HomeMy WebLinkAboutCRA-R-24-0041 PSA-Horsepower ElectricDESIGN -BUILD -OPERATE -MAINTAIN ("DBOM")
CONTRACT FOR STREET LIGHTING DESIGN, INSTALLATION,
REPAIRS AND MAINTENANCE CITYWIDE; RFP NO.: 352306,1
This Contract is entered into thi13 day of r+ 2014 ("Contract") by and
between the City of Miami, a municipal corporation of the State of Florida ("City") and
Horsepower Electric, Inc., a Florida corporation ("Contractor"). Please note: the terms Bidder,
Proposer, Bidder/Proposer, Successful Bidder/Proposer and Contractor are used interchangeably
throughout this Contract and the Attachments hereto to refer to Horsepower Electric, Inc.
RECITALS
A. The City issued Request for Proposals No. 352306, 1 ("RFP") for the provision
of Street Lighting Design, Installation, Repairs and Maintenance services citywide, as specified
therein, from a source of supply that will give prompt and efficient service fully compliant with
the terms, conditions and stipulations of the solicitation ("Services") and Contractor's proposal
("Proposal"), in response thereto, has been selected as the most qualified proposal for the
provision of the Services. The RFP, as amended, and the Proposal, as supplemented, are
sometimes referred to herein, collectively, as the Solicitation Documents, and are, by this
reference, incorporated herein and made a part of this Contract.
B. The City of Miami Commission ("Commission"), by Resolution No. R-13-0497,
adopted on December 12, 2013, approved the selection of the Contractor and authorized the City
Manager to execute a Contract under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the Contractor and the City hereby agree as follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporated into
and made a part of this Contract.
2. PRIMARY CLIENT (FIRST PRIORITY): Contractor hereby agrees that the
City shall be its primary client and, as such, shall be serviced first during any and all scheduling
conflicts that may arise between Contractor's obligations, duties and responsibilities under this
Contract and its obligations, duties and responsibilities under any Contract that Contractor may
have with any other city, county or entity 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 at or around the same approximate time.
3. TERM: The term of this Contract shall be for five (5) years with an option to
renew for two (2) additional five (5) year periods commencing on the "Effective Date" which
shall be when this Contract is fully executed. The City and Contractor, upon mutual agreement,
shall have the option to extend or terminate this Contract, with or without cause. Continuation of
this Contract beyond the initial period shall be a City prerogative and not a right of the
Contractor. This prerogative will be exercised only when such continuation is clearly in the best
interest of the City.
4. OPTIONS TO EXTEND: The City Commission, based on a recommendation by the
City Manager, shall have two (2) options to extend the term of this Contract for a period of five
(5) years each, subject to (1) continued satisfactory perfoiinance and compliance with the
specifications, terms and conditions established herein; and (ii) the availability and appropriation
of funds. City Commission approval shall not be required as long as the total extended term
does not exceed fifteen (15) years.
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5. SCOPE OF SERVICES:
A. Contractor agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Attachment "A" hereto, which, by this reference, is
incorporated herein and made a part of this Contract.
B. Contractor represents and warrants to the City that: (I) it possesses all
qualifications, licenses and expertise required under the Solicitation Documents for the
performance of the Services; (ii) it is not delinquent in the payment of any sums due the City,.
including payment of permit fees, occupational licenses, etc., nor in the performance of any
obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all
times during the term hereof, fully qualified and trained to perform the tasks assigned to each;
and (iv) the Services will be performed in the manner described in Attachment "A".
6. COMPENSATION:
A. The amount of compensation payableby the City to the Contractor shall be based
on the rates and schedules described in Attachment `B" hereto, which, by this reference, is
incorporated herein and made a part of this Contract, provided, however, that in no event shall
cumulative compensation throughout the five-year contract term exceed Seven Million Five
Hundred Thousand Dollars ($7,500,000.00). The compensation limit of Seven Million Five
Hundred Thousand Dollars ($7,500,000.00) shall apply separately to each of the two, future five-
year renewal options, if authorized, such that the total cumulative Contract compensation shall
not exceed Twenty -Two Million Five Hundred Thousand Dollars ($22,500,000.00) in the
aggregate.
