .. :39·· 2.2J) FEDERAL WATER POLLUTION CONTROL ACT ................................................................ 39 2.2.k) NO OBLIGATION BY FEDERAL GOVERNMENT .............................................................. 39 2.2.1) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS ..................................................................................................................................................... 39 2.2.m) BYRD ANTI-LOBBYING AMENDMENT, 31.U.S.C. § 1352 (AS AMENDED) ................. 39 2.2.n) PROCUREMENT OF RECOVERED MATERIALS ................................................................ 40 2.2.o) DHS SEAL, LOGO, AND FLAGS ........................................................................................... .40 2.2.p} COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS . 40 2.2.q) ACCESS TO RECORDS ............................................................................................................ 40 2.2.r) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERM AND CONDITIONS, SECTION 1.25) .......................................................................................................... Ill 2.3. GROUP 2 -NON-FEDERAL FUNDED PROJECTS .......................................................................... 41 2.3.a) INTRODUCTION ...................................................................................................................... Al 2.3.b) PERFORMANCE BOND ........................................................................................................... 41 2.3.c) CITY OF MIAMI LIVING WAGE ORDINANCE ................................................................... 1!2 2.3.d) LOCAL PREFERENCE ............................................................................................................ .42 3. Specifications ......................... : ......................................................................................................................... 43 3.1. SPECIFICATIONS/SCOPE OF WORK ............................................................................................... 43 3.2. PLANTING ........................................................................................................................................... 53 3.3. SODDING ............................................................................................................................................. 58 Page 6 of61 Invitalion for Bid (IFB) 781382 Terms and Conditions 1. General ConcHtions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issua.nce of an Invitalion for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT-Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER -The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re-issuance on the goods/services described in the formal solicitation. In the evenl of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re-issue this formal solicitation. 1.4. ADDENDA-It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT-Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES-In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigalion and any post-judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are dil'ectly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 7 of 61 Invitation for Bid (IFB) 781382 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE-Any Governmental. not-for-profit or quasi-govemmental entity in the Stale of Florida, may avail Itself of this contract and purchase any and all goods/services. specified herein from the successful bidder(s}/proposer(s} at the contract priee(s) established herein. when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-for-profit or quasi-governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue Its own purchase orders, be invoiced there from and make its own payments, detem1iJie shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s}. 1.10. AWARD OF CONTRACT: A. The Fotmal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall conslilute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug-Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission qf other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such d()cuments are not submitted in a timely manner and in the form requited by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re-solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, ff applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. ~ D. The term of the contract shall be specified in one of three docwnents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the slated contract term in order lo provide City departments with continual service and supplies while a new coniract is being solicited, evaluated, and/or awarded. If the right is exeJ'cised, the City shall notify the Bidder/Proposer, in writing, of iti:; intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. ~G. The City reserves the right to award the contract on a split-order, lump sum or individual-item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements refiected herein. As a result of a RFP, RFQ. or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreemerit with the Proposer, whichever is determined to be in the Page 8 of 61 Invitation for Bid (IFB) 781382 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are In the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY -A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the -State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it Is awarded to bidder/proposer. Bidder/Prnposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned lo unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing dale, and no contract has beeri awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) -All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES-Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES -If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or biddetlproposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the Cily does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The Cily shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION -The Cily reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES -Contractor underntands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon lhe City. 1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultanl, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by lnjunclion or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION -Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 9 of61 Invitation fo1· Bid (IFB) 781382 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The . Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict oflnterest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occuned ~nd the City reserves th.e right to. reject any and all bids/responses where· collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS -Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3) (A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code {Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSI-I), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611 ;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE -Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is Imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendallon to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staftS and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 10 of61 Invitation for Bid (IFB) 781382 Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre-proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, · or public presentations made to theMiarrii City Cominiss!oh dul'irig a duly noticed public -meeting; or · · · communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com}, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violatjon of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commlssion. Proposers or bidders should reference Section 18-7 4 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-7 4 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY -As a political subdivision, the City of Miami is subjei;:t to the Florida Sunshine Act and Public Records Law. If this Contract/ Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. l.22. CONFLICT OF INTEREST -Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City. employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: {i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 11 of 61 Invitation for Bid (IFB) 781382 Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS -Bidders/Proposers warrant that there has been no violation of copyright or patentrights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER -All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall b,ave the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. ( 4) Violation of Contract provisions, which Is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompllant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Pagel2of61 Invitation for Bid (IFB) 781382 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed on the State of Florida debm·red or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public enlily for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the . effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. · B. Failure to begin the work under this Contract within the time specified. . C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and chm·ges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS -Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted In the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 13 of61 Invitation for Bid (IFB) 781382 to comply with these requirements may deem a Response non-responsive. A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability, as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. · 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified Jn the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the Clly Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated Jn the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence -Any inconsistency In this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY I DISASTER PERFORTvlANCE -In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the Cily with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT -The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLis, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES -Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting · specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: Page 14 of61 Invitation for Bid (IFB) 781382 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not Include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bldder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re-advertise for all or any part of the Formal Solicitation whenever it is deemed In the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the Industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which ls the actual source of supply, If required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ. or RFU to be considered non-responsive; and, if exceptions are taken to lhe terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES -The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 15 of 61 Invitation for Bid (IFB) 781382 or supplied over a period of time. l.38. FLORIDA MINIMUM WAGE· The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked In Florida. Accordingly, it ls the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, It is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If Impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this iriformation at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact Its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all Information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE -The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami-Dade County, Fl01ida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS -The headings to the various paragraphs of this Contract have been Inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) -Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portablllty and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for ptivacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non-permitted disclosures; C. Reporting to the City of Miami of any non-permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the Cily of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information Page 16of61 Invitation for Bid (IFB) 781382 practices including specifically, a description of the types of uses and disclosures that would be made with protected health Information. · 1.42 INDEMNIFICATION -Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, il\)urles or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding Is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfact01y to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity wHI survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, Including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub-Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub-Contractor, under this Agreement. l.43. FORMATION AND DESCRIPTIVE LITERATURE -Bidders/Proposer must furnish all information requested in the spaces provided In the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriplive literature, technical specifications, and Material Safely Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS -The City may, at reasonable times during the term hereof, inspect Contraclor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE -Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be labulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on lhe City's Page 17 of61 Invitation for Bid (IFB) 781382 Web Site following recotnmendation for award. 1.46. INSURANCE -Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence oflnsurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notlfled of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents In the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES -Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non-local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non-local bidder, then that non-local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non-local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non-local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which _the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS -No contract or understanding lo modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet Page 18 of 61 Invitation for Bid (IFB) 781382 as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE -Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor. or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS -Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to speclflcations may be rejected and returned at Bidder's/Proposer's expense. These non-confonning items not delivered as per delivery date In the response and/or Purchase Ot'der may result in bidder/proposer being found in default in which event any and all re-procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION -Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore. Bidder/Proposer agrees that no otherwise qualified Individual shall solely by reason of his/her race, sex, color, age, religion, national ol'igin, ·marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION -At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE -Any person. firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL -Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. Page 19 of61 Invitation for Bid (IFB) 781382 1.57. OWNERSHIP OF DOCUMENTS -It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY -If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND-A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) -Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered In the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS -Any price decrease effectuated during the contract period either by reason of Page 20 of61 Invitation for Bid {IFB) 781382 market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62 .. PRODUCT SUBSTITUTES -In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representatlve{s) to supply a substitute product at the awarded price or lower, pl'Ovlded that a sample is approved in advance of dellve1y arid that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that It has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT -Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage. it is understood and agreed that the terms shall be 2% 20 days. effective after receipt of Invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY -Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responslbilily of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING -Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or afflliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract lo provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Page 21of61 Invitation for Bid (IFB) 781382 1.68. PUBLIC RECORDS -Contractor understands that the public shall have access, at all reasonable times, to all documents and info1wation pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT-All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model. of the best quality, and of the Wghest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES-The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1. 