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GPE ENGINEERING AND GENERAL CONTRACTOR - CITY OF MIAMI IFB-781382A 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 IFB-781382 CONTRACT PERIOD: 12/13/2022 - 7/29/2023 SECTION #1 – VENDOR AWARD Name: GPE ENGINEERING AND GENERAL CONTRACTOR CORP. Name: Contact: ANTONIO REYES Contact: Phone: 305-828-5307 Phone: Fax: Fax: E-mail: TREYES@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: 12/13/2022, ITEM X AMENDED AMOUNT: RESOLUTION NO: INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $500,000.00 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: MARILIN GUTIERREZ ITE M# X DEC 1 3 2022 COUNCIL AGENDA ITEM REQUEST FORM This form, letter from the department head addressed to the Mayor and City Council, as well as supporting documents are due the Monday of the week prior to the City Council Meeting . Date of Request: November 16, 2022 Requesting City Department : Streets Requested Council Meeting December 13, 2022 Date : Action Requested from the IX! Issue a purchase order City Council : D Increase a purchase order D Award a bid D Bid No. D Reject a bid D Bid No . D Special Events Permit D Street Closu re D Oth er: Scope of se rvi ce (s) or product(s): Construction of, and/or removal and re placement of, side walks, curb, and gutte rs throughout th e city, along with a ll asso ciate d restoration work, on an "as-need" basis. Ve ndor: GPE Engin eering and Ge ne ra l Con t ractor Corp . r Expenditure Amount: Funding Source (i.e., account funding the expenditure): Purchasing Process : Not to exceed $500,000.00 Repair & Maintenance -Sidewalks Account 120.3210.541464 0 Competitive Bidding 0 An exception to competitive bidding applies: 0 Professional services in the nature of consultants, accountants and attorneys 0 Sole source provider 0 Emergency based on objective facts 0 Credit facilities 129 Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. D Title of state, county or other governmental agencies contract: City of M ia mi's Citywide Sidewalk Repair and Replacement Services Contract D Piggy-b ack contract expiration date: July 29, 2023 0 Waive Competitive Bidding D Reason(s) it i s not advantageous to the City to utilize competitive bidding: Signatures: De pa rt m en~t ..:-H~e~.___- r of Finance Management Esteban Bovo, Jr. Mayor Monica Perez Council President Jacqueline Garcia-Roves Council Vice -President November 16, 2022 Honorable Mayor Esteban Bovo, Jr. And City Council Members City of Hialeah Hialeah, Florida 33010 Re: FY2022/2023 Concrete Work Dear Mayor and Council members: City of Hialeah Co uncil Members Bryan Calvo Vivian Casals-Munoz Luis Rodriguez Jesus Tundidor Carl Zogby The Charter of the City of Hialeah states that contracts in amounts greater than $25,000.00 s hall be awarded on the basis of specifications and formal sealed bid s. 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 accord a n ce with the C ity of Hialeah Code Section 2.8 18 State, county or other governmental agency bids or contracts: Whenever advantageous to the city, the city may utili ze bids that have been awarded or under contract by the state, county or other governmental age ncies . If the city utilizes state, county or other governmental agency bids, competitive bidding will not be required . I am therefore respectfully requesting approval to pi ggyback off of th e C ity of Mi a mi 's Ci tywide Sidewa lk Repair and Replacement Services Contract for Non-Federall y F unded Projects, awarded throug h comp etitive bidding (Resolution R-18- 0191), to issue GPE Engineering an d General Contrac tor Corp. purchase orders in an amount not to exceed $500,000.00 for the construction of, and/or removal and replacement of, s idewalks, driveway approac hes , curbs, and g utters throughout the c ity , a long with all associated restoration work, on an "as need" basis. Funding for thi s expend iture will be drawn against the R e pair & Maintenance -Sidewalks acco unt 120.32 10.54 1464 . GPE Engineeri ng and General Contractor Corp . is a n active corporation in good s tanding in the State of Florida. Respectfully, #71 Jose Sanchez Director of Streets Departm e nt of Finance Managem e nt 501 Palm Ave n ue, Hiale a h, Florida · 33 0 10-47 19 www.hia le ahfl .gov I ! I J j. :•. '·, 1 . .I ' •• : i l' I '·1& ' • , ... i . .,f ;T ~--,, \ .. J GPE ·'-~ .. August 24, 2022 Mr. Augusto de Jesus Morales City of Hialeah Streets Department Engineering Manager 900 E 56th St, BLDG #4 Hialeah, Fl 33013 Re: Request for Extension of the Sidewalks Repairs Prices for year August 2022 to July 2023 as per GPE's City of Miami Annual Citywide Sidewalk Replacement Contract M-0145 Dear Mr. Morales: This letter shall serve to formally request the extension of our proposed prices as per our annual City of Miami Citywide Sidewalks Replacement Contract. We have attached the previous sent email detailing the form of billing used with the city based on quantities as we have been working with in the past year. Please note that based on all the price increases that our industry and economy has experienced in the past six months, the City of Miami has agreed and approved revising our contract unit prices to help alleviate with the cost increases that GPE has incurred in all the raw material and labor costs. We are attaching for your review and approval these new prices as approved by the City of Miami which we would like to incorporate in this extension with the City of Hialeah. Please review and reply back with the acceptance of these new prices and extension of this contract if agreed by the City of Hialeah. If you have any questions or need additional information, please do not hesitate in contacting our office. Enclosures (2) GPE Engineering and General Contractor Corp. P. 0. Box 4582, Hialeah, FL 33014 Office: (30S) 828-5307 Facsimile: (305) 828-5325 www.gpeeng.com CtiittJ of ~iami ANNIE PEREZ ARTHUR NORIEGA V Chief l'roc urcmenc O rticcr AMENDMENT NO. 2 TO IFB No. 781382 CITYWIDE SIDEWALK REPAIR AND REPLACEMENT SERVICES July 29, 2022 GPE Engineering and General Contractor Corp. Attn : Tony Reyes PO Box4582 Hialeah, FL 33014 Email: treyes@gpeeng.com RE: Invitation for Bid ("IFB") No. 781382, Citywide Sidewalk Repair and Replac;ement Servlc;es Dear Mr. Reyes : Pursuant to Resolution No. 18-0191adoptedMay10, 2018, the City Commission authorized the execution of IFB No. 781382 for the procurement of sidewalk repair and replacement services for the Department of Resilience and Public Wort<s ("RPW'). The City of Miami ("City") in accordance with Section 1.50. of the above referenced IFB, shall amend the contract as follows: 1. Section 2 .31. Equitable Adjustment. has been added with the following language: The City may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or industry. not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Bidder(s) that continued performance of the contract would result in a substantial loss . Successful Bidder(s) must supply documentation from manufacturer(s) to justify any requested percentage increase in cost to the City of Miami or increases may be denied . The City may revise the marketplace volatility conditions in the six (6) months after the first adjustment to determine when new equitable adjustment will be allowed. 2. Section 2 .32, Parts At Pass-Through Cost All costs for parts required for repair jobs covered within this scope of work shall be billed at the Successful Bidder's actual cost plus a fee/mart<up of no more than five percent (5%), with a maximum of $1 ,000.00 per repair. The Successful Bidder shall submit purchase receipt of parts along with the labor invoice for payment. Page 2of6 The Successful Bidder shall be responsible for sourcing all part necessary to complete the work requirements of each job specification . Replacement parts furnished must of the same manufacturer or (written) approved equal product. All equipment and material shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/material shall not be specified or installed . The City reserves the right to purchase parts and materials outright. All parts/materials purchased directly by the City shall be installed by the Successful Bidder at the City's direction. Please acknowledge the receipt of this Amendment by signing below and send it by email to the attention of Tahlia Gray at tgray@miamigoV.com, by August 2, 2022 5:00 PM . If you have any questions as it pertains to this Amendment. please feel free to contact Tahlia at 305-416-1912 or via email. Attachment H -Non-Federally Funded Projects Price Sheet Line Pay Item Description UnH Unit Cost Quantity Total Cost No. 1 Install standard 4-inch, 3,000 psi concrete sidewalk, Square $4 .17 200,000 $834,000 .00 ramp and sidewall< landing, including tree root and Foot branch trinvning, tree root removal and restoration of the area. 2 Install standard 6-lnch 3,000 psi concrete sidewalk/ Square $5.00 100,000 $500,000.00 driveway, ramp and sidewalk landing including tree Foot trimming, tree root removal and restoration of the area. 3 Remove and dispose of concrete sidewalk (4" or 6" Square $0.65 300,000 $195 ,000.00 thick concrete or any thickness of sidewalk or Foot asphalt pavement), more or less, at any location . 4 Standatd or depressed concrete culb (any type), Linea r $23.86 5,000 $119 ,300.00 more or less, including removal and disposal of Foot existing curt> or curb and gutter, base preparation and including adjacent pavement restoration, If necessary, as per Misc. 35-85-22 . 5 Standard conctete curb and gutter (any type), more Linear $35 .89 5.000 $179,450.00 or less, including removal and disposal of existing Foot curb or curb and gutter, base preparation and including adjacent pavement restoration , if necessary, as per Misc. 35-85-22 . 6 Standard concrete valley gutter (any type, any Linear $29.39 5,000 $146,950.00 size), more or less, including removal and disposal Foot of existing valley gutter, curb or concrete gutter, base preparation and including adjacent pavement restoration, i f necessary, as per Misc. 35-85-22 . 7 Provide and install water meter boxes located in Each $313.33 50 $15,006 .50 sidewalk to be replaced , at any location as approved by City Engineer. 8 Type "S-1119 asphaltic concrete surface course Square $16 .87 5,000 $84,350.00 including bituminous tacit coat, as noted in these Yard specificati ons. as approved by City Engineer. 9 8· inch thick compacted limerock base with primer Square $12 .74 500 $6,370.00 oil surface including necessary clearing and Yard grading, as noted in these specifications, as anoroved bv Citv Enalneer. 10 lnstan St Augustine Solid Sod in place, if Square $8 .29 2,000 $16,580.00 necessary, including planting soil, grading, leveling Foot of th e swale area and top dressing, as approved by City Engineer. Page3 of6 11 Erect/ slake and brace fallen trees/pahns, any size, Each $201 .56 50 $10,078.00 Including au appurtenances on an "as needed" basis at locations citywide. close to the project location. 12 Standard 6-inch concrete driveway approach, more Square $8.17 1,000 $8,170.00 0t less, including removal and disposal of existing Foot concrete/asphalt driveway approach, tree trimming, tree root trimming, tree root removal and restoration of the area at any citywide location. 13 Provide and install traffic signal pull boxes located Each $1,276.50 10 $12,765.00 in sidewalk to be replaced, if necessary, at any cilvwide location. 14 Prepare 6-inch sub base for locations where there Square $0.54 2,000 $1,080.00 are no existing sidewalks, including clearing and Foot grading, new fill material, compaction and leveling of the area, etc. 15 Remove existing asphatt, concrete or sod at swale Square $1 .37 2,000 $2,740.00 areas, clearing and grading to 6-inches lower than Foot face of sidewalk/ curb including suNey work for new elevations. Filling the swale area with 6-inches of clean suitable material, including but not limit to compaction and leveling around the pruned roots, grade to COM PW Standards, placement of sod or asphaltic pavement as applicable, and maintenance the valley drainage area in order to properly adjust rain water flow into existing catch basins as ner Misc. 35-85-27. 16 Install (cast in place) detectable warning pads, per Each $327.85 250 $81,962.50 Misc. 35-85-22. 17 Remove and reset existing standard.briclcpavers,_ _Square _$1 .93 5,000 $9,650.00 lnduding removal of existing bricks, rewort<ing the Foot sand base, adding new sand, etc.. clearing and 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 citywide. 18 New standard brick pavers installation, including Square $6.97 5,000 $34,850.00 removal of existing broken bricks, reworking the Foot sandy base, adding new sand, etc., clearing and grading, tree trimming, tree root removal, new fin material, compaction and leveling of the area, utility rim border, etc .. and installing new brick pavers, at any location citywide. 19 Typical 4'x4', more or less, 6"x12" concrete Linear $21 .15 1,000 $21,150.00 planter/header for those locations where the Foot planters/headers are damaged or non existing and located where the brick sidewalk will be installed/ reset including dearing 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 $67.19 500 $33,595.00 Foot 21 Remove and dispose of tree stumps, including Each $335.92 10 $3,359.20 roots, any size at various locations if necessary, at any location as approved by City Engineer. 22 Concrete sidewalk grinding to be used only as a Linear $26.00 1,000 $26,000.00 temporary measure to fix uneven sidewalk. Foot Contractor must provide its own water for dust control. 23 SPECIAL PROVISION = Contingency Allowance $50,000.00 Total Bid $2,393,066.20 Page 4of6 Attachment G • Federally Funded Projects Price Sheet Une Pay Item Description Unit Unit Cost Quantity Total Coat No. 1 Install standard 4-inch, 3,000 psi concrete sidewalk, Square $4.17 200,000 $834,000.00 ramp and sidewalk landing, including tree root and Foot branch trimming, tree root removal and restoration of the area. 2 lnataft standard 6-inch 3,000 psi concrete sidewalk/ Square $5.00 100,000 $500,000.00 driveway, ramp and sidewalk landing including tree Foot trimming, tree root removal and restoration of the area. 3 Remove and dispose of concrete sidewalk (4" or 6" thick Square $0.65 300,000 $195,000.00 concrete or any thickness of sidewalk or asphalt Foot pavement), more or less, at any location. 4 Standard or depressed conaete curb (any type), more Linear $23.86 5,000 $119,300.00 or less, Including removal and disposal of existing curb Foot or curb and gutter, base preparation and Including adjacent pavement restoration. if necessary, as per Misc. 35-85-22. 5 Standard concrete curb and gutter (any type), mom or Linear $35.89 5,000 $179,450.00 less, including removal and disposal of existing curb or Foot curb and gutter, base preparation and including adjacent pavement restoration, if necessary, as per Misc. 35-85-22. 6 Standard concrete valley gutter (any type, any size), linear $29.39 5,000 $146,950.00 more or less, Including removal and disposal of existing Foot ( vaffey gutter, curb or concrete gutter. base preparation and including adjacent pavement restoration, if necessary, as per Misc. 35-85-22. 7 Provide and install water meter boxes located In Each $313.33 50 $15,666.50 sidewalk to be replaced, at any location as approved by City Engineer. 8 Type ·s-111· asphaltic concrete surface course including Squate $16.87 5 ,000 $84,350.00 bituminous tack coat. as noted in these specifications. Yard as approved by City Engineer. 9 8-Inch thick compacted limerock base with primer oil Square $12.74 500 $6,370.00 surface including necessary clearing and grading, as Yard noted in these specifications, as approved by City Engineer. 10 Install St. Augustine Solid Sod in place, if necessary, Square $8.29 2,000 $16,580.00 including planting soil, grading, leveling of the swale Foot area and top dlessing, as approved by City Engineer. 11 Erect/ stake and brace fallen trees/palms, any size, Each $201 .56 50 $10,078.00 including all appurtenances on an "as needed" basis at locations citywide, close to the project location. 12 Standard 6-lncfl concrete driveway approach, more or Square $8.17 1,000 $8,170.00 less, including removal and disposal of existing Foot concrete/asphalt driveway approach, tree trimming, tree root trimming, tree root removal and restoration of the area at any citywide location. 13 Provide and install traffic signal pull boxes located in Each $1,276.50 10 $12,765.00 sidewalk to be replaced, if necessary, at any citywide location. 14 Prepare 6-inch sub base for locations where there are Square $0.54 2 ,000 $1,080.00 no existing sidewalks, including clearing and grading, Foot new fill material, compaction and leveling of the area, etc. Page S of 6 15 Remove existing asphalt, concrete or sod at swale Square $1 .37 2,000 $2 ,740.00 areas, clearing and grading to 6-inches lower than face Foot of sklewalk/ curb including survey wOl1<. for new elevations. Filling the awale area with 6-inches of clean suitable material, including but not limit to compaction and leveling around the pruned rools, grade to COM PW Standards, placement of sod or asphaltic pavement as applicable. and maintenance the valley drainage area in order to properly adjust rain water now into existing catch basins as per Misc. 35-85-27. 16 lnstan (cast in place) detectable warning pads, per Misc. Each $327.85 250 $81,962 .50 35-85-22. 17 Remove and reset existing standard brick pavers, Square $1.93 5.000 $9,650.00 ineluding removal of existing bricks, rew0t1dng the sand Foot base, adding new sand, etc .• clearing and grading, tree trimming, tree root removal, new tm material, compaction and leveling of the area, etc. and resetting the existing bricks in same area, at any location citywide. 18 New standard brick pavers installation, including Square $6.97 5 ,000 $34 ,850.00 removal of existing broken bricks, reworking the sandy Foot base, adding new sand, etc., clearing and grading, tree trimm ing, tree root removal, new fill material, compaction and leveHng of the area. utility rim border, etc., and installing new brick pavers. at any location citvwide. 19 Typical 4'x4', more or less, e·x12· concrete linear $21 .15 1,000 $21 ,150.00 planter/header for those locations where the Foot planters/headers are damaged or non existing and located where the brick sidewalk will be installed/ reset including clearing and grading, tree trimming, tree root removal, new fill material, compaction and leveling of the area, etc. at any l ocation citywide. 20 lnstan root guard per PW Bulletin No. 33. linear $67.19 500 $33,595.00 Foot 21 Remove and dispose of tree stumps, including roots. Each $335.92 10 $3.359.20 any size at various locations if necessary. at any location as approved by City Engineer. 22 Conctete sidewalk grinding to be used only as a Linear $26.00 1,000 $26.000.00 tempOfary measure to fix uneven sidewalk. Contractor Foot must provide its own water for dust control. 23 SPECIAL PROVISION = Contingency Allowance $50.000.00 Total Bid $2.393.066.20 GPE Engineering and General Contractor Corp. (Circle oneOldlaagrees to amend IFB No . 781382, Citywide Sidewalk Repair and Replacement Services . ~ Please sign and date below to certify your response A>JCaJJ 10 '2.c,c ~ Print Name VA.6~\\)C ul Title Date ( Page 6of6 COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission). which signature shaU be binding on the party whose name is contained therein . Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Your Interest in doing business with the City of Miami is always appreciated. Sincerely, Annie Perez, CPPO Director of Procurement/Chief Procurement Officer AP:tg Olitu of 4fillhnni CONTRACT AWARD Procurement Dtpartment IFB NO.: DESCRIPTION : T ERM OF CONTRACT: CONTRACT PERIOD: COMMODITY CODE: \SECTION #1 -VENDOR AWARD 781382(29 ) CITYWIDE SIDEWALK REPAIR AND REPLACEMENT SERVICES FIVE (5 ) YEARS WITH THE OPTION T O RENEW FOR THRE E (3) ADDITI O NAL TWO (2 ) Y EAR PERI OD S JULY 30, 2018 THROUGH JULY 29, 2023 91382-00 GPE Engineering and General Contractor Corp. P.O . Box 4582 Hialeah , FL 33014 Contact: Antoni o Reye s Phone: (305) 828-5 307 Fax: (305) 828-5325 Email: bids@gpeeng.com Metro Express, Inc. 9442 NW 1091h St reet, Suite 100 Medley , F L 33 178 Contact: Delio Trasobares Phone: (305) 885-1330 Fax: (305) 885-1327 Email: delio@metroexpresscorp.com \SECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES C .C . AWARD DAT E: MAY 10 , 20 18 RE SOLU T ION NO : 18-0191 FILE ID : 3978 ANNUAL CONTRACT AMOUNT: N/A AM ENDED AMOUN T: NM INSURANCE REQUIREM E NTS: Y ES PERFORMANCE & PAYMENT BOND: Y ES APPLICABLE ORDINANCES: N/A Notes: CONTRACT PERIOD: JULY 30, 2018 THROUGH JULY 29 , 2023 \SECTION #3-REQUESTING DEPARTMENT C IT Y OF MIAMI, DEPARTMENT OF PUBLIC WORK Contract Administrator: Fabiola Dubuisson Phone: (305) 416-1755 I SECTION #4 -PROCURING AGENCY CITY O F MI A MI , DEPA RT ME NT OF PROC U RE M ENT Buyer: T a hli a G ray Phone: (305) 4 16-19 12 Prepa red By: Ai m ee G andarill a , 7 /1 9/1 8 A CO NT RACT AWARD S HEET IN STRU CTIONAL GUI DE TO ASSIST YOU WITH TH E IN FORMATIO N CO NTAINED H EREIN IS AV A ILABLE IN T HE !SU PP LI ER IN FO RMAT ION S ECTION OF O UR W EBPAGE AT: WWW. MIAMI GOV .COM/PROCUREMENT R-18-0191 A RESOLUTION QF THE MIA.NII CITY COMMISSION ArCEPTING TH... Page 1 of 3 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 {"IFB") NO. 781382 FOR CITYWIDE SIDEWALK REPAIR AND REPLACEMENT SERVICES FOR THE PUBLIC WORKS DEPARTMENT ("PUBLIC WORKS"), ON AN AS NEEDED BASIS, WITH GPE ENGINEERING AND GENERAL CONTRACT0R CORP. {"GPE") AS THE SOLE VENDOR FOR GROUP 1: FEDERALLY FUNDED PROJECTS ("PROJECT"); 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, 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: Oth e r Attachments Ag e nd a Su mma ry a nd Le g is la ti o n 39 78 Memo -Aw a rd Rec omm e nd a ti on 397 8 Bid Ta bul ati o n 3978 Co rporate De tai l 3978 Bid Re sponse s 3978 Invitation for Bid Financi a l I mp a ct Fe d e r a lly Fund ed: $2 ,011,923 .50 a nnu a lly (ag g r eg at e of $22,1 31 ,1 58.50 for el e v e n (11 ) y ears) Non-Fe d e r a lly Fund ed: $2,0 2 1,936 .20 a nnu a lly (ag grega t e of $22,241,298 .2 0 f or e lev en (11) years General Account No: CIP Project No. 40-B4 311 4 B and other funding sources http://miami tl.iqm2 .com/C itize ns/De ta il _Le g iF i le.aspx?ID =3978&hi g hlig htTe rm s =78 13 8... 5/22/2 01 8 r R-18-0191 A RESOLUTION Of THE MIAMI CITY COMMISSION ACCEPTING TH ... Pag ~J-of 3 Body /Legislation 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 th e 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 complian ce with all requirements th at may be imposed by th e City Attorney, including but not limited to, those prescribed by applicable City Charte r and City Code provisions. [2 ] If the Mayor does not sign this Resolution , it shall become effective at the end of te n (10) calendar days from the date it was passed and adopted . If the Mayor vetoes this Resolution , it shall become effective immed iately upon override of the veto by the City Commission. t"'le eting Hi story . City May 10, 201.S 9:00 AM Video C . . omm1ss1on Regular Meeting ~Draft RES ULT: ADOPTED [UNANIMOUS] MOVER.: Wi fredo (Willy) Gort, Co mmiss ioner, Di stri ct One SECONDER: Keo n Hard e m o n, Chai r AVES: Keon Hardem o n, Wi fredo (Willy) Gort, Joe Caroll o, Manolo Rey es ABSE NT: Ke n Russell http://miamifl.iqm2 .com/C itizens/Detail_LegiF ile.aspx?ID=3978&highli ghtTerms=781 38... 5/22/2018 R-18-0191 A RESOLUTION QF THE MIAMI CITY COMMISSION ..ACCEPTING TH... Page 3 of3 .. -·-·-·- Transcript May 10, 2018 9:00 AM 'j '~ 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 miarni, theod ore gibson, mari plummer, I forgo t to the other one was. But nevertheless , I want to make sure we don't end up underground chicago. May be in a bar somew here over there. 6: 54 PM > it will make it hard for me to take that back. > all with the motion to d efer sa y i. Th e motion ca rries. 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. Th e 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 se v e n . > five and seven . re five. We will app rove it now if there is a motion. Re five and re se v e n. Re five is s id ewalk repairs and r e placement services . Show next 60 sec ···-----·--- http://miami:fl.iqm2.co m/Citi zens/D etail_Le g iFil e .aspx?ID =3978&hi ghli ghtTenns=78 13 8... 