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within thirty (30) days after receipt of Contractor's proper invoice, as that term is defined by the
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Local Government Prompt Payment Act, Section 218.70, et. seq., Florida Statutes, which shall
include sufficient supporting documentation and contain sufficient detail to allow a proper audit
of expenditures, should the City require one to be performed. Contractor shall invoice the City
on a monthly basis.
The hourly rates prescribed by this Contract shall remain fixed and may not be increased
without a formal Amendment to this contract employing the same formalities as were used in its
execution. No advance payments shall be made at any time. The City will not be liable for
payment of any unauthorized or extra charge, cost, fee or reimbursable expenses not incurred in
compliance with the terms of this Section. The City will never be liable to pay any charge, cost,
fee or reimbursable expenses that exceed the prescribed lump sum fee or the guaranteed
maximum price.
7. CONTRACT ADMINISTRATORS Contractor shall report to and work directly
with both Mr. Mark Spanioli, P.E., Director, Department of Capital Improvements and
Transportation Program, and Dr. Nzeribe Ihekwaba, PhD, P.E., Director, Department of Public
Works, or their designees, who are hereby designated as the Contract Administrators.
8. OWNERSHIP OF DOCUMENTS: Contractor understands and hereby agrees
that any information, document, report or any other material whatsoever which is given by the
City to Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under
the terms of this Contract is and shall at all times remain the property of the City. Contractor
agrees not to use any such information, document, report or material for any other purpose
whatsoever without the written consent of the City, which may be withheld or conditioned by the
City in its sole and absolute discretion.
9. AUDIT AND INSPECTION RIGHTS:
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A. The City may, at reasonable times and for a period of at least five (5) years
following the date of final payment by the City to the Contractor under this Contract, audit or
cause to be audited those books and records of Contractor which are related to Contractor's
performance under this Contract. Contractor agrees to maintain all such books and records at its
principal place of business for a period of at least five (5) years after final payment is made
under this Contract. All audits shall be subject to and made in accordance with the provisions of
Section 18-102 of the Code of the City of Miami, Florida ("City Code"), as amended or
supplemented, from time to time.
B. The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests as the City deems reasonably necessary to determine whether
the goods or services required to be provided by the Contractor under this Contract conform to
the terms hereof Contractor shall make available to the City all reasonable facilities and
assistance to facilitate the performance of tests and/or inspections by City representatives. All
tests and inspections shall be subject to and made in accordance with the provisions of Section
18-100 and 18-101 of the City Code, as amended or supplemented from time to time.
10. AWARD OF CONTRACT: Contractor represents and warrants to the City that it has
not employed or retained any person or company employed by the City to solicit or secure this
Contract and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee or gift of any kind contingent upon or in connection with
the award of this Contract.
11. PUBLIC RECORDS: Contractor understands that, subject to the provisions of
Chapter 119 of the Florida Statutes, the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts. Contractor hereby agrees to allow
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access by the City and the public to all documents subject to disclosure under applicable law.
Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation : (1) keep and maintain public records that ordinarily and necessarily would be
required by the City to perform this service ; (2) provide the public with access to public records
on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law ; (3) ensure that public records that are exempt or
confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet
all requirements for retaining public records and transfer , at no cost, to the City all public
records in its possession upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from disclosure requirements ; (5) All
electronically stored public records must be provided to the City in a format compatible with the
City's information technology systems.
119.0701 Contracts; public records. —
For purposes of this section, the term:
(a) "Contractor" means an individual, partnership, corporation, or business entity that enters
into a contract for services with a public agency and is acting on behalf of the public agency as
provided under s. 119.011(2).
(b) "Public agency" means a state, county, district, authority, or municipal officer, or
department, division, board, bureau, commission, or other separate unit of government created or
established by law.
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(2) In addition to other contract requirements provided by law, each public agency contract for
services must include a provision that requires the contractor to comply with public records laws,
specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law,
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems of the public
agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
Contractor's failure or refusal to comply with the provisions of this section shall result in the
City's immediate cancellation of this Contract.
12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor
understands that Contracts between private entities and local governments are subject to certain
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laws, codes, rules and regulations, including, without limitation, laws pertaining to public
records, conflict of interest, record keeping, etc. The City and the Contractor hereby agree to
comply with and observe all applicable laws, codes and ordinances as they may be amended
from time to time.