71. REMEDIES PRIOR TO A WARD (Sec. 18-106) -If prior to Contract award It is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a wtitten report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec.18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. I .Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protesl to the Chief Procurement Officer. A wrilten notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Quallfications or Request for Letters of Interest ls published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or Page 22 of61 Invitation for Bid (IFB) 781382 ii. Any prospective bidder who Intends to contest the Solicitation Specifications or a solicitalion may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written no lice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the. Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted ln the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which ls neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have !he authority, subject to the approval of the City Manager and the cily attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the Cily Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or Page 23 of61 Invitation for Bid (IFB) 781382 the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the lime provided in subsection (a), above, shall constitute a forfeiture of such party's right to flle a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the clty shall not proceed further with the solicitation or with the award of the Contract until the protest ls resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest ls upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES -Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES -Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City . through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY -When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS -The apparenl silence of these specifications and any supplemental specification as to any detail or the omission from il of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the Stale of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES -Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no Page 24 of61 Invitation for Bid (IFB) 781382 award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and 1·etum address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USl. USl SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USl NORTH TO 27TH AVENUE, TURN RIGHT. PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City •Nill not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82 .A. 1.79. TAXES -The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION -The Cily Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for Page 25 of 61 Invitation for Bid (IFB) 781382 its own convenience; C, Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT-Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly Invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized Inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY -Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s} specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified In the Special Conditions. 1.83, TITLE -Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE-All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be awai·e that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS-Neither the qualified Bidder(s)/Proposer(s} nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s} shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME -The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS -For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 61 Invitation for Bid (IFB) 781382 2. Special Condil.ions 2~1. General Special Conditions 2.1.a) PURPOSE , Jh~ purpose i;if this Solicitation is to establish a contract, fon Cit,YWide E111ergencySidewalk Repmr <.ind i \.Replacement, as specified herein, from a source(s), fully comp Hant with the terms, conditions and stipulations ofthe solicilation. 2.1.b) DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications coricerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Tahlia Cray; fax: (305) 400-5019 or email: tgray@miamigov.com, and a copy filed with the Office of the City Clerk, pl(rsuant to Section 1.20. Cone of Silence. The .solicitaHon Utle.Md number shall be referenced on all correspondence. All questions must be received no later th?ri Mfu:¢.h i0..,·201'8·.at·&:PO•j)im .. /All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO · · ---" QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.1.c) VOLUNTARY PRE-BID CONFERENCE A Voluntary pre-bid conference will be held on March 12, 2018 at 10:00 a.m., al City of Miami MRC 8th Floor North Conference Room, 444 SW 2nd Ave, Miami, FL 33130. 2.1.d) TERM OF CONTRACT The Successful Bidder shall commence upon the date of notice of award and shall be effective for five (5) years with the option to renew for three (3) additional two (2) year periods, subject to the availability of funds for succeeding fiscal years. · Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.1.e) METHOD OF AWARD !J'his SoJ}citatioriis tlivided iritO two -(2·) ·Gto,ups:-Grpi,ip l :-c Rederal,ly.F;m1d!1d'Prdjects:.ancl:Gi;oup -~ -Non-Fedeially' Funded Projects; Bidders cari bid cm one Croup or both Gi·dtips, usillglhe applicable Price Forrri{:S). · Award of this contract will be made to the lowest responsible and responsive bidder(s) bids on all Hems and whose bid offers the lowest price when all Hems are added in the aggregate. Failure to bid on all items on either price sheet shall deem your bid non-responsive. The City shall select up to three (3) vendor(s) for each Group, with the lowest deemed the "pri,Q.1aryvendar" ~,cl: the IJ.ext fowesMhe ~·secondacy vendor';, and,l):iird as,the !'tertiary vendor;" in the order of loweslprices provided to the City. Should the "primary vendor" not be able to ptovide the item at the time needed, the City has the option to select the next lowest "secondary vendor" to fulfill the order, and so on. Page 27 ofGl Invitation for Bid (IFB) 781382 Bidders may bid on one or both Groups. Biel price sheets located in the Header Seclio11 of this solicitation. 2.1.f) CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the followhig: (1) Continued satisfactory performance compliance wilh U1e specifications, terms and ['.ondilions established herein. (2) Availability of funds 2.1.g) NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to ilie Successful Bidder or his assignee of such occurrence, shall have the unqualified right to terminate Lhe contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any ffrm(s). · 2.1.h) BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this bid; that have adequate financial support, equipment and personnel to insure that they can satisfactorily provide the goods and/or services if awarded a contract under the terms and conditions herein staled. The minimum qualifications for this bid are iliat the Successful Bidder shall. as of Bid Due Date: (1) Have a record of performing these service~ f?.rfiVe'(m years.' .. ; (2) Have a current certified license as ai.Oeneral'Coritfciot0rifram1:the State ofFfodda ORMiami~Dade County ~®iqpal Oc.q1pali.9_r.ial 'Licen.se in,the trade of Sidewalk and PavJng, (3) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving ilie City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous coillract with the City, ( 4) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last three (3) years. lfhe :su·(;cessful Bicfdet sliaff alsiJ provide a· competent, Rngl,isl.\ sp~~kttrg:~ttpJJ,rv,i~or; wh~· i;J1a.Il b:eav~i.1.1;1Q.le 1;1J .l\le · 1 work site at all times (refer to Section 2.22). - 2.1.i) INDEMNIFICATION Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense). U1e City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements. and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save Page 28 of61 Invilalkm for Bid (IFB) 7813&2 and hold harmless for, and defend (al ils own cost), the City its officials and/or employees against any civil actions, statutory or silililar claims, injuries or damages arising or resulting from the perinilted Work, even if IL is alleged that the City, its officials. and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Contractor shall, upon written notice from the Clly, resist and defend such action or proceeding by counsel satisfactmy to the Cily. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees. agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions ot every name and description which may be brought against the Cily. whether performed by the Contractor, or persons employed or utilized by Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without lirnilalion and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Contractor shall require all sub-contractor agreements Lo include a provisiQn that each sub-Contractor will indemnify the City in substantially the same language as this Seclion. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes or shares any responsibility or liability of lhe Contractor or sub-contractor under this Contract. Ten dollars ($10) of the payment:; nw.de by the City constit~1le separate, distinct, and independent consideration for the granling of this Indemnification, lhe receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. CzJJ) INSURANCg'.RE'QUIREMEN'I'S ) The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate U1al insurance coverage has been obtained which meets Uie requirements as outlined below: I. Commercial Genera] Liability A. Limits ofLiabilily Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000.00 General Aggi·egate Limit: $2,000,000.00 Products/Completed Operations: $1,000,000.00 Personal and Adverlising Injury: $ 1 ,000,000.00 Page 29 of 61 ··· .. Invitation for Bid (IFB) 781382 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liab!lity Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non-Owned Autos Any One Accident: $1,000,000.00 B. Endorsements Required City of Miami listed as an Additional Insured III. Worker's Compensation Limits of Liability Statutory-State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000.00 for bodily injury caused by an accident, each accident $1,000,000.00 for bodily injury caused by disease, each employee $1,000,000.00 for bodily injury caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $3,000,000.00 Aggregate: $3,000,000.00 City of Miami listed as an additional \nsured Page 30 of61 Invilallon for Bid (IFB) 781382 Excess Follow Form over all applicable liability polities contained herein V. Owners and Contractor's Protective Each Occurrence: $1,000,000.00 General Aggregate: $1,000,000.00 City of Miami listed as named insured VI. Payment and Performance Bond: $Full Value City of fvliami listed as an Obligee VII. Installation Floater (If Applicable) Causes of Loss: All Risk of Direct Physical Damage or Loss Valuation: Replacement Cost The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) calendar days prior to any such cancellation or material change, or in acc()rdance to policy provisiOns. Companies authorized lo do business in the State of Florida. with the following qualifications, shall issue all insurance policies required above: The Company nmst be rated no less than "A-" as to management, and no Jess than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, pu])lished by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by RiskManagement prior to insurance approval. z,1.~)BID.BOND · \ All bids shall be accompanied by an original Bid Bond in the amount offive percent(5%) of the total bid,st.1pmH~ed, to be in the fonn of a.Casliie11's:Check·orMoney ()rder made payable tci·uie City ofMiami;·a bond written by a " Surety Company ~t1tl1Pi~i~~:4·tei· ~Qbll§lrie~s-i~"the St~Le of Florlda and shall comply with State Statute 287.0935. The bond l'roril all~Unsuccessful Bidders, ·rn in the form of a Cashier's Checki; willbe,returt;ied ~ft<fr i:>nt~Wi,,tJ\!, - r 2~li)) S'UdCONTRA€TOR(Sj As part of its bid, the Successful Bidder is required to identify any and all subconlraclprs that will be used in the performance of the proposed contract, as reflected op Niill:htnenL~' -S:iibcoritractors; Successful Bidder shall approximate percentage of work to be performed on this contract for Subconlractor(s), Certificalion(s)/License(s), and the description of the work Lo be done by the Subcontractor. Failure to identity any and all Subcontractors in the bid shall render the bid non-responsive. Page 31 of61 Invitation for Bid (IFB) 781382 The Successful Bidder shall not, al any lime during the tenure of the contract, subcontract any portion or part of the contract to Subcontractor(s) not originally identified in their bid, except under and by virtue of permission granted by the City through the Project Manager. The Successful Bidder shall be fully responsible to.the City for the acts and omissions of the Subcontractor and their employees, as for acts and omissions qJ P,f!l_Sqnsemplpye4~y S_IJQG~ssfa1~E~d,de.i:. ---... .. .._ '.The Workperforthed by"all Stlbfonfractors shaffh;'"~~ m~re th.tit flfte~p~°rt:cilff15%'}:oftl~e tofal\Work for this contract. ·· -_,., ~1 '.' • · ··5 . . { ... -···-----.. ; . . . .. Each bid must be accompamed by three; (3);referenC!;!S for p,roJects completed w1Lhrn the past hve (5) years, as reflected on f\U(l~_h;tp~gfJJ-,..B~f~~e~t-~~ij~fui(faJili'.t).f.mJb}ated in the Header/Attributes Section of this Solicitation. which shall include the name of the_C<:IJ1!Pa_l1Y· ~ates of contract; des~rip~!o11 of.g()o!:ls(s~rvices supplied, a contact person and the telephone numbe1fN,QBDMVILL B_~'.:C~ONSlQEI{JJltWl1HOl1T. 'rHESE tMF~ru;;N~E~,:_ ·~ -. -.. ---- ------ ;2:4-.P>. ~A!~l<QB..ou-w» cuJte>K:s ·1 The Successful Bidder shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statute§ 1012-32. The Jaw requires that before contract personnel are permilled access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior Lo commencement of the project, the Successful Bidder shall provide Level Two (2) background screening results for all employees completing work on park grounds. 2.1.o) TIE BIDS Wheneve1; two (2) or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual servlces, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for proce:;;sing lie IJids will be followed if none of the Lied bidders have a drug-free workplace program. In order Lo have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees U1al the unlawful manufacture, distribution, dispensing, possession, or use of a conlrolled substance is prohibited in the workplace and specifying the action U1al will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintail1ing a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) ln the statement specified in subsecUon (1), notify the employees that, as a condition of working on U1e Page 32 of 61 Invitation for Bid (IFB) 781382 commodities or contractual services Lhal are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo conlendere to, any violation of Chapter 893 or of any controlled substance law of the United Stales or any state, for a violation occurring in the workplace no later than five (5) working days after su.ch conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drng-free workplace through implementation of this section. 2.1.p) METHOD OF PAYMENT Payment will be made within forty-five {45) calendar days, in accordance wiU1 Florida Statutes Sections 218.73 and 218. 74 of the Prompt Payment Act for services rendered the 11revious month, upon submission of properly certified/approved invoices. All such information shall be provided to the City Project Manager. The City will pay the contract price minus any Iiquid<1ted damages and/or olher damages to the Successful Bidder upon completion and acceptance. Damages caused by the Successful Bidder's employees shall be estimated by the City Project Manager and computed actual costs and repairs shall be deducted from the Successful Bidders tot<1l monthly billing. 2.1.q)1~])ITIQNSZD£LE'fIONS OF F~(:Q.;_U11£.S/I..OCATIONS!l1'EMstPRODtJCrfS/SER\ti:C'f;S Although this Solicitation idenlifies specific facilities/Iocations/itel'lis/products to be serviced, it is hereby agreed and understood that any facility/localion/iten1/product/service may be added/deleted to/from Lhis conlract al the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new facilities/locations/items/products/services. If these quotes are comparable with market prices offered for similar facililies/locations/items/products/services, they shall be added to the contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.1.r) PROJECT MANAGER Upon award, Successful Bidder shall report and work direclly with Fabiola Dubuisson, oi· designee, who shall be designated as the Project Manager(s) for the City. 2.1.s) PRIMARY CLIENT (FffiST PRIORITY) The Successful Bidder agrees upon award of this contn1ct that the City shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder limy have with any other cities and/or counties to perform similar services, as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same Lime. Page 33 of61 InviLaUon for Bid (IFB) 781382 A four (4) hour response lime for service calls is required. Failure to respond to a service call within the specified time will resull in the Successful Bidder paying any and all costs associated wiU1 the repairs performed by the Secondary or Tertiary vendors . . .. ,-ccc-:·.