5/22/2018 TO : CITY OF MIAMI, FLORIDA INTER-OFFICE ME.MO.RANDUM Emilio T. Gonzalez, Ph.D. City Manager DATE : April 5, 2018 FILE : SU.BJ.ECT : Recommendation of Award for Citywide Sidewalk Repair and Replacement Services FROM : Annie Perez, CPPO, Director~ Department of Procurement REFERENOES : Invitation for Bid ("IFB") No. 781382 ENCLQSUR.ES : Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB 781382 to GPE Engineering 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: IFB 781382, CityVtiide 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: "'\\ \t l \8 c: Nzeribe lhekwaba, Ph.D., P .E., Assistant City Manager, Chief of Operations Fernando Casamayor, Assistant City Manager, Chief Financial Officer Juvenal Santana, P.E., 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, Procurem ent PR17474 Page 1 of1 IFB 781382 Sidewalk Repair/Replacement RJ Spencer Construction, LLC GPE Engineering and General 1-l Contractor Corp. Metro Express, Inc. ---~ ... ----"" -----~ --~:---·""""""" --·---~ Line Pay Item Description Unit Qty Unit Cost No. Install standard 4-inch, 3,000 psi concrete side.walk, ramp and sidewalk Square 1 !landing, including. tree root and branch trimming, tree root removal and 200,000 Foot restoration of the area. lns:tall standard 6-inch 3,000 psi concrete sidewalk/ driveway, ramp and Square 1100,000 2 !sidewalk landing including tree trimming, tree root removal and restoration of the area. Foot II I 3 1Remove and dispose of concrete sidewalk (4" or 6" thick concrete or any Square 300,000 thickness·ofsidewalk or asphalt pavement), more or less, at any location. Foot I Standard or depressed concrete curb (any type), more or less, including 4 {emoval and disposal of existing curb or curb and gutter, base preparation and including ac;ljacent pavement restoration, if necessary, as per Misc. 35,85-Linear 5,000 Foot 22. Standard concrete curb and gutter (any type), more or less, including removal Linear 5 land disposal of existing curb or curb·and gutter, base preparation and 5,000 including adjacent pavement restoration, if necessary, as per Misc. 35-8S-22. Foot Standard concrete valley gutter (any type, any size), more or less, including 6 1removal and disposal of existing valley gutter, curb or concrete gutter, base Linear 5,000 preparation and including adjacent pavement restoration, if necessary, as per Foot Misc. 35'85-22. 7 tro.vide and install water meter boxes located in sidewalk to be replaced, at any location as.approved by City Engineer. Each 50 8 I 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 8-inch thick compacted'limerock base with primer oil surface including Square 1 9 I necessary clearing and grading, as noted in these specifications, as approved ·vard 500 by City Engineer. 111 Install St. Augustine Solid Sod in place, if necessary, including planting soil, Square 1 10 I grading, leveling of the swale area and top dressing, as approved by City Foot 2,000 Engineer. Ill Erect/ stake and br.ace fallen trees/palms, any size, including all 11 I appurtenances on an "as needed" basis at locations citywide, close to the I Each I 50 project location. 111 2 create·: Tahna Grav April 4, 201s Total Cost Unit Cost UJj 3..44 I$ 111 $ 4.11 I$. I llS o.s1 Is 111 s 19.15 I s lllS 28.881 $ $ 23.,69 $ $ 311.66 $ 111 s 16.671 $ 111 s 12.61 Is 111 s 8.33 I$ 111 s 20i.29 I s Total Cost II _ ..... I Total Cost •• I 688.ooo.oo I 411,000.00 I I I 153,ooo.oo I 95,750.00 I I I I ·144,400.oo I 118,450.00 I 15,583.00 I 83,350.00 I 6,305.oo I 16,660.00 I 10,064.50 I 0 0 0 0 0 0 0 0 0 0 0 APP''''''~ IFB 781382 Sidewalk Repair/Replacement Standa~d 6-inch concrete driveway approach, more or less, including removal 12 1and disposal of existing concrete/asphalt driveway approach, tree trimming, Square 1,000 tree root trimming, tree root removal and restoration of the area at any Foot citywide location·. 111 111 s 8.111 $ 8,110.00 I 0 13 1Provide and install traffic signal pull boxes located in sidewalk to be replaced, if necessa at an cit wide location. Each 10 111 111 s 1.214.86 I s 12,.748.60 I 0 Prepare 6.-inch sub base for locations where there are no existing sidewalks, Square 1 14 I including clearing and grading, new fill material, compaction and leveling of 2,000 the area, etc. Foot 111 111 s O.S3 I$ 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 15 I including but not limit to compaction and 1.eveling around the pruned roots, 2,00Q grade to· COM PW Standards, placement of sod or.asphaltic pavement as Foot applicable, and maintenance the valley drainage area in order to properly adjust rain water flow into existing catch basins as per Misc. 35-85-27. 111: 1.341 $ 2,680.001• 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 pave rs, including removal of existing bricks, reworking the sand base, adding new.sand, etc .•. clearing and grading, Square I 17 I tree trimming, tree root removal, new fill material, compaction and leveling S,000 of-the area, etc. and resetting the existing bricks in same area, at any location Foot citywide. 111 s 1.891 $ 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, Square I 18 I tree trimming, tree root removal, new fill material, compaction and leveling 5,000 of the area, utility rim border, etc., and installing new brick pavers, at any Foot location citvwide. I 111 111 s 6.92 I$ 34,600.00 I 0 !Typical 4'x4', more or less, 6"x12" concrete planter/header for those :1.ocations where the p.1.anters/headers are damaged or non existing and . 19 I located where the brick sidewalk will be installed/ reset including clearing and I Linear I 1,000 grading, tree trimming, tree root removal, new fill material, compaction and Foot leveling of the area, etc. at any location citywide. $ 20.74 $ 20,740.00 I 0 20 I Install root guard per PW Bulletin No. 33. Linear I Foot 500 $ 67.10 $ 33,550.00 I 0 21 I Remove and dispose of tree stumps, including roots, any size at various Each I 10 locations if necessary, at any location as approved by City Engineer. $ 335.49 $ 3,354.90 I 0 22 1concrete sidewalk grinding to be used only as a temporary measure to fix I Linear I 1,000 uneven sidewalk. Contractor must provide its own water for dust control. Foot 25.97 $ 25;970.00,. 0 $50,000.00 $50,000.00 CIAL PROVISION= Contingency Allowanc io,435,250.00 I s· .2,011,923.50 I NON-RESPONSIVE AWARDED VENDOR ~ Approved: 2 Creatr · '·v: Tahlia Gray April 4, 2018 L IFB 781382 Sidewalk Repair/Replacement RJ Spencer·Construction, LLC Line I No. Pay Item Description I Unit I Qty I Unit Cost I Total Co.st Install standard 4-inch, 3,000 psi concrete sidewalk, ramp and sidewalk I Square 1200,000 1 !landing, in.eluding tree root and branch trimming, tree root removal and restoration of the area. Foot Install standard 6-inch 3,000 psi concrete sidewalk/ driveway, ramp and 2 I sidewalk landing including tree trimming, tree root removal and restoration I Square I 100,000 of the area. Foot 3 1Remove and dispose of concrete sidewalk (4" or 6" thick concrete or any thickness of sidewalk or asphalt pavement), more or less, at any location. I Square I 300,000 Foot Standard or depressed concrete curb (any type·), more or less, including 4 1removal and disposal of.existing curb or curb and gutter, base preparation I Linear I and including. adjacent pavement restoration, if necessary,.as per Misc. 35-85 Foot S,000 22. Standard concrete curb and gutter (any type), more or less, including {emoval and disposal of existing curb or curb and gutter, base preparation I Linear I 5 an.d including adjacent pavement restoration, if necessary;as per Misc. 35-85 Foot 5•000 22. Standard concrete valley gutter '(any type, any size)., more or less, including 6 1removal and disposal of existing valley gutter, curb or concrete gutter, base preparation and including adjacent pavement restoration, if necessary, as I linear I 5,000 Foot per Misc. 35-85-22. 7 1Provide and install water meter boxes located in sidewalk to be replaced, at I any location as-approved by City Engineer. Each I 50 8 1 Type "S-111" asphaltic concrete surface course including bituminous tack coat, I Square I d ' h 'fi . d b c . d 5,000 as note 1n t ese spec1 1cat1ons, as approve y 1ty Engmeer. Var. 8-inch thick compacted limerock base with primer oWsu·rface including 9 !necessary clearing and grading,_as noted in these specifications, as approved I Square I 500 . . . ~~ by City Engineer. Install St. Augustine Solid Sod in place; 'if necessary, including planting soil, !'Square I 2,000 10 I grading, leveling of the swale area and top dressing, as approved by City En11ineer. Foot Erect/ stake and brace fallen trees/palms, any size, including all 11 !appurtenances on an "as needed" basis at location·s citywide, close to.the I Each I 50 roject location. ~tandard 6-inch concrete driveway approach, more or less, induding 12 {emoval and disposal of existing concrete/asphalt driveway approach, tree trimming, tree root trl'mming, tree root removal and restoration of the area I Square I 1,000 Foot at any citywide location. 1 crea(v: Tahlia Gray April 4, 2018 GPE Engineering and General Contractor Corp. Metro Express, Inc. Unit Cost Total Cost Unit Cost Total Cost $ 3.42 I$ 684,ooo.oo 11 $ 4.oo I $ 800,000.00 $ 4.10 I$ 410,000.00 11 s 4.75 I $ 475,ooo.oo s o.53 Is 159,ooo.oo 11 $ o.5o I $ 150,000.00 $ 19.56 I $ 97,800.00 11 s 18.00 I $ 90,000.00 $ 29.42 I$ 147,100.00 11 $ 18.00 I $ 90,000.00 $ 24.09 I$ 120.450.00 11 s 18.oo Is 90,000.00 $ 313.33 $ 15,666.50 $ 300.00 $ 15,000.00 $ 16.87 $ 84,35.0.00 $ 27:00 $ 135,000.00 $ 12.74 $ 6,370.00 $ 15.00 $ 7,500.00· s 8.29 $ 16,580.00 $ 2.00 $ 4,000.00 $ 201.56 I$ 10,078.00 $ 200.00 $ 10,000.00 $ 8.17 I$ 8,170.00 6,000.00 Approved by: 1 1 , ,, IFB 781382 Sidewalk Repair/Replacement 13 Provide and install traffic signal P.Ull b0xes located in sidewalk to be replaced, Each 10 if necessarv. at anv citvwide location. $ 1,276.50 $ 12,765.00 $ 500.00 $ 5,000.00 Prepare 6-inch sub base for locations where. there are no existing sidewalks, Square. 14 including clearing and grading, new fill material, compaction and leveling 0f 2,000 the area, etc. Foot $ 0.54 $ 1,080.00· $ 2.00 $ 4,000.00 Remove existing asphalt, concrete pr 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, Square 15 including but not limit to compaction and leveling· around the· pruned roots, 2,000 grade to COM PW Standards, placement of sod or asphaltic pavement as Foot 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. $ 1.37 $ 2,740.00 $ 4.00 $ 8,000.00 16 Install (cast in· place) detectable warning pads, per Misc. 35-85-22. Each 250 $ 268.73 $ 67,182.50 $ 300.00 $ 75,000.00 Remove and reset existing standard brick pavers, including removal of existing bricks, reworking the sand base, adding new sand, etc., clearing and Square 17 grading, tree trimming, tree root removal, new fill material, compaction and 5,000 leveling of the area, etc. and resetting the exii;ting bricks in same area, at any Foot location citvwide. $ 1.93 $ 9,650.00 $ 6.00 $ 30,000.00 New standard brick pavers installation, including removal of-existing broken bricks, reworking:the sandy base, adding new sand, etc., clearing and Square 18 grading, tree trimming, tree root removal, new fill' material, compaction and S,000 leveling of the area, utility rim border, etc., and installing new brick pavers, Foot at anv location citvwide. $ 6.97 $ 34,850.00 $ 9 .. 00 $ 45,000.00 Typical 4'x4', more or less; 6"X'l2" 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 installed/ reset including clearing 1,000 and grading, tre.e trimming, tree root removal, new fill material, compaction Foot and leveling of the area, etc. at any location citywide. $ 21.15 $ 21,150.00 $ 18.00 $ 18,000.00 20 Install root guard per PW Bulletin No. 33. Linear 500 Foot $ 67.19 $ 33,595.00 $ 10.00 $ 5,000.00 21 Remove and dispose of tree stumps, including roots, any size a.t various Each 10 locations if necessary, at any location as.approved by City Engineer. $ 335.92 $ 3,359.20 $1,000.00 $ 10,000.00 22 Concrete sidewalk grinding to be used only as a temporary meas.ure to fix Linear l,QOO uneven sidewalk. Contractor must provide its own water for dust control. Foot $ 26.00 $ 26,000.00 $ 10.00 $ 10,000.00 23 SPECIAL PROVISION = Contingency Aliowance $50,000.00 $50,000.00 $50,000.00 Total Bid s 10,435,250.00 s 2,021,936.20 $ 2,132,500.00 NON-RESPONSIVE PRIMARY VENDOR SECONDARY VENDOR 2 crel 'iy: Tahlia Gray April 4, 201s App<O"d byo~ r City of Miami Invitation for Bid (IFB) IFBNumber: Title: Issue Date/Time: IFBCiosing 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 Loc a tion: Contracting Officer E -Mail Address: Contr acting Offi cer Facsimile: Procur ement Department Mia mi Riverside Center 444 SW 2nd Avenue, 6•h Floor Miami , Florida 33130 Web Site Address: www.mjamigov.com/procuremenl 781382 Invitation for Bid for Citywide Sidewalk Repair and Replacement 06-MAR-2018 27-MAR-2018@ 14:00:00 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 March 20 , 2018 at 5:00 p.m. Gray, Tahlia City of Miami -City Clerk 3500 Pan American Drive Miami FL 33133 US tgray@miamigov.com 305 -400 -5019 Page 1of6 1 r Certification Staterrien 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, or person submitting a submission for the same materials, supplies. equipment, or serviee , and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terrris and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign ypur 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 r Certifications 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 Subcont.ractor(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 mar<;) 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 r Line: 1 Description: Bidders are not required to enter a unit price on this line. Bidders shall submit their prices on Attachments G and/or H -Price Sheet, located in the Header/ Attachments Section of this Solicitation in the Oracle/iSupplier Sourcing System. Category: 91382-00 Unit of Measure: Dollar Unit Price: $ ___ _ Number of Units : 1 Total: $ ____ _ Page 4 of6 1 r Invitation for Bid (IFB) 781382 Table of Contents .. . Terms an d 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 2.1.1) 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 MANAG ER ............................................................................................................... 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 PROP ERTY ................................................................... 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) LO CAL PREFERENCE .......................................................................... : .................................. 36 2.2.c) DAVIS -BACO N 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 Page5of61 r Invitation for Bid (IFB) 781382 2.2 .f) 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) ......................................................................................................... .41 2.3. GROUP 2 -NON -FEDERAL FUNDED PROJECTS .......................................................................... 41 2.3.a) INTRODUCTION ....................................................................................................................... 41 2.3.b) PERFORMANCE BOND ........................................................................................................... 41 2.3.c) CITY OF MIAMI LIVING WAGE ORDINANCE ................................................................... A2 2.3.d) LOCAL PREFER ENC E ............................................................................................................. 42 3. Specifications ......................... : ......................................................................................................................... 43 3.1 . SPECIFICATIONS/SCOPE OF WORK ............................................................................................... 43 3.2. PLANTING ........................................................................................................................................... 53 3.3. SODDING ............................................................................................................................................. 58 Pa ge 6of61 r Invitation for Bid (IFB) 781382 Terms and Conditions 1. General C<ii1cHtions 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 co s t of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitalion for Bids, Request for Proposals, Request for Qualifications, or Reque s t for Le tters of Int erest pursuant to th e City o f Miami Procurement Code and/or Florida Law, as amended . Formal Solicitation and Solicitation shall be defined in the same ma nner herein . 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT-Any good(s) or equipment delivered under this formal solicllation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafte r is accepted as satisfactory to the City. It mus t comply with th e ter ms herein and be fully in accordance with specifications and of the highest quality. In th e event the goods/equipment s upplie d to the City are fOlmd to be defective or do es not conform to specifications, the City reserves the ri g ht to cance l th e order upon written notice to th e Contractor a nd re turn the produc t to th e Contractor a t the Contractor 's expense. 1.2. ACCEPTANCE OF OFFER -The s igned or electronic s ubmission of your solicitation response shall be considered an offer on th e 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 rig ht to accept or rej ect any or all res ponses or parts of after opening/closing date and request re-issua nc e on th e goods/services described in the form a l so licitation . In th e eve nt of such rejection, the Director of Purchasi ng shall no tify all affected bidders/proposers and make avaiJable a written explanation for th e rejection . T he C ity a lso reserves the ri g ht to rej ect the response of a ny bidder/proposer who has previously fa iled to properly perform under the term s and co nditions of a co ntract, to d elive r on time contracts of a similar nature , and who is not in a po sition to perform the require ments 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, a t its discretion, r e-issue this formal so licitation. 1.4. ADDENDA -I t ls the bidder 's/proposer's respo nsibility to ens ure receipt of all Addenda. Addenda are ava ilable a t th e City's website a l: http://www .cl.miami.fl.us/procuremenl 1.5. ALTERNATE RESPONSE S WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT -Contractor agrees not to s ubcontrac t, ass ig n , transfer, c o nvey, sublet, or oth erwise di spose 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. ATIORNEY'S FEES -In co nn ec tion with a ny litigati on, m ediation and arbitration aris ing out of this Con tract, each party shall bear their own attorney 's fees throug h and including appellate litigation and any pos t-judg ment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION -T he Successful B idd er/Proposer agrees to provide access at all reasonable times to the C ity, or to any of its duly a uthorized r eprese ntatives, to any books, document s. papers, a nd reco rds of Contrac tor which are direc tly pertinent to this form a l solicitation, for th e purpose of a udit, examin ation, excerpts, and transcriptions. The Successful Bidder/Proposer s hall maintain a nd retain any and all of Page 7 of 61 Invitation for Bid (IFB) 781382 the books, documents, papers and records pertinent to the ConLract for three (3) years after the City makes final payment and all other pending mailers 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-governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) al the contract price(s) es tablished herein, when permissible by federal, slate, and lo cal 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, deterntine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AW ARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensu ing 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 of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such dQcuments are not submitted in a timely manner and in the form required by the City. Where Bidder/Prop9ser 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 inost advantageous to the City or re-solicit the City's requirements. The City, al its so le discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty. if applicable, as a result of damages or in creased costs sustained as a result of the B idd er's/Proposer's default. ~ D. The term of the con tract shall be specified in one of three docwnents whic.h shaU 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 hundreo twenty (120) cale.ndar days beyond the slated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited. evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the con[ract at the same price, terms and conditions for a specific number of days. Additio·nal extensions over the first one hundred twenty (120) day extension may occur, if, the City a·nct the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a singl.e shipment of goods to the City , the contract term shall conclude upon completion of the expressed or iniplied warranty periods. ~G. The City reserves the right to award the contract on a sp lit-order, lump sum or individual-item basis, or such combination as shall best serve the interests df the City unless otherwise specified. H. A Contract/Agreement may be awa rd ed to the Bidder/Proposer by the City Conunission ba·sed upon the minimum qualification requirements reflected herein. As a resu lt of a RFP. RFQ , or RFU. the City reserves the right to execute or not execute, as app li cab le, an Agreeri1ent with the Proposer, whichever is determined to be in the Page 8 of 61 r 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 d o business in the -State of Florida, payable to the City of Miami, fo r 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 th e order or contract/agreement, as bid/proposed, if it Is awarded to bidder/proposer. Bidder/Proposer 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 to unsuccessful bidders/proposers within ten (10) days after the award and s uccessful 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 been 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, respo nsible Bidder or Proposal most advantageous to th e 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 bidderiproposer catalog numb ers are specified, it is for the purpose of establishing the type , function, minimum standard of design, efficiency, grade or quality of goods only. When th e 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 sels of necessary data (factory information s heets, specifications, brochures, e tc.) in order for the City to evaluate and determine the equality of the ltem(s) bid/proposed. The C ily s hall be the so le judge of equality and its decis ion shall be fina l. Unless otherwise specified, evidence in the form of samples may be requested if th e proposed brand is other than specified by the City . Such samples a re to be furnished afte r formal so lic itation opening/closing only upon request of the City. If samples should be requested, s uch sampl es must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION -The City reserves the right to cancel all formal so li c itations before its opening/closing. In the event of bid/proposal cancell a tion, the Director of Purchasing shall notify all prospec tive bidders/proposers and make available a writte n explanation for the cance llation. 1.16. CAPITAL EXPENDITURES -Contractor understands 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 bus iness risk which th e contractor mu st assume. The City will not b e obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contrac tor has been unabl e to reco up its capital expenditures during the time it is rendei'ing such goods/services, it shall not have any claim upon th e City. 1.17. CITY NOT LIABLE FOR DELAYS -It is fmther expressly agreed that in no event shall th e City be liable for, or responsible to, th e Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for , or on account of. any stop pages or de lay in the work herein provided for by injunction or other lega l or equitable procee dings or on acco unt of any delay for any cause over which th e City has no co ntrol. 1.18. COLLUSION -Bidder/Proposer, by submitting a response, certifi es that its response is made without previous understanding, agreement or connection either with any person, firm or corporation s ubmitting a response Pag e 9 or 6 1 Invitation for Bid (IFB) 781382 for th e same items/services or with the City of Miami's Purchasing Depa rtme nt or initiating department. The Bidder/Proposer certifies th a t its response is fair, without control, coJlusion, fr a ud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interes t and Code of E thics Laws. The City will investigate all potential situations where co llusion may have occurred. ii nd the City reserves the right to reject ai1y and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS -Contractor und e rstands that contracts between private entities and local governments are s ubject to certain laws and regulations, including laws pertaining to public records, conflict of Interest, records keeping, etc. City and Contractor agree lo 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, a pplicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: e mployment 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 applicab le 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-1), as applicable to this Formal Solic ita tion. H. Na tional Fot:est Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Co nfl ict of Interest, Ci ly Code Section 2-611 ;61. K. Cone of Sile nce, City Code Section 18 -7 4. 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 fo r relief from respo11sib lllty. No n-compliance with all local, state, and federnl directives, orders , and laws may be considered grounds for termination of contrac l(s). Copies of th e City Ordinances may be obtained from the City C lerk's Office. 