13. COMMUNITY SMALL BUSINESS ENTERPRISE ("CSBE") PARTICIPATION:
In accordance with the requirements of Section 15-89(e), City Code, the Contractor must comply
with the following CSBE participation requirements. All instructions, required forms and other
information necessary for complying with the CSBE participation requirements are available on
the CIP webpage.
a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract
value to a respondent or to a construction related enterprise currently certified
by Miami -Dade County as a Community Small Business Enterprise (CSBE) as set
forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code;
b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE
requirements until said requirements are fulfilled and verified within six (6)
months of Contract completion pursuant to Section 18-89 of the City Code.
Failure to comply with the CSBE requirements within six (6) months of Contract
completion shall result in the forfeiture of the retained amount to the City. This
five percent (5%) retainage is included within the ten percent (10%) retainage
normally withheld by the City;
c) The Contractor shall retain the services of an independent third party to verify and
certify compliance with these Community Small Business Enterprise ("CSBE")
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requirements on a quarterly basis in accordance with City Code Section 18-89. Said third
party shall be unaffiliated with the respondent and be properly licensed under the
provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person
performing the verification shall have a minimum of two (2) years of prior professional
experience in contracts compliance, auditing, personnel administration, or field
experience in payroll, enforcement, or investigative environment. The cost for this
verification shall be included in the related contract costs.
The following link is to the Miami -Dade County website where Bidders can view the
current listing of certified CSBE contractors by trade.
http ://www.miamidade.2ov/business/reports-certification-lists.asn
14. LOCAL WORKFORCE PARTICIPATION: In accordance with the requirements
of Section 18-89(f), City Code, and, unless disallowed by Florida Statutes, the Contractor must
comply with the following Local Workforce Participation requirements. All instructions,
required forms and other information necessary for complying with the Local Workforce
Participation requirements are available on the CIP webpage.
a) The Contractor must employ a minimum of fifteen percent (15%) of on -site labor
from persons residing within the municipal boundaries (e.g. city limits of the
City of Miami) of the City. The City residency of the onsite labor component will
be subject to verification by the issuing department;
b) Five percent (5%) of the bid amount shall be retained by the City as security for
the verification of compliance with such requirements until said requirements
are fulfilled and verified within six (6) months of Contract completion
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pursuant to Section 18-89 of the City Code. Failure to comply with the Local
Workforce Participation requirements within six (6) months of Contract
completion shall result in the forfeiture of the retained amount to the City;
c) The Contractor will be required to hold one (1) job fair within the local
community for projects with a bid amount between $1,000,000 and
$2,000,000;
d) The Contractor will be required to hold two (2) job fairs within the local
community for projects with a bid amount greater than $2,000,000;
e) The Contractor shall coordinate job fairs and hiring initiatives with South Florida
Workforce;
f) The Contractor shall retain the services of an independent third party to verify and
certify compliance with these Local Workforce Participation requirements on a
quarterly basis in accordance with City Code Section 18-89. Said third party shall
be unaffiliated with the Respondent and be properly licensed under the provisions
of Section 454, 471, 473, or 481 of the Florida Statutes. The person performing
the verification shall have a minimum of two (2) years of prior professional
experience in contracts compliance, auditing, personnel administration, or field
experience in payroll, enforcement, or investigative environment. The cost for
this verification shall be included in the related Contract costs.
15. INDEMNIFICATION: Contractor shall indemnify, hold harmless and defend the
City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses,
and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of Contractor and persons
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employed or utilized by Contractor in the performance of this Contract and will indemnify, hold
harmless and defend the City, its officials, officers, agents, directors and employees against, any
civil actions, statutory or similar claims, 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 that any action or
proceeding is brought against City by reason of any such claim or demand, Contractor shall,
upon written notice from City, resist and defend such action or proceeding by counsel
satisfactory to City. The Contractor expressly understands and agrees that any insurance
protection required by this Contract or otherwise provided by Contractor shall in no way limit
the responsibility to indemnify, keep and save harmless and defend the City or its officers,
employees, agents and instrumentalities as herein provided. The indemnifications provided
above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description which may be
brought against City whether performed by Contractor, or persons employed or utilized by
Contractor. This indemnity will survive the cancellation or expiration of the Contract. This
indemnity will be interpreted under the laws of the State of Florida, including without limitation
and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from
time to time as applicable. Contractor shall require all Sub -Contractor Contracts to include a
provision that the Sub -Contractor will indemnify the City. The Contractor hereby agrees and
recognizes that the City shall not be held liable or responsible for any claims which may result
from any actions or omissions of the Contractor in which the City participated either through
review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any
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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.