·· · ., ...• --~. J ( ~4~~). SUPERVISION Successful Bidder shall keep on the work site al all times, a competent English speaking Supervisor and any necessary assistants, all satisfactory to the Cl!y. The Supervisor shall not be replaced except with the written consent of the City, unless the Supervisor proves to be unsatisfactory Lo Successful Bidder and ceases to be in its employ. The Supervisor shall represent Successful Bidder and all directions given to the Supervisor shall be binding as if given lo Successful Bidder and wlll be confirmed in wriling by the City upon the written request of Successful Bidder. The City shall be provided telephone number(s) and emall(s) for the Supervisor, where the Supervisor can be contacted during regular business hours (Monday -Friday, 8:00 a.m. to 5:00 p.m.), as well as after hours for emergencies. 2.1.v) USE OF PREMISES The Successful Bidder shall confine his/her equipment, apparatus, the storage of lllaterials, arid the operation of his/her workmen to the lin1its indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder shall tal<e all measures necessary to protect his/her own materials. 2.1.w) DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder shall carry out the worl< with such care and methods as riot to result in darnage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the _ Successful Bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged properly promplly within a reasonable length of time (not to exceed one (1) month from date damage was done). 2.1.x) PUBLlC CONVENIENCE AND SAFETY The Successful Bidder shall conduct his/her work so as to interfere as little as possible with private business or public travel. Successful Bidder shall, at his/her own expense, whenever necessary or required, mainlaiil barricades, maintain lights, and take such other precauUons as may be necessary to protect life and property, and he/she shall be liable tor all damages occasioned in any way by his/her actions or neglect or that of his/her agents or employees. The Successful Bidder shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 a.m. and 6:00 p.m. noise levels shall nol exceed 80 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 6:00 p.m. and 7:00 a.m .. but if required, the noise level shall not exceed 65 dBA. Page 34 of61 Invitation for Bid (IFB) 781382 2.1.y) SAFETY MEASURES Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at aH times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. · All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational and in safe operating order. Successful Bidder shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity -work shall cease until it is safe to proceed. 2.1.z) COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shall inspect and approve completed work before auli1orizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder(s) at no additional charge to the City. 2.1.aa) FAILURE TO PERFORM Should ii not be possible to reach the Successful Bidder or Supervisor and/or should remedial action not be taken within forty~eight (48) hours of any failure to perfoi·m according to specifications, the City reserves the right to declare Successful Bidder in defaulL of the contract or make appropriate reductions in the contract payment. \Z,.l~abJ LIQUifiA'l'ED. DAMAC~S Failure to cornplete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment or liquidated damages in the amount of one tenth of one percent (0.1 %) of the total amount of the contract value for each and every calendar day the work remains incomplete (a minimum of one hundred dollars ($100.00) for each and every calendar day the work remains incomplete), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of U1e work. Refer to Section 6-9 of Standard and Specifications for Public Works Projects. The Cily shall have the right to deduct said liquidated damages from any amount due or that may (Jecome due lo Lhe Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the cosls incurred exceed the amount due to the Successful Bidder. 2.1.ac) TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this contract and does not cure the default wilhin thirty (30) calendar days after written notice of defaull, lhe City Manager may lerminate this contract, in whole or in parl, upon written notice without pen()lty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was nol in default or (2) the Successful Bidder's failure to perform js without his/her or his/her subconlraclor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. Page 35 of 61 Invitation for Bid (IFB) 781382 B. FOR CONVENIENCE The City Manager may terminate this contract, in whole or in part, upon ihirty (30) calendar days prior written notice when it is in the best interest of the City of Miami. If this contrac( is fpr supplies, products, equipment, or software, and so terminated for the cmivenience by the City of Miami, the Successful Bidder wlll be compensated in accordance with an agreed upon adjustment of cost. To the extent that this contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the contract for those services rendered prior to lennination. 2.1.ad) ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable Lo this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed IQ the Bidder's acl~nowledg1fient form attests to this. If a Professional Services Agreement (PSA) or other Agreelfienl is provided by the City and Is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vaiy, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable Lo this PSA or Agreement. ~;2. (;~Ql.Wl --Jl:EDERALLY FlfNDED PROJECTS 2.2.a) INTRODUCTION This section applies to all projects funded with federal dollars. Section 2.1 also applies to this Group. Bidders must use Lhe applicable Federal Funded Price Sheet (Attachment G) for this bid when pricing for Group 1. 2.2.b) J..,O<:;A.L PI{EFE~N(;Jl 1; Local Prefe1'.ence does not apply to responses on the Federally Funded Bid Price Sheet for this IFB. 2.2.c). J)~VlS~BACON Act .\ Federally assisted construction contracts must adhere Lo Davis-Bacon Acl wages and benefits rate schedules. Each Bidder shall use the Federal Wages reflected in Wage General Decision Number -FLl 70221 in developing its bid for this project. The selected bidder/contractor shall be reqt1ired to provide certified payroll records documenting the work performed on this project. See Attachment C -Davis Bacon -General Decision Number for Wage Rates. Wage General Decision Number-FU 70260 l 1110/2017 FL221 can be found in lhe Header/Attachment Section under Attachment A. Page 36 of 61 Invitation for Bid (IFB) 781382 1. The Contractor shall comply wilh 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2, The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these claus(:!s in any lower lier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower lier subcontractor with all of these cbntrc1ct clauses. 3. A breach of the contract tlaw;es above may be grounds for termination bf the c()11lact, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. 2.2.e){~(;M°Pi..IANcE·Wlm T.IIE coNTRACT.WoR.KfloUis '&SAFETY s'tJ\N.DAlmS·i\CTJ 1. Overtime Requirements: No Conti·actbr or subcontractor contracting for any part of the contract work which may require or involve the employn1ent of laborers ()r mechanics shall require or permit any such laborer or mech\lnic in any workweek in which he or she is employed on such work lb work iri excess bf forty (40) hours in such workweek unless such laborer or mechanic receives compensation al a rate not less than one and one half limes the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable lo the United States (in case of the wm"k done under contract for the District of Columbia or a territory, Lo such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause sel forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon wrillen request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subconlrnclor under any such contract or any other Federal contract with the same Successful Bidder. or any other federally-assisted contract subject to the Contract Work Hottrs and Safety Standards Act, which is held by the Contractor, such sums as rnay be d<:?termined lo be necessary lo satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (I) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower Lier subcontractor with the clauses set forih in paragraph (1) through (4) of this section 2.2.I) PARTS AT PASS-THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK) All cost for parts required for repair jobs and not othe1wise included in the scope of work shall be billed at the Successful Bidder's actual cost, and will be passed on Lo the City without markup or any additional fees. The Successful Bidder shall submit purchase receipt of parts along with labor invoice for payment. The Successful Bidder shall be responsible for sourcing all parts necessary lo complete the work requirements of each job specification. Replacement parts furnished must be of the sanle manufacturer or an equal product. All Page 37 of 61 Invitation for Bid (IFB) 781382 equipmenl and materials shall be commercial quality and grade, and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. 2.2.g) NOTIFICATION TO PERFORM WORK The Successful Bidder shall notify the Project Manager when an employee is on the property and for what purpose. 2.2.h){~QllAL;EMPLOYMENTOPPORTlJNITY During the performanc::e of this contract, the Contractor agrees as follows: 1. The Conlrattor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, cofor, religion, sex, or national origin. Such action shall include, .but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous plates. availci.ble to employees and applicants for employment, notices lo be provided selling forth the provisions of this nondiscrimination clause. 2. The Corltract9r will, in all solicitations or advertisements for employees placed by or on behalf ot the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or 1iational origin. 3. The Comractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice lo be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Execulive Order 112'16 of Seple111ber 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by wles, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the .event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended ifl whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order fo the Secretary of Labor, or as otherwise provided by law. Page 38 of61 Invitation for Bid (IFB) 781382 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I) through (7) In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant LO section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract Qr purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened wilh, liligatiori with a subcontractor or vendor as a result of suc11 direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interest of the United States. 2.2.i) .(;J;;_E~ ;J\llfACT \ (1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to l11e Clean AlrAct, as amended, 42 U.S.C. § 7401 et seq. (2) The Contractor agrees to report each violation to the City of Miami and tmderstancls and agrees that the City of Miami will. in turn, report each violation as required lo assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees Lo include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 2.2.j}~FEDERALWATE~.P.QLl~lJTl()NCONTROtACT -,1 (1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant Lo the Federal Water Pollution Control Act. as amended, 33 U.S.C. 1251 et seq. (2) The Contractor agrees to report each violation to the City of lvliami and understands and agrees that the City of Miami will. in turn, report each violation as required to assure nolificalion Lo Uie Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The (;ontrc1ctor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 2.2.k) NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject lo any obligation or liabilities to the non-Federal er1lity, Contractor, or any other party pertaining lo any matter resulting from the contract. 2.2.J)\PROGRAMFRAtit>ll\.ND FALSE OR FRAUDULENT STATEMENTS OR RELATED~CIS j The Conlraclor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 2.2.m) DYRDANTI-LOlf~~CL~!VIE~~NT.3'.ilU.S.C. § 1352 (AS AMENDED) Page 39 of 61 Invitation for Bid (IFB) 781382 Bidders who bid for an award of $100,000 or more shall file the required certification. Each lier certifies to the lier above that ii will not and has not used Federal appropriated funds lo pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.§ 1352. Each tier shall also disclose any lobbying with non-Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Please refer to the I-Ieader/Attach1i1ent Section of this solicitation foq~~t~~M\e,pfif~:cE,rtiR~ate Regatdirt~) J.,9bby~, IL is MANDATORY for the Bidders to return this form signed along with their bid. 2.2.n) PROCUREMENT OF RECOVEREO MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items U1iless lhe product cannot be acquired: a) Compelilively within a limeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. (2) Information about this requirement. along with lhe list of EPA-designate items, is available al EPA's Comprehensive Procurement Guidelines web site, htlps://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 2.2.o) DHS SEAL, LOGO, AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 2.2.p) COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund this co!1[ract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and --, directives. / /) (, .t i--O fPfo,t-01 . . 1 1 11ri!W, v 2.2.q) A.C.CESS.TO RECORDS,; ----------.,·.~ i (1) The Contractor agrees to provide the City of Miami,] se Gell (Project Ma~~Mhe FEMA Administrator, the Comptroller General of the United States, or any of their authonze representatives access lo any books, documents, papers, and records of the Contractor which are direclly perlinenl lo this contract for the purposes of making audits, Page 40 of61 Invitation for Bid (IFB) 781382 examinations, excerpts, and lranscriplions; (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excei'pls and transcriptions as reasonably needed; and (3) The Contractor agrees to provide the FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the contract. 2.2.r) SUSPENSION AND DEBARMENT (IN ADDmON TO GENERAL TERM AND CONDITIONS, SEC'J'ION 1.25) (1) This Contract is a covered transaction for purposes of 2 C.F,R. pl. 180 and 2 C.F,R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined al 2 C.F.R. § 180.995), or its affiliates (defined in 2 C.F.R. § 180.905) are excluded (defined al 2 C.F.R. § 180.940) or disqualified (defined al 2 C.F.R. § 180.935). (2) The Contractor 1imsl con1ply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000, subpart C and must include a n'.!quirement Lo comply with these regulations in any lower lier covered transaction it enters loo. (3) This certification is a material representation of fact relied upon by the City of Miami. If iL is later determined that the Contractor did rtol comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available lolhe State of Florida, and the City of Miami, the Federal Government may pursue available remedies; including but not limited lo suspension and/or debarment. (4) The Contractor agrees to comply with Uie requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pl. 3000, subpart C while this offer is valid and U1roughout the period of any Contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. l ~.:l;~oROwP 2·--N6N-FEDEID\VFUN'DED PROJECTS 2.3.a) INTRODUCTION This section applies to all projects that are non-federally funded. Section 2.1 also applies Lo this Group. Bidders must use the applicable Price Sheet (Attachment H) for this bid when pricing for Group 2. c 2.a:b)P.E8FORMANCEBQI~Jl 1 · .\ Within fifteen (15) working days following notice of award by U1e City, the Successful Bidder shall furnish lo the City of Miami, a Performance Bond in the Lola! amount of the annual cost of the award, to the City, which shall be updated annually, for the period of the contract (to be determined at the lime of award). The Performance Bond can be in the form of a Cashier's Check, made payable to the City ofMiami; a bond wrillen by a Surety Company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Leuer of Credit. If the latter is chosen, il must be written on a bank located in Miami-Dade County, be in the amount Page 41 of61 Invitation for Bid (IFB) 781382 of the contract and should clearly and expressly stale that iL cannot be revoked until express written approval has been given by the City. The City, to draw on same, would merely have to give wdtten notice to the bank with a copy to the Successful Bidder. 