1.20. CONE OF SILENCE -Pursuant to Section 18 -7 4 of the City o f Miami Code. a "Cone of Sile nce " is im posed upon each R FP , RFQ, RFU, or IFB after a dvertisement and terminates at the time the City Manager iss ues a written recommendallon to the Miami City Commission. The Cone of Silence s hall be applicable only to Contracts for the provis ion of goods and services and public works o r improvemen ts for amounts g re ater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFU or IF Bs (bids) belween, a mong o th ers: Potential vendors, servi ce providers , bidders, lobbyis ts or consu ltants and th e City 's profess ional s taff including, but not limited lo, Lhe Clly Manager and the City Manager's s taff; the Mayor, City C ommissioners, or th e ir respective staffs and any m e mbe r of th e respec tive selection/ev aluation co mmittee . The provision do es · not apply to , among other communications: Page 10 of 6 1 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 lo oral communications at duly noticed sile 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 the Miami City CommisSion dtufog 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); 01· 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 Cily 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, violation of th e 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 lo the State Attorney and/or may file a complaint with the Ethics Commission. Propos ers 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 subject 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. 1.22. CONFLICT OF INTEREST -BiddersiProposers, by responding to this Formal Sol!citalion, certify th at lo the best of their knowle dge or belief, no elected/appointed official or employee of the City of Miami Is financially Inte res ted, directly or indirectly, in the purchas e 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 fiv e 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 hi s/her/its trus t, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/h erself/itself, or others. Bidde r/Proposer may not di sclose 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 contrac ted or transacted any business with th e City or any perso n or agency acting for the City, and has not appeared in re presentation of any third party before any board, commission or agency of the City within the pas t two years. Bi dder/Proposer further warrants that he/s he/i t is not related, s pecifically the spouse, son, dau ghter, pare nt, brother or s ister, to : (i) any membe r of lh e commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any bo ard 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 11of61 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 patent rights in manufacturing, producing, or selling the goods shipped or ordered ancVor services provide d 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 de bar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for s uch party to be heard , the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the a uthority to d ebar a Contractual Party, for th e causes listed below, from consideration for award of city Contracts. The debarme nt 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 dete rmination. The authority to debar and suspend contractors shall be exercised in accordance with regulations w hich 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 suspens ion include th e following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contracl or subcontract, or incident to th e performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsificallon or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business hones ty. (3) Conviction under state or federal antitrust statutes CJrising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which ls regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in acco rdance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure lo perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspe ns ion 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 zoni ng ordina nce or any other city ordinance or regulation and for which the violation remains non complianl. (8) Found in violation of a z oning ordinance or any other city ordinance or re g ulation and for which a c ivil 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 Page1 2 of61 r Invitation for Bid (IFB) 781382 responsibility of the Contractual Party performing city Conb·acts. (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. Subj ect to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for th e debarment or suspension. A copy of the decision shall be provid ed 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 debarred 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 entity for the construction or repair of a public building or public work, may not submit response on leases of real prope rty lo a public entity, may not a~vard or perform work as a contractor, supplier, subcontractor, or consultant und er 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 avvard, 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 thi s agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excl uded) to remedy the default. Failure on the contractor's part to correct the d efault within the required three (3) days shall res ult 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 und e r the Contract and/or within the time required or failing to use the s ub co ntractors, entities and personn e l as identified and set forth , and to the degree specified in the Contract. · B. Failure to begin th e work und er this Contract within the tim e specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure llmely completion. D. Neg lecting or refusing to remove materials or p erform new work where prior work has been rejected as nonconforming with the terms of th e 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 rend ers the successful Bidder/Proposer incapable of performing the work in accordance with and as require d by the Contra ct. F. Failure to comply with any of the terms of the Contract in any material respect. All cos ts and charges inc urred by the City as a result of a default or a defa ult inc urred beyond the time limits stated, together with the cost of completin g the work, shall be deducted from any monies due or which may become clue on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS -Each Res ponse will be reviewed to determine if it is responsive to the submission re quirements ou tlined in the Forma l Solicitation . A "responsive" response is one which follows th e requirements of the formal solicitation, includes all documentation, Is submitted in the format outlined in the formal solicitation, is of time ly 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 in 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 City 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 in 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 PERFORMA!'J'CE -In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City 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 th e City of Miami and Contractor in cases involving RFPs, RFQs, and RFLis, and represents the entire understanding and ag re ement between the parties with resp ec t to th e subject matter hereof and supersedes all other negotia tions , understanding and representations, if any, made by and between th e parti es. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and co nditions 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 qua ntities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities thal 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 thi s c ontract. Said estima tes may be used by the City for purposes of d e termining lhe low bidd er or most advantageous proposer meeting specifications . The City reserves the ri g ht 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 rej ect a Response for any of th e following reas ons: Page 14 of61 r Invitation for Bid (IFB) 781382 l) 2) 3) 4) 5) 6) Bidder/Proposer fails to acknowledge receipt of addenda: Bidder/Proposer mistates or conceals any material fact in the R esponse ; Response does not conform to the requirements of the Formal Solicitation; Response requires a conditional award that conflicts with the method of award; Response does not include required samples, certificates, licenses as required; and, 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 defaulte r 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 re g ularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfac tory record of perfonnance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipme nt and organi zation" as used herein shall be co nstrued 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, te c hnica l and other qualifications and abiliti es of a Bidder/Proposer, including pas t performance (e xperi e nce) wilh the C ity 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 d es ign a ted as an authorized representative of a manufacturer or supplier which is 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 lis ted on the Response and shall reference th e s ection. Any excepti o ns Lo the General or S pecial Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be c ause for a RFP, RFQ, or RFU to be considered non-responsive; and, if exceptions are taken to lh e te rms and conditions of the resulting agreement it may lead to terminating negotiations . l.36. F.O.B. DESTINATION -Unless otherwise specified in th e Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all d e liv ery costs a nd charges included in th e bid/proposal price, w1l ess otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICE S -The bidder/proposer warrants that prices, term s, 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 th e period of performance or resulting purchase orders or con tracts, which a re to be performed Page 15 of 61 r Invitation for Bid (IFB) 781382 or supplied over a period of time. 1.38. 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 Is 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 infla tion using the cons umer 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 adjuste d minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on Septe mber 30th of each year and take effect on the following January 1st. At the time of responding, it is bidd er/proposer and hi s/her subcontractor(s), if appli cable, full responsibility to determine whether any of its employees may b e impacted by this Florida Law a t any given point in time during th e term of the contract. If impacted, bidd e r/proposer must furnish employee name (s), job titl e(s), job description (s), and c urrent pay ra te (s). Failure to submit thi s informa tion at the lime of submitting a response constitute successful bidder's/propos er's ac knowledgement 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 pri ce increase(s) determination . 1.39. GOVERNING LAW AND VENUE -The validity and e ffe ct of this Contract s hall be governed by th e laws of th e State of Florida . The parties agree th at any action, mediation or arbitration arising out of this Con tract shall take pl ace in Miami-Dade County, Florida . In any action or proceeding each party s hall bear lheir own respective attorney's fees. 1.40. HEADINGS AND TERMS -The headings lo the various paragraphs of this Contract have been ins erted for convenient reference only and shall not in any manne r be construed as modifying, amending or affecting in any way th e expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) -Any person or e ntity that performs or assists th e City o f Miami with a function or activity involving th e use or disclosur e of "individually identifiable health information (III-II) and/or Protected Health Information (PHI) shall comply with the Heallh Ins urance Portability and Accountabilily Act (HIPAA) of 1996 and the City of Miami Privacy Standards . HIPAA mandates for privacy , security a nd electronic transfer standards, which include but are not limited to: A. Use o f information only for performing services require d by th e contrac t or as require d by law; B. Use of appropriate safeguards to prevent non-p ermitted di scl os ures; C. Reporting to the City of Miami of any non -permitled use or di s closure ; D. Assurances th a t any agents and s ub co ntra c to rs agree to the same restric tions and conditions that apply to th e Bidder/Proposer and reason able assurances that IIHI/PHI will be held confide ntial; E. Making Protected Health Information (PHI) availa ble to th e customer; F. Making PHI avail ab le to th e customer for review a nd a mendment; and incorpo ra tin g any amendments reques ted by th e cus tom er; G . M a king PHI avail able to the City of Miami for an acco unting o f disclosures; a nd H . M aking inte rnal practices, books a nd record s rela ted to PHI avail able to the C ity of Miami for compliance audits. PHI sha ll maintain its protected s tatus rega rdless o f th e form a nd method of transmission (paper records, a nd /or electro n ic transfer of data). The Bidder/ Proposer must give its customers w ritte n notice of its privacy information Page 16 of61 r Invitation for Bid (IFB) 781382 practices including specifically, a desc ription of the types of uses and disclosures that would be made with protected health information . 1.42 INDEMNIFICATION· Contrac tor 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 no t limited lo reasonable attorney's fees, to the extent caused by th e negligence, rec klessness or intentional wrongful misconduct of Contrac tor and persons employed or utilized by Contractor in the pe rformance of this Contract and will ind emnify, hold harmless and defend the City, Its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries 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 th at any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, re s ist and d e fe nd such action or proceeding by counsel satisfactory to City . The Contractor expressly understands and agrees that any ins urance protection required by thi s Contract or othe1wi se provided by Contractor s ha ll in no way limit th e respons ibility to inde mnify, keep and save harmles s and defe nd the City o r Its officers , employees, age nts and instrumentalities as herein provided. The indemnification provided above shall ob ligate 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 a nd all claims of liability and all s uits and a c tions of every nam e and description which may be brought against City whethe r performed by Contrac tor, or persons e mployed or utilized by Contractor. This indemnity will survive the cancellati on or expiration of th e Contract. This in demnity will be interpreted unde r the laws of the State of Florida, including without limitation and which conforms to the limita tions of §725.06 ancl/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 he ld li able or responsible for a ny claims which may result from any actions or omissions of the Contractor in which th e City participated either through revi e w or concurre nce of the Contractor's a ctions. In reviewing, approving or rejecting a ny s ubmissions by the Contractor o r other acts of th e Contractor , th e City in no w ay assumes or s ha res a ny responsibility or liablllty of th e Contractor or S ub-Contractor, unde r th is Ag reement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE -Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Furthe r, as may be specified elsewhere, each Bidder/Proposer must s ubmit for eva lu a tion , cuts, sketches, desc riptive literature, technical specifications, a nd Material Safely Data S h eets (MS DS)as required , co vering th e produc ts offered . Reference to literature s ubmitted with a previous response or o n file with the Buyer will not satisfy this provision. 1.44 . INSPECTIONS · The City may, at r easonable times during the term he reof, inspect Contrac tor's fac ilities and perform s uch tests , as th e City deems reas onably ne cessary, lo de termine whe th er the goods a nd/or services re quired to be provide d by the Contractor under this Contract conform to the te rms and conditions of the Formal Solicitation. Contractor shall make available to th e City all reasona bl e facilities and assistance to fa c ilitate the pe rfo rmance of tes ts or inspections by C ity represen tatives. All te s ts and inspections s hall be s ubj ect to, and made in accorda nce with, the provisions of th e C ity of Miami Ordina nce No. 1227 1 (Section 18-79), as sa me may be amended or supplem e nted from time to time. 1.45. INSPECTION OF RESPONSE · Res ponses received by th e City purs u ant to a Fo rma l Solicitation will not be made a vailable until s uc h ti m e as th e City provides notice of a decis ion or in te nde d decision or within 30 days afte r bid closi ng, which ever is earli e r. Bid/Proposal res ults will be tabulated a nd may be furnished upon requ est via fax or e -mail to the Sr. P roc urem ent S pecialis t issuing the Solicitation. Tabulations also are ava il abl e on the C ity's Page 17 of 6 1 Invitation for Bid (IFB) 781382 Web Sile following recornmendation 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 Purc hase 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 notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor falls to submit the required insurance documents in the manner prescribed in this Solicitalion 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 coqjunction 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/Propose r . 1.47. INVOICES -Invoices shall contain purchase order number and details of goods a nd/or services delivered (i.e. quantity, unit price, extended price, etc); a nd in compliance with Chapter 218 of the Florida Statutes (Prompt Payment A c t). 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 , rnsponslble local bidders who maintain a local office, as defined in Section 18-73, is within fifteen p e rcent (15%) of the price submitted by the non-l ocal 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 lowe r 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 s ubmitting 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%) pe rcent evaluation crllerion in favor of propose rs who maintain a local office, as defined in Section 18-73. In s uch cases, this five (5 %) percent evaluation c riterion in favor of proposers who maintain a local office will be specifically defined in the RFP, R FU or RFQ, as a pplicable; otherwise , it will not apply. 1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidde rs/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 b ear full liability. · 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS -No contract or unders tanding to modify this Forma l Soli citation and resulta nt purchase orders or contracts, if applicable, sha ll be binding upon th e City unless made in writing by th e Director of Purchasing of the City of Mia mi, Florida through the issuan ce of a change order, addendum, amendment, or supplement to the contract, purch ase order or award s he e t Page 18 of6l 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. NON CONFORMANCE 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. Ilems delivered nol confo1ming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non-conforming items not delivered as per delivery date in the res ponse and/or Purchase Order 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, nalional 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 origin, ·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 c onduct of its business , including performance of services and employment of pers onnel, 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 reserv es th e right to advertise for, receive, and awa rd additional contracts for these herein goods and/or services, and to make use of oth er competitively bid (governme ntal) contracts, agreements, or other similar sources for the purchase of th ese 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 th e City in conjunction with construction projec ts are solicited under a distinctly different so licitation process and shall not be purchased under the te rms, co nditions and awards rendered under this solicitation, unless such purchases are determined to be in th e bes t interest of the City. 1.55. OCCUPATIONAL LICENSE -Any person, firm, corporation or joint venture , with a business location in the Cily of Miami and is submitting a Response unde r this Fmmal Solicitation shall m eet the City's Occupa tional License Tax requirements in accordance with Chapter 31. l, Article I of the City of Miami Charter. Oth ers with a location outside the City of Miami shall meet their local Occupationa l Li cense Tax requirements . A copy of the li cense mus t be submitted with the res ponse: howeve r, th e City may at its sole option and in its best interest allow the Bidder/Proposer to supply the lice nse to the C ity during the evaluation period, but prior to a ward. 1.56. ONE PROPOSAL -Only one (1) Response from an individual, firm, partne rship, 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 betw ee n the parties that any doc ume nt s, records, files , or any other matte r whatsoever which is give n by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain th e 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 th e applic ation thereof to any pe rson or circumstance shall to any extent be held invalid, then the remaind er of this Contract or the application of s uch provision to persons or circumstances other th a n 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 fulles t extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND-A Contractor may be required to furni sh a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to o ne hundre d percent (100%) of the contrac t price . 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) -Bidde rs/Proposers a re expected to examine th e specifications, required de livery, drawings, and all s pecia l and general conditions. All bid/proposed amounts, if required, shall be e ith er typewritten or entered into the space provide d 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 th e Formal Solicitation. The Bidder/Proposer s hall sign the Re s ponse a nd print in ink or type the name of the Bidder/Proposer, add ress, and te lephone number on th e face page and on each continuation sheet there of on which he/she makes a n entry, as req uired. B. If so re quired, th e unit price fo r each unit offered sh a ll be s how n, and such price s hal l include pac kaging, handling and s hipping, a nd F.O.B. Mia mi d e livery inside City pre mises unless othenvise s pecified. B idder/Proposer shall include in the response all ta,'<'.es, Insurance, social security, workmen's compensation , and any other bene fits normally p aid by th e Bidde r/Proposer to its employees. If applicable, a unit price shall be ente red In the "Unit Price " column for each item. Based upon estimated quantity, a n extended price s ha ll be entered in the "Extended Price" co lumn for each item offered . In case of a d iscre pancy be tween the unlt price and ex tended price, the uni t price will be presumed correct. C. The Bidder/Proposer mus t s tate a d efinite time, if required , in cale nd a r days fo r de livery of goods a nd/or services. D. The Bidder/Proposer should retain a copy of all response do c uments for future r eference. E. All responses, as d escribed, must be fu ll y com pleted and typed or printed in ink a nd must be s ig ne d in ink w ith the firm 's n am e and by an officer or emp loyee hav ing a uthority lo bind the company or firm by his /he r s ignatu re . Bids/Proposals having any erasures or corrections must be initia led in ink by person signing the response or the response m ay be rej ected. F. Res ponses are to rem a in valid for a t least 180 days. Upo n award of a contract, the content o f the S uccessful Bidde r 's/Proposer's re s ponse may be included as part o f the contract, at the C ity's disc retion . G. The C ity of Miami's Response Fo rms s hall be used whe n B idder/Proposer is s u bmittin g its resp o nse in hardc opy format. Use of a ny other forms will r esult in the rej ection of the response. I F S UBMITTIN G H ARDCOPY FOR M AT. THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPE CIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RET URNED TO THE CITY OR YOUR RESPO NSE M AY BE DEEMED NON-RESPONSNE. 1.61. PRICE ADJUSTMENTS -Any price d ec rease e ffect uate d during the co ntract period e ilh e r by reason of Page 20 of61 ( Invitation for Bid (IFB) 781382 market change or on the part of the contractor to other c ustomers s hall 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 th e term of the Contract, the Contractor awarded that item may arrange with the City's authorized re pres entative(s) to supply a substitute product at the awarded price or lower, prov ided that a sample is approved in a dvance of delivery arid that th e new product meets or exceeds all quality re quirements. 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 th e City to sollcit or sec ure 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, th e award of this Contract. 1.64. PROMPT PAYMENT-Bidders/Proposers may offer a c ash discount for prompt p aym ent; however, discounts shall not be considered in d etermining the lowest ne t cost for response e valuation purposes. Bidde rs/Proposers are required to provide their prompt payment te rms in the space provided on the Formal Solicita tion. If no prompt payment discount is being offered, the Bidde r/Proposer must enter zero (O) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to e nter 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. Whe n the City is e ntitle d to a cash discount, the period of computation will commence on th e elate of d e livery, or receipt of a correctly comple ted invoice , whichever is later. If an adjustment in payme nt is n ecessary due to damage , the cash discount pe riod shall commence on the date fin al approval for payme nt is authorized. If a di scount is part of the contract, but the invoice does not reflect the exis tence of a cash discount, the City is entitled to a cash discount with th e period comme ncing on the date it is determined by the City that a cash dis count applies. Price discounts off the original pri ces quote d on the Price Shee t will be accepted from successful bidders /proposers during the term of the contract. 