16. FAILURE TO PERFORM / DEFAULT: The City shall be the sole judge of
nonperformance under the terms of this Contract, which shall include any failure on the part of
the Contractor to furnish required documents, and/or to fulfill any portion of this Contract within
the time stipulated. If the City is unable to reach the Contractor or its supervisor for a period of
48 hours or if the Contractor fails to repair an outage within 48 hours of the discovery and/or
notification thereof, the City reserves the right to declare the Contractor in default of this
Contract or make appropriate reductions in payment to the Contractor. Upon default by the
Contractor to meet any term(s) of this Contract, the City will notify the Contractor of said
default(s) and the Contractor shall have three business (3) days (weekends and holidays
excluded) to remedy said default(s). Contractor's failure to correct noticed defaults within the
required three business (3) days shall result in this Contract being terminated upon the City's
written notification to the Contractor of its decision to terminate this Contract and the effective
date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under this
Contract and/or within the time required or failing to use the subcontractors,
entities and personnel as identified and set forth, and to the degree specified in the
Contract;
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with
sufficient materials to ensure timely completion.
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D. Neglecting or refusing to remove materials or perform new work where prior
work has been rejected as nonconforming with the terms of this Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of
bankruptcy or insolvency, or making an assignment for the benefit of creditors, if
the insolvency, bankruptcy, or assignment renders the Contractor incapable of
performing the work in accordance with and as required by this Contract.
F. Failure to comply with any of the terms of this Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default
incurred beyond the time limits stated, together with the cost of completing the
work, shall be deducted from any monies due or which may become due under
this Contract.
17. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105 of the City of Miami
Code): Upon the approval of the City Attorney, the City Manager shall have the authority to
resolve controversies between the Contractor and the City which arise in connection with
performance under this Contract, provided, however, that, in cases involving an amount greater
than. $25,000, the City Commission must approve the City Manager's decision. Such authority
extends, without limitation, to controversies based upon breach of Contract, mistake,
misrepresentation or lack of complete performance, and shall be invoked by the City or the
Contractor by submission of a protest to the City Manager. If a dispute is not resolved by mutual
consent, the City Manager shall promptly render a written report stating the reasons for the
action taken by the City Commission or the City Manager which shall be final and conclusive. A
copy of the decision shall be immediately provided to the protesting party, along with a notice of
such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
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such judicial relief without first having followed the procedure set forth in Section 18-105 of the
City of Miami Code.
18. CITY'S TERMINATION RIGHTS:
A. FOR DEFAULT: If Contractor defaults in its performance under this Contract
and does not cure the default(s) within 3 business days after written notice of said default(s), the
City Manager may terminate this Contract, in whole or in part, upon written Notice of
Termination without penalty to the City. In such event, the Contractor 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 Contractor was not in default or (2) the Contractor'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 30 days prior written notice when it is in the best interests of the City. If
this Contract is for supplies, products, equipment, or software, and so terminated for the
convenience by the City, the Contractor 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.
19. INSURANCE: Contractor shall, at all times during the term hereof, maintain
insurance coverage and limits of insurance in accordance with Attachment "C". All such
insurance, including renewals, shall be subject to the approval of the City for adequacy of
protection and evidence of such coverage shall be furnished to the City on Certificates of
Insurance indicating such insurance to be in force and effect and providing that it will not be.
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canceled during the performance of the services under this contract without thirty (30) calendar
days prior written notice to the City. Completed Certificates of Insurance shall be filed with the
City prior to the performance of services hereunder, provided, however, that Contractor shall at
any time upon request file duplicate copies of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Contractor
of additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Contractor of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
20. NONDISCRIMINATION: Contractor represents and warrants to the City that
Contractor does not and will not engage in discriminatory practices and that there shall be no
discrimination in connection with Contractor's performance under this Contract on account of
race, color, sex, religion, age, handicap, marital status or national origin Contractor further
covenants that no otherwise qualified individual shall, solely by reason of his/her race, color,
sex, religion, age, handicap, marital status or national origin, be excluded from participation in,
be denied services, or be subject to discrimination under any provision of this Contract.