2.3.c)~CllY~OFMIA~~LmI,N~W~GJ~:,,,QRDINANCE The City of Miami adopted a Living Wage Ordinance for City Se1vice Contracts with a total contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January I, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City f:pde. Se~tion, 18-557, City of Miami Living Wage Ordinance, is attached as1,~t!~~J!o!l!ntE;":J3.ity.:;OfJMiamU .. tring'Wage·, , , ' Ordinance. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Successful Bidder's must pay to alt its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language Is only a summmy of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of lhe City of Miami Living Wage Ordinance. 2.3.d),~OCAIVPltEFERENbE Local Office Preference applies to Group 2, Non~Federally Funded Projects. Page 42 of 61 Invitation for Bid (IFB) 781382 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK This Bid is diyided into two Groups; Group I-Federally Funded Projects: and Group 2-Non-Federally Funded Projects. This Section. Specifications/Scope of Work applies to both Groups. Bidders may respond to one or both Groups. However. Bidders MUST utilize the applicable Price Sheet for each Group if bidding on both. Three responsive and responsible Bidders will be awarded for each Group as Primary: Secondary: and Tertiary. All Responses to this IFB shall be in Hardcopy Format as defined in Section 1.60. Preparation of Responses ffiardcopy Format). and delivered to the Hard Copy Submittal Location on the front cover. The City of Miami ("City") on behalf of the Public Works Department ("Public Works") is soliciting bids for Citywide Sidewalk Repair and Replacement services. The contract ls divided into two (2) groups: Federally Funded /Emergency Services and Non-Federally Funded Services. Bidders may bid one or both groups. The Successful Bidder shall perform removal and disposal of deteriorated, damaged, or unsafe concrete sidewalks and construction of new concrete sidewalks and handicap ramps for the City's ADA program. Upgrade, replacement and repair of concrete curbs, valley gutters and curbs and gutters, and reinstallation of water meter boxes or similar utility structures located in the sidewalk area. Two feet {2') of asphalt pavement restoration for the curb, valley gutter and curb and gutter restoration, and trimming and removal of tree roots, as necessary, in order to prevent future damage to the new concrete sidewalk, driveway or access ramps, concrete curb, valley gutters and curb and gutters. All work to be as specified and/or shown on the Engineering Standards. Sidewalk Replacement Procedure11 The Successful Bidder shall furnish all labor, supervision, materials, vehicles, transportation, equipment, tools, supplies, fuel, and related work required to complete the sidewalk repair and replacement work described below, including concrete removal. All work must be completed in accordance with the contract documents and specifications for Public Work Projects Section 408: 1. Sidewalk replacement consists of sawcut to the nearest joint or marking, five feet (S') intervals, removal and disposal of the concrete sidewalk, compacting the sub base and base, forming, placing the concrete, finishing, marking and applying curing compound all as indicated in Section 408. 2. Remove and dispose of all roots to a depth of twelve inches (12") below the bottom of the sidewalk and prune trees endangered by extensive root pruning (limb pruning shall be accomplished prior to root pruning). All pruning shall be accomplished by an experienced Landscape Contractor or a certified Arborlst. 3. Replace and reset water meter boxes uplifted or broken within sidewalks that are to be replaced. Boxes will be Page 43 of 61 Invitation for Bid {IFB) 781382 supplied by Miami-Dade Water & Sewer Authority. 4. Restore private property, including sod, blocks, bricks, tile, concrete, etc., to transition to the new sidewalk elevation or to repair .damage which occurred during the sidewalk replacement work. 5. Restore all parkways and all sprinkler systems or water connections broken or disturbed during the sidewalk replacement work. 6. Saw cut flags of sidewalk before removal to prevent damage to adjacent flags. 7. Flags of sidewalk that are not Included in this contract for replacement, that are damaged by the Successful Bidder's operation and/or negligence, shall be replaced at the Successful Bidder's expense. 8. Fill all form holes with sand when forms are removed from new sidewalk. 9. Any utilities that are damaged by the Successful Bidder's operation and that were properly located and marked by the respective utility companies, shall be repaired or replaced at the Successful Bidder's expense. 10. The Successful Bidder shall schedule removal of driveway and sidewalk to minimize disruption of property owner's access to his/her property. 11. The amount of open area (where sidewalk has been removed but not repaired) shall be limited to an area less than or equal to the amount of sidewalk the Successful Bidder can pour in three (3) working days. 12. Concrete for driveway sidewalks shall be poured within one (1) day of the existing sidewalk removal. The Successful Bidder may saw, cut and crack existing driveway sidewalk but leave it in place until removal, if the driveway is slill satisfactory for vehicular use. Note: All costs for sidewalk replacement work shall be included in and paid for under the bid item for four inch (4") or six inch (6") sidewalk as listed in the bid and no additional compensation will be allowed. For Task Orders and Hurricane recovery work related to sidewalk, curb, valley gutter, and curb and gutter, the pay items identified in the bid shall be used and the scope of work for each item shall be the same. No additional compensation will be allowed for providing emergency services to the City during Hurricane Recovery work. For concrete sidewalk grinding, Lhe Successful Bidder shall use a grinder in order to remove lhe top concrete portion of the lifted flag and level it In order to provide a smooth transition safe for pedestrian traffic. No dust is allowed while performing this work. Successful Bidder shall provide its own water method to accomplish this work without creating a dust cloud. Page 44 of61 Invitation for Bid (IFB) 781382 Handicap Ramp Procedures The Successful Bidder shall furnish labor, materials and equipment necessary for the removal and disposal of the existing concrete/asphalt handicap ramp, saw cutting the existing sidewalk and/or pavement to facilitate removal of the concrete/asphalt ramp, and installation of the new concrete.handicap ramp as pursuant to Misc. 35-85-22, including reconstruction of a two foot (2') wide strip of pavement adjacent to the new work. No additional compensation will be allowed for a.) extra saw cutting; b.) installation of an approved detectable warning system (yellow tiles); and c.) repafrlng damage to the existing pavement beyond the aforesaid two foot (2') strip. Curb and Gutter Replacement Procedures The Successful Bidder shall include all labor, materials and equipment necessary for the removal of the existing curb or curb and gutter, saw cutting the existing sidewalk and/or pavement to facilitate removal of the concrete and asphalt, installation of the new concrete curb or curb and gutter, and reconstruction of a two foot (2') wide strip of pavement adjacent to the new curb or curb and gutter. No additional compensation will be allowed for extra saw cutting and repairing damage to the existing pavement beyond the aforesaid two foot (2') strip. The construction of concrete sidewalk shall be separate and distinct from the construction of concrete curb or curb and gutter. No monolithic pour on concrete for sidewalk and curb or curb and gutter combined shall be allowed. The work included for Hurricane related curb, sidewalk and curb and gutter damage shall include the sawcultlng of one foot (1 ') away from each side of the damaged section, or to the nearest non-damaged expansion joint, removal and disposal of rubble and materials, tree root trimming, clearing of the base, compacting the base and installing new concrete curb, sidewalk, brick sidewalk, curb and gutter to equal or better condition as before the hurricane damage. No additional compensation will be allowed for hurricane repair damage to the existing sidewalk, curb and curb and gutter. Hurricane related work shall be priced as per bid prices in Attachment G and H -Price Sheet. Bl'kk Sidewalk Subgrade Prior to !he start of construction, the Successful Bidder and Cily Engineer will identify locations for brick replacement. Subgrade for decorative brick sidewalk shall be prepared and finished by the Successful Bidder. All specifications for sidewalk subgrade, as outlined in Division 4, shall apply unless otherwise noted in this section. Remove all roots to a depth of twelve inches (12 ") below the bottom of the sidewalk and prune trees. Trees shall not be endangered by the extensive root pruning (limb pruning shall be accomplished prior to root pruning). All pruning shall be accomplished by an experienced Landscape Contractor. This work shall be included in Item 1 of Attachment G and H -Price Sheet and no additional compensation will be allowed. Brick sidewalk subgrade at driveways shall consist of minimum six inch (6") concrete base to be constructed between high curbs. The fi~lshed brick sidewalk subgrade elevation shall be such that the finished sidewalk shall meet flush with the top of !he curb, existing sidewalk, etc., or approximately three inches (3") below the finished sidewalk grade. No humps or depressions will be allowed due to poor leveling and/or compaction. Sidewalk cross slopes shall be one-quarter inch (114 ") per foot when possible. Cross slopes will vary when restricted by the existing grades. Brick Sidewalk Installation Page 45 of61 Invitation for Bid (IFB) 781382 Prior to the start of construction, the Successful Bidder and City Engineer will identify locations for brick replacement. Exisllng bl'icks shall be carefully removed and reinstalled at areas designated by the City Engineer. New brick pavers of equal type, color, and size dimension shall be installed at the locations where existing removed pavers cannot be salvaged. The preparation of the subgrade for the reinstallation of the existing bricks shall be accomplished by the Successful Bidder. The Successful Bidder shall remove all remaining mortar from the concrete base at all driveways before applying new mortar and reinstalling existing and/or new bricks. Water meter boxes shall be protected during sidewalk removal and reused. Boxes shall be replaced only at the direction of the City Engineer. Restore private property, including sod, blocks, bricks, tile, concrete, etc., to transition with the new sidewalk elevation or to repair damage which occurred during the sidewalk replacement work. The Successful Bidder shall place a leveling mantle of sand (limerock) screenings on the subgrade and screwed to a depth so that after bricks are laid and vibrated or rolled a one and one-half inch (1-1/2") thick sand bed will remain. The brick pavers shall be laid in a running bond pattern perpendicular to the property line and back of curb. Brick pavers shall be carefully placed by hand in straight courses with hand tight joints, not exceeding one-sixteenth inch (1/16") in width and good alignment must be maintained. Bricks shall be laid to line every five (5) courses. Any necessary cutting to flt bricks or maintain the running bond pattern shall be accomplished by using a wet mason saw diamond blade to achieve tight and clean edges. After brick pavers are installed, sweep fine, dry silica sand joint filler into all joints Lo top of pavers and vibrate or roll top surface of paver to obtain perfectly leveltop surface alignment. Brick paver sidewalks shall be constructed to one-quarter inch (Vi'') per foot cross slope when possible. Any broken or uneven brick will not be accepted and shall have to be replaced prior to or after installalion. · Brick paver sidewalk reinstallation shall be paid for at the unit price bid per square foot in the Bid. The price per square foot will be full compensation for all labor, materials, tools, equipment, subgrade, and sand bed and all other work necessary for a complete and acceptable job. New bricks, if necessary, will be paid for at the unit price bid per square foot in Attachment G and H -Price Sheet, only if the existing bricks cannot be salvaged. Pavement Markings All pavement marking shall be thermoplastic. All pavement marking and signage material and method of inslallalion shall conform to the Manual of Uniform Traffic Control Devices. Video Tape and/or Color Pictures -Existing Conditions Before any work can begin, the Successful Bidder shall either video tape or take color pictures of the existing Page 46 of 61 Invitation for Bid (IFB) 781382 conditions of the areas that are adjacent to and affected by the construction activities. If the Successful Bidder elects to video tape the existing site condition, then the following items must be provided with each invoice: a. Clearly audible and spoken in English; b. State each address, location, street or avenue that is affected by the construction activities; and c. Picture quality must be in excellent condition to dearly see visible objects. If the Successful Bidder elects to take digital color pictures or color paper pictures, then the following items must be provided with each invoice. The picture: a. Must have the date embedded into the picture when the picture was taken; b. Must have legible print in English of each address, location, street or avenue and the direction (I.e. North or South) of picture taken; c. Must be maintained in a binder/folder; and d. Quality must be in excellent condition to clearly see visible objects. The cost of pictures or video of the existing conditions of the affected area: and adjacent property shall be considered as incidental to one (1) or more of the bid items, and no additional compensation will be allowed. Construction Schedule Prior to the start of any work, the Successful Bidder and the City Engineer will identify the locations of construction in the field. The Task Work Order of services shall be completed within the indicated duration as specified In Contract Documents and Task Work Orders. Furthermore, the sum of the Task Work Order durations shall not exceed the Contract Duration. For the Contract in which specific sites are not identified at the time of bidding, Public Works w!ll issue a Task Work Order. The Contract may require several Task Work Orders ofwhlch the total sum shall not exceed the contract amount as specified in the Contract Document. The Task Work Order may be issued with the Notice to Proceed. The specific limits and identification of work elements shall be specified in the individual Task Work Order. The Task Work Order w111 identify the priority locations that will have minimum of ten (10) requests outstanding locations at which the Successful Bidder shall respond and begin work. The Successful Bidder shall respond and begin work within five (5) working days is identified in the Task Work Order, upon the receipt of the Task Work Order received in person, by fax, or by certified mail. All work locations will be described with direct address or streets and avenue that will allow the Successful Bidder to proceed immediately to the location with minimum delay. Public Works wlll make every reasonable effort to plan work locations and develop Task Work Order documents In systematic and concentrated regions as to minimize the Successful Bidder's travel requirements. Responsibility of the Successful Bidder Page 47 of61 Invitation for Bid (IFB) 781382 The Successful Bidder shall schedule the work in such a manner and provide the proper supervision so as to cause minimtpn conflict or delay to the work of utility companies working within the area. The Successful Bidder shall be responsible for any delay in time and/or damage to existing structures, foundations, utilities, or other existing features because of omission or neglect by himself or his employees. Any property damaged by the Successful Bidder's operations shall be replaced to its original condition, at no extra cost to the City. Public Works wlll be the mediator in all such cases wherein the Successful Biddei· or the utility companies are in dispute concerning lost time or property damages. Successful Bidder shall abide by these judgments and decisions In all cases. If the Successful Bidder's performance of the Contract is delayed by acts of the City or other subcontractors, suppliers and contractors, material men, architects and/or engineers, the Successful Bidder may request an extension of time from the City, in writing, within twenty (20) calendar days of the event by which the delay occurred, but the Successful Bidder shall not be entit1ed to an increase in the contract price or claims or damages, because of the delay or because of any acceleration in its work. Until Public Works' acceptance of the work, take charge and custody of the work, and take every necessary precaution against injury or damage to the work by the action of the elements or from any other cause whatsoever, arising either from the execution or from the nonexecution of the work. Rebuild, repair, restore, and make good, without additional expense to Public Works, all injury or damage to any portion of the work occasioned by and of the above cause before its completion and acceptance, except that in case of extensive or catastrophic damage, Public Works may, at its discretion, reimburse the Successful Bidder for the repair of such damage due to unforeseeable causes beyond the control of and without the fault or negligence of the Successful Bidder, including but not restricted to Acts of God, of the public enemy, or of governmental authorities. Underground Utilities Notification Center The Successful Bidder is hereby alerted that underground utilities exist in the vicinity of the proposed work and that the Successful Bidder should notify the Sunshine State One Call of Florida for utility location before excavation at their toll free number 1-800-432-4770 at least forty-eight (48) hours prior to digging, for utilities verification in the field. In addition, the Successful Bidder shall also notify the Florida Power & Light Company for verification of their utilities. Existing Underground Structures The Successful Bidder must contact the various utility companies to obtain the location of the existing underground utilities prior to beginning any excavation work. Caution shall be exercised by the Successful Bidder in grading operations as some existing underground utilities have a minimum cover. The Successful Bidder shall be responsible for replacing any underground facility broken or dislocated during construction for which sufficient underground information has been provided by the utility companies. Any sanitary sewer lines, laterals or storm sewer lines damaged during sidewalk construction shall be repaired at the Successful Bidder's expense. Asphalt Prime Coat Coyer Sand Cover sand for lime rock base prime coat shall be hot asphalt coated prior to application. Asphaltic Concrete Design Mix Page 48 of 61 Invitation for Bid (IFB) 781382 The Asphaltic concrete surface course shall be one inch (1 ") thick, Type "S-III", as submitted by the local asphalt suppliers and approved by the City Engineer. Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of Transportation Specifications for Type "S-III", Asphaltic Concrete, Section 331-1 through Section 331-5. All new design mixes shall be submitted to Public Works for approval by the City Engineer. Clean-up of Construction Area Upon completion of construction, the project site shall be cleaned to the satisfaction of the City Engineer. All trash and other construction debris shall be removed from the job site, at no additional expense to the City. Dust Prevention The Successful Bidder is alerted to Division 4 -Construction Methods, Section 400-11 pertaining to Dust Prevention. The City strictly enforces environmental regulations to a greater degree than on past projects, and if necessary, will limit the number of manhole sections constructed prior to resurfacing and for any approved sidewalk grinding. The City Engine~r shall have the authority to require the Successful Bidder to remove the dust from the street by mechanical means after the temporary patch has been placed, increase the frequency of water spraying and reroute equipment bringing in backfill and/or removing excess material or supplies necessary for construction. Successful Bidder is to provide its own water for dust control. Discharge of Excavation Waste Water. Erosion and Sediment Control for Construction Sites The Successful Bidder is hereby alerted that strict compliance with Public Works Bulletin No. 25, City Ordinance 13081 and any corresponding Engineering Standards are required for this project. This bulletin establishes rules, regulations and requirements for discharge originated from construction sites or resulting from construction activities. Defacing of New and Existing Concrete and Pavement It shall be the Successful Bidder's responsibility to preserve the condition of existing and newly constructed concrete sidewalk, curb and/or gutter and pavement. Any damaged pavement or concrete defaced with sticks, nails, footprints, etc., shall be replaced at the Successful Bidder's expense. Storage Area There is no CHy property in this area available for use as a storage yard for this improvement. The Successful Bidder shall provide his own storage site. Adjustments Behind Property Lines Adjustments to approach walks and driveways on private property shall be made at a slope no greater than 1:12. Adjustments to existing ground on private properly shall be sodded and made at a slope no greater than 1 :3. All Page 49 of61 Invitation for Bid (IFB) 781382 adjustments of driveways and walks shall be of a matching type. All costs for adjustments on private property shall be included in Items 1 and 2 and no additional compensation will be allowed. ~ The Successful Bidder is alerted that the State of Florida has adopted the "Trench Safety Act" for the purpose of Incorporating current OSHA trench safety standards into municipal construction projects. The basic safety requirements are as follows: 1. Excavating and Trenching: a. Before opening any excavation, efforts shall be made (including utility company contact) to determine if there are underground utility installations In the area, and they shall be located and supported during the excavation operations. b. The walls and faces of trenches five feet (5') or more deep and all excavations in which employees are exposed to danger from moving ground or cave-in shall be guarded by a shoring system, sloping of the ground, or some other equivalent means. c. In excavations where employees may be required to enter, materials shall be effectively stored and retained at least two feet (2') or more from the edge of the excavation. d. Daily inspections of excavations shall be made by a competent person. If evidence of possible cave-ins or slides is apparent, all work in the excavation shall cease until the necessary precautions have been taken to safoguard the employees. e. Trenches four feet (4') deep or more shall have an adequate means of exit such as ladders or steps, located so as to require no more than twenty-five feet (25') of lateral travel. 2. Head Protection: a. Head protection equipment (helmets) shall be worn in areas where there is a possible danger of head injuries from impact, flying objects or electrical shock and burns. b. Helmets for protection against impact and penetration of falling and flying objects shall meet the requirements of ANSI 289.1-1969. c. Helmets for protection against electrical shock and burns shall meet the requirements of ANSI Z89.2-1971. A separate bid item for the cost of compliance with the Trench Safety Act has not been included in the bid for this project. However, the cost of compliance shall be included in other portions of the work and no additional compensation will be allowed. Qualitv Assurance The Successful Bidder, subcontractor(s), or any of their employees engaged in any type of landscaping installation, care or maintenance must be directed and supervised by a certified Landscape Contractor. This will require a landscape professional or a competent superintendent (in the field at all times). Page 50 of 61 Invitation for Bid {IFB) 781382 Environmental Protection Successful Bidder shall comply with Chapter 17, Environmental Preservation of Miami City Code, and City Ordinances 12636 and 13081. Any violation of this Code and the Successful Bidder will be sole responsible for the damages and no additional charges will be allowed. Code Compliance All Work shall comply with the South Florida Building Code, City of Miami, and Miami-Dade County Code. Successful Bidder shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act as well as any other requirements specified in the Contract Documents. Permits The Department of Public Works will Issue a "no-fee" excavation permit for this Project. The Successful Bidder will be required to obtain the "no-fee" excavation permit from the Roadway/Plans Development Section of Public Works prior to the start of any construction, as well as a Road Closure and a Landscaping permit. Root Guard Shade trees planted within the public right-of-way and within close proximity of sidewalks or curbs will require root barriers, i.e., sections of metal pipe or root deflectors under the product name of "Root Solutions", or approved equal. This item will be Installed at the discretion of the City Engineer at citywide locations. Construction Signs The signs shall be constructed of 4'x8'x3/4" exterior plywood, suitably mounted, and readable at eye level. The colors to be used are white and blue. Specifically, the background shall be white; all lettering shall be blue Helvetica. All paints sli.all be rated outdoor enamel. The "City of Miami" seal wlll be supplied by Public Works in decal form. The cost of these signs shall be considered as incidental to one (1) or more of the bid items and no additional compensation will be allowed. The location of the signs shall be present at each work area for public information and placement must be coordinated with City Engineer. Access to Residences and Business Establishments During construction of the improvement, safe access shall be provided by the Successful Bidder lo the entrance of all residences and business establishments. Methods to be used shall be determined by the Successful Bidder with the approval of the City Engineer. Deliveries and loading to each business must be provided at all times, including convenient customer pick up and the ability to allow delivery access by trolley, hand truck or other wheeled delivery system. Method of Measurement The Successful Bidder shall measure all work completed under the contract in accordance with the United States Page 51 of 61 Invitation for Bid (IFB) 781382 Measurements. The Successful Bidder shall provide to Public Works, each Payment Request with back up documentation of quantity calculations on a dally basis with the following stipulations; a. Must show project number and project name; b. Must show each bid item number, bid item description, location or address and bid item unit; c. Must show the daily of in-place quantity calculation of each bid item; d. Must show the daily and monthly summation of each bid item quantity; and e. Hurricane related work must be submitted on a separate invoice. Payment Request General: Except as otherwise indicated, the official monthly progress payment invoice must be submitted by 25th day of each month. Prior to submitting official copies of monthly progress payment invoices, the Successful Bidder, the City Inspector, and the City Resident Engineer must come to agreed quantities, prices, and total amount invoiced for the monthly progress payment. Each invoice must be accompanied with Successful Bidder's video tape/photograph of before and after conditions. The official monthly progress payment invoice must have the proper back up documentation and quantity calculations. Each application must be consistent with previous applications and payments. Once the official monthly progress invoices are submitted, allow Public Works forty-five (45) calendar days for review, verification, and processing of the payment invoice as per Florida State Statute 218.70-218.80. However, if the official monthly progess Invoices need correction due to errors, the calendar days may be longer than forty-five (45) days. The official monthly pay request on all Public Works contracts shall submit in TRIPLICATE, signed by the Firm. Lump Sum items require breakdown of work acceptable to Public Works. Payment Application Forms: AIA Documents G702 and G703 Continuation Sheets or Equivalent in Form and content will be acceptable. Payment Item Specification Details Any work not specifically mentioned in the payment Items listed on Attachment B -Price Sheet, but indicated on the Plans and/or Specifications, shall be considered as incidental to one (1) or more of the payment Items, and no claim for additional compensation will be allowed. Page 52 of 61 Invitation for Bid (IFB) 781382 Item 23: Special Provisions-To provide a fund for contingent work described below, the Successful Bidder shall include in the bid the Cash Allowance Sum of Fifty Thousand Dollars ($50,000.00). These funds shall be used to pay for the following, when not provided for in the Specifications or in another Item of the bid. a. The necessary adjustments or relocation of Miami-Dade owned water mains only as directed by the City Engineer; b. The adjustments, removal or reconstruction of any Cily-owned structures not specifically mentioned in the Specifications; c. Other unforeseen surface or underground adjustments or additional work not included in the Specifications; and d. Uniformed Police. The amount of such construction adjustments, services and/or work are estimates only and shall be done only as directed by the City Engineer, who shall approve all charges which will be paid for from the respective portion of the Special Provision for Special Items. Any portion of said Allowance not used will be withheld from Contract Payments. 3.2. PLANTING The Successful Bidder shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. Scheduling of Work The work shall be as coordinated with other contractors as to prevent any conflicts as to scheduling with others. Personnel All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman, who is to be available at the jobsite during the course of the work. Protection of Utilities and Structures Prior to the preparation of planting areas or plant pits, the Successful Bidder shall ascertain the location of all electrical cables, all conduits, all utility Hnes, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any subsurface improvements. In the event any are uncovered, the Successful Bidder shall promptly notify the City Engineer, who shall arrange to relocate the plant material, if possible. The Successful Bidder shall be responsible for any damage to utilities and structures and shall properly maintain the protection of . same. Clean Up If the Successful Bidder fails to clean up, the City may do so and the cost thereof shall be charged to ·the Successful Bidder. Page 53 of 61 Invitation for Bid (IFB) 781382 Submittals 1. Unit Prices: The unit prices bid will serve as the basis for any required addition or deletion to the Contract. 2. Materials: Submit four (4) samples each, with corresponding certificates of compliance from the product manufacturer or supplier for planting soil, fertilizer {analysis card), mulch, galvanized steel banding, turn buckles, guy wires and painted sample of wood braces. Submit these within thirty (30) calendar days after award of Contract. 3. Schedule: A detailed sequence of planting shall be submitted to the City by the Successful Bidder. Submit revised schedule when departure from same is necessary. 4. Maintenance Guidelines: Submit detailed maintenance guidelines covering fertilization, watering, spraying, trimming, mulching, and any other pertinent issues related to landscape work required to enslU'e viability of plant material. Submit maintenance guidelines sixty (60) calendar days after award of Contract for review by the City or his representatives. Materials I. Common Fertilizer: a. Shall be delivered to the site in the original unopened containers, each bearing the manufacturer's analysis. b. Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC FLORIDA EAST COAST FERTILIZER & CHEMICAL, unless noted otherwise, or equal. 2. Planl Material: a. Words "Plant Materials" or "Plants" refer to and include lrees, palms, shrubs, and·groundcovers. b. Plant species shall conform to those indicated on the drawings and in these Specifications. c. Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests, or their eggs and shall have healthy normal root systems. Plants shall be nursery grown slack, except for site transplanted material or freshly dug, balled and burlap plants. d. All plants shall have been lransplanted or root pruned at least once in the three (3) years previous to contract date. Root bound container plants will not be accepted. e. Collected palms shall be heeled in tiw nursery for no less than three (3) months prior to final planting. f, All plant material not otherwise specified as being Florida Fancy of Specimen shall be Florida No. 1 or better quality graded in accordance with "Grades and Standards for Nursery Plants" published by the State of Florida Department of Agriculture. g. Caliper measurement, height measurement, height relation to caliper, spread, bare root and ball dimensions, number of canes, types of vines and ground covers, etc., shall conform to the applicable standards given in "USA Standard for Nursery Stock 260.1 ",sponsored by the "American Association of Nurserymen, Inc.". h. Plants specified shall be used, substitutes will not be allowed unless sufficient evidence ls submitted in writing. indlcatlng plant unavailability. The Successful Bidder is to submit suggested listing of substitutes Page 54 of61 Invitation for Bid (IFB) 781382 for review and comment by the City Engineer. No substitutions shall be made unless approved in writing. Said ~ubstitutes shall be submitted no less than five (5) working days after Award of Contract. i. Any materials and/or work may be rejected if; in the opinion of the City Engineer such does not meet the requirements of these Specifications. All rejected materials shall be promptly removed from the site by the Successful Bidder at his expense. j. Plants existing on the site and transplanted by the Successful Bidder shall be subject to Successful Bidder's Guarantee. k. Plants used where symmetry is required shall be matched as nearly as possible. The Successful Bidder shall tag all trees and palms at the nursery for review by the City Engineer. The tagging for review shall be made no less than forty five (45) calendar days prior to the projected installation date. All material shall be clearly identified by the use of colored vinyl tapes. The Successful Bidder shall tag ten percent (10%) more than the quantities required and give five {5) working days notice minimum prior to nursery visit. 