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HomeMy WebLinkAboutBack-Up DocumentsTABULATION OF BIDS IFQ 1623389, Replace Pilings at Dinner Key Marina Dock and Marine Kearns Kearns -Best and Final Offer Item Description Est. Qty UOM Unit Price Extended Amount Unit Price Extended Amount Unit Price Extended Amount 1 Total Price, Inclusive of all Parts, Equipment, Materials, and Labor and Mobilization Costs to Replace Fifty (50) Greenheart Pilings at Dinner Key Marina 1 Dollar $195,000.00 $195,000.00 $191,750.00 $191,750.00 2 Cost to Replace Additional Greenheart Pilings over Fifty (50) at Dinner Key Marina, Inclusive of all Parts, Equipment, Materials, Labor and Mobilization Cost (not to be evaulated) 1 Dollar $3,900.00 $3,900.00 $3,835.00 $3,835.00 Total $195,000.00 Non -Responsive $191,750.00 Lowest Bid Prepared by: Teresa Soto, January, 2023 FROM. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager DocuSigned by: AAd.re,-, (J. Frey `-9AB076EOCF7E4C0... Andrew W. Frey, Director Real Estate & Asset Management DATE FILE: SUBJECT: REFERENCES: ENCLOSURES: July 17, 2023 Retroactive Approval of Capital Work The Department of Real Estate & Asset Management (DREAM) identified the need at the Dinner Key Marina to replace dilapidated pilings to ensure boater safety and prevent boat damage. DREAM worked with the Department of Procurement (Procurement) to issue an Invitation for Quotation ("IFQ") No. 1623389 for a contractor to replace pilings, with a base fee for the first 50 pilings and a fee per piling in excess of 50, contemplating that additional replacement would likely be needed. The IFQ resulted in only one responsive, responsible bidder, Kearns Construction Inc. (Kearns), which proposed a base fee of $191,750.00 and a fee per additional piling of $3,900. Purchase Order No. 2203805 was issued to Kearns for the project, and in December of 2022 they started work. As work progressed and DREAM staff observed in greater detail the condition of pilings at the marina, it was determined that 48 more pilings needed to be replaced. In February of 2023, DREAM worked with the Office of Management and Budget (OMB) to request that project's budget (40-B173401) be increased for 48 additional pilings. To maximize boater safety and avoid de -mobilization and re - mobilization costs from the contractor, Kearns continued replacing pilings. In June of 2023, OMB approved, Requisition No. 275746 (Req) for the additional work, but it was discovered that such additional work would put Kearns over their cap by $75,830. Thus, DREAM requests that Kearns cap be increased by the amount necessary to cover the additional work contemplated by the IFQ. They were the only bidder for the work, and the work is needed to ensure boater safety in the Dinner Key Marina. x Approved Rejected DocuSigned by: argUAr b (.31� Arthur oriega ,41 ity Manager CC: Annie Perez, CPPO, Chief Procurement Officer AWF/hmm City of Miami Invitation for Quotation (IFQ) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFQNumber: Title: Issue Date/Time: IFQClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 1623389 Replace Pilings at Dinner Key Marina 17-JAN-2023 @ 17:00:00 Voluntary Tuesday, December 20, 2022 at 10:00 AM Virtual via Microsoft TEAMS, +1 786-598-2961, ID: 889 673 192# Tuesday, January 10, 2023 at 5:00 PM Soto, Teresa City of Miami - Procurement 444 SW 2 Ave, 6th Floor Miami FL 33130 US TSoto@miamigov.com (305)400-5024 Page 1 of 17 Certification Statement 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 service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME- ADDRESS - PHONE: FAX - EMAIL: CELL(Optional) SIGNED BY - TITLE: DATE FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 17 Certifications Will Subcontractor(s) be used? (Yes or No) If Subcontractor(s) will be used, please indicate name and the extent of the work they will be performing under this contract If Subcontractor(s) will be used, copies of their license(s) must be attached to your bid response. Have you attached copies of license(s)? Yes or No Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 1/1/22). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Does Bidder have any pending lawsuits with or against the City of Miami, any of its agencies and/or instrumentalities? (Yes or No). If Yes, please list. Does Bidder have any record of criminal activities? (Yes or No). If Yes, please list. Has Bidder declared bankruptcy within the past seven (7) years? (Yes or No). If Yes, when? Does Bidder have any prior or pending litigation, either civil or criminal, involving a governmental agency, or which may affect the performance of the services to be rendered herein, in which the Bidder, any of its employees, or subcontractors is or has been involved in within the last five (5) years? (Yes or No). If Yes, please list. Page 3 of 17 Line: 1 Description: Total Price, Inclusive of Parts, Equipment, Materials, Labor and Mobilization Costs to Replace Fifty (50) Greenheart Pilings at Dinner Key Marina, Pursuant to Section 3.1, Specifications/Scope of Work. Category: 21025-49 