1.65. PROPERTY -Property own ed by th e City of Miami is the responsibility of the C ity of Miami. S uc h prope rty furnish ed to a Contractor fo r repair, modifi cation , s tudy, e tc., shall re m ain th e property o f the C ity of Miami. Damages to such property occurring while in the possession of the Contrac tor shall be the responsibility of the Contrac tor. Damages occ urring to such properly while In route to th e City of Miami shall be the responsibility of the Contractor. In the event th a t such prope rty is destroyed or declare d a total lo ss, the Contractor s ha ll be respons ible for re placement value of the property a t the c urre nt m a rke t va lu e, l ess depreciation of th e prope rty , if a ny. 1.66. PROVISIONS BINDING -Except as othe rwise expressly provided In the resulting Contrac t, a ll c ovenants, conditions and provis io ns o f Lhe res ulting Contract shall b e binding upon and s ha ll inure to th e be ne fit o f th e parties h e reto a nd th e ir respective heirs, legal representa tives, s u ccesso rs a nd assig ns. 1.67. PUBLIC ENTITY CRIMES -A person or aff111ate who has been placed on the convic te d v e ndor li st following a conviction for a public e ntity c rime may not submit a response on a contract lo provide any goods or services to a public en tity, m ay not s ubmit a response on a co ntrac t w ith a public entity for th e construction or repair of a public building or public work, may not submit responses on leases o f real property to a public e ntity , may n o t be awarded or perform work as a contrac tor, s upp li er, s ubcontrac tor, or co ns ultant und e r a contract with any public entity , a nd may not transact bus in ess w ith a ny public entity in excess of th e thresh o ld amount provided in Section 287.017, fo r CATEGORY T WO for a period of 36 months from the date of being pl aced on the convicted vendor list. Page 21 of 6 1 Invitation for Bid (IFB) 781382 1.68. PUBLIC RECORDS -Contractor unders tands that the public shall have access, at all reasonable times , to all documents and information 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 fallure 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 constrnction of supplies, m a terials, 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 highest 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 th e hi ghest quality except as otherwise specified in this Solicllation. 1.71. REMEDIES PRIOR TO AWARD (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 ca ncelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applic ab le, 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 authorily to resolve co ntroversies between th e Contractual Party and the c ity 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 limitalion, to controversies based upon breach of Contract, mi stake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to th e City Manager. (b) Contract dispute decisions. If a dis pute is not resolved by mutual consent, th e City Manager s hall promptly re nd e r a written report s tating the reaso ns for the action taken by the City Commission or the City Manager which s hall be fin al and concl us ive. A copy of the decision shall be immediately provid ed to the protesting party, along with a notice of such party's right to seek judicial relief, provided th at the protesting party shall not be entitled to such judicial relief without fir s t having followed th e pro ce dure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec.18-104) (a) Right to protest. The fo llowin g pro cedures shall be used for res olution of protested solicitations a nd awards except for purchases of goods, s uppli es, equipment, and servi ces. the eslimated cost of which does not exceed $25 ,000 . Protests th ereo n s hall be governed by the Adminis trative Policies and Procedures of Purchasing. I.Protest of Solicitation. i. Any prospective proposer who perceiv es itself aggri ev ed in cbnnecti on with th e solicitation of a Contract may protest to th e Chi ef Proc ure ment Officer. A wrl llen notice of inte nt to fil e a protest s hall be filed with th e Chi e f Procureme nt Officer within three cl ays a ft er the Reques t for Proposals, Request for Quali ficatio ns or Req uest for Le tte rs of Interest ls publis hed in a newspa per of general circula ti on. A no tice of inte nt to fil e a protest is co ns ide red fil ed whe n rece ived by the Chief Proc ure m e nt O ffice r; or P age 22 of61 Invitation for Bid (IFB) 781382 ii. Any prospective bidder who Intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent Lo 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 lo file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Awai·d. 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 th e 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 soli citation lo 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 recelpl 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 th e 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 rel ative 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 th e 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). T his 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 C hi ef Procurement Officer at the time of filing the protest shall be permitted in 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 sec tion, the day of the act, event or d efault from which the d esignated period of time begins to run shall not be included. The last day of the period so computed s hall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of th e next day which is neither a S a turday, Sunday or l egal holiday. Intermediate Saturd ays, S undays and legal holidays shall be excl uded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have Lhe authority, s ubj ect to the approval of the City Manager and the city 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 s hall submit sa id d ecision to the Cily Commission within 30 day s after he/she re ceives the protest. In cases involvin g more than $2 5,000, the decision of the Chief Proc ure ment Officer shall be submitted for approva l or disapproval the reof to the City Commis sion a ft er a favorabl e recommendation by the city allorney and the Cily Manage r. (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 r ( Invitati on for Bid (IFB) 781382 the writlen protes t, to gether with th e required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the Lime provided in subsection (a), ab ove, s ha ll constitute a forfeiture of such party's right to file a protest pursuant to this section. Th e protesting party shall not be entitled to seek judicial reli ef without first havin g followed the pro ced ure set forth in this section (d) St ay of Procureme nts during protests . Upon rece ipt of a written protes t filed pursuant to the requirem ents of thi s section, th e city shall not proceed furth er with th e solicitation or with the award of the Contract until th e protes t is resolved by the Chief Procure ment Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written dete rmination 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 protes tor. (f) Filing Fee. The writte n protest mu s t be acc ompanied by a filing fee In the form of a mon ey order or cashier 's check payable to th e city Jn an amount equal to one percent of the amo unt of th e Bid or proposed Co ntr act, or $5000 .00, whichever is less, which filin g fee s hall guara nt ee the payment of all costs which may be adjudged agains t the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Pro cure ment Officer and/or the City Commission, as applicable, th e filing fe e shall be refunded to the protes tor le ss any costs assessed under subsection (e) above. If the protest is den ied, th e filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as pr escribe d by subsection (e) above. 1. 7 4. SAMPLES -Samples of items , when required , mu st be submit ted within th e tim e speci fi ed at no expense to the City . If not destroyed by testi ng , bidder(s)/proposer(s) will be notified to remove samples, at th eir expense, \Nithin 30 days after notification. Failure to remove th e sam pl es will result in the samples becoming th e property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES -Contractor shall not sell, assign, transfer or s ubcontract at any time during th e term of th e Contract, or any part of Its operations , or assign any portion of the performance required by thi s contract, excep t und er and by virtu e of written perm iss ion gra nted by the City through th e proper officials , which may be wit hh eld or conclitioned, in the City's sole dis cretion. 1.76. SERVICE AND WARRANTY -When specified, th e bidder/proposer shall define all wa rranty , service and rep lac ements th at will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service fac ilities are availabl e. A copy of the manufa cturer's warranty. if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS -The apparent silence of th ese specifications and any s uppl ementa l speci fi ca tion as to any detail or the omission from it of de tailed desc ription co ncerning any po int s hall be rega rd ed as meaning th at only th e best commercial practic es are to prevail and that o nl y mate ri als of first quality and correct type, size and des ign are to be use d . All workmans hip a nd se rv ices Is to be fir st qu a lity . All interpretations of these specifications shall be made upon the ba sis of thi s statement. If your firm ha s a current contract with the State of Florida, Department of General Se rvi ces, to supply th e items on thi s solicitation. th e bidder/proposer s ha ll quote not more th an the contrac t price; failure to comply with th is request w ill res ult in disqualifica tion of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES -Respo nses s hall be s ubmitted electron ica lly via th e Oracle Sys tem or re spo nses may be submitt ed in ha rd copy format to th e City Clerk, City Hall, 3500 Pan Ame rican Drive, Miami, Florid a 33 133 -55 04 , at or be fore, the specified closing date and ti me as designated in th e IFB, RFP , RFQ , or RFU. NO EXCEPTIONS. Bidders/Proposers are wel come to attend th e soli citallo n clos ing; how ever, no Page 24 of 61 ( Invitation for Bid (IFB) 781382 award will be made at that time. A. Hat'dcopy t'e sponses shall be enclosed in a sealed envelope, bo x package. The face of the envelope, box or package must show the hout' and date specified for receipt of responses, the solicitation numb er and title, and the name an d return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected . Hard copy responses received at any other location than the specified shall be dee med non -responsive. Directions to City Hall: FROM THE NORTH : I-95 SOUTH UNTIL IT TURNS INTO USI . 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 rs AT THE END OF PAN AMERICAN DR. PARKING rs ON RIGHT. FROM THE SOUTH: USl NORTH TO 27TH A VENU E, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LI GHT), 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/prop osa l. D. The responsibility for obtaining a nd submitting a res pons e 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 re ceived after the so li citation closing date and tim e will be returned unopened, and will not be considered for award. E. Late res ponses will be rejected. F. All responses are subject to th e conditions s pec ifi ed he rein. Those which do not comply with these conditions are subject to rejec tion . G. Modification of responses already submilted will be considered only if received at the City before the Lime and date set for closing of so licitation responses. All modifications must be subm itt ed via the Oracle System or in writing. Once a sollcitalion closes (closed date andior tim e exp ir es), the City ·will not co nsider any s ub sequ ent submission which alters the respons es . H. If hardcopy respons es are submitted at the sa me time for diffe rent solicitatio ns, each response musl be placed in a separa te enve lop e, bo x, or package and each enve lope, box or package must contain the information previously s tated ln 1.8 2.A . 1.79. TAXES -The City of Miami is exemp t from any taxes imp osed by th e State and/or Federal Goverrunent. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact th at alt mat er ials and supplies which are purchased by the Bidder/Propose r for the completion of th e contract is subject to th e Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and aJI amendments th ereto and shall be paid so lely by th e Bidder/Proposer. 1.80. TERMINATION -The Cily Manager on behalf of the City of Miami reserves th e ri ght to term in ate this co nt ract by written notice to th e contrac tor effective th e date specified in the notice should any of the fo llowing apply: A. The con tr ac tor ls determ ined by the City to be in br eac h of any of the terms and conditions of th e contract. B. The City has determ in ed that s uch termination will be In th e best interes t of the City to te rmin ate the con tra ct fo r Pa ge 25 of 61 r 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 sel'vices awarded to a Bidder/Proposer have been received, inspected, and found lo 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. 7 4, 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 th e 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 di s closure 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 aware 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 lo a plaintiff for damages, costs or attorney's fees and for costs and attorney's fe es 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 qualifi ed Bidder(s)/Proposer(s) shall not be paid for a ny work performed or goods de livered outside the s cope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME -T he City ls not engaged in res earch for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity mate rials containing informa tion obtained from this Solicitation are to be mentioned, or imply the name of th e City, without prior express written permission of th e City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS -For purposes of soli ci ta tio n evaluation , bidders/propose rs must indicate any variances from the solic itation specifications and/or co nditions , no matter how slight. If variations are not s ta ted on th eir Response, It will be assumed that th e product fully complies with the City's specifications. Page 26 of 61 r Invitation for Bid (IFB) 781382 2. Special Conditions 2.1. General Special Conditions 2.1.a) PURPOSE The purpose of this Solicitation is to establish a contract, for C itywide Emergency Sidewalk Repair and eplacement, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2 .1.b) DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submilled by email or facsimile Lo the Procurement Department, Attn: Tahlia Cray; f~: (305) 400-5019 or email: tgray@miamigov.com, and a copy fil ed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be referenced on alt correspondence . All questions must be received no later than March 20, 20 18 at 5:00 p .m .. All responses to questions will be sent to all prospective bidders/proposers in the forrn 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., at City of Miami MRC 8th Floor North Conference Room. 444 SW 2nd Ave, Miami, FL 33130. 2.1.d) TERM OF CONTRACT The Successful Bidc!er 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) additior1al two (2) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the toil tract beyond the initial period is a City prerogative; not a right of th e Bidder. This prerogative will be exercised only when such continuation is clearly in the best inte rest of the City. 2.1.e) METHOD OF AWARD his SolJc italion is divided into two (2) Groups: Group 1 -Federally Funded Projects; and Group 2 -Non-Federally Funded Projects. Bidders can bid on one Group or both Groups, using the applicable Price Form(s). Award of this contract will be made lo the lowest responsible and responsive bidder(s) bids on all it e ms and whose bid offers the lowest price when all items a re added in the aggregate . Failure to bid on a lt items on either price s heet shall deem your bid non-respo.nsive . The City shall select up to three (3 ) vendor(s) for each Group, with the lowest deemed the "prima ry vend0r" and the next lowest the "secondary vendor", and third as the ''terti ary vendor" in the order of lowesl prices provided to the City. Should the "primary vendor" not be able to provide the item at the lime needed, the City has the option to select the next lowes t "second ary vendor" to fulfill the order, and so on. Page 27 of 61 ( Invitation for Bid (IFB) 781382 Bidders may bid on one or both Groups. Bid price sheets located in the Header Section of this solicitation. 2.1.f) CONDITIONS FOR RENEWAL Each renewal of th.is contract is subject to the following: (1) Continued satisfactory performance compliance wilh the specifications, terms and conditions established herein. (2) Availability of funds 2.1.g) NON-APPROPRIATION OF FUNDS In the event no funds cir 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 Lo the Successful Bidder or h.is assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded Lo any firm(s). 2.1.h) BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the busine~s Of providing goods and/or services as described in this bid; that have adequate financial support, equ.ipment and personnel to insure that they can satisfactorily provide the goods and/or services if awarded a contract under Lhe terms and conditions herein staled. The minimum qualifications for this bid are that Lhe Successful Bidder shall. as of Bid Due Dale: (1) Have a re cord of performing these services for five (5) years. (2) Have a current certified license as a Ge n eral Contractor from the State of Florida OR Miami-Dade County Municipal Occupaticmal License in the trade of Sidewalk and Paving. (3) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (4) Have no record of pending lawsuits or criininal activities, and have never been d eclared bankrupt within th e last three (3) years. lfhe Successful Bidder sha ll a lso provide a compe te nt, E ng li s ti sne alUng Supe rvisor, who shall be a vailable al th e work site at all ti tiles (refer to Section 2.22). 2.1.i) INDEMNIFICATION Contractor shall inde mnify . hold and save harml ess, and defend (at it s own cost and expense), the City, its officers, agents, directors, and/or employees, from all Liabilities, damages, losses,jucjgements, and costs, including, but not limite d to, reasonable attorney's fees, 10 the exlenl caused by the negligence, recklessness, negligent act or cimission, or intentional wrongful misconduct of Contractor and persons employed cir utilized by Contractor in the performance of this Contract. Contractor shall furth e r. hold the City, its officials and employees, indemnify, save P age 28 of 61 r Invitation for Bid (IFB) 781382 and hold harmless for, and defend (al ils own cost), the City its officials and/or employees against any civil actions , statutory or similar claims, injuries or damages arising or resulting from the perrnitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or prciceeding is brought against the City by reason of any such claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract 01: otherwise provided by the Contractor shall in no way limit tbe responsibility lo indemnify, keep and save harmless and defend the City or its officers. employees. agents and ins.trumentalities 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 Lo provide for suth defense, at the City's option, any and all claims of Liability and all suits and actions of every narrie and description which may be brought against the City, 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 limitation 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 provision that each sub-Contractor will indemnify the City in substantially the same language as this Section. 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 Contra,ctor 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 Contract. Ten dollars ($1 O) of th e paymen ts made by th e City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 2.IJ) INSURANCE REQUIREMENTS The Successful Bidder shall furnish to City of Miami, c/o Procure m ent De partme nt, 444 SW 2nd Ave nue, 6th Floor, Miami, F lorida 33130, Certificate(s) of Ins urance whi c h indi ca te that in surance coverage ha s been obtained whic h meets U1e requirements as outlined below: I. Commercial Ge·neral Liability A. Limits of Liability Bodily Injury and Property Damage Lial:Hlity Each O ccurre nce : $1,000,000 .00 General Aggregate Limit : $2,000,000.00 Products/Completed Operations: ·$ l ,000,000.00 Personal and Advertising Injury: $1,000,000.00 Page 29 of6 l r Invitation for Bid (IFB) 781382 B. Endorsements Required City of Miami listed as an additional insmed Contingent and Contraclual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Iajury 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 Liabillty 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 cause d by disease, each employee $1,000,000.00 for bodily injury caus ed by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occ urrence: $3,000,000 .00 Aggr egate: $3,000 ,000.00 City of Miami !isled as an additional insured Page 30 of 61 r Invitation for Bid (IFB) 781382 Excess Follow Form over all applicable liability policies contained herein V. Owners and Contractor's Protective Each Occurrence: $1,000,000.00 General Aggregate: $1 ,000,000 .00 City of tvliami listed as named insured VI . Payment and Performance Bond: $Full Value City of Miami listed as an Obligee VII. Installation Floater (If Applicable) Causes of Loss : All Risk of Direct Physic!ll 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 accordance to policy provisicins. Companies authorized to do business in the State pf Florida, with the following qualifications, shall issue all insurance policies required above: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published 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 Risk Management prior to insurance approval. 2.1.k) BID BOND All bids shall be accompanied by an ori gin al Bid Bond in th e a mount o five percent (5 %) oLthe tot a l bid submitted . to be in th e form of a Cash ie ·· s Chee o oney Order made payabl e to lhe Cicyof Mi ami ; a bond written by a S ure ty Company a uthorizep to do bu.siness in th e Sta te of Florida and shall comply with State Sta tute 28 7 .093 5. T he bond from all Unsuccessful Bidders, if in the form of a Cashier 's Chec k, will be-returned after bid award. 2.U) SUBCONTRACTOR(S) As part of its bid , th e S ucc essful Bidde r is required to id e ntify a ny and all s ub co.ntractors th at will be us ed in th e pe rfo rm ance of th e pro posed co ntrac t, as refl ected on Attadiment A -Subcontra ctors. Success ful B idd e r sha ll a pprox im ate pen;:entage o f work to be pe rformed on this contract for Subc ontrac tor(s), Ce rtifi ca tion(s)/License(s), and Lh e description of th e work to be do.ne by Lh e Subcontractor. Fa il me to id entify any and all Subcontractors in Lh e bid s hall re nd e r th e bid non-responsive. Page 3 1 o f 6 1 InvitaLion for Bid (IFB) 781382 The Successful Bidder shall not, at any lime during the tenure of the contract, subcontract any portion or part of the contract lo 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 lo the City for the acts and omissions of the Subcontractor and their employees, as for acts and omissions of perso11s employed by Successful Bidder. The Wort<: performed by all Subcontractors shall be no more than fifteen percent 05%) of the total Work for this contract. 2.1.m) REFERENCES Each bid must be accompanied by three (3) references for rojecls completed within the past five (5) years, as reflected on Atta"hmen B -Reference SutiDliltal Form !mealed in the Header/Attributes Section of this Solicitation, which shall include th e name of the company, dates of contract, description of goods/services suppUed, a contact person and the telephone numbe r. NO BID WILL BE CO~SIDERED WITHOUT THESE REFERENCES. 2.1 .n) BACKGROUND CHECKS The Successful Bidder shall be requ ir ed to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statute § 1012-32 . The law requires that before contract personnel are permitted 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 to 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 Whenever 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 contractu_al services, a bid received from a business that certifies _that it has implemented a drug -free workp lace program shall be given preference in the award process . Estab li shed proc edur es for processing tie bids will be followed if non e of the Li ed bidd ers hav e a drug-free workplace program. In order to have a dru g-fre e workplac e program, a bu s ine ss shall: (1) Publi sh a statement notifying emp lo yees that the unl 11wful manufacture. distribution, disp ens ing, poss e$S ion , or use of a conlrolled substance is prohibited in the workplace and specifying the action that will be taken against emp loy ees for violations or such prohibition . (2) Inform employees about the dangers of drug abuse in the workplace, the business · policy of maintainin g a · drug -free workplace, any available drug counseling, rehabilitation. and em ployee assistance programs, and the penalties that may be imposed upon emp lo yees for drug abu se violaLions. (3) Give eac h employe e engage d i11 providing th e co mmoditi es or co nt rac tual se rvi ces that are und er bid a copy of the statement specified in subsec tion (1). (4) In the statement specified in subsection (1), noti{y the employees that, as a condition of working on the Page 32 of 61 r Invitation for Bid (IFB) 781382 commodities or contractual services Urnt 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 contendere to, any violation bf Chapter 893 or of any controlled substance law of the United States or any state , for a violation occurring in the workplace no later than five (5) working days after such conviction . (5) Impose a sanction on. or require the satisfactory parlicipalion 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 lo maintain a drug-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 with Florida Statu te s Sections 218.73 an d 218 .7 4 of the Prompt Payment Act for services rendered the previous month, upon submission or properly certifi ed/approved invoices. All such information shall be provided to the City Project Manager. The City will pay the contract price minus any liquidated dmn~ges and/or other 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 U1e Successful Bidqers total monthly billing. 2.1.q) ADDITlONS/DELETIONS OF FACILITIES/LOCATIONS/l'.fEMS/PRODUCTS/SERVICES Although this Solicitation identifies specific facilities/locations/items/products tQ be serviced, it is hereby agreed and understood that any facility/location/item/pi·oduct/service rnay be added/deleted t¢/from this contract aJ 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 thes e new facilities/locations/items/products/services. If these quot.es are comparable with market prices offered for similar facilities/locations/items/products/services, they shall be added to the contract. whichever is In the best Int e rest of the City and an addendum and a separate purchase order shall be Is sued by the City. 2.1.r) PROJECT MANAGER Upon award, Successful Bidder shall report and work direc tly with Fabiola Dubuisson, or designee, who shall be des ign a ted as th e Proj ect Manager(s) for the City . 2.1.s) PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder agrees upon award of this co ntract that the City shC).11 be its primary client and shall be serviced first during a schedule c·onflict arising between this contract and any other contract Succ essful Bidder rirny have with any oth er cities and/or counties to perform s imilar services , as a result of any catastrophic even ts such as torn adoes, hurric anes, severe storms or any other public emergency imp acti ng various areas duri ng or approximately the same time. 2.1.t) RESPONSE TIME Page 33 of 61 r Invitation for Bid (IFB) 781382 A four (4) hour response time for service calls is required. Failure to respond to a service call within the specified time will result in the Successful Bidder paying any and all costs associated with the repairs performed by the Secondary or Tertiary vendors. 2.1.u) SUPERVISION Successful Bidder shall keep on the work site al all Limes , a competent English speaking Supervisor and any necessary assistants, all satisfactory to the City. The Supervisor shall not be replaced except with the written consent of the City, unless the Supervisor proves to be unsatisfactory to 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 will be confirmed in writing by the City upon the written request of Successful Bidder. The City shall be provided telephone number(s) and email(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 materials, and the operi).tion of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the proj ect manager, and shall not unreasonably e ncumber th·e premises with his/her materials. The Successful Bidder shall take all measures necessary to protect his/her own materials. 2.1.w) DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder shall tarry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidde r, at his/her expense, shall repair or make restoration as is practical and acceptable lo the City and/or owners of destroyed or damaged property promptly within a reasori'ab le leng th of time (not to exceed one (1) month from date damage was done). 2.1.x) PUBLIC CONVENIENCE AND SAFETY The Successful Bidder shall conduct his/her work so as to interfere as little as possibl e with private b1,1siness or public travel. Successful Bidder shall, at hi s/her own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and he/she sha ll be liable for 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 noi se abatement performance standards for all construction equipment: Between the hours of 7 :00 a.m. a nd 6:00 p.m. noise levels s hall not exceed 80 dBA a t th e nearest residential or commercial property line. Operation of equipme nt should be avoided between th e hours of 6 :00 p.m. and 7:00 a .m ., but if require d, the noise level ~hall not exceed 65 oBA. Page 34 of 61 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 all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards treated 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 authorizing 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 it not be possible to reach the Successful Bidder or Supervisor and/or should rem ed ial action not be tak e n within forty-eight (48) hours of any failure lo perform according to specifications, the City reserves Lhe right to declare Successful Bidder in default of the contract or lliake appropriate reductions in the contract payment. 2.1.ab) LTQUIDAT.ED DAMAGES Failure to complete. the project in accordance with the specifications and to the satisfaction of the City within the tim e stated, shall result in liquidated damages being assessed. The Successful Bidder shall be sul;>jecL to an assessment of liquidated damages in the amount of one tenth of one perce i1t (O .l %) of the total amount or 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 addilio.nal costs incurred by the City due to such noncomplelion of U1e work. Refer to Section 6-9 of Standard and Specifications for Public Works Projects. The City shall have U1e right to deduct said liquidated damages from any amount due or that may becom e du e to th e Successful Bidder under this agreement or to invo ice th e Successful Bidder for such damages if the costs incw-red exceed the amount due to the Successful Bidder. 2.1.ac) TERMINATION A. FORDEFAUL'r If Successful Bidder defaults in its performan ce under Lhis contract and does not cure the default within Lhirly (30) calendar days after written notic e of defa ult, th e City Manager may terminate thi s contract, in whole or in parl, upon writte n notice without pena lty to Lh e City of Ivli a.m i. In such eve nt the Successful Bidder shall be liable for damages inc;luding the excess cos.t of procuring similar supplies or services: provided that if, (1) it is determined for any reason Lhat Lhe Successful Bidder was not in default or (2) Lhe Successful Bidder's failure lo perform is without his/her or his/her subcontractor's control, fault or negligence, Lhe termination will be deemed to be a termination for the convenience of the City of Miami. Page 35 of 61 r ( Invitation for Bid (fFB) 781382 B. FOR CONVENIENCE The City Manager may terminate this contract. in whole or in part, upon thirty (30) calendar days prior written notice when it is in the best interest of U1e City of Miami. If this contract is for supplies, products , equipmerit, or software, and so terminated for the convenience by the City of Miami, U1e Successful Bidder w ill 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 U1e contract for those services rendered prior to terminalion . 2.1.ad) ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part 0fyour solicitation response shall be evaluated or considered. and any and all such additiona l terms and conditions shall have no force or effect and are Inapplicable Lo Uiis solic itation. 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 Lhat U1e General Conditions and Special Conelitidns in this solicitation are the only conditions applicable to this solicilalion and that the Bidder's authorized ~ignature affixed to the Bidder's acknowledgment forrn attests to this. If a Professional Services Agreement (PSA) or other Agree!'nent is provided by the City and is expres!!ly includ ed as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter Uie 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 U1i s PSA or Agreement. 2.2. GROUP 1 -FEDERALLY FUNDED PROJECTS 2.2.a) INTRODUCTION This section applies lo all projects funded with federal dollars . Section 2.1 also applies lo this Group . Bidders mu s t use Uie app li cab le Federal Funded Price Sh eet (Attachment C) for U1is bid when pri c ing for Group 1. 2.2.b) -=OCAL PREFERENCE Local Preference does not apply to responses on the Federally Funded Bid Price Sheet for this IFB. 2.2.t) DAVIS-BACON ACT Federally assisted construction contracts must adhere to Davis-Bacon Act 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 required to provide certified payroll reco rds documenting the work pe rformed on this proj ect. See Attachment C -Davis Bacon -General Decision Number for Wage Rates. Wage General Decision Number-FU 70260 I 1/10/2017 FL221 can be found in th e H eader/Attachment Section unde r Attachment A . 2.2.d) COMPLIANCE WITH COPELAND "ANTI-KICKBACK" A.CT Page 36 of 61 r ( lnvilalion for Bid (IFB) 781382 1. The Contractor shall comply with 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 clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination bf the c9nla_ct, and for debarment as a Contractor and subcontractor as provided in 29 C.F .R. § 5.12 . 2.2.e) COMPLIANCE WITH THE CONTRACT WORK HOW RS & SAFETY STANDARDS AC 1. Overtime Requirements : No Contractor cir subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or me chanic in any workweek in which he or she is employed on such work tb work in excess or forty (40) hours in such workweek unless such laborer or mechanic receives compensation al a rate not less than one and one half tinies 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 or any violation of the clause set forth in paragraph (I) of this section , the Conlraclor and any subcontractor re sponsibl e therefore shall be liable for th e unpaid wages. In addition, such Contractor and subcontractor shall be liable Lo Lhe United States (in case of the work don e und er contract for the Di strict of Columbia or a terr itory , Lo such Pislricl or to such ter ritory), for liquidated damages . Such liquidated damages shall be computed with respect to each individual labore r or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted Lo work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by Lhe clause set forth in paragraph (l) of this section. 3 . Withholding for unpa id wages and liquidated damages : The City of Miami shall upon ils own action or upon written request of an authorized representative of th e Departm ent of Labor withhold or ca use to be withheld, from any moneys payable on account or work perfo1med by the contractor or subcontractor und er any such contract or any other Feder~! contract with the same Successful Bidder, or any other federally-assisted contract subject to the Contract Work Hottrs and Safely Standards Act, which is held by the Contractor. such sums as may be determin ed to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provid ed in Lhe clause set forth in paragraph (2) of this section . 4. The Contractor or s ubcontractor s hall inser t in any s ubcontracts the clauses set forth in paragraph (l) through (4) of this section and also a clause requiring th e subcontractors to include th ese clauses in any lower tier s ubcontract. The Contractor s hall be responsible for co mpli ance by a ny subcontractor or low er li er subcontrac tor with th e clauses set forth in paragraph (1) through (4) of thi s section 2.2 .f) PARTS AT PASS-THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK) All cos t for parts required for repair jobs and not otherwise included in the scope of work shall be bill ed at the Successful Bidder's actual cost, and will be passed on to th e City without mark up or any additio nal fees. The S uc:cessru l Bidder sha ll submit purchase receipt or parts along with labor invoice for payment. The Successful Bitjder shall be res ponsible for sourcing all parts necessary to complete Lhe work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an eq ual product. All Page 37 or 61 r 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 lhe facilities. 2.2.g) NOTIFICATION TO PERFORM WORK Tlie Successful Bidder shall notify the Project Manager when an employee is on Lhe properly and for what purpose. 2.2.h) EQUA:L El\ilPLOYMENT OPPORTUNITY During the performance of this contract, the Corilrattor agrees as follows: 1. The Contractor will not discriminale against any employee or applicant foi· employn1enl because of race, color, re ligion, sex, or nationa l origin. The Contractor will lake affirmative action to ensure that applicanls are employed, and Lhal employees are Lreated during employment without regard to their race. color, religion , sex. or national origin . Such action shall include , but not be limited Lo Lhe 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 Conlraclor agrees to post in conspicuous places, availq.ble Lo employees and applicants for employment, notices Lo be provided setting forth the pro visions of this nondiscriniination clause. 2. The Contractor will, in all solicilalions or advertisements for employees pla ced by or on behalf at the Contractor, stale thal all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin . 3. The Conlractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or oth er conlracl or und ers tanding, a notice Lo be provided advising the said labor union or workers' representatives of the Contractor's commitme nts und er this section, and shall post copies of the notice in conspicuous places available to employees and applicants for emp loyment. 4. The Conlraclor will comply with all provisions of Executive Order 11246 of Septe mber 24, 1965. and of the rules, regulations. and rel eva nt orders of the Secretary of Labor. 5. The Contractor will furnish all information an d reports required by Executive Order 11 246 of September 24, 1965, and by rules, regulations, and order of th e Secretary of Labor. or pursuant th ereto, and will permil access to his books. recerds, and accounts by the administering agency and the Secretary of Labor for purposes of inves tigation to ascertain compliance with such rules. regulations. and orders. 6. In th e event of th e Contractor's noncompli ance with the nondiscrimination clauses of this co ntract or with any of th e said rules, regulations, or orders, this contract may be ca nc el led, terminated, or suspended in whole or in part and th e Contrac tor may be declared ineligible for further Government contrac ts or federaUy assisted construction cqnlract in accordance with pro ce dures au thori zed in Execu tiv e Order 11246 of Seplember 24, 196 5, and such other san\:lions as may be imposed and remedies invok ed as provided in Executive Order 11246 of September 24. 196 5. or by rule. regulation . or ord er fo th e Secre tary of Labor , or as otherwise provided by law . Page 38 of 61 Invitation for Bid (ffB) 781382 7. The Contractor will includ e the portion of the se ntence immecli-ately preceding paragraph ( 1) and the provisions of paragraphs (l) through (7) in every subcontract or purchase order unless exempted by rules. regulations, or ord ers of the Secretary of Labor issued pursuanJ to section 204 of ExecuUve 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 or purchase order as the <1dministering agency may direc t as a means of enforcing such provisions, including sanctions for noncompliance; provided, however , that in th e event a Contrac tor be co mes involved in, or is threatened with. litigation with a subcontractor or vendor as a result of such 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) CLEAN AIR ACT (I) The Contractor agrees to co mply with a ll applicable standa rd s, orders. or re g ulation s issued pursuant to the Clean Air Act. as amended, 42 U.S.C . § 7401 et seq. (2) The Contractor agrees Lo report each violation to the City of Miami and understands and agrees that U1e City of Miami will, in turn, report each violation as.required Lo assure notification to the Federal Eme rgency Management Agency , and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federat assistance provid ed by FEMA. 2.2.j} FEDERAL WATER _POl'..LtJTION CONTROL ACT (I) The Contractor agrees to comply with all applicable standards, orders . or regulations issued pursuant Lo th e Feder<1l Water Pollution Control Act. as amended. 33 U.S .C. 1251 et seq. (2) The Contractor agrees Lo report eac h violation to th e City of Miami and und ers tands and agrees that the City of Miami wiU. in turn, report each violation as required to assure notifi ca tion to th e Federal Emergency Management Agency, and the appropriate E11vircinme1ita l Protec:tion Agency Regional OfCice . (3) The Contrc_tctor 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 con tract and is not s ubj ecl lo any obligation or li ab iliti es to th e non -Federal en tity, Co ntra ctor, or any other pany pertaining lo any matter resulting from the con tract. 2 .2.1) PROGRAM FRAUD l<\ND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor ackn owledges th at 31 U.S.C. Chap. 38 (Administrative Remedies for False Clai ms and Statem e nts) app li es Lo th e Contractor's actions pertaining to this co ntrac t. 2.2.m) BYRD ANTI-LOBBYING AMENDMENT, 31.U.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 tier certifies to the tier above that it will not and has not used Federal appropriated funds to 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 31U.S.C.§1352. Each lier shall also disclose any lobbying wiU1 non -Federal funds that take place in connection with obtaining q.ny Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Please refer to the Header/Attacl11i1ent Section of this solicitation for Attac 1ent_D -Certificate Regarding Lobbying. It is MANDATORY for the Bidders to return this form signed along with their bid. 2.2 .n) PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: a) Compelitively within a timeframe 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 the list of EPA-designate items, is available at EPA's Comprehensive Proc ureme nt Guidelines web site, https://www.epa.gov/smm/comprehensive-proc urement -guideline-cpg-program. 2.2.o) DHS SEAL, LOGO, AND FLAGS The Contractor shall not use the OHS seal (s), logos, cres ts. or reproductions of flags or likenesses of OHS 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 use·ct to fund this contract only. The Contractor will comply with all applicable fed e ral law, regulations, executive orders, FEMA policies, procedures, and directives. (, i-.r. G,~'.)'t;e {fJ qi_().,(; 1 \':) 2.2.q) J\CCESS TO RECORDS ~tf:i . (1) The Contracto r agrees to provide the C ity of tvliami, J se Gell (Project M a~~h e FEMA Administrator, the Comptroller General of the United Sta tes, or any or their authonze representatives access to any books, documents, papers. and reco rds of th e Contractor which are directl y pertin e nt to thi s contract for U1e purposes of making audits, Page 40 of61 r Invitalim1 for Bid (IFB) 781382 examinations. excerpts . and transcriptions: (2) The Contractor agrees Lo permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed; and (3) The Contractor agrees to provide Lhe FEMA Administrator or his authorized representativ e access to construction or other work sites pertaining to the work being completed under the contract. ' . 2.2.r) SUSPENSION AND DEBARMENT (IN ADDITION TO GENERAL TERM AND CONDITIONS, SECTION 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 or the Contractor, its principals (defined at 2 C.F.R. § 180 .995). or its affiliates (defined in 2 C.F.R. § 180.905) are excluded (defined at 2 C.F .R. § 180.9 110) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor mu.st comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000 , subpart C and must include a requirement to comply with these reg4lations in any lower Lier covered transaction it enters too . (3) This certification is a material representation of fact relied upon by the City of Miami. If it is later determined that the Contractor did riot comply with 2 C.F.R. pt. 180 , subpart C and 2 C.F.R. pt. 3000, subpart C, in addilion to remedies available to the State of Florida, and the City of Miami. the Federal Government may pursue available remedies. including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pl. 180, subpart C and 2 C.F.R. pl. 3000. subpart C while this offer is valid and throughout Lhe period of any Contract that may ar ise from this offer. The Contractor further agrees to includ e a provision requiring such compliance in its lower tier covered transactions. 2.3. GROUP 2 -NON-FEDERAL FUNDED PROJECTS 2.3.a) INTRODUCTION This section applies to all projects that are non -federally funded. Section 2.1 a lso applies to this Group. Bidders must use the applicable Price Sheet (Attachment H) for this bid when pricing for Group 2. 2.3 .b) PEREORMANCE BOND Within fifteen {15) working days following noti ce of award by th e City, the Success ful Bidder shall furnish to the City of Miami. a Performance Bond in th e total amount of the annual cost of the award, to the City, which s hall be updated annually, for th e period of the contract (to be de termin ed at th e time of award ). T he Performance Bond ca n be in the. form of a Cashier's Check, made payable to the City of Miami ; 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 Letter or Credit. lf the latter is chosen, it must be written on a bank located in Miami-Dad e County, be in the amount Page 41 of 61 lnvilalion 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 lhe City. The City, lo draw on same, would merely have lo give written notice to the bank with a copy to the Successful Bidder. 2.3.c) Cl :Y OFl\lllAMfUVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100 ,000.00 annually, and that have been competitively solii::ited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract lo provide services to the City, excluding. however. professional services as defin ed 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. Section 18-557, City of Miami Living Wage Ordinance, is attached as Attachment E -City ofMiaini Living Wage Ordinance. Pl ease see provisions in Attachment A . If a solicitation requires services, effective on J a nuary l, 2017 , Successful Bidder's mus t pay to all 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 summary of the key provisions of the City of Miami Living Wage Ordinance. Please rev iew Altachmenl A, attached hereto , for a complete and thorough description of the City of M ia mi Living Wage Ordinance . 2.3.d) LOCAL PREFERENeE Local Office Prefe rence 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 Biel is divided into two Groups; Group 1-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: Seconda1:y: and Tertiary. All Responses to this IFB shall be in Harclcopy Format as defined in Section 1.60. Preparation of Responses ffiardcopy Format). and deliyered 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 fo r Citywide Sidewalk Repair and Replacement services. The contract is divided into two (2) groups: Federally Funded /Emergency Services and Non-Federally Fw1d ed Services. Bidders may bid one or both group s. The Successful Bidder shall perfo rm removal a nd di s po sal of deteriorated, dam aged , or unsafe concre te s id e walks and construction of new concrete sidewalks and handicap ramps for the City's ADA program. Upgrade, re placement and repair of concrete curbs, valley gutters and curbs and gutte rs, 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 c urb and gutter restoration , and trimming and removal of tr ee roots, as necessary, in order to prevent future damage to the new concrete s id ewalk, driveway or access ramps, concrete cur b, valley g utters and c urb and g utte rs . All work to be as specifi e d a nd/or s hown on th e Engineerin g Standards. Sidewalk Replacement Procedures The Successful Bidder s ha ll furni s h all labor, supervision, malerials, vehicles, transporta tion, equipment, tools, s upplies, fuel, and re lated work required to complete th e sidewalk re pai r and re placem ent work describ ed below, including concre te removal. All work must be completed in accordance with th e contract documents and s pecifications for P ublic Work Projec ts S ection 408: 1. Sidewalk repl aceme nt consists of sawcut lo the nearest joint or marking, five feet (5') intervals, re moval and disposal of the concrete sidewalk, compacting U1 e sub base and base, forming, pl acing the concre te, finishing, marking and applying c uring compound all as indicated in Section 408. 