3. Soil Moist Polymers: Provide Soil Moist acrylic copolymers at the rate specified in 2B.03.IIl.F to each planting pit/tree or palm planting location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305) 247-1521. 4. Planting Soil: 50% Muck 50% Coarse Silica Sand 5. Mulch shall be Cypress Mulch Grade "A" delivered to the site in sealed and marked bags or approved equal. Any deviation shall be approved by the City Engineer. Execution 1. Shipment and Delivery: a. The Successful Bidder shall notify the City Engineer forty-eight ( 48) hours in advance, when plant material is to be delivered. b. Plant material shall be protected from weather, adequately packed to prevent breakage and drying out during transit. c, Plants shall not be planted onjob until they have been inspected at receiving site, and accepted by the Cily Engineer. Plants which do not meet specifications for quality herein stated, or plants that show improper handling, or arrive on site in an unsatisfactory condition shall be rejected. Rejected plants shall immediately be removed, disposed of by the Successful Bidder and approved nursery stock of like variety, size and age shall be replaced by him without additional compensation. d. Final acceptance of plant material will be given only after material is planted and after meeting requirements prescribed herein. 2. Guying and Staking: a. All guying and staking shall be indicated in the Specifications. Page 55 of61 . Invitation for Bid (IFB) 781382 b. It shall be the Successful Eidder' s responsibility to prevent plants from falling of being blown over, to restraighten and replace all plants which are damage. Plants blown over by high winds shall not be cause for additional expense to the City, but shall be the responsibility of the Successful Bidder. Damaged plants shall be replaced by the Successful Bidder at no additional expense to the City, except the Successful Bidder shall not be held responsible for the loss or death of any tree, shmb or plant, after being properly planted, as a result of hall storms, lighting, flood, fire or other acts of providence beyond his control. 3. Planting of Trees and Palms: a. Except as otherwise specified, the Successful Bidder's work shall conform to accepted horticultural practices as used in the trade. b. Plants shall be protected upon arrival at the site by being thoroughly watered and properly maintained until planted. Plants shall be planted within twenty-four {24) hours after arriving at site. At all times, workmanlike methods customarily in good horticultural practice shall be exercised. c. Before digging holes or beds, the location and/or arrangement of the planting shall be staked by the Successful Bidder and accepted by the City Engineer. The staking should be ready for inspection at least FIVE (5) working days prior to the projected planting date. The stakes shall be #7 Rebar, at least eighteen inches (18") in length and painted with bright red paint. d. The existence and location of underground utilities if shown on the plans are not guaranteed and shaH be investigated and verified in the field by the vicinity of existing structures and utilities shall be carefully done. The Successful Bidder shall be held responsible for any damage to, and for maintenance and protections for existing utilities and structures. e. All circular pits with vertical sides shall be excavated to sizes and depth as shown in the Specifications (Misc. 17-293-4) and backfilled with planting soil. The Successful Bidder shall tesl fill all tree/palm pils with water before planting to assure proper drainage and that percolation is available. Pits which are found not to be adequately draining shall be backfilled with coarse gravel or crushed rock. No allowances will be made for lost plants due to improper drainage. f. Backfill with the specified planting soil mix and incorporate a minimum six (6) ounces to nine (9) ounces of Soil Moist acrylic copolymers evenly spread around and adjacent to the rootball mid-way in depth. The final level of the ground and that of the sod shall conform to the surrounding grade. g. The plants shall be set on prepared planting soil backfill brought to a height permitting planting at the same depth lhe plants grew In the nursery. Upright plants shall be kept in a vertical position. All plants shall be handled by earthy ball only. Handling by the plant itself will be caused for rejection of such plants. h. After placing the plant in the pit, the backfill shall be watered and firmly tampered to ensure backfill mixture in and about all the roots. All backflll mixture shall be such that no plants will settle lower than the depth indicated on the drawings. i. After filling half way on the earth ball, the burlap shall be loosened and laid back off the top of the ball, or if too bulky, cut away and removed, after which the balance of the pit shall l;le backfilled and tamped. j. All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance. The Successful Bidder shall provide the means where water lines are not available. Page 56 of61 Invitation for Bid (IFB) 781382 k. Apply fertilizer to planting beds and saucer areas as follows: Trees: One (1) pound per inch trnnk diameter. Spread fertilizer evenly about the base. Thoroughly water plants before and after fertilization then mulch. I. Three inches (3") of mulch shall be placed between and around all plant material within twenty-four (24) hours after any planting. For individual plants, the mulch shall be spread to cover the saucer area. When in place, the mulch is to be watered thoroughly. m. Pruning shall be done at the time of planting and with due regarded to the natural form and growth characteristics of each species. All cuts over one-half Inch (%) diameter shall be painted with an acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted. n. During the course of planting, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all structures and plants. When planting in an area that has been completed, the area shall be thoroughly cleaned up. 4. Maintenance Prior to Inspection for Acceptance: a. Maintenance shall begin immediately after each plant is planted and shall continue throughout the course of operations on the site. Plants shall be watered by hose soaking thoroughly each day for the first two (2} weeks (14 calendar days) and every other day for the following two (2) week period. Soaking then shall continue on a twice weekly basis for another period of three weeks, amounting to a total of forty-five ( 45) days after Installation. At the end of this hose soaking period, earth saucers shall be collapsed leaving the guying and/or staking in place, in accordance with these specifications. b. Plant maintenance shall include watering, pruning, spaying, dusting, weeding, cultivating, mulching, tightening, staking, fertilizing and repairing of braces and guys, replacement of sick or dead plants, resetting plants to proper grades or upright position and restoration of the planting saucer, and all other care needed for the planting saucer, and all other care needed for proper growth of the plants. All trees and palms shall be watered by hand hosing as follows: once a day for the first three (3) weeks after planting and three (3) times per week thereafter, until inspection for acceptance. c, Spraying and Dusting: During the maintenance period and up the issuance of certificate of final acceptance, the Successful Bidder shall do all seasonal spraying and/or dusting of plant material. The materials and methods shall be in accordance with highest standard nursery practices and in accordance with all regulatory agencies havingjurlsdiction. d. Protection: Planting areas and plants shall be protected against trespassing and damage. If any plants become damaged or injured, they shall be treated or replaced as directed. No work shall be done within or over planting areas or adjacent to plants without proper safeguards and protection. e. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with topsoil, tamping and re-fertilizing by the Successful Bidder, at the Successful Bidder's expense, if such damage occurs prior to acceptance by the City Engineer. 5. Inspection for Acceptance: a. Upon completion of all planting, an inspection for acceptance of work will be held. The Successful Bidder shall noti(y the City Engineer for scheduling of the inspection five (5) working days prior to the anticipated inspection date. Partially completed portions will not be inspected. Page 57 of61 Invitation for Bid (IFB) 781382 It ls the Successful Bidder's responsibility to ensure that the work is completed and ready for inspection before calling for same. b, At the time of acceptance for inspection, if the materials are in whole or in substantially acceptance, a written notice will be given by City Engineer that the guarantee period begins from the date of the inspection. c. In case substantial numbers of plants are sick or dead at the time of inspection, acceptance will not be granted and the Successful Bidder's responsibility for maintenance of all the plants shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new plants and shall be planted in the same manner. Said replacements are to be made within five (5) working days of said inspection. d. After the inspection for acceptance is made and the work is found to be acceptable, the Successful Bidder shall continue to hand water all trees and palms three times a week for four (4) weeks. 6. Plant Guarantee and Replacement: a. Guarantee: All plant materials including site relocated material shall be guaranteed for a period of one (1) year after the date of inspection for acceptance. All plant materials shall be alive and in satisfactory growth at the end of the guarantee period. b, Replacements: During the guarantee period, there shall be monthly inspections between the Successful Bidder and the City or his representative to ascertain the viability of the plant material. Any plant that is missing; dead or fails to become established due to Successful Bidder's negligence shall be replaced at no cost to the Owner within ten (10) working days after the monthly inspection. At the end of the guarantee period, the Successful Bidder shall notify the City that the project is ready for final inspection. Any plant that is not alive or falls to show satisfactory growth or ls missing due to Successful Bidder's negligence will be removed and replaced at no cost to the Owner. All replacement after the final inspection shall carry a six (6) month replacement guarantee. Replacements shall be made within ten (10) working days after final inspection. c. Materials and Operations: All replacements shall be plants of the same kind and size specified in the Plant Schedule. They shall be furnished and planted as specified with the cost borne by the Successful Bidder. Please refer to the attached plant schedule. 3.3. SODDING The Successful Bidder shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. Scheduling of Work The workshall be as coordinated with other contractors as to prevent any conflicts in scheduling with others. Personnel All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman. Page 58 of61 Invilatlon for Bid (IFB) 781382 Protection of Utilities and Structures Prior to the preparation of sodding areas, the Successful Bidder shall ascertain the location of all electrical cables. All conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any surface Improvements. The Successful Bidder shall be responsible for any damage to utilities and struclures and shall properly maintain the protection of same. Clean Up The Successful Bidder at all times shall keep the premises free form accumulation of waste materials or rubbish caused by his operations. At the complelion of the work, he shall remove all waste materials and rubbish from the project site as well as all his tools, construction equipment, machinery and surplus materials and shall clean all surfaces and leave the project site "broom clean". If the Successful Bidder fails to clean up, the Owner may do so and the cost thereof shall be charged to the Successful Bidder. Submittals Submit samples of planting soil blanket mix and four (4) samples each of the Certificates of Compliance, fertilizer analysis tags, and sod certification. Provide said submittals thirty (30) calendar days after Award of Contract. Materials 1. Soil Blanket: As supplied by MORRIS MAGIC SOIL or equal. Soll shall be 40% everglades peat and 60% fine lawn sand thoroughly mixed. No site mixing shall be allowed. 2. Common Fertilizer: Mix #2024 (10.8.6) as supplied by ATLANTIC FLORIDA EAST COAST FERTILIZER & CHEMICAL. or equal. Fertilizer shall be delivered to site in unopened containers which shall bear manufacturer's guaranteed slatemenl of analysis or a manufacturer's Certificate of Compliance covering analysis. Furnish guarantee slatement of certificale of compliance to Lhe Owner or his representatives. 3. Sod: a. Sod shall be St. Augustine Grass (Floralam) Solid Sod. b. All sod shall be of firm lexture, having a compacted growth and good root development. Sod shall contain no weeds or objection vegetation, and be free from fungus, vermin or diseases. Before being cut and lifted, sod shall be mowed three (3) times with the final mowing not mote than a week before cutting into uniform dimensions. Certifications as to type of grass and other requirements shall be made and submitted to the Owner or his representative. 4. Sand: Provide clean, fine sand. 5. Water: The Successful Bidder ls responsible for providing water even if none is available on the site. Execution Page 59 of 61 Invitation for Bid (IFB) 781382 1. General: Fine grades all lawn and planting areas. 2. Sodding: Under this section, the Successful Bidder shall perform the preparation of the areas lo be sodded as herein specified. a. The Successful Bidder shall remove all existing grasses and weeds from the areas to be sodded. The Successful Bidder shall smooth out all areas to establish an even grade for sod planting. All areas shall be graded to drain. b. Remove all rock or foreign material one Inch or greater in diameter and lay two inches (2 "} of soil blanket uniformly and thoroughly incorporated into top most four inches (4") of soil. c. Surface shall be rolled to achieve a smooth, even shape and grade. During the rolling, all depressions caused by settlement or rolling shall be filled with by additional topsoil and the surface shall be regraded and rolled until presenting a smooth and even finish. d. The Successful Bidder should call for an insp.ection for approval of graded areas prior to sodding. e. Water the soil twenty-four (24) hours prior to sodding. f. Sod panels shall be laid tightly together with staggered joints so as to make a solid lawn area. Immediately following sod laying, the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered immediately. During delivery, prior to and during the planting of the lawn area, the sod panels shall at all times be properly protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting, so as not to be damaged by sweating or excessive heat and moisture. g. After sod has been planted and rolled, thoroughly water and fertilize at lhe rate of ten (1 O) pounds per one thousand (1,000) square feet of area. Thoroughly water all sodded areas. h. The finished level of sod areas after rolling and tamping shall be one half inch (l/z) below the top of abutting paved areas. · i. During the sodding operations, excess and waste materials shall be removed dally. All reasonable precautions shall be taken to avoid damage to all structures and plants. When sodding in an area has been completed, the area shall be thoroughly cleaned up. 3. Maintenance Prior to Inspection for Acceptance: Maintenance shall begin immediately after sodding is executed and shall continue in accordance with the following requirements: a. The Successful Bidder shall be held responsible for maintenance of sodded areas, including watering, spraying, weeding, mowing and replanting as necessary to establish a uniform stand of the specific grass and until acceptance. After the grass has started, all areas and parts of areas which fail to show a uniform stand of grass, for any reason whatsoever, shall be replanted, repeatedly if necessary, until all sodded areas are covered with satisfactory growth of grass. b. Sodded areas shall be protected against trespassing damage. If any sod becomes damaged or injured, it shall be replaced as directed. No work shall be done within or over sodded areas without proper safeguards and protection. c. Watering of all non-irrigated sodded areas shall be done from a watering truck, no temporary irrigation heads will be allowed. All sodded areas are to be watered to provide at least one inch (1 ") of water per week in biweekly applications. Watering is to continue until inspection for acceptance is made and approved by Public Works. All watering is to be done in the presence of Public Works or his Page 60 of 61 Invitation for Bid (IFB) 781382 representative. d. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with lawn sand, tamping, re-fertilizing and re-sodding by the Successful Bidder at his expense if such damage occurs prior to acceptance. 4. Inspection for Acceptance: a. Upon completion of all sodding operations, an inspection for acceptance of work will be held. The Successful Bidder shall notify Public Works for scheduling of the inspection ten (10) working days prior to the anticipated inspection date. b. At the time of acceptance inspection, If the materials are in whole 01· in substantially acceptance, a written notice will be given by Public Works or his representative to the Successful Bidder that the guarantee period begins from date of inspection. c. In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not be granted and the Successful Bidder's responsibility for maintenance of all the sodded areas shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new sod and shall be planted in the same manner. 5. Sod Guarantee and Replacement: a. Guarantee: Sod shall be guaranteed for a period of ninety (90) calendar days after the date of inspection for acceptance under Paragraph IV of this Section, and shall be alive and in satisfactory growth at the end of the guarantee period. b. Replacement: During the guarantee period Public Works and the Successful Bidder shall schedule monthly inspections. Any sod that is dead or not in satisfactory condition shall be replaced within ten (10) working days of the inspection. At the end of the guarantee period a final inspection will be held, the Successful Bidder shall then proceed to replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90) calendar days replacement guarantee. c. All non-irrigated sodded areas shall be watered as described under 2B.03.III.C for four (4) weeks after the inspection for acceptance. All watering to be done in the presence of Public Works or his representative. d. Materials and Operations: All replacements shall be sod of the same kind as specified in these Specifications. It shall be furnished and planted as specified with the cost borne by the Successful Bidder at no additional cost to Public Works. 6. Maintenance Guidelines: The Successful Bidder shall supply Public Works with a detailed maintenance schedule for all sodded areas thirty (30) calendar days after Award of Contract. Page 61of61 Title: !FBNo.: ~~~~~~~~~~~~~~~~~~~ list of Subcontractors Completion of Form This form is initially to be completed and submitted with the IFB, listing all Subcontractors to be used under this Contract. This form is to be updated after award of the Contract as additional Subcontractors are added or changed. Submit additional pages as neceassary. Name of Firm Address Scope of Work Licenses Value of 0/o of Work Work Note: 1. The work perfonned by Subcontractor(s) listed cannot equal more than fiftenn percent {15%) of the total work for the Contract. 2. The foregoing list of Subcontractors may not be amended after award of the Contract without the prior written approval of the City's Project Manager identified in the Solicitation, whose approval will not be unreasonabley withheld. Name of Proposer. Date: Name of Individual Completing Form: Signature: ~~~~~~~~~~~~~~~- Reference Section 2.13 " IFB 781382 Citywide Sidewalk Repair and Replace Attachment B: Reference Submittal Form FIRM NAME: _________________ _ Summarized Requirements: Refer to the details in Section 2 Special Conditions, (Paragraph 2.13 References} to verify that the Information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Comoanv/Oraanization Name: Address: Contact Person: Contact Phone Number and Email: ·-· Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): Past Performance Reference Check #2 ,_ ComQan:t/Organization Name: ~dress: Contact Person: -- Contact Phone Number and Email: ._ ..... -....... - Contact E-mail (if aw]9able): Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): Past Performance Reference Check #3 Company/On:ianization Name: Address: ....... ~•MMO ______ , .. ,, -- Contact Person: ............. Contact Phone Number and Email: Contact E~maH (if aoolicable}: Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value .. of Contract, etc.): -.. -- 1 General Decision Number: FL180221 01/05/2018 FL221 Superseded General Decision Number: FL20170221 State: Flo.rida Construction Type: Highway County: Miami-Dade County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EOJ 13658, an hourly minimum wage of $10. 35 fox: calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. IE this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this ~1age determination, if it is higher) for all hou.r.s spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjllsted annually. Please note that this EO applies to t.he above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.l(a) (2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www, clol. gov/whd/govcontracts. Modificat.ion Number 0 Publication Date 01/05/2018 • ELEC0349-002 02/27/2017 Rates ELECTRICIAN ..•......•. , .•... , .. , , $ 32 .11 SUFL2013-039 08/19/2013 Rates CARPENTER ••.•••••••••• , •.•••••••• $ 17, 84 CEMENT MASON/CONCRETE FINISHER, Includes Form Work ...•. $ 15. 4 9 FENCE ERECTOR ••• ,, •• , •• ,, ••. ,, .• ,$ 12. 82 HIGHW.1\Y I PARKING LOT STRIPING: Operator {Striping Machine) .... ,$ 15.07 HIGHWAY/PARKING LOT STRIPING: Painter ............... , ...... , ... $ 12 .13 Fringes ll.80 Fringes o.oo o.oo o.oo o.oo o.oo HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) ......•. $ 11.16 INSTALLER -GUARDRAIL ............ $ 13. tJ3 IRONWORKER, ORNAMENTAL ••• , ••.•••• $ 13. 4 8 IRONWORKER, REINFORCING .......... $ 18.43 IRONWORKER, STRUCTURAL ... , ....... $ 16.42 LABORER (Traffic Control Specialist incl. placing of cones/barricades/barrels - Setter, Mover:, Sweeper) ....•••. ,.$ 11.59 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ...................... $ 12.31 LABORER: Common or General •..... $ 10.69 J,ABORER: f'lagger .........•...... $ 12. 53 LABORER: Grade Checker .......... $ 12.41 LABORER: Landscape & Irrigation .•.......... , .......... $ 9.02 LABORER: Mason Tender - Cement/Concrete .................. $ 13. 91 LABORER: P.lpelayer .............. $ 15.02 OPERATOR: Backhoe/Excavator/Tr-ackhoe ....... $ 16.24 OP8RATOR: Bobcat/Skid Steer/Skid Loader ............ , ... $ 12.88 OPERATOR: Boom .. , .•.....•••.•.•• $ 18. 95 OPERATOR: Boring Machine ........ $ 15.29 OPERATOR: Broom/Sweeper: ...... , .. $ 13.01 OPERA1'0R: Bulldozer, ....•.....•. $ 16. 77 OPERATOR: Concrete Finishing Machine .•.•..•••••...•••••....... $ 15. 44 OPERATOR: Concrete Saw ..•....... $ 14.43 OPERATOR: Crane ................. $ 22.46 OPERATOR: Curb Machine .......... $ 20.74 o.oo o.oo 0.00 0.00 0.00 0.00 o.oo 0.00 0.00 o.oo 0,00 3.50 0.00 o.oo 0.00 o.oo 0.00 o.oo 0.00 0.00 0.00 0.00 o.oo OPERATOR: Distributor ....... ,,,,$ 13.29 o.oo OPERATOR: Dr.ill.., ..........•... $ 14.78 0.00 OPERATOR: Forklift ........ ' ..... $ 16.32 0.00 OPERATOR: Gradall ..•..... , ...... $ 14.71 o.oo OPERATOR: Grader/Blade .......... $ 20.22 3.85 OPERATOR: Loader .............. ,.$ 15.53 0.00 OPERATOR: Mechanic .............. $ 18.03 0.00 OPERATOR: Milling Machine ...... ,$ 14.67 o.oo OPERATOR: Oiler .... , .... , ... , ... $ 16.32 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete} ......... $ 13.61 0.00 OPERATOR: Piledriver ........... ,$ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) ............... $ 14.45 0.00 OPERATOR: Roller ................ $ J.3. 67 0.00 OPERATOR: Scraper ...... ,,., .... ,$ 12.01 o.oo OPERATOR: Screed ................ $ J.4, 15 0.00 OPERATOR: Tractor ............... $ 12.19 o.oo OPERATOR: Trencher. .............. $ 14 • 7 4 0.00 PAINTER: Spray ......... ' ........ $ 16.52 0.00 SIGN ERECTOR ... , ............... , . $ 12. 96 o.oo TRAE'FIC SIGNALIZATION: Traffic Signal Installation ...... $ 19.07 o.oo TRUCK DRIVER: Di.stributor Truck ................ , .... , ...... $ 14 . 96 2.17 TRUCK DRIVER: Dump Truck.,., .... $ 12.19 0.00 TRUCK DRIVER: Flatbed Truck ...•. $ 14.28 0.00 'l'RUCK DRIVER: Lowboy 'fruck ...••. $ 15. 07 0.00 TRUCK DRIVER: Slurry Truck ...... $ 11.96 o.oo TRUCK DRIVER: Vactor Truck .... ,,$ 14 .21 0.00 TRUCK DRIVER: Water Truck .. ,, ... $ 13.17 1. 60 WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. ~=~=========~~=================~======~====~~==============~~=== Note: Executive Order (F,O) 13706, Establishing Paid Sick Leave for Ji'ederal contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for rea~ons resulting from, or to assist a family member (or person who is. like family to the employee) who is a victim of, domestic violence, s.exual assault, or stalking. Additional information on contracto~ requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after awa.rd only as provided in the labor standards contract clauses (29CF'R 5.5 (a) (1) (ii}). The body of each wage determination lists the classification and wage rates that have been. found to be prevailing for the cited type{s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ttidentifiersn that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing foi: that classification in the survey. Example: !?LUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this examp1e would be Plumbers. 0198 ind.i.cates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number., 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effectiv~ date of the most cur.rent negot.iated .r:ate 1 which in this example is July 1 1 2014. Union p.r:evailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all .rates repo.rted i.n the;:: survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used .in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Si.1rvey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the ~1age determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAG!!: DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for sununaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Of fices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.J and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Laboe 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator u.s. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any in.forma.tion (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. =====:===========:==~=======--==;:;;;-======~==;;;:i===~==~~~~=~=~=========== END OF GENERAL DECISION CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1 . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be Included in the award documents for all subawards at all tlers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subreclpients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, If any. Signature of Contractor/Contractor's Authorized Official Name and Title of Contractor/Contractor's Authorized Official Date: ________________ _ ATTACHMENT E CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. · LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEEStfil Footnotes: ---(9) --- Note--Section 5 of Ord. No. 12737 swt0s that this article shail be effective October 1. 2006. Editor's note-Prier to thi't adoption of Ord. No. 12787. Ord. No. 12;323. § 2. adoptad December 9, 200-1. repealed artit.:IA. X. c1·1isicr.s 1-4. in its entirety. which pertained to the economic d(~';eloprnent financing authority·and derived frorn Ord. No. ·12062, § 3, adopted May 10, 2001. Sec. 18-556. -Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department. or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: ( 1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter Into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide seivices for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. Jf the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any seNlce contractor employee, working full or part-time, with or without benefits, that is Involved In providing services under the service contractor's contract with the city. Covered empfoyer means the city and any and all seivice contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami-Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the •consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. -Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour with health beneflts as defined In this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. (3) The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city Is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, andfor mapping; d. The living wage provision is waived by the city commission by resolution, prior to Issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best lnterest(s) of the city to approve such waiver, In which case the living wage provision shall not apply in the competitive solicitation document; or e. Ail responsible wage construction contracts covered by section 18·120 of this Code. ( 4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase- in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014··2015 fiscal year. The city manager, In his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to com p!ete the phase-in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility perlod"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibllity period, which period shall not exceed 90 days. (c) Certificetion required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 certificate must be made avallable to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The. amount of the service contract and the city department the contract will s.erve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for ail covered employees; and (5) A commitment to pay all covered employees the living wage. ( d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates In accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the lfving wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, seNice contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices wlll be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22*09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11 -17-16) Sec. 18-558. -Implementation. (a) Maintehance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social securlty returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this a1iicle. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Orel. No. 12787, § 2, 4-6-06; Ord. No.13110, § 2, 10-22-09) Sec. 18-559. -Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, In or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the !;;ervice contractor relating· to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is In compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she Is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent a!lowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizlng the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent Jurisdiction to enforce the provisions of this arUcle and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11 (4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this art!cle, t11e city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the follow!ng additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and (3) The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid In full. whichever Is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared in~ligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. (g) Retaliation and discrim;nation barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating In any of its proceedings or tJsing any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. Page 4 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under !his article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17·16) Sec. 18-560. -Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561 ~18-599. -Reserved. Page 5 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number:--------(i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) ----~---------(Bidder/Proposer) hereby certifies compliance with the Local Of/lee requirements stated under Chapter 18/ Azticle III, Section L 8-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a pennanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on-site employtnent at the local office fol' a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, ptincipal or owner of the local business; a J)Ost office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a te11n of no less than twelve (12) months, been in effect fot· no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for t•ecently-executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully-executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the . corporate limits of the city for n tenn of no less than the twelve ( 12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Hus had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, n current business tax receipt .issued by both the city and Mlami- Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received fot· the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami-Dade County that authorizes the perfonnance of said business operations; and (5) Has cerlified in writing its compliance with the foregoing at lhe time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or· proposal. FORM·Clty of Miami Local Office certification 7/}.2/2013 1 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Prnposel' Local Office Address:---------------------- Docs Bidder/Proposer conduct verifiable, full-D D time, on-site employment at the local office YES NO for a minimum of fo11y (40) hours per calendal' week? If Bidder/Proposer's Local Office tenancy is DYES. D NOilN/A pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? City of Miami: D YES D NOD Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the Miami-Dade County: fi YES D NoilExempt City of Miami and Miami-Dade County? Cite Exemption: Has Bidder/Proposet' enclosed a copy of the license, certificate of competency and D D certificate of use that authorizes the YES NO performance of Bidder/Proposer's business operations? Bidder/Proposer's signature below certifies compliance with the Local O.flice requirements stated under Chapter 18/ Article HI, Section 18M 73, of the Code of the City of Miami, Florida, as nm ended. Pl'int Name (Bidder/Proposer Authorized Representative) Signature FORM·City of Miami local Ofnce Certification 7/22/2013 2 Date STATE OF FLORIDA COUNTY OF _____ _ Certified to and subscribed before me this __ clay of _______ , 20 ___ , by (Signature of Notary Public-State of Florida) (NOTARY SEAL) Qiame of Notary Typed, Printed, or Stamped) Personally Known _________ OR Produced Identification------------ Type of Identification Produced ___________________ _ FORM·City of Miami Local Office C~rtlflcatlon 7/22/2013 3 Line No. 2 3 4 5 6 7 8 9 10 11 12 13 Pay Item Description Install standard 4-inch, 3,000 psi concrete sklewalk, ramp and sidewalk landing, including tree root and branch trimming, tree root removal and restoration of the area. Install standard 6-inch 3,000 psi concrete sidewalk/ driveway. ramp and sidewa!k !anding including tree trimming, tree root removal and restoration of the area. Remove and dispose of concrete sidewalk ( 4 • or 6" thick concrete or any thickness of sidewalk or asphalt pavement), more or less, at any location. Standard or depressed concrete curb (any type), more or less, including removal and disposal of existing curb or curb and gutter, base preparation and including adjacent pavement restora\ion, if necessary, as oer Misc. 35-85-22. Standard concrete curb and gutter (any type). more or less, including removal and disposal of existing curb or curb and gutter, base preparation and including adjacent pavement restoration, if necessary, as oer Misc. 35-85-22. Standard concrete valley gutter (any type, any size), more or less, including removal and disposai of existing valley gutter, curb or concrete gutter, base preparation and including adjacent pavement restoration, if necessary, as per Misc. 35-85-22. Provide and install water meter boxes located in sidewalk to be replaced, at any location as approved by City Engineer. Type "S-ill" asphattic concrete surface course including bituminous tack coat, as noted in these specifications, as approved by City Engineer. 8-inch thick compacted Jimerock base wi1i1 primer oil surface including necessary clearing and grading, as noted in these specifications.. as aooroved bv Citv Enoineer. Install St. Augustine Solid Sod in place. if necessary, including planting soil, grading, leveling of the swa!e area and top dressing, as approved bv Citv Enc;ineer. Erect/ stake and brace faiien trees/palms, any size, induding all appurtenances on an ·as needed" basis at locations citywide, close to the oroiect location. Standard 6-inch concrete driveway approach, more or less. including removal and disposal of existing concrete/asphalt driveway approach, tree trimming, tree root trimming, tree root removal and restoration of the area at anv citvwide location. Provide and install traffic signal pull boxes iocated in sidewalk to be replaced. if necessarv. at anv citywide location. Unit Square Foot Square Foot Square Foot Linear Foot Linear· Foot Linear Foot Each Square Yard Square Yard Square Foot Each Square Foot Each Unit Cost I Quantity f Total Cost 200,000 $0.00 100,000 $0.00 300,000 $0.00 5,000 $0.00 5,000 SO.DO 5,000 $0.00 50 $0.00 5,000 $0.00 500 $0.00 2,000 $0.00 50 $0.00 1,000 $0.00 10 $0.00 M• ·---• ·---•-·--·--••• -· • ••• • ..... ~ .. ---MM-~ Prepare 6-inch sub base for locations where there are no existing Square 14 sidewalks, including clearing and grading, new fill material, compaction Foot 2,000 $0.00 and levelino of the area, etc. Remove existing asphalt, concrete or sod at swale areas, clearing and grading to 6-inches lower than face of sidewalk/ curb including survey work for new elevations. Filling the swale area with 6-inches of clean 15 suitable material, including but not limit to compaction and leveling Square 2.000 $0.00 around the pruned roots, grade to COM PW Standards, placement of Foot sod or asphaltic pavement as applicable, and maintenance t.'le valley drainage area in order to properly adjust rain water flow into existing catch basins as per Misc. 35-85-27. 16 Install (cast in place} detectable warning pads, per Misc. 35-85-22. Each 250 $0.00 Remove and reset existing standard brick pavers, including removal of existing bricks, reworking the sand base. adding new sand, etc., Square 17 clearing and grading, tree trimming, tree root removal, new fill material, Foot 5,000 $0.00 compaction and leveling of the area, etc. and resetting the existing bricks in same area, at any location citywide. New standard brick pavers installation. including removal of existing broken bricks, reworking the sandy base, adding new sand, etc., ·Square 18 clearing and grading, tree trimming, tree root removal. new fill materia!, 5,000 $0.00 compaction and ieve!ing of the area, utility rim border, etc., arid Foot instailing new brick pavers, at any location citywide. Typical 4'x4', more or less, 6"x12" concrete planter/header for those locations where the planters/headers are damaged or non existing and Linear 19 located where the brick sidewalk will be instailed/ reset including Foot 1,000 $0.00 clearing and grading, tree trimming, tree root removal, new fill material, compaction and leveling of the area, etc. at any location citywide. 20 Install root guard per PW Bulletin No. 33. Linear 500 $0.00 Foot Remove and dispose of tree stumps, including roots. any size at 21 various locations if necessary, at any location as approved by City Each 10 $0.00 Engineer. Concrete sidewalk grinding to be used only as a temporary measure to linear 22 fix uneven sidewalk. Contractor must provide its own water for dust 1,000 $0.00 control. Foot 23 SPECIAL PROVISION = Contingency Allowance ~ $50,000.00 $50,000.00 ·------··-----.. --·--·---··~· ··~ . --· -··-·--··. Line No. 1 2 3 4 5 6 7 8 9 10 11 12 13 Pay Item Description Install standard 4-inch, 3,000 psi concrete sidewalk, ramp and sidewalk landing, including tree root and branch trimming, tree root removat and restoration of the area. Install standar<l 6-inch 3,000 psi concrete sidewall</ driveway, ramp and sidewalk landing including tree trimming, tree root removal and restoration of the area. Remove and dispose of concrete sidevva!k (4" or 6" thick concrete or any thickness of sidewalk or asphait pavement), more or less, at any location. Standard or depressed concrete curb (any type), more or less. including removal and disposal of existing curb or curb and gutter, base preparation and including adjacent pavement restoration, if necessary, as per Misc. 35-85-22. Standard concrete curb and gutter (any type), more or Jess. including removal and disposal of existing curb or curb and gutter, base preparation and including adjacent pavement restoration, if necessary, as per Misc. 35-85-22. Standard concrete valley gutter (any type, any size), more or less, including removal and disposal of existing valley gutter, curb or concrete gutter, base preparation and including adjacent pavement restoration, if necessal'J, as per Misc. 35-85-22. Provide and install water meter boxes located in sidewalk to be replaced, at any location as approved by City Engineer. Type "S-111" asphaltic concrete surface course including bituminous tack coat, as noted in these specifications, as approved by City Engineer. 8-inch thick compacted !imerocl< base with primer oil surface including necessary clearing and grading, as noted in these specifications, as aoproved bv Citv Enoineer. Install St. Augustine Solid Sod in place, if necessary, Including planting soil, grading, leveling of the swale area and top dressing, as approved bV Ci!.v Enaineer. Erect/ stake and brace fallen trees/palms, any size, including a!l appurtenances on an "as needed" basis at locations citywide, close to the proiect location. Standard 6-inch concrete driveway approach, more or less, including removal and disposal of existing concrete/aspnaft driveway approach, tree trimming, tree root trimming, tree root removal and restoration of the area at anv citvwide location. Provide and install traffic signal pull boxes located in sidewall< to be reolaced. if necessary, at anv citvwide location. Unit Square Foot Square Foot Square Foot Linear Foot Linear Foot Linear Foot Each Square Yard Square Yard Square Foot Each Square Foot Each Unit Cost I Quantity Total Cost 200,000 $0.00 100,000 $0.00 300,000 $0.00 5,000 $0.00 5,000 $0.00 5,000 $0.00 50 $0.00 5,000 $0.00 500 $0.00 2,000 $0.00 50 $0.00 1.000 $0.00 10 $0.00 Prepare 6-inch sub base for locations where there are no existing Square 14 sidewalks, including clearing and grading, newfili material, compaction Foot 2,000 $0.00 and !evelinci of the area, etc. Remove existing asphait. concrete or sod at swale areas, clearing and grading to 6-inches lower than face of sidewalk/ curb including survey work for new elevations. Filling the swale area with 6-inches of clean 15 suitable material, including but not limit to compaction and leveling Square 2,000 $0.0G around the pruned roots, grade to COM PW Standards, placement of Foot sod or asphaltic pavement as applicable, and maintenance the valley drainage area in order to property adjust rain water flow into existing catch basins as per M"isc.. 35-85-27. 16 Install (cast in place) detectable warning pads, per Misc. 35-85-22. Each 250 $0.00 Remove and reset existing standard brick pavers, incruding removal of existing bricks, reworking the sand base, adding new sand, etc., Square 17 clearing and grading, tree trimming, tree root removal, new fill material, Foot 5,000 $0.00 compaction and leveling of the area, etc. and resetting the existing bricks in same area, at any location citywide. New standard brick pavers instaHation, including removal of existing broken bricks. r.eworking the sandy base, adding new sand, etc., Square 18 clearing and grading, tree trimming, tree root removal, newfiil material, 5,000 $0.00 compaction and leveling of the area, utility rim border, etc., and Foot installing new brick pavers, at any location citywide. Typical 4'x4', more or less, 6"x12" concrete planter/headerfor those locations where the planters/headers are damaged or non existing and Linear 19 located where the brick sidewalk will be installed/ reset including Foot 1,000 S0.00 clearing and grading, tree trimming, tree root removal, new fill material, compaction and leveling of the area, etc. at any location citywide. 20 Install root guard per PW Bulletin No. 33. Linear 500 $0.00 Foot 21 Remove and dispose of tree stumps, including roots, any size at various Each 10 $0.00 locations if necessary, at any location as approved by City Engineer. Concrete sidewalk grinding to be used only as a temporary measure to Linear 22 fix uneven sidewalk. Contractor must provide its own water for dust Foot 1,000 $0.00 control. 23 SPECIAL PROVISION "' Contingency Allowance ~ $50,000.0G $50,000.00 Department of State I Division of Corporations I Search Records I Search by EntiW, Name I Detail by Entity Name Florida Profit Corporation G P E ENGINEERING & GENERAL CONTRACTOR CORP. Filing Information Document Number FEl/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date PrinciP-al Address 646208 59-1963236 11/27/1979 FL ACTIVE AMENDMENTANDNAMECHANGE 05/06/2010 NONE 4 730 NW 128TH STREET ROAD OPA-LOCKA, FL 33054 Changed: 01/24/2017 Mailing Address P.O. BOX 4582 HIALEAH, FL 33014 Changed: 09/28/2015 Registered Agent Name & Address REYES, CARIDAD X 4 730 NW 128TH STREET ROAD OPA-LOCKA, FL 33054 Name Changed: 05/06/201 O Address Changed: 01/24/2017 Officer/Director Detail Name & Address Title P REYES, ANTONIO MIAMI LAKES, FL 33016 Title Treasurer Hernandez, Yolanda PO Box 4582 Hialeah, FL 33014 Title SD REYES, CARIDAD X 1033 W 30 ST HIALEAH, FL Title VP Jimenez, Lester P.O. BOX 4582 HIALEAH, FL 33014 Annual ReP-orts Report Year 2018 2019 2020 Document Images Filed Date 04/05/2018 04/10/2019 01/30/2020 01/30/2020 --ANNUAL REPORT 04/10/2019 --ANNUAL REPORT 04/05/2018 --ANNUAL REPORT 01/24/2017 --ANNUAL REPORT 03/28/2016 --ANNUAL REPORT 04/23/2015 --ANNUAL REPORT 04/17/2014 --ANNUAL REPORT View image in PDF format ------1 View image in PDF format I ,----------------------------------------------------------------------------------------1 l View image in PDF format _ View image in PDF format I View image in PDF format J -----------------------------------------------------------------------------------------, ! View image in PDF format _ View image in PDF format 04/12/2013 --ANNUAL REPORT View image in PDF format =1 04/09/2012 --ANNUAL REPORT View image in PDF format j 04/26/2011 --ANNUAL REPORT View image in PDF format ] 05/06/2010 --Amendment and Name Chanm~f View image in PDF format I 04/29/2010 --ANNUAL REPORT ----------vi~~--i;;:;~g~-j~--P-D_F __ f~-~;;:;~t ----------, 03/05/2009 --ANNUAL REPORT View image in PDF format I 04/24/2008 --ANNUAL REPORT 0212812007 --ANNUAL REPORT 0710512006 --ANNUAL REPORT 04/28/2005 --ANNUAL REPORT 05/01/2004--ANNUAL REPORT 04/25/2003 --ANNUAL REPORT View image in PDF format=1 f-------------vi;~--;;-~-g~---i-~--PDF--f~~;~(-------------, View image in PDF format I View image in PDF format I ;:::::======~1 View image in PDF format _ View image in PDF format --I 03/28/2000 --ANNUAL REPORT View image in PDF format I 02/01/1999 --ANNUAL REPORT View image in PDF format I 05/29/1998 --ANNUAL REPORT View image in PDF format I 01/22/1997 --ANNUAL REPORT View image in PDF format I ··--·-··-·····-·····--·········-·---·-----····--·- -1 04/25/1996 --ANNUAL REPORT View image in PDF format 02/01/1995 --ANNUAL REPORT View image in PDF format J Florida Department of State, Division of Corporations 101 Streets Fund 101.3210.541464 REPAIR & MAINT -SIDEWALKS Total for (2) Operating Expenses Total expenses 3210 (Fund 101) ST 101 Streets Fund Fiscal Year: 2021 Trial Balance - '·~PPr9pi.i~!~A~.L .·: .. -'~~!e.~@~~J~,:'.(/::~~~Mi~.~.~~~.. X\i, L:~#!~,~£~L.\:::L· ::'Y#~tll~!~:.c:i 250,000.00 250,000.00 0.00 0.00 250,000.00 10/1/2020 250,000.00 250,000.00 250,000.00 250,000.00 Fund Totals $250,000.00 $0.00 0.00 250,000.00 0.00 250,000.00 $0.00 $250,000.00 Revenue/Expenses Balance: $0.00 2so,00D -'L "SO I o<>O ,---p 101 Streets Fund Trial Balance -Expenses Printed: 11/6/2020 Page:2 120 CITT SURTAX-TRANSPORTATION F Fiscal Year: 2021 Trial Balance - !"_15~~~~h:CL~.'·,_~:~:?C..::.i~)L::~~~~~:!I:''.;::·;.~{._.:L:~. ··~A-iler~I>fl~t-~~-';'·::~•'-· ,,.~~k~6"4~~~ ~d.:c~•i~,~Pi~~~~~J'.i·,•.::· d~~·~ij~e~~.i :-.. ~'.~,a~!:Rat~;_·:;.1 120.3210.541464 0% 295,000.00 REPAIR & MAINTENANCE -SIDEWALKS 295,000.00 1,205.00 145,726.90 148,068.10 11/2/2020 Total for (2) Operating Expenses Total expenses 3210 (Fund 120) ST 295,000.00 295,000.00 295,000.00 295,000.00 1,205.00 1,205.00 145,726.90 148,068.10 145,726.90 148,068.10 r"'-;;:.:··. :"·Y;;:' ','· .. :·, .:;..:;:>.' ';'·,.::'.}:1·~·:i ,:,'.·"··<:·· ,•'/:\~:,., '··,:":::~::.:•\~.:;"::/:t:··.:;\::·:," .:.:;.::.~:.;::)~;;•.; I 1•, ·!·::;,.::f\ •:•,,!·it,',::•.,,,,'-":.•1,••'"r.····J·,, .i'·.·'l .,,' .. '·",.t I "ir' I "1 I.; .. "·"'', ' "."""'';·1:·;;:.-,;,;;, :,'·:'/;y•:~:/,';':':j:·,:;··'·"' '1 .,;·:··r:·:: , ...... , .. , L~:--' ::'' :.' .. ., . __ ' ~'.. ':.; ·'.. • ,'..'.'._~::.. ::~; ', ~.~:·::' :.~:.:.::.:: ~:~':.'..~, .. !,.,.'. ,:.~c .. ..:'.:~.1 ,~.'~.',~ ~::'::'. _.:.~ :.:..'.~ • .'~.·J ~ ~ . .'.;_·_, :~ :: ~: _ _;,,,'L'..' : .. :1.~ :_. ~j,~.:,~~~.~ .. :~~-~. 0J.~:·_,,:~:.~ ... L ~:~~ .. :: ; : '' • ' i ,' ~' '.' ::.:.:c~~~L.~~!. :l:: L~~ ~~:~:~.:'..,_~'..:.~l: -~Ji:1 L:,.:~~<'~~~~u.:'. .:. : .. ,~:~:L:~~:::1 .~L· •:;.:~,~,'.·.-'.~!"~}~~ .. :~: ~·~~.~.L~;_t.:.:-__ :,:~:~ '...i .. ::.·_ .:·~. :,;~~~ ·,, : .:<~ ~.~ .. -: Fund Totals 120 CITT SURTAX -TRANSPORTATIO $295,000.00 $1,205.00 $145,726.90 $148,068.10 Revenue/Expenses Balance: $1,205.00 120 CITT SURTAX-TRANSPORTATION FUND Fun Trial Balance -Expenses Printed: 11/6/2020 Page: 2