Unit of Measure: Dollar Unit Price: $ Line: 2 Number of Units: 1 Total: $ Description: Cost to Replace Additional Greenheart Pilings over Fifty (50) at Dinner Key Marina, Inclusive of all Parts, Equipment, Materials, Labor and Mobilization Cost, Pursuant to Section 3.1, Specifications/Scope of Work. Category: 21025-49 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 4 of 17 Invitation for Quotation (IFQ) 1623389 Table of Contents Terms and Conditions 6 1. General Conditions 6 1.1. GENERAL TERMS AND CONDITIONS 6 2. Special Conditions 7 2.1. Building/Specialty Trades Contract Provision 7 2.2. PRE -BID CONFERENCE 7 2.3. VOLUNTARY SITE VISIT 7 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 7 2.5. INSURANCE REQUIREMENTS 7 2.6. BIDDER'S MINIMUM QUALIFICATIONS 10 2.7. LICENSES AND PERMITS 10 2.8. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT 11 2.9. LOCAL OFFICE PREFERENCE 11 2.10. PUBLIC ENTITY CRIMES 11 2.11. NO SUBSTITUTIONS 12 2.12. METHOD OF AWARD 12 2.13. TIE BIDS 12 2.14. NOTICE REGARDING "CURES" 13 2.15. SAFETY MEASURES 13 2.16. PUBLIC SAFETY 13 2.17. COMPLETED WORK 14 2.18. LIQUIDATED DAMAGES 14 2.19. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS 14 2.20. PROJECT MANAGER 14 2.21. FORCE MAJEURE 14 2.22. PRIMARY CLIENT 15 2.23. TERMINATION 15 3. Specifications 16 3.1. SPECIFICATIONS/SCOPE OF WORK 16 Page 5of17 Invitation for Quotation (IFQ) 1623389 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS 1.2. Please quote on the Invitation for Quotation, your best price, terms, and delivery for the items specified therein. Substitute offers will be considered if differences in specifications are explained, unless "No Substitution" is specified. 1.3. All quotations are to be F.O.B. Destination unless otherwise indicated. 1.4. If submitting a hardcopy format, this form must be completed in full, signed and returned, in order to be valid. 1.5. A copy of current City of Miami Occupational License must be submitted, in order to qualify for the City's Local Preference Ordinance. 1.6. Prices shall be firm for a minimum of 180 days after receipt of Quotation. 1.7. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. Page 6of17 Invitation for Quotation (IFQ) 1623389 2. Special Conditions 2.1. Building/Specialty Trades Contract Provision This Request for Price Quotation is issued pursuant to Section 2.24 of the Building/Specialty Trades Contract, RFQ 184144. Prices quoted under this solicitation shall be in accordance with the terms and conditions of RFQ 184144, in addition to those specified herein. 2.2. PRE -BID CONFERENCE Potential Bidders are not required to attend the Voluntary Pre -Bid Conference, which will occur on Tuesday, December 20, 2022 at 10:00 AM, at Virtual via Microsoft TEAMS, +1 786-598-2961, ID: 889 673 192#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required, prior to submitting a Bid, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. No allowances will be made because of lack of knowledge of these conditions. Bidders are encouraged to visit the site. The purpose of the Pre -Bid Conference is to allow potential Bidders an opportunity to present questions to City staff and obtain clarification of the requirements of the Solicitation documents. Attendance is Voluntary. 2.3. VOLUNTARY SITE VISIT Prior to submitting the Bid, the Bidder is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials and labor required. The Bidder should examine carefully the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For a site visitation appointment, contact Guillermo Quinones, via email at gquinones@miamigov.com, or at 305-329-4764. All site visits shall be completed by the Deadline for Receipt of Request for Additional Information/Clarification as stated in Section 2.4. At the site visit, the Project Manager or designee will not be able to answer any questions. Please submit your questions via email to Teresa Soto, at tsoto@miamigov.com, by the Deadline for Receipt of Request for Additional Information/Clarification, as stated in Section 2.4. 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Teresa Soto; fax: (305) 400-5024 or email: tsoto@miamigov.com. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, January 10, 2023 at 5:00 PM. All responses to questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.5. INSURANCE REQUIREMENTS INDEMNIFICATION Page 7of17 Invitation for Quotation (IFQ) 1623389 Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its 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 permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. 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. Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder 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 Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -contractor under this Contract. Ten dollars ($10) of the payments made by the 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 Successful Bidder. Please see Insurance Addendum for insurance defmitions, requirements, and conditions. The Successful Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability Statutory - State of Florida USL & H included Waiver of Subrogation Employer's Liability Page8of17 Invitation for Quotation (IFQ) 1623389 $1,000,000 each accident $1,000,000 disease, each employee $1,000,000 disease, policy limit (2) Commercial General Liability (Primary and Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000,000. B. Endorsements Required: City of Miami included as an Additional insured. Contingent and Contractual Liability. Premises/Operations Liability Primary Insurance Clause Endorsement Business Automobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Vessel/Protection and Indemnity Liability A. Limits of Liability Each Occurrence/Aggregate Limit $1,000,000 Jones Act/Crew Liability Included B. Endorsements Required City of Miami included as an Additional Insured Towers Liability Hull and Machinery/Mobile Equipment Per declared value Pollution Liability Each Occurrence/Policy Aggregate $2,000,000 City of Miami listed as additional insured BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to fmancial 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. (3) (5) (6) Page 9 of 17 Invitation for Quotation (IFQ) 1623389 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation for Quotation. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Bidder in conjunction with the General and Special Terms and Conditions of the IFQ. The Successful Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any extensions that may be granted to the Successful Bidder. 2.6. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are, at the time of quote submittal, regularly engaged in the business of providing services, for a minimum of five (5) consecutive years, as described herein. The Bidders shall: 1. Have and submit a current General Contractor's license, as issued by the State of Florida, Depai tnient of Business and Professional Regulation (DBPR), and be able to pull permits required by the City of Miami, Miami -Dade County necessary and required to perform the proposed work (if applicable); 2. Have a minimum of five (5) consecutive years' experience in Marine Construction and the installation of marina pilings; 3. Have and submit U.S. Longshoremen & Harborworkers insurance coverage; 4. Have the same Federal Employee Identification Number (FEIN) for the last five (5) consecutive years; and 5. Submit three (3) references for your firm, for projects within the past five (5) years, using the Reference Sheet located in the Header/Notes and Attachment section of this solicitation, evidencing the minimum five (5) consecutive years' experience in Marine Construction and the installation of marina pilings. Notes: 1. Copies of the licenses, U.S. Longshoremen & Harborworkers insurance coverage, and references, as listed above, for your firm, shall be submitted with your quote submittal; and 2. Failure to submit above licenses, insurance coverage, and Reference Sheet, for your firm, with your quote, shall render your quote non -responsive. 2.7. LICENSES AND PERMITS Pursuant to section 2.31. LICENSES AND PERMITS of the General Building/Engineering and Specialty Trades Contract No 184144, Services performed for the City will require licenses and permits in the same manner as private construction projects within the City. The Successful Bidder shall secure, at their expense, all licenses and permits Page 10 of 17 Invitation for Quotation (IFQ) 1623389 and shall fully comply with all applicable laws, regulations and codes as required by the State of Florida, county, or local ordinances. The Successful Bidder must fully comply with all federal and state laws, county and municipal ordinances, and regulations in any manner affecting the prosecution of the work. Any fines or penalties to the Successful Bidder shall be paid at the Successful Bidder's expense. 2.8. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT Successful Bidder shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 2.9. LOCAL OFFICE PREFERENCE Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.50 Local Preference of RFQ 184144 Request for Pre -Qualification of General Bldg./Eng. & Specialty Trade Contractor, and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Bid at the time of the Bid due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form; • Submission of a copy of the Bidder's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Bidder. 2.10. PUBLIC ENTITY CRIMES Page 11 of 17 Invitation for Quotation (IFQ) 1623389 To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 1. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts or interest with the City; and 2. Not have any member, officer, or stockholder that is in arrears or is in default or 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. 2.11. NO SUBSTITUTIONS When "No Substitution" is used in combination with a manufacturer's name, brand name and/or model number that named item is the only item that will be accepted by the City. 2.12. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.13. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that 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 of Chapter 893 or Page 12 of 17 Invitation for Quotation (IFQ) 1623389 of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.14. NOTICE REGARDING "CURES" PLEASE BE ADVISED THAT BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS INVITATION FOR QUOTE (IFQ), SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. ANY SOLICITATION ISSUED AFTER MAY 6, 2019 SHALL COMPLY WITH APM 2-19. APM 2-19 IS ATTACHED HERETO. ONLY MINOR IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES MAY BE ALLOWED TO BE TIMELY CURED BY THE BIDDER AT THE SOLE DISCRETION OF THE CITY. MATERIAL IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES CANNOT BE CURED BY THE BIDDER, AND ARE NOT WAIVABLE BY THE CITY. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES. AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFQ SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFQ. Bidder understands that non -responsive Bids will not be evaluated. 2.15. SAFETY MEASURES The 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 created by their operation and work in progress must be posted. All employees of the 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. The 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. 2.16. PUBLIC SAFETY The Successful Bidder shall conduct their work so as to interfere as little as possible with private business or public travel. The Successful Bidder shall, at their 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 they shall be liable for all damages occasioned in any way by their actions or neglect or that of their agents or employees. The Successful Bidder shall meet the following noise abatement performance standards for all construction equipment: Page 13of17 Invitation for Quotation (IFQ) 1623389 Between the hours of 7:00 A.M. and 10:00 P.M. noise levels shall not exceed 65 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 10:00 P.M. and 7:00 A.M., but if required, the noise level shall not exceed 65 dBA. 2.17. COMPLETED WORK The City shall be notified by the Successful Bidder 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 at no additional charge to the City. 2.18. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such noncompletion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.19. ADDITION/DELETION OF FACILITIES/PRODUCTS/ITEMS/SERVICES/SUPPLIERS Although this Solicitation identifies specific facilities/products/items/services/suppliers, it is hereby agreed and understood that any facility/product/item/service/supplier may be added/deleted to/from this Contract at the option of the City. When an additional facility/product/item/service to the Contract is required, the supplier shall be invited to submit price quotes for these new product(s). If prices are not competitive or not carried, the City maintains the right to add additional suppliers to the Contract to cany those items required. If these quotes are comparable with market prices offered for similar facilities/products/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City. 2.20. PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Guillermo Quinones, Dockmaster or designee, who shall be designated as the Project Manager for the City. 2.21. FORCE MAJEURE Successful Bidder shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Page 14 of 17 Invitation for Quotation (IFQ) 1623389 2.22. PRIMARY CLIENT The Successful Bidder agrees that upon award of this contract the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.23. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. Page 15 of 17 Invitation for Quotation (IFQ) 1623389 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Successful Bidder shall provide all parts, materials, equipment, tools, and labor, inclusive of mobilization costs, necessary to replace a minimum of fifty (50) Greenheart pilings, at Dinner Key Marina, 3400 Pan American Drive, Miami, FL 33133. Successful Bidder shall: 1. Provide protection of work site (i.e., barricades, caution tape, windscreens, etc.); 2. Maintain the workplace clean and safe throughout the entire project; 3. Be responsible for all permits; 4. Remove existing pilings and dispose of off -site; 5. Furnish and install a minimum of fifty (50) Domorara Greenheart - Ocotea Rodioai (Mex) piles (NO SUBSTITUTION); 6. Drive piles to ten (10) tons bearing, indicated by the blow per foot count, per the Florida Department of Transportation (FDOT) and Building Code Standards, have a minimum ten (10) foot (ft.) penetration in firm material (Piles cutoff shall be at the same elevation as existing pilings); 7. Cut piles, after driving, to the required elevation and band, using twenty-two (22) gauge stainless steel strapping, one (1) inch wide; 8. Tighten strapping and clip, crimping twice, with a notch type sealer; 9. Cap piles with a black plastic cone, nailed to the piles with stainless steel ring shank nails; 10. Install one (1) wooden rope holder to each pile; 11. Remove and dispose off site any debris accumulated as a result of the project; and 12. Leave site in ready for