2. Remove and dispose of a ll roots lo a depth of twelve inches (12") below the botto m of th e sidewalk and prune trees e nd a ngered by extens ive root pruning {limb pruning s h all be accomplishe d prior to root pruning). All pruning s hall be accomplis hed by an experi enced Landscape Co ntractor or a certified Arboris t. 3. Replace and reset water meler boxes uplifted or broken within s id ewalks th a t are to be replaced. Boxes will be Page 43 of 61 Invitation for Bid (IFB) 781382 suppli ed 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 co nn ections broken·or dis turbed during th e 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 contrac t for replacement, that are damaged by the Successful Bidder's operation and/or negligence , s ha ll be replaced at the Successful Bidde r's expense. 8. Fill all form holes with sand when forms are removed from new sidewalk. 9. ·Any utilities that are damaged by the Success ful Bidder's operation and that were prope rly located and marked by th e respective utility companies, shall be re pai red or rep laced at the Successful Bidder's expense . 10. The Successful Bidder shall schedule re moval of driveway and sidewalk to minimize disru p tion of property owner's access lo his/her property. 11. The amount of open area (where sidewalk has bee n removed but not repaired) shall be limited to an area less than or equal to th e amount of sidewalk the Successful Bidder can pour in three (3) working days. 12. Concrete for drive w ay sidewalks shall b e poured within one (1) day of the existing s idewalk removal. The Su ccessful Bidder may saw, cut and crack existing driveway sidewalk but leave it in place un til removal, if th e driveway is still satisfactory for vehicular use. Note: All costs for sidewalk replaceme nt work shall be included in and paid for under the bid ite m for four in ch (4 ") or s ix in ch (6") s id ewalk as listed in th e bid and no additional compensation will be allowed . For Task Orders and Hurricane recove ry work re lat ed to sidewalk, curb , valley gutter, and c urb a nd gutter, the pay ite ms id entified in the bid s hall be used and th e scope of work for each item s hall b e the same. No additional compensation will be allowe d for providing emergency services to th e City during Hurricane Recovery work. Fo r co nc re te sid ewalk g rindin g , the S uccessful Bidder s hall use a grinder in order to re move th e top concrete portion of th e lifted fl ag a nd le vel it in order to provide a smooth trans ition safe for pedestrian traffic. No du s t is a ll owed while performing this work. Successful B idd er shall provide its own wate r m e thod to accomplis h this work wilhoul creating a dust cloud. Page44of61 r 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 o f th e 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 a llowed for a.) extra saw cutting: b.) installation of an approved detectable warning system (yellow tiles); and c.) repairing damage to the existing pavement beyond the aforesaid two fool (2') strip. Curb and Gutter Replacement Procedures The Successful Bidder shall include all labor, materials and equipment necessary for the r emoval of the existing curb or curb and gutter, saw culling the existing sidewalk and/or pavement to facilitate removal of the concrete and asphalt, installation of the new concre te 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 s aw cu lling and repairing damage to the existin g pavement beyond the aforesaid two foot (2 ') strip. The construction of concrete sidewalk shall be separate and distinct from the construclion 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 sawc utllng of one foot (l ') away from each side of lhe damaged section, or to th e nearest non-damaged expa nsion joint, removal and disposal of rubble and matelials, 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 lo the ex isting sidewalk , curb and curb and g utler . Hurricane related work shall be priced as per bid prices in Attachment G and H -Price Sheet. Brick Sidewalk Subgrade Prior to th e start of constru ction, the Successful Bidder and City Engineer will id e ntify locations for brick replacement. Subgrade for decorative brick sidewalk shall be prepa red and finished by the Successful Bidde r. All specifications for sidewalk subgrade, as outlined Jn Division 4, shall apply unless otherwise noted Jn this sec tion. Re move all roots to a depth of twelve in c hes (12 ") below Lh e bottom o f the sidewalk and prune trees . Tree s shall no t be endangered by the extensive root pruning (limb pruning shall be acco mplished 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 compens ation will be allowed. Brick s id ewalk subgrad e a l driveways shall consist of minimum s ix inch (6") c oncre te base to be constructed be tween hi g h c urbs. The finished bric k sidewalk subgrade elevation shall be such that the finished sidewalk shall meet flush with the top of the curb , e xis ting sidewalk , etc., or approximately three inch es (3") be low the fini shed s idewalk grade . No htunps or de pressions will be allowed du e to poor leve llng and/or c ompac tion . Sidewalk cross s lopes shall be on e-quarter inc h (!hi") per foot whe n possible . Cross s lopes will vary whe n restricted by th e existing g rades. Brick Sidewalk Installation Page 4 5 of61 Invitation for Bid (IFB) 781382 Prior to the start of construction , the Successful Bidder and City Engineer will identify locations for brick replacement. Exlsllng bricks shall be carefully removed and reinstalled at areas d esignated by the City Enginee r. New brick pavers of equal type, color, and size dimension shall be ins talled at th e locations where existing removed pavers cannot be salvaged. The preparation of Lhe subgrade for the reinstallation of the existing bricks shall be accomplished by the Successful Bidder. The Successful Bidder shall re move all remaining mortar from the concrete base at all driveway s before applying n ew mortar and reins talling existing a nd/or new bri cks . Water meter boxes shall be protected dming sidewalk removal and reused. Boxes shall be re placed only at the direction of the Cily Engineer. Restore private property, including sod, blocks, bricks , tile, concrete, etc., to trans ition with the new sidewalk e levation or to repair da mage which occurre d during th e sidewalk replacement work. The Successful Bidder shall place a leveling mantle of sand (limerock) screenings on th e 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 c urb . Brick pavers shall be carefully placed by hand in straight courses with hand tight joints, not exceeding one-s ixteenth inch (1116") in width and good al ignment must b e maintained. B ricks shall be laid to line every five (5) courses. Any n ecessary cutting to fit bricks or maintain th e running bond pattern s hall be acc omplishe d by using a wet mason saw diamond blade to ac hieve Li g ht and clean edges. After brick pavers are installed, sweep fine, d ry silica sand joint filler into all j o ints 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 (¥.!'') p e r foot cross slope when possible. Any broke n or uneven brick will not be accepted a nd s hal! hav e to be replaced prior to or afte r inslallation. Brick pave r sidewalk re lns tallation s hall be paid for al the unit price bid pe r square foot in the B id. The pri ce per squa re foot will be full compensation for all labor, mate rials, tools, equipme nt, s ub g rade, and sand bed a nd all o ther work ne cessary for a complete a nd acceptable job. New bricks , if necessary, will be paid for a t 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 m arking shall be thermoplastic. All pavement marking a nd signage m aterial and method of ins ta ll a tion s hall conform to the Ma nua l of Uniform Traffic Control Devices . Video Tape and/or Color Pictures -Existing Conditions Before a ny work can beg in, th e S uccessful Bidder s ha ll either video tape o r take color pictures of th e 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 ite ms must be provided with each invoice: a. Clearly audible and spoken in English; b. State each address , lo cation, street or ave nue that ls affected by the construction activities; and c. Picture quality must be in excellent condition to clearly 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. Mus t ha ve the date embe dded into the picture when the picture was taken ; b. Must have legible print in Englis h of each address, location, street or avenue and the direc tion (i.e . North or South) of picture taken; c. Must be maintained in a binder/folder; and d. Quality must be in excellent condlllon to c;learly see visible objects. The cost of pictures or video of the existing conditions of the affected area· and adjacent property shall b e c onsid ered as incidental to one (1) or more of the bid items , and no additional compe nsation will be allowed. Construction Schedule Prior to the start of any work, the Successful Bidde r and the City Engineer will Identify the locations of construction in the field. The Task Work Order of services shall be comple ted within the indicated duration as s peclfied in Contract Documents and Task Work Orders. Furthermore, th e sum of the Task W o rk Order durations s ha ll not exceed th e Contract Duration. For the Contract in which specific sites are not ide ntifie d at the lime of bidding, Public Works w ill iss u e a Task Work Orde r . The Contract may require several Task Work Orders of which the tota l sum shall not exceed th e contrac t a mount as specified in the Contract Doc ument. The Task Work Orde r may be issue d with th e Notice to Proceed. The specifi c limits a nd ide ntificati on of work e leme nts shall be s pecified in the Individual T ask Work Order. The Task Work Order will ide ntify the priorily lo cations tha t will have minimum of ten (10) requests outs tanding locations at which the Successful B idde r shall respond and begin work. The Successful Bidde r shall respond and begin work within five (5) working days is identified in the Task Work Order, u po n th e receipt of th e Task Work Order received in person, by fax, or by certified mail. All work locations will be described with direct address or s tre ets a nd avenue that will a llow th e Successful Bidder to proceed immediate ly to the lo c ation with minimum d e lay. Public Works will make every reasonable effort to plan work lo cati o ns and develop Task Work Order do c ume nts in systematic a nd concentra ted regions as to minimize the S uccessful B idder's trav el requirements. Responsibility of the Successful Bidder Page 47 of6 1 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 minimum 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 110 extra cost to the City. Public Works will be the mediator in all such cases wherein the Successful Bidder 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 entitled 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, exce pt 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 th e 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 Success ful Bic!cler is hereby alerted that underground utilities exist in th e vicinity of the proposed work and that the Success ful Bidder should notify the Sunshine State One Call of Florida for utility location before excavation at their toll free number 1-800-432-4770 a t l east forty-e ight (48) hours prior to digging, for utilities verification in the fi eld . In addition, the Successful Bidder shall also notify the Florida Power & Lig ht Company for verification of their utilities. Existing Underground Structures The Successful Bidder must contact th e various utility companies to obtain the location of th e existing underground utilities prior to beg inning any excavation work. Caution shall be exercised by the Successful Bidder in grading operations as some exis ting underground utiliti es have a minimum cover. The Successful Bickler shall be res ponsi ble for replacing any underg round facility broke n 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 s idewalk construction shall be repaired at th e Successful Bidder's expense. Asphalt Prime Coat Cover Sand Cover sand for lime rock base prime coat s hall be hot asphalt coaled prior to application. Asphaltic Concrete Design Mix Page 48 of61 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. Aspha ltlc concrete mix for surface courses shall meet the requlrements of Florida Departmen t of Transportation Specifications for Type "S-III", Asphaltic Concrete, Section 331-1 through Section 331-5. All new design mixes shall be submitled to Public Works for approval by the City E ngineer. Clean-up of Construction Area Upon completion of construction, the project site shall be cleaned to the satisfaction of the City Engineer. All tras h and other construction debris shall be removed from the job site, at no additional expense to the City. Dust Prevention The Successful Bidde r is a le rte d to Division 4 -Construction Methods, Section 400-11 pertaining to Dust Prevention. The City strictly enforces environmental regulations to a greater degree than on pas t projects, and if necessary, will limit th e number of manhole sections constructed prior to resurfacing and for any approved sidewalk grinding. The City Engineer shall have the authority to re quire the Successful Bidder to re move the dust from the street by m echanical m eans after th e temporary patch has been placed, increase the frequency of water spraying a nd reroute e quipment bringing in backfill and/or removing excess material or s uppli es 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 require d for this project. This bulletin establishes rules, regulations and requirements for disc harge originated from cons truc tion sites or r esulting from cons tru ction activities. Defacing of New and Existing Concrete and Pavement It shall be the Successful Bidder's respo nsibility to preserve lh e co ndition of exis ting a nd n ew ly cons tru cted concrete sidewalk, curb and/or gutter and pavement. Any damage d pavement or concrete deface d with sticks, nails, foo tprints, etc .. s hall be replaced al the Successful B idd e r's expense. Storage Area There is no City property in this area available for use as a storage yard for this improvement. The Successful Bidder shall provide hi s own storage site. Adjustments Behind Property Lines Adjustments lo approach walks and driveways on private property s h all be made at a s lope no greater than 1: 12. Adjustments to existing ground on private properly s hall be sodde d and made at a slope no greater lhan 1 :3. All Page 49of61 Invitation for Bid (IFB) 781382 adjustments of driveways and walks shall be of a matc hing type. All costs for adjustments on private property shall be included in items 1 and 2 and no additional compensation will be allowed. fu!fm'. The Successful Bidder is alerted that the State of Florida has adopted the "Trench Safety Act" for the purpose of in corp orating curre nt 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 th e 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, s loping of the ground, or some other equ ivalent 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 ex cavation. 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 th e excavation shall cease until the necessary precautions have been taken to safeguard the employees. e. Trenches four feel (4') deep or more shall have an adequate means of exit such as ladders or steps, l ocated so as to require no more than twenty-five feet (25') of lateral travel. 2. Head Protection: a. Head protectio n equipme nt (helmets) shall be worn in areas where there is a possible dan ger of head if\juries 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 -197 l. A separate bid ite m for th e cost of compliance with the Trenc h Safety Act has not been included in th e bid for this proj ect. However, th e cost of compliance shall be include d in other portions of th e work and no additional compensation will be allowed. Qualitv Assurance The Successful Bidder, sttbcontractor(s), or any of their employees engaged in any type of landscaping installation , care or mainten a nc e must be directed and s upervised by a certifi ed Landscape Co ntrac to r. This will require a landscape professional or a competent supe rintende nt (in the field a l all times). Page 50 of61 Invita tion for Bid {IF B) 781382 Environmental Protection Successful Bidder shall comply with Chapter 17, Environmental Preservation of Miami C ity Code, and City Ord inances 12636 a nd 13081. Any violation of th is Code and the Successful Bidder wlll be sole responsible for the damages and no ad ditiona l c harges will be allowed . Code Compliance All Work shall comply with th e South Florida Building Code, City of Miami, and Miami-Dade County Code. Successful Bidder shall comply with the requirements of Sec tion 114 of the Clean Air Act and Section 308 of the Fed e ra l Water Pollution Control Act as w ell as any other requirements s pecified in the Contract Documents. Permits T h e Department of Public Works will issue a "no-fee" excavation permit fo r this Proj ect. The Successful Bidder will be required to obtain the "no-fee" excavation permit from the Roadway/Plans Development S ec tion of Public Works prior to the start of any construction, as w ell as a Road Closure and a Landscaping permit. Root Guard S had e trees planted within the public right-of-way and within close proximity of sidewalk s or c urbs w ill require root barrie rs, i.e., sections o f metal pipe or root de flectors under th e produc t name of "Root Solu tions", or a pp roved equal. This Item will be Install ed at th e discretion of th e City E ngineer at citywide locations. Construction Signs The signs s ha ll be constructed of 4'x8'x3/4" exterior plywood, suitably mo unted, a nd readable a t eye lev el. The co lors to be used are w hite and b lu e. Specifically, the background shall be white; a ll lettering s hall be blue He lvetica. All paints s hall be rated outdoo r enamel. The "C ity of Miam i" seal will be s uppli ed by Public Works in decal form. T he cost of these signs s ha ll be co ns idered as incidenta l to one (1) or more o f the bid items and no additional compensation wlll be allowed. The localion of the signs s ha ll be present at each work a rea for public information and placem ent mus t be coordinated with C ity Eng in ee r. Access to Residences and Business Establishments D uring cons tru ction of th e improvemen t, safe access shall be provided by the S uccessful Bidder lo th e e ntra nce of a ll res id e nces a nd business establishments. Me th ods to be used s ha ll be de te rmine d by the Successful Bidder with th e approval of th e City Engineer. Deliveries a nd loadi ng to each business must be provide d at a ll limes, including conve nien t cus to me r pick up and th e ability to allow de livery access by trolley, hand truck or othe r w heeled delivery system. M e thod of Measurem ent T he Successful Bidde r s hall meas ure a ll work comple ted und er th e contract in ac co rd a nce with the United States Page 51of6 1 r 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 daily basis with the following stipulations: a. Must show project number and project name; b . Must s how 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 dally 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 25 th day of each month. Prior to submitting official copies of monthly progress payment invoices, the Successful Bidder, the City Inspector, and the Cily Resident Engineer mu s t come to agreed quantities, prices, a nd total amount invoiced for the monthly progress payment. Each invoice mus t be accompanied with Success ful Bidder's video tape/photograph of before and after conditions. The official monthly progress payment invoice must have the proper back up docume ntation and quantity calc ul a tidns. Each application must be consistent with previous applications and payments. Once the official monthly prog ress invoices are submitted, allow Public Works forty -five (45) calenda r days for review, verification, and processing of th e payment invoice as per Florida State S ta tute 2 18.70 -2 18.80. However, if the o ffi cial monthly progess Invoices nee d c orrection clue to errors, the calendar days may be longer than forty-five (45) days. The official monthly pay request on all Public Works co ntracts s ha ll submit in TRIPLICATE, signed by the F inn. Lump Sum items require breakdown of work acceptable to Public Works. Payment Application Forms: AJA Doc ume nts G702 and G703 Conti nuation Sheets or Equivale nt in Form and c ontent will be acceptable. Payment Item Specification Details Any work not specifically mentioned in the payment Items listed on Attacluuent B -Price Sheet, but indicated on the Plans and/or Specificati ons , shall be consid ered as incidental to one (1) or more of the payment Items, and no claim for additiona l compensation will be a llowed. Page52of61 r 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. Anv 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 a ny conflicts as to scheduling wilh others. Personnel All planting shall be performed by personnel familial' with planting procedures and under the supervision of a qua lified planting foreman, who is to be available at th e jobsite during the course of the work. Protection of Utilities and Strnctures Prior to the preparation of planting areas or pl ant pits, th e Successful Bidder shall ascertain the location of all electrical cables, all conduits, a l l utiliLy lines, 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 Lh e City Engineer, who shall arrange to relocate the plant material, if possib le. T he Successful Bidder shall be responsible for any damage to utilities and structures and shall properly maintain the protection of . same. C lean UJ> 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 5 3 of 61 r 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 produ_ct 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 de taile d maintenance guidelines covering fertilization, watering, spraying, trimming, mulchin g , and any other pertinent issues related to la ndscape work required to ens tU'e viability of plant material. Submit maintenance g uidelines sixty (60) calendar days after award of Contract for review by the City 01· his representatives. Materials 1. Common Fertilize r: a. Shall be delivered to the site in th e original unop e ned contai ners, eac h bearing the manufactur er's analysis. b. Fertilizer shall be Mix 4f5024 (10.5 .8) as supplied by ATLANTIC FLORIDA EAST COAST FERTILIZER & CHEMICAL, unless noted otherwise, or equ al. 2. Plant Material: a. Words "P la nt Materials" or "Plants" refer to and include trees, palms , s hrubs, and ground covers. b. Plant species shall conform to thos e indicated on the drawings and in these Specifications. c. Pl ants shall be sound, healthy. vigorous, free from plant diseases, insect pests, or their eggs and shall have healthy normal root systems. Plants s hall be nursery grown stock, except for site trans planted material or fr eshly dug, ball ed and burlap plants. d. A ll plants s hall have been transplant ed or root pruned at least once in th e three (3) years previous lo contract date. Root bound con tainer plants will not be accepted. e. Collected palms shall be heeled in the nursery for no less than three (3) months prior to final planting. f, All plant material not othe1wise specified as being Florida Fancy of Specimen shall be Florida N o. 1 or better quality graded in accordance with "Grades and Standards for Nursery Plants" published by the State of F lorida 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 gro und covers, e tc ., shall conform to the appli cable standards given in "USA Standard for Nursery Stock 260. l ", spo nsored by the "American Association of Nurserymen, Inc.". h. Plants specified shall be used, substitutes will not b e allowed unless s ufficie nt evidence is submitted in writing, indicating plant unavailability. The Successful Bidder is to s ubmit s uggested li s tin g of substitutes Page 54 of61 r 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 a l 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.III.F to each planting pit/tree or palm planting location . Contact: Nursery and Landscape Supply (305) 235 -9311 or T erra International (305) 247-1521 . 4. Planting Soll: 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 a pproved by th e City Engineer. Execution l. Shipment and Delivery: a. The Successful Bidder shall notify the City Engineer forty -e ight (48) hours in advance, when plan t material Is to be delivered. b. Plant mate l'i a l s hall be protected from weather, a dequately pac ked to prevent breakage and dryin g out during trans it. c. Plants shall not be pl anted on job until they have been inspected at r eceiving site, and accepted by th e City Engin eer. Plants which do not m eet specifications for quality here in stated, or plants th a t show improper handling, or arrive on site in an unsatisfactory condition shall be rejected. Rejected plants s hall immediately be re moved, disposed of by the Successful Bidder a nd approved nursety stock of like variety, size and age shall be repl aced by him without additional co mpensation . d. Final acceptance of plant mate ri a l will be given only after materia l is planted and after m ee ting re quirements prescribed he rein . 2. Guying and Staking: a . All guying and staking s hall be indicated in th e Specifications. Page55of61 r Invitation for Bid (IFB) 781382 b. It shall be the Successful Bidder's responsibility to prevent plants from falling of being blown over, to restralghten 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 th e City, except the Successful Bidder shall not be held responsible for the loss or death of any tree, shrub or plant , after being properly planted, as a res ult of ha il storms, lighting, flood, fire or other acts of provide nce b eyond his control. 3. Planting of Trees and Palms: a. Except as otherwise specified, th e Successful Bidder's work shall conform to accepted horticultural practices as used in the trade. b. Plants shall be protected upon arrival at th e site by being thoroughly watered and prope rly maintai ned 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 leas t 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 shall b e inves ti gated and verified In th e field by the vicinity of existing structures and utilities shall be carefully done. The S~1ccessful B idder shall be held responsible for any damage to, and for maintenance and protections for existing utilities and structures. e . All circular pits with vertical sid es shall be excavaled to sizes and d e pth as shown in the Specifications (Misc . 17-293 -4) and backfilled with planting soil. The Successful Bidder shall test fill all tree/palm pils with water b efore planting to assure proper drainage and that p e rcol a tion is available. Pits which are found not to be adequately draining shall be backfill ed with coarse gravel or crushed roc k. No a llowances will be ma de for los t plants due lo improper drainage. f. Backfill with the specified planting soil mix and incorporate a minimum six (6) ounces lo nine (9) ounces of Soil Moist acrylic copolymers evenly spread around and adjacent to the roolball mid-way in depth. The final leve l of the ground and that of the sod s hall conform to the surrounding grade. g . The pla nts shall be set on prepare d plan ting soil backfill brought to a he ig ht permitting planting at the sam e d epth th e plants g rew in th e nursery. Upright plants shall be kept in a vertica l position. All p lants shall be handled by earthy ball only. Handling by th e plant itself will be caused for rejec tion of such plants. h. After placing the plant in the pit, the backfill shall be wate red a nd firmly tampered to ensure backfill mixture in and abou t all the roots. All backfill mixture shall be s uc h th at no pl a nts w ill settle lowe r th an the d epth indicated on th e drawings . i. After filling ha lf way on the earth ball, the burlap shall b e loosened and la id back off the top of th e ball, or if too bulky, cut away and remove d, after whic h th e balance of th e pit s hall be backfilled and tamped. j. All plants shall be thoroughly watered at time of planting and kept adequately w atered until time of accepla nce. The Successful Bidder s hall provide the mea ns where water lines are no t available. Page 56 of 61 r Invitation for Bid (IFB) 781382 k. Apply fertilizer to planting beds and saucer areas as follows: Trees: One (1) pound per inch trunk diameter. Spread fertilizer evenly about the base. Thoroughly water plants before and after ferUlizatlon then mulch. 1. Three inches (3") of mulch shall be placed between and around all plant material within twenty-four (24) hours after any planting. For indi vidual 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 tim e of planting and with due regarded to the natura l form and growth characteristics of each species. All c uts over one-half inch (112) diame ter 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 s hall be thorou ghly cleaned up. 4. Maintenance Prior to Inspection for Acceptance: a. Maintenance shall begin immediately after each plant is pl anted and shall continue throughout the comse of operations on the site. Plants shall be watered by hose soaking thoroughly each day fo r the first two (2) weeks (14 calendar days) and every other day for the following two (2) week period. Soaking th en shall continue on a twice weekly basis for another period of three weeks, amounting to a total of forty -fiv e (45) clays after in s tallation. At th e e nd of thi s hose soaking pe riod, earth saucers shall be co llapsed leaving the guying and/or staking in place, in accordance with these specifications. b. Plant maintenance shall include watering, pruning, spaying, dusting, weeding, c ultivating, mulching, ti g htening , staking, fertilizing and repairing of braces and guys, replacement of sick or dead plants, rese tting plants to proper grades or uprigh t pos ition and restoration of the planting saucer, and all other care needed for the planting saucer, a nd all other care needed for proper growth of the plants. All tr ees and palms shall be w a tered by hand hosin g as fo ll ows: once a day for the firs t th ree (3) weeks a fter planting and three (3) tlmes per week the reafter, until inspection for acceptance. c. Spraying and Dusting: During the mainte nance period and up the issuance of certificate of final acceptance, the Successful Bidder shall do all seasonal spraying and/or dusting of plant m a terial. The materials and methods shall be in accordance with high est standard nursery practices a nd in accordance with all re g ulatory age nci es having jurisdiction. d. Protection: Planting areas a nd plants s hall be protected agai nst trespassing and damage. If any plants become damaged or Injured, they sha ll be treated or replaced as directed. No work s hall be done within or over planting areas or acija cen t to plants without proper safeguards a nd proteclion. e. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with topsoil, ta mping and re -fertilizing by the Successful Bidder, at th e Successful Bidder's expense, if such d ama ge occurs prior to acceptance by the Cily Engineer. 5. Inspection for Acceptance: a. Upon comp letion of all planting , an inspection for ac ceptance of work will be held. T he S uccessful B idder s ha ll notify the City Engineer for sc hedu lin g of the inspection five (5) working days prior to th e antici pated inspect ion date. Partia lly 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 tim e of acceptance for inspection, if the materials are in whole or in s ubstantia lly 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 m aintenance 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 s ame manner . Said replacements are to be made within five (5) working days of said inspection. d. After the inspection for acceptanc e is made and the work is found to be acceptable, the Successful Bidder shall continue to hand water all trees and palms thr ee times a week for four (4) wee ks. 6 . Plant Guarantee and Replacement: a. Guarantee: All plant materials including site relo cated 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 satisfac tory growth at the end of the guarantee period . b. Replacements: During the guarantee p eriod, there shall be mo nthly insp ect ions between the Successful Bidder and the C ity or his representative to ascertain the viability of th e plant mate rial. Any plant tliat is missing, d ea d or fails to become established due to S uccessful Bidder's neg ligence shall be replaced a l 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 nol alive or fails to show satisfactory growth or is missing due to Successful Bidder 's negligence will be removed and replaced at no cost to the Own e r. All replaceme nt after th e fina l inspecLion shall carry a six (6) month replacem ent guarantee. Repla cements shall be made within ten (10) working days afte r final inspection. c. Materials and Operations: All re placements shall be pl ants of the same kind and size specified In th e 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 T h e Successful Bidder s ha ll furnish a ll labor, materials, and e quipment, wa terin g a nd rel a ted work required to co mpl e te the work in accordance with the contract doc ume nts and specifi ca tions. · Scheduling of Work The workshall be as coord i nated with other con tractors as to prevent any co nflic ts in scheduling with others. Personnel All planting s hall be pe rformed by pe rsonne l familiar with planting procedures a nd under th e s upe rvision of a qualified planting foreman. Page 58 of 61 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 preca utions may be taken not to di sturb or damage any surface improvements. The Successful Bidder shall be respo nsible for any damage to utilities and structures and s hall properly maintain th e protection of same. Clean Up The Successful Bidder at all times shall keep the premises fre e form accumulation of wasle materials or rubbish caused by his operations. A t the comple tion of th e work, h e shall remove all waste materi als and rubbish from the projec t site as well as all his to ols, construction equipment, machine ry and surplus materials and shall clean all surfaces and leave the proj ect s ile "broom clean". If th e Successful Bidder fails to clean up, th e Ow ner may do so a nd th e cost th e reof shall be c ha rged to th e Successful Bidder. Submittals Submit s amples of planting soil bl anke t mix and four (4) samples each of the Certificates of Compliance , fertiliz er a na lys is tags, and sod certification . Provide said s ubmittals thirty (30) calendar days after Award of Contract. Materials 1. Soil Blanket: As supplie d by MORRIS MAGIC SOIL or equal. Soil shall be 40% everglades peat and 60% fine lawn sand thoroug hly mixed. N o s ite mixing shall be allowed. 2. Common Fertilizer: Mix #2024 (10 .8 .6} as s upplied by ATLANTIC FLO RIDA EAST COAST FERTILIZER & CHEMICAL, or equal. F ertilizer s ha ll be de li vered to site in unopened containers which s hall bear m anu fact ure r's g uarant ee d s tatem e nt of analysis or a ma nu facture r's Ce rtificate of Complia nce coverin g analysis. Furnis h g uaran tee state ment of certificale of compliance to lhe Owner or his re presentatives. 3. Sod: a. Sod s ha ll be St. Augustine Grass (F lorata m) So lid Sod . b. All sod sh a ll b e of firm lextme , having a compacted growth a nd good rool developm e nt. Sod s ha ll contain n o weeds or obj ecti o n vege tatio n , and be fr ee from fung us , vermin or diseases. Before being c u t and lifted, sod s hall be mowed three (3) tim es with the final mowing not mote than a w eek before cutting into uniform dime nsions . Certifications as to type of grass and other require m ents s ha ll be made and submitled to th e Owner or his re presen tative. 4. Sand: Provide cl ean, fin e sand . 5. Wa ter: T he S uccess ful B idder ls responsible for providing w ater even if none is available on the s ite. Execution Page 59 of61 .r 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 to 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 pl a nting. 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 th e 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 in s p.ec tion 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 imme diately. During delivery, prior to and during the planting of the lawn area, the sod panels s hall at all times be properly protected from excessive drying and unnecessary expos ure of th e roots to the sun. All sod shall be stacked during construction and planting , so as not to be damaged by sweating or excessive heat a nd moisture. g. After sod has been planted and rolled , thoroughly water and fertilize at the rate of ten {10) 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 (%) below the top of abutting paved areas. i. During the so dding operations, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all struc tures and plants. When sodding in an area has bee n completed, the area shall be thoroughly cleaned up. 3. Maintenance Prior to Inspection for Acceptance: Maintenance s hall begin immediately after sodding is executed and s hall conlitiue in accordance with the following requirements: a. The Successful Bidder shall be he ld res ponsi ble for maintena nce of sodded areas, including watering, spraying, weeding, mowing and replanting as necessa ry to establis h a uniform stand of th e s pecific grass and until acce ptance. After th e grass has started, all areas and parts of areas which fail to s how 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 s ha ll 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 w itho ut proper safeguards a nd protection. c. W atering of a ll no n-irrigated sodded areas shall be clon e from a watering tru ck, no temporary irrigation h eads will be a llowed. All sodded areas a re to be watered to provide at least one inch {l ") of water pe r we ek in biwee kly applications. Watering is to co ntinu e until inspection for acceptance is made a nd approved by Public Works. All watering is to be done in the presence or 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 w ill be held. The Successful Bidder shall notify Public Works for scheduling of the inspection ten (10) working days prior to the anlicipated inspection date. b. At the time of acceptance inspection, If the materials are in whole or 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 s hall be extended until replacements are made. Replacements shall conform in a ll respects to .the specifications for new sod and shall be planted in the same manner. 5. Sod Guarantee and Replace ment: a. Guarantee: Sod shall be guaranteed for a period of ninety (90) calendar days after the date of inspection for acceptance unde r P aragraph IV of this Section, and shall be ali ve and In satisfactory growth at the end of the guarantee period. b. Replacement: During the guarantee period Public Works and the Successful Bidder s hall schedule monthly ins pections . 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 h eld, th e Successful Bidder shall then pro ceed to rep la ce sod that is dead or not in satisfac tory condition, said replacement shall carry a ninety (90) calendar days replacement g ua rant ee. c. All non-irrigated sodded areas shall be watered as described under 2B.03.III.C for fo ur (4) weeks after the inspec tion for acceptance . All watering lo be done in th e presence of Public Works or his representative. d. Materials and Operations : All replacemen ts shall be sod of the same kind as specified in th ese Specifi cations. It shall be furni s h ed and planted as specified with th e cos t borne by th e Successful Bidder at no additional cost to Public Works . 6. Maintenance Guidelin es: The Successful Bidder shall s upply Public Works with a detailed main tenance schedule for all sodded areas thirty (30) calendar days after Award of Contract. Page 61of61 Title: IFB No.: List of Subcontractors Completion of Form This form is initially to be completed and submitted with the IFB, listing a!I 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 % of Work Work Note: 1. The work peliormed 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: ~~~~~~~~~~~~~~~- r IFB 781382 Citywide Sidewalk Repair and Replace Attachment B: Reference Submittal Form FIRM NAME : _________________ _ Reference Summarized Requirements: Refer to the details in Section 2 Special Conditions, (Paragraph Section 2.13 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 Companv/Orqanlzation Name: Address: f-'.-'-=.:.:-=-=------------------------------------ Contact Person : Cont ac t Phone Number and Ema il : --·-·----------------------! Date of Contract or Sal e: Prime or Subcontractor: Other (D escription of Service, Total do llar value of Contract, etc.): ,_Qompany/Organization Name: ...Mdress: Contact Person ; S9D~~t Phon e Numb er 9_,n_d_E_m_a_il_: -------------------------, Contact E-mail (if aJPl!.s;..:a,.::.bl..:.e,_): _______________________ _ Date of Contract or Sale : Prime or Subcontractor: Other (Description of Service , Total dollar value of Contract, etc .): Pas t Performance Reference Check #3 Company/Org anization Nam e: f-A--'-'-dd_r_e_ss_: ___________ ......... -·------·-.. -------------------- ,__C_o_nt_a_ct_P_e_r_so_n_: ___________ ... _. ____________________ -i Contact Phone Number and Ema il : f----------------------------------------1 Co ntact E-mail (if aoo li cab le): . Date of Contract or Sa le : Prime or Subcontractor: Other (Description of Service , Tot aldollar val ue.of Contract, etc.): ·-·-···-------'--------------------·---------------·--- 1 Genera l Deci s ion Number: FL180221 01 /05/2018 FL221 Superseded General Decis i on Number: FL20170221 State: Flo_rida Construc tion Type: Highway County: Miami-Dade County in Florida. HIGH WAY CO NSTRUC TION PROJECT'S Note: Under Execu tive Order IEO) 13658 , an hourl y minimum wage of $10.35 for calendar year 2018 applies to a ll contracts subject to the Da vis -Bacon Act for which the con tract is awa r ded (and any solicitation was issu ed ) on or after January 1, 201 5 . lf this contrac t is covered by the EO , the contractor mL1 st pay al l workers in any class.ification l i ste d on t h i s wage determination at l eas t $10. 35 per hour (ox: the applicable wage rate listed on t h is wage determina t ion , if it is high.er) for a l l ho u rs spent per forming on the contract in calendar year 2 018. The EO minimum wage rate ~1ilJ. be adjusted annually. Please no t e that this EO applies to th e a bove -me ntioned typ es o f contracts e n tered into by th e federal government th a t are s ubjec t t o t h e Davi s -Bacon Ac t itself , but it does not apply to contracts subject only to t he Davis-Bacon Related Act s , incl u ding those set forth at 29 CFR 5 .l(a) (2)-160). Additional informa t.ion on contractor r equireme nts and worker protections under the EO is available at www .do l.gov/whd/govcontracts . Modifi ca t .Lon Numb e r 0 Publication Date 01/05/2018 • EL EC 0 3 49 -00 2 0 2/2 7/2017 Rates ELECTRICIAN ...................... $ 32 .1 1 SU FL 2 013 -0 39 0 8 /19/2 01 3 Rate s CARPE NTER ........................ $ 17 .84 CEMENT MASON/CONCRETE F IN ISHER, I nc ludes Form Wo rk ..... $ 15.49 FENCE ERECTOR .................... $ 1 2 . 82 HI GHvmY /PARK ING LOT STRIP IN G : Op erator (Striping Ma chine) ..... $ 15 . 07 HIGH WAY /PARK IN G LOT STRIPING: Pai nt er ......................... $ 1 2 .13 Fringes 1 J. .8 0 Fringes 0 .00 0.00 0.00 o.o o o.oo HI GHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) ........ $ 11.16 INSTALLER -GUARDRAIL ............ $ 13 . 1J 3 IRONWORKER, ORNAMENTAL ........... $ 13 . 4 8 IRONWORKER , REINFORCING .......... $ 18. 4 3 IRONWO RKER, STRUCTURAL ........... $ 16 .4 2 LABORER (Traffic Con trol Specialist incl. placing of cones/barricades /barrels - Setter , Mover , Sweeper ) .......... $ 11.59 LABORER: Asphalt, Includes Raker, Shove l er , Spreader a nd Di stributor ...................... $ 12.31 LABORER: Co mrnon or General .... ,.$ 10.69 LABORER: Fla gger ................ $ 12.53 LABORER: Grade Checker .......... $ 12.41 LABORER : Landscape & Irrigation ......................• $ 9.02 LABOREH: Mason 'I'e nder -- Ceme nt/Concrete .................. $ 13 . 91 LAB ORER: P.lpe.layer .............. $ 15.02 OPERATOR: Backh oe/Excavator/Trackhoe ., ..... $ 1 6.24 OPE:RATOR : Bobca t/Skid Steer/Skid Loader .... ,., ..... , ... S 12 .88 OPERATOR : Boom .................. $ 18. 95 OPERAT OR : Boring Machine ........ $ 15.29 OPERATOR : Broom/Sweeper ......... $ 13.01 OPERATOR : Bu lldo z er: ............. $ 16.77 OPERJ\TOR: Concr:e te finishing Machine .........•........•....... $ 15 .44 OPERATOR: Concrete Saw •.•....... $ 14,43 OPERATOR : Crnne .•.. , •........... $ 22. 4 6 OPE:RATOR : Curb Machin e .......... $ 20.74 0.00 0 .00 0.00 0 .00 0 .00 0.00 0.00 0 .00 0.00 0.00 0.00 3 .50 0.00 0.00 0.0 0 0 .00 0 .00 0 .00 0 .00 0 .00 0 .00 0.00 0 .00 OPERATOR: Di s trib utor ........... $ 13.29 0.00 OPERA TOR : Drill ................. $ 14 .78 0.00 OPERATOR: Forklift .............. $ 16.32 0.00 OPf~RATOR : Graclall ............... $ 14. 71 0 .00 OPERl\TOR: Grad e r/Blade .......... $ 20 .22 3 .85 OPERATOR : Loader ................ $ 15.53 0.00 OPERA'rOfi.: Mechanic .............. $ 18.03 0.00 OPF;RATOR: Milling Machine ....... $ 14.67 0.00 OPERATOR: Oi l er ................. $ 1 6 .32 0.00 OPERATOR: Paver. U:\sphalt, Aggrega t e, and Concrete) ......... $ 13.61 0.00 OPER.l\TOR: Piledrive r ............ $ 17.23 0.00 OPERATOR : Post Drive r (Guardrail/Fences) ............... $ 14. 45 0.00 OPERATOR: Rol l er ................ $ 13. 67 0.00 OP ERA TOR: Scraper ............... $ 12.01 0.00 OPERATOR: Screed ................ $ 14 . 15 0.00 OPEHATOR: Tractor ............... .<; 12 .19 0 .00 OPERATOR : Tr~nch er .............. $ 14 .74 0.00 PAINTER: Spray , ................. $ 16 .52 0.00 SIGN ERECTOR ..................... $ 12 .96 0 .00 TRAFFI C SIGNALIZATION: Teaffi c Signal Insta llation ...... $ 1 9 .07 0.00 TRUCK DRIVER : Di.stributor Truck ........................ , ... $ 14 . 96 2 .17 TRUCK DRIVER: Dump 1'r u ck ........ $ 12 .19 0.0 0 '!'RU CK DRIVER: Flatbed 'l'r u ck ..... $ 14 .28 0 .00 TRUCK DRIVER : Lowboy Truc k ...... $ 15 .07 0 .00 TRUCK DRI VER : Slurr y Truck ...... S 11. 96 Q.00 '!'RUCK DRIVER: Vactor: Truck ...... $ 1 4.21 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 (EO) 13706, Establishing Paid Sick Leave for Federal 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 t o 56 hours of pa i d sick leave each year. Employees must be permitted t o use paid sick leave for their own illness, injury or other h eal th-related n eeds , including preventive care; to assist a family member (or person who is l.ike f a mily to the employee) who is ill , injured, or has other he&lth-related needs, including preventive care; or for reasons resulting from, or to assist a fami l y memb er (or person who is like family to the e mployee) who is a victim of, domestic violence, s .exual assault, or stalking. Additional informa t ion on contractor requirements and worker protection s under the EO i s availabl e at www.dol.gov/whd/g ovcontracts. Unlisted classifications needed for work not included with in th e scope of the classifications listed may be added after aw ard only as provided in the labor standards contract clauses (2 9CFR5.5 {a ) (1) (ii )). Th e body of each wage determina tion lists the classification a nd wa ge rates that h ave been f ound to be prevai ling foe the ci ted type (s) of construction in the area covere d b y the wage d e t e rmina t ion. Th e c lassification s are liste d in a lpha betical o r der of "identifiers " tha t indicate whether the particula r rate is a un ion rate (c ur re nt u nion n egot i ated rate for l oca l), a s urvey rat e (w e igh t e d average r ate ) or a union averag e ra t e (wei g hted unio n average rate) . Uni on Ra te Ide ntifi ers A fo u r l e tter c l assifi cation abbreviatio n i dentifier e n clo sed in dot t e d line s b e ginning with c ha racters oth er than "SU" or "UA VG'' d e not es that the unio n c l as s ificat i o n a nd rate were prevailing fo r t h at c l assifica t ion i n the s u rve y. Ex a mp le : PLUM0198-005 07/01/2 014. PLUM i s an abbreviation ide ntifier of th e un ion wh ich prevailed i n the surv ey f or t hi s c l assJ.fication, whi c h in t h is e xampl e would be Plumbe rs. 0198 incLL cates the loca l union number or district council. numb er wh ere app l icable , i.e ., Pl umb e r s Loca l 0198 . The next numb er , 00 5 in the exampl e , i s an intern a l num ber u sed in pro cess ing t h e wage d etermina ti on . 07/01/2 014 is the effec tive d ate of the most c u rrent negotia ted rate, which in this example is July 1 , 2 014. Uni on prevailing wage rates are updated to re flect all ra te changes i n the collecti ve bargaining agreement (CBA) govern ing this classification a nd ra t e . Survey Rate Ident ifiers CJ.assi.ficat i o n s li.sted unde r the "SU " identifie r indica t e that n o one rate preva il ed for this c la ssi fication in the survey and t he published rate is derived by computing a weighted average rate based on a l l the rat es reported in the survey f o r that classification. As thi s we ighted average rat e includes al l rates reported in the survey, it may include b o th uni o n and non -union ra tes . Examp le : SULA2012-007 5 /1 3/2014 . SU indicates the rates are surv ey rates based on a weighted average ca l c ula tio n of rates a nd are n ot majority rates . LA indicates the Stat e of Lou isiana. 20 12 i s the year of survey o n wh ich these c lassifications and rates a r e based. Th e next number, 007 in the example, is a n i nternal number used .in producing the wage detenni nat.ion . 5/13/2014 indicates th e survey comp letion date f or the c lassifications and rates under that identifier. Survey wa g e rates are no t u pdated and remain in effec t until a n e w survey is condu cted . Union Average Rate Identifiers Classification(s ) lis t ed under the UAVG identifier indicate that no single majority rate prevailed for those c l assification s ; how e v er , 100% of t he data r e ported for the c lassifications wa s union data. EXAMP LE: UAVG -OH-001 0 08/29/2 014. UAVG indicates that the rate is a weighted uni o n aver<1ge rate . OH indicates the state. The ne:{t number, 00 10 in the example , is an internal n w~er used in producing the wag e determi n a tion. 08/29/2014 indica tes the survey comp l etion da te for the c l assif i cation s and rates under that identifier. A UAVG rate wi ll be upclated once a year , u s u a lly in J anu a r y o f each ye ar, to reflect a weighted ave r age o f t h e curren t n e goti a ted/CSA rate of the uni on loca l s from whi c h the rat e is b ased . WAGE DETERMINATIO N APPEALS PROCES S 1 .) Ha s the r e b e en an initial de cis ion in the matter? Th i s can be: * an ex i sting published wage d etermination a s u rvey underlying a wage d e t ermi nation a Wag e a nd Ho u r Divi s i o n l etter setting forth a pos ition on a wag e d etermination mat t er .. a conformance (additional class i fication and rate ) ruling On survey related matters, initial contact, including reque s ts for surrunaries of surveys, s h ould b e wi th the Wage and Hou r Regional Offi ce for the area in wh ich the survey was conducted because those Regional Of fices have responsibilit y for the Davis-Ba c o n survey program. If the response from this initial contact is n ot satisfactory, then the process described i n 2.) a nd 3.) should be fo llowed . With regard to any other matter not yet ripe for the forma l proces s described here, initial contact should be with the Branch of Construction Wag e Determi nations. Writ e to: Bra nch of Construction Wag e Determi nation s Wage and Hour Di vision U.S . Departme n t of Labor 200 Constitution Av e nue , N.W. Washingto n, DC 20210 2.) If the answer to the question i n 1.) is yes, then an interested p arty (those af f ec t ed by the action) can request review and reconsideratio n from t h e Wage a nd Hou r Administra tor (See 29 CfR Part 1 .8 and 29 CFR Part 7). Write to : Wage and Ho ur Administrator U.S. Departme nt o f La b o r 2 00 Co n s titution Av enue, N.W. Wash ing t on, DC 20210 The request s h ould be accompa ni ed by a ful l s t atement of the interested party 's position and by any informa tion {wage payme nt d ata , project description, area practice ma t erial , etc .) that t h e requ es t or considers relevant to th e issue . 3 .) If the decision of the r~clministrator is not favorab l e , an interes t e d party may appeal direc tly to t h e Administrative Review Board (formerly the Wage Appeals Board ). Write to : Administrative Review Board U.S . Depar tme nt of Labor 2 00 Constitution Avenue , N.W. Washington , DC 20210 4.) All d ecisions by the Administrative Review Board are final . ==;.::==:-=-=;;;;======~=:=.:====::::::~~~-":"::=====·=========e::.-:::=:.=:=~~~=~=~~=========== END OF GEN l::RAL 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 tt1e award documents for all subawards at all tiers (includ ing subcontracts, subgrants, and contracts under grants, loans, and cooperative ag reements) and that II subrecipients shall certi fy 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 fi le the required certification shall be subject to a civil pen alty of not less than $10,000 and not more than $100,000 for each such fa ilure . 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 agre es that the provisions of 31, U .S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Author iz ed Official Name and Titl e of Contractor/Contractor's Authoriz ed Officia l Dat e: ________________ _ ATTACHMENT E CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. ·LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESW Footnotes: ---(9) --- Note-Section 5 of Ord . No. 12 737 st3t.;)S th at this article shai l be effective Octobe r 1. 20G6. Editor's note·-1-;)ricr to the adoption cf Ord . No. 12787 . Ord. i'lo. 12;323. § 2. adopted De<:ember 9. 200-1. re;J•33ied .3rt i1:!<;i X. cois!cf's 1--4. in i ts entirety. •,vhich pertained to th ~ econom ic d1~·,-e !oprnent fin a:1cing authority"and derivr~d frorn Ord No. '12062 , § 3, adopted May 10. 200 1. 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 the reof, or any successor t hereto. Contract means any contract to provide services to the city in which the total value of th e contract exceeds $100,000.00 per year. Contractor m eans any "for profit" individual, business entity, corporation, partners hip, limited li ability company, joint venture, or similar bu siness entity which meets the following criteria: ( 1) The contractor is paid in whole or part from one or mo1·e of the city's general funds , capital project funds , special revenue funds, or any other funds, including, but not limi te d to, grants, donations, and the like, whe the r by competitive bid process, requests for proposals , or some other fo rm of competitive solicita ti on, negotiation, or agreement, or any other decision lo enter into a contrac t; and (2) Th e contractor is engaged in th e business of or part of a contract to provide services for th e benefit of th e city. This section shall apply to emp loyees of th e contractor who spe nd th e majority of th e ir tim e on c overed City of Miami service contracts . If th e contrac t is for both goods and services it shall only apply to th e services portion of such contract. Th is section sh all not apply to contracts which are primarily for the sale or leasing of goods. Goods ar e defin ed in section 18-73 of the City Cod e. Co vered employee means an yone employed by th e city working more than 35 hours per w ee k or any service contractor employee, working full or part-time, with or without benefits, th at is involved in providing services under the service co ntractor's contract with the city. Cove red employer means th e ci ty and any and all service contra ctors and subcontractor s of a service con tractor. Living wage mean s a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annu ally by an amount equivalent to th e cost of living adjustment for Miami -Dade County as published by th e Uni ted States Department of L abor, Bureau of Labor Statistics . Language so stating will be included in all request for proposals, or other co mpe titive solicitation documents, issued by the city for the procurement of se 1v ices (unless th e living wage provi sions are exclud ed as provid ed in secti o n 18-557 herein). N ew service contracts means th ose having con tr acts compe titivel y so licited and aw arde d on or afte r Ja nu ary 1, 2017. Pag e 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 benefits 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 paym ent of the living wage set fo rth 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 w age provision is di sa llowed by a federal or state law or reg ul ation, 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 awa rded under the "Consu ltants Competitive Negotiation Act", F.S. § 287 .055, for the professional services within the scope of th e practice of architecture, professional eng ineering, landscape architecture, regis tered surveying, and/or mapping; d. The living wage provi sion is waived by the city commission by resolL1lion, 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 internst(s} of the city to approve such waiver, in which case the living w age provision shall not apply in the competitive solicitation document; or e. All responsible w age construction contracts cov ered by section 18-1 20 of thi s Code. ( 4) City employees. For covered employees of the city, the city will begin to pay the living wag e on a phase · in ba sis over a nine-year pe riod beginning with th e 2006-2007 city budget year to be implemented in th e 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 in terest lo complete the phase-in payment of living wage to city employees on a four-year period. Th e reafter, the living wage to be paid by the city s hall be subject to negotiations within the collective bargaining structure. (b} Health benefits; eligibility period. For a cove red employer to comply with thi s article by choosing to pay the lower wage scale available when a covered employer also provides a standard health ben efit plan, such health benefit plan shall consist of a p a yment of at least $1.81 per hour toward th e provision of health benefits for covered employees and their dependents and shall be approved by the city. If the h ea lth benefit pl an of the covered employer requires an initial period of employment for a new employee to b e eligible for health ben efits (the "eligibility period"}, a covered employer rnay qualify to pay th e $·13.19 per hour w age sca le for a term not to exceed th e new employee's e ligibility period, provided th e new employee will be paid health ben efits upon comple tion of the eli gi bility period, which period sh all not exceed 90 days. (c) Certification required before payment. Any a nd all service contr ac ts subject to thi s article shall be void, and no fund s ma y be released, unless prior to e ntering any such contract with th e c ity, the service contractor certifies to the city that it will pay each of its covered employees no less th an the living wage. A copy of this Page 2 certificate must be made available to the public upon request. The certificate, at a minimum, mus t include th e 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 all 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 accou nt (except as such payroll deductions as are directed or perm itted 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 living wag e rate shall be kept posted by the se1-vice contractor subject to this article, at the site of the work in a prominent place wh ere it can easily be seen and read by the covered employees and shall be supp li ed to such emp loyees within a reasonable time after a request to do so . Additionally, service 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 requirement s will not be required where the service contractor subject to this a1iicle, prints the following statements on the front of the covered em ployee's first paycheck and every six mo nths th ereafte r. "You are requ ired by th e City of Miami Living Wage Ordinance to be paid a living wage . If you do not beli eve you are being paid at th e living wage rate, contact your employer, an attorney, or the City of Miami." All notices will 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 thi s 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 se rvic e contractor lo which living wage requirements apply, as describ ed in th is article, shall maintain payroll record for all covered employees an d basic records relating th ereto and sha ll preserve th em for a period of thre e years from th e date of termi nation or expi ration of the service contract. The records shall con tain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hou rs worked each day; (4) The gross wages earned and deductions made; (5) Annual wages pai d; (6) A copy of th e social security returns and eviden ce of payment thereof; (7) A record of fringe benefit payments including contributions to approved pl ans; and (8) Any other data or information the city shall require from time to tim e. (b) Reporting payrofl. Every six mon th s , the service contractor to which living wage requirements app ly, as descr ibed in this article, shall file with th e ci ty's procurem ent director a li sting of all covered employees to ge ther with a cert ifi cation of comp li ance w itll thi s a1i icl e. Upon request from th e city, the service contractor shall p roduce for in spection an d copying its payroll records for any or all of its covered employee s 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 . Th e service contractor shall permit city emp loyees, 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 service 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 requi rements 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 allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former cove re d employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such pro cedu re, bring an action by filing suit against the service contractor in any court of competent jurisdic tion to enforce th e provi sions of this article and may be awarded back pay, ben efi ts, attorney's fees, and costs. The applicable statute of lim itations for such a claim w ill 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 article, the city shall sanction a service contractor by requiring the service contractor to pay wag e restitution at its expense for each affected employee. The city may a lso sa nction the service contractor in at least one of the following add itional w ays: (1) The city may impose damages in the sum of $500 .00 for each week for each covered employee fou nd 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) Th e city may declare the service con tr actor inelig ibl e for future servi ce contracts for three years or unti l all penalties an d restitution have been paid in full, whichever is long e r. 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~llgible under this article. (4) If the contract has been awarded under the city procurement ordinance, the ci ty rnay debar or suspend th e contractor as provided th ere in . (e) Public record of sanctions . All such sanction s recommended or im posed shall be a matter of public record. (f) Sanctions for aiding and abe tting . Th e sanctions contained in this article shall also apply to any party or parties aiding and abetting in an y violation of thi s articl e. (g) Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate aga inst any covered employee for making a complaint to the city, or otherwise asserting his or her rights under thi s article, participating in any of its proceedings or using any civil rem edies to enforc e hi s or her rig hts und er thi s article. Allegations of retali atio n or discrimination, if found tFUe in a city administra tiv e proc eed ing or by a court of compe te nt juri sdiction, shall result in an order of res titution and reinstatement of a discharged covered employe e with back pay to the date of th e viol ation or such oth er reli ef as de em ed appropriate . Page 4 (h) Remedies herein non-exclusive. No r emedy set forth in this ariicle is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this a11icle 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) S ec. 18-560. -Employers receiving direct tax abatement or subsidy. The city reserves the right to impose th e living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a d irec t tax abatement or subsidy from the city. (Ord . No . 13648, § 2, 11-17-16) Secs. 18-561-18-599. -Reserved . Pag e 5 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter l 8, Article Ill, Section l 8-73) Solicitation Type and Number : _________ (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) ---------------(Bidder/Proposer) hereby certifies compliance with the local O.f]lce requirements sta te d under Chapter l 8/Aiticl e m, Section 18 -7 3, of the Code of the City of Miami, Florida, as amended. Local office means a busin ess within the city wh ich mee ts all of the following criteria : (l) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate lim its of the city, for a minimum of twelve (12) months immedi ate ly preceding the date bids or prop osa ls were receive d for the purchase or contract at issue; for purposes or this sectio n, "staffed" shall mean verifiable, full-time, on-s ite employment at the local office for a minimum of forty ( 40) homs per ca lendar wee k, whether as a duly authori zed employee, officer, principal or owner of the local business; n post office box shall not be sufficient to constitute n local office within the city; (2) If tlie business is locate d iu the permanent structure pt1rsuant to a lease, such lease must be in writin g, for a tenn of no less than twelve ( l 2) months, been in effect for no less than the Lw elve ( 12) months immedia tely preceding th e date bids or propo sals were received, and be availab le for review and approval by the chief pro curement officer or it s designee; for recentl y-exec ut ed leases th at hav e been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were re ce ived, n prior fully-executed lease w ithin the corporate limits of the city that documents, in w rit ing, continuous business residence within the . corporate limits of th e city for a tenn of no less than the f:\:velve ( 12) month s imm ed iately preceding the date bids or proposa ls were received shall be acceptable to satis fy the requ ireme nts of this section, and shall be availabl e for review and approval by the chief proc ur ement otftcer or it s designee; further requiring that histori ca l, cleared rent checks or other rent payment do cumentation in writing th at documents loca.l office tenancy s hall be avai la ble for rev iew and approval by the chief procurement office r or its designee; (3) Hos had, for a minimum of twelv e (l 2) months immediately preceding th e date bids or proposals were received for th e purchase or co ntra ct at issue, n current business tax receipt .issued by both the city and Miami- Dflde County, if applicable; nnd (4) Has had, for a minimum of twelv e ( 12) month s imm ediat ely preceding the date bid s or proposals were received for the purcha se or contra ct at is sue, any license or certificate of compe tency and certificate of use req uire d by either the city or Miami-Dade County that authorizes th e perfonnance of soid bu s iness operations; and (5) Has cerli fied in writing its comp lian ce wit h th e foregoing at lhe time of subm itting its bi d or propo sal to be eli gibl e for consideration under this section; provided, however, th at the burden of proof to provide all s uppor tin g do cum entation in s upport of thi s loca l offic e ce rtifi ca tion is borne by th e busin es s npplicanL su bmittin g a bid or proposal. FORM -City of Miami Local Office Certification 7/22 /2013 1 { PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: ~~~~~~~~~~~~~~~~~~~~~~~ Does Bidde r/Proposer cond uct verifiable , foll-I time, on-site employment at the local office I D YES D NO for a minimum of fo1iy (40) hours per ca lendar week? If Bidder/Proposer's Local Office tenancy is _[]_ D NOUN/A pursuant to a lease, has Bidder/Proposer YES enclosed a copy of the lease? Ci ty of Miami: D __ YES D NOD Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) is sued by the Miami ~Dacle County : fi YES D Noll Exempt City of Miami and Miami-Dade County? Cite Exemption: ---·- ..,..w ___ Has Bickler/Proposer enclosed a copy of the license, certificat e of competency and D D certificate of use that authorizes the YES NO performance of Bidder/Proposer's business operations? Bidder/Proposer's signature be low certifies compliance with the Local O.flice requirements stated under Chapter 18/ Article HI, Section 18-73, of the Code of the City of Miami, Florida, as amended . Print Name (Bidd er/P roposer Authorized Representative) Signature FORM-City of Miami Loca l Olf!ce Ce rtifi ca tion 7/22 /2013 2 -------·--------- Date STATE OF FLORIDA COUNTY OF _____ _ Certified to and subscribed before me this __ clay of _______ , 20 ___ , by (Signature of Notaiy Public-State ofFloricla) (NOTARY SEAL) lli.ame of Notary Typed, Printed, or Stamped) Personally Known _________ OR Produced Identi fication ___________ _ Type of l:denti:fication Produced ____________________ _ FORM-City of Miami Loca l OHice Ce rtlric~tlo n 7/22/2013 3 line No. 2 3 4 5 6 7 8 9 10 11 12 13 L Pay Item D·escription Install standard 4-inch, 3,000 psi concrete sidewalk, 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 sidewalk landing 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 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 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 fimerock base with primer oil surface including necessary clearing and grading, as noted in these specifications. as aooroved by Citv EnQineer. Install St. Augustine Solid Sod in place. if necessary, including planting soil, grading, leveling of the swale area and top dressing, as approved bv City Encineer. Erect/ stake and brace faiien trees/palms, any size. including 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 ex~sting 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 located in sidewalk to be reolaced. if necessarv. at any 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 f Quantity I Total Cost 200,000 $0.00 100,000 $0.00 300,000 $0.00 5.000 $0.00 5,000 so.co 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, new fill material, compaction 2,000 $0.00 and levelinQ of the area, etc. Foot Remove existing asphalt, concrete or sod at swale areas, clearing and grµding 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 materiar, 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, 5,000 $0.00 compaction and leveling of the area, etc. and resetting the existing Foot bricks in same area, at any location citywide. New standard brick pavers insta!lation, 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 !eveling of the area, utility rim border, etc., aOcl Foot installing 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 instaHedl reset including Foot 1,000 $0.00 clearing and grading, tree trimming, tree root removal, new fili 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 SS0,000.00 L ·--···-··-····-.. ··-····· ---....... ···-······· ....... --. Line No. 2 3 4 5 6 7 8 9 10 11 12 13 L Pay Item Description Install standard 4-inch, 3,000 psi concrete sidewalk, 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 sidewalk landing 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 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 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 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 necessary, as oer 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 limerock 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 bY Citv Enoineer. Erect/ stake and brace fallen trees/palms, any size. including all appurtenances on an "as needed" basis at locations citywide, cfose to the proiect 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 located in sidewalk to be reolaced, if necessary, at anv cltvwide 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 SO.OD 300,000 $0.00 5,000 $0.00 5,000 $0.00 5,000 $0.00 50 $0.00 5,000 SG.00 500 so.co 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 materiai, compaction Foot 2,000 $0.00 and !evelinq of the area, etc. Remove existing asphait. concrete or sod at swale areas, clearing and grading to 6-inches lower than face of sidewalkl 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, <ind maintenance the 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 exi.sting 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 levellng 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 material, Foot 5,000 $0.00 compaction and leveling of the area. utifity rim border, etc., and installing new brick pavers, at any location citywide. Typical 4'x4', more or less, 6"x12" concrete planter/headerfor those locations where the plantersltieaders are damaged or non existing and Linear 19 located where the brick sidewalk will be installed/ resei including Foot 1,000 so.co clearing and grading, tree trimming, tree root removal, newflll 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 1,000 $0.00 control. Foot 23 SPECIAL PROVISION :: Contingency Allowance ~ $50,000.00 $50,000.00 '--- ( Dl'IWJUN of L 01 <" fJ Dl {i~TJD.1"f 0 w1 ojji!'iu! li1a1? of Flo rido wi!foil? DeRartment of State I Divisio n of CorRorations I Search Records I Search by Enti!Y. 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 4730NW128TH STREET ROAD OPA-LOCKA, FL 33054 C hanged : 01/24/201 7 Mailing Address P.O. BO X 4582 HIALEAH, FL 33 014 C hanged: 09/28/2015 Registered Agent Name & Address REYES, CARIDAD X 4730NW128TH STR EET ROAD OPA-LOCKA, FL 33054 Name Changed : 05/0 6/2010 Address Changed: 01 /24/20 17 Office r/Director Detail Nam e & Address T itle P R EYES , ANTONIO D I V I S I ON OF CORPORATI ONS r 16742 NW 78 CT 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 Jime nez, Lester P.O. BOX 4582 HIALEAH , FL 33014 Annual ReP-orts Report Year 2020 2021 2022 Document Images Filed Date 01/30/2020 04/19/2021 01/31/2022 01/31/2022 --ANNUAL REPORT 04/19/2021 -ANNUAL REPORT 01/30/2020 -ANNUAL REPORT 04/10/2019 -ANN UAL 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 04/12/2013 -ANNUAL REPORT 04/09/2012 -ANNUAL REPORT 04/26/2011 -ANN UAL REPORT 05/06/20 10 -Amendment and Name Chang~ 04/29/201 o -AN NUAL REPORT 03/05/2009 A NNUAL REPORT 04/24/2008 -A NNUAL REPORT 0 2/28/2007 -A NNUAL REPORT 07/05/2 006 -A NNUAL REPORT 04/28/2005 -A NNUA L REPORT 0 5/01 /2004 -A NNUA L REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF fo rmat Vi ew image in PDF fo rmat View image in PD F format View image in PDF format View image in PDF format View image in PDF format ~~~~~~~~~~~~~ View image in PDF form at View image in PDF format View image in PDF format View image in PDF format Vi ew image in PDF format View image in PDF format View image in PDF format 04/25/2003 -ANNUAL REPORT 04/22/2002 -ANNUAL REPORT 04/30/2001 -ANNUAL REPORT 03/28/2000 -ANNUAL REPORT 02/01/1999-ANNUAL REPORT 05/29/1998 -ANNUAL REPORT 01/22/1997 -ANNUAL REPORT 04/25/1996 -ANNUAL REPORT 02/01/1995 -ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of St<1le, Ol'l1s1on of Corpor.1tions 120 CITT SURTAX-TRANSPORTATION F Account iPercent 120 .3210.541464 0 % REPAIR & MAINTENANCE -SIDEWALKS Total for (2) Operating Expe nses Total expenses 3210 (Fund 120) ST A roP.riated 500,000.00 500,000 .00 500,000.00 500,000.00 500,000.00 500,000.00 Fiscal Year: 2023 iExJ>ended 0.00 Trial Balance - Encumbered Balance Last Date 0.00 500,000.00 1011 1202 2 0.00 500,000.00 0.00 500,000.00 ~~~~~-~-~~~~-~~·~~~~~~~~~~~~~~~~~__,,..~~~~~~~~~~~~~~~·~~ l ;... -· ·' 500,000.00 ·: Total !Expenses for !Fund 120 $00,000.00 ... "" ,., 0.00 500,000.00 Expenses --."<, Fund Totals 120 CITT SURTAX -TRANSPORTATIO $500,000.00 $0.00 $0.00 $500,000.00 Revenue!Expenses Balance: $0.00 120 C ITT SURTAX -TRAN SPORTATION FUND Fu n Tr ia l Balanc e -Expenses Pri nted: I 2/5/2022 Pa ge: 2