21. ASSIGNMENT: This Contract shall not be assigned by Contractor, in whole or in
part, without the prior written consent of the City's, which inay be withheld or conditioned, in
the City's sole discretion.
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22. NOTICES: All notices or other communications required under this Contract shall be
in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO CONTRACTOR: TO THE CITY:
Michael Martinez,
Vice President
Horsepower Electric, Inc.
8105 W. 20th Avenue
Hialeah, FL 33014
23. MISCELLANEOUS PROVISIONS:
A.
Johnny Martinez, P.E.
City Manager
3500 Pan American Drive
Miami, Florida 33133
Mark Spanioli, P.E.
Director
Capital Improvements Program.
City of Miami
444 SW 2na Avenue, Bch Floor
Miami, Florida 33130
Nzeribe Ihekwaba, PhD, P.E.
Director
Public Works
City of Miami
444 SW 2" `t Avenue, Sth Floor
Miami, Florida 33130
Victoria Mendez, Esquire
City Attorney
444 SW 2hd Avenue, 9th Floor
Miami, Florida 33130
This Contract shall be construed and enforced according to the laws of the State
of Florida. Venue in all proceedings shall be in Miami -Dade County, Florida and the parties
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agree to the use of this venue. In any civil action or other proceedings between the parties
arising out of the Contract, each party shall bear its own attorney's fees.
B. Title and paragraph headings are for convenient reference and are not a part of
this Contract.
C. No waiver or breach of any provision of this Contract shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Contract shall remain unmodified and in full
force and effect or limitation of its use.
E. This Contract constitutes the sole and entire Contract between the parties hereto.
No modification or amendment hereto shall be valid unless in writing and executed by properly
authorized representatives of the parties hereto.
24. PRIORITY OF PROVISIONS: All work shall be constructed in accordance with
the latest edition of the City of Miami's Contract Documents and Specifications. The City of
Miami `s Standards for design and construction as well as the Miami Dade County's Standards
Details, and the 2013 Edition of the Florida Depai ttuent of Transportation Specifications Road
and Bridge Construction. The aforementioned references may be amended in the future; all work
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performed under this Contract shall be construed to require use of the most current published
versions of said references.
If there is a conflict or inconsistency between any term, statement requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any
document incorporated into this Contract by reference and a term, statement, requirement, the
specifications and plans prepared by the Contractor, or provision of this Contract, the following
order of precedence shall apply:
In the event of conflicts in the Solicitation Documents the priorities stated below shall
govern;
• Revisions to the Contract shall govern over the Contract
• The Contract shall govern over Addenda to the RFP and to the RFP
• Addenda to the RFP shall govern over the RFP
• The RFP shall govern over the Contractor's Proposal Response
In the event of conflicts within the Contract Documents, the priorities stated below
shall govern:
• Scope of Work and Specifications shall govern over plans and drawings
• Schedules, when identified as such shall govern over all other portions of the
plans
• Specific notes shall govern over all other notes, and all other portions of the plans,
unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
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• Figured or numerical dimensions shall govern over dimensions obtained by
scaling
• Where provisions of codes, manufacturer's specifications or industry standards
are in conflict, the more restrictive or higher quality shall govern
25. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon the
parties hereto, their heirs, executors, legal representatives, successors, or assigns.
26. INDEPENDENT CONTRACTOR: Contractor has been procured and is being
engaged to provide the Services to the City as an independent contractor on a non-exclusive
basis, and not as an agent or employee of the City. Accordingly, Contractor shall not attain, nor
be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City,
nor any rights generally afforded classified or unclassified employees, Contractor further
understands that Florida Workers' Compensation benefits available to employees of the City are
not available to Contractor, and agrees to provide workers' compensation insurance for any
employee or agent of Contractor rendering services to the City under this Contract.
27. CONTINGENCY CLAUSE: Funding for this Contract is contingent on the
availability of funds and continued authorization for program activities and the Contract is
subject to amendment or termination due to lack of allocated and available funds, reduction or
discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30)
days notice.
28. REAFFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms
all of the representations contained in the Solicitation Documents.
29. PERFORMANCE BOND: Contractor shall be required to furnish to the City
and maintain throughout the Contract term and renewal options a Performance Bond in the