use conditions. Notes: The unit price per pile (based on a forty (40) foot length) shall include, but not limited to, use of genuine Greenheart mooring piles and related hardware. The piles shall be Genuine Domorara Greenheart - Ocotea Rodioai (Mex), having a minimum circumference of forty-one (41) inches, three (3) feet from the butt end. The unit price shall include, but not limited to, all work associated with the removal and disposal of existing piles and redriving of new piles in the same footprint as the originals. In accordance with Section 2.6, Bidder's Minimum Qualifications, Bidders shall submit with their quote submittal the following: 1. General Contractor's license, issued by the State of Florida DBPR; 2. U.S. Longshoremen & Harborworkers insurance coverage; and 3. Three (3) references for your firm, for projects within the past five (5) years, using the Reference Sheet located in the Header/Notes and Attachment section of this solicitation, evidencing the minimum five (5) consecutive years' experience in Marine construction and the installation of marina pilings. Failure to submit above licenses, insurance coverage, and Reference Sheet, for your firm. shall render your quote non -responsive. Notes: 1. Removal and relocation shall be coordinated with Guillermo Quinones, Project Manager or designee. The Project Manager or designee shall add, delete, modify, or schedule the work as conditions may mandate and as deemed in the best interest of the City. There is no designated laydown or offload area for staging or Page 16 of 17 Invitation for Quotation (IFQ) 1623389 receiving timber piles at the marina, the Successful Bidder will coordinate with Project Manager or designee; 2. Successful Bidder shall complete work no later than sixty (60) days after the issuance of purchase order; 3. Successful Bidder shall secure own parking; and 4. Additional repairs outside the scope of work must be reported to the Project Manager or designee prior to the commencement of repair. No additional work shall be completed without the written approval of the Project Manager or designee. ***General Building/Engineering and Specialty Trades Contract No 184144*** Pursuant to Section 2.42. LIMITATION OF PROJECT of the General Building/Engineering and Specialty Trade Contract No. 184144, Limitation of Contracts shall be $300,000.00 per project, as amended by Florida Statute Section 255.20, and in accordance with Section 2.24. Page 17 of 17 Kearns Construction Company 2550 South Bayshore Drive, Suite 206B Miami, Florida 33133 CGC 060194 Phone: 305-461-0310 Fax: 305-461-1892 Cell: 305-975-8878 www.KearnsConstruction.com Invoice No. 3117 - REVISED Date: March 29, 2023 / REVISED - March 30, 2023 Subject: Remove & Replace 2nd Fifty Batch (48) Greenheart Mooring Piles at DKM Purchase Order No.: 2203805 To: Guillermo Quinones - Dock Master Company: City of Miami To: Donald Lutton - Marina M Company: City of Miami Guillermo: On March 29, 2023, Kearns Construction Company completed the second batch (48) greenheart pile replacement at the Dinner Key Marina. The invoice for this work is $184,080. We appreciate your business. Should you require any additional information, please contact this office. DIVISION OF CORPORATIONS ram`Of 7 weg�J�l. an official stay of Florida websiry Dgpartment of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation KEARNS CONSTRUCTION COMPANY Filing Information Document Number P01000015810 FEI/EIN Number 77-0615005 Date Filed 02/12/2001 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/11/2018 Principal Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Mailing Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Registered Agent Name & Address KUVIN, LOWELL J 17 EAST FLAGLER STE 223 MIAMI, FL 33131 Name Changed: 10/10/2016 Address Changed: 05/23/2011 Officer/Director Detail Name & Address Title CEO KEARNS, CHARLES S 4101 BRAGANZAAVENUE COCONUT GROVE, FL 33133 Title CFO KEARNS, JOHN Will 4101 BRAGANZAAVENUE COCONUT GROVE, FL 33133 Title COO SULLIVAN, JAMES BJR 22550 SW 147 AVE MIAMI, FL 33170 Annual Reports Report Year Filed Date 2021 04/26/2021 2022 04/09/2022 2023 01/26/2023 Document Images 01/26/2023 --ANNUAL REPORT 04/09/2022 --ANNUAL REPORT 04/26/2021 --ANNUAL REPORT 06/29/2020 --ANNUAL REPORT 04/23/2019 --ANNUAL REPORT 10/11/2018 -- REINSTATEMENT 02/24/2017 --ANNUAL REPORT 10/10/2016 -- REINSTATEMENT 01/09/2015 --ANNUAL REPORT 03/24/2014 --ANNUAL REPORT 01/15/2013 --ANNUAL REPORT 02/14/2012 --ANNUAL REPORT 05/23/2011 --ANNUAL REPORT 04/26/2011 --ANNUAL REPORT 09/30/2010 -- REINSTATEMENT 03/23/2009 --ANNUAL REPORT 07/09/2008 --ANNUAL REPORT 05/01/2007 --ANNUAL REPORT 04/27/2006 --ANNUAL REPORT 04/29/2005 --ANNUAL REPORT 07/20/2004 --ANNUAL REPORT 02/02/2004 --ANNUAL REPORT 10/20/2003 -- REINSTATEMENT 02/27/2002 --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 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 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 12/17/2001 -- Reg. Agent Change View image in PDF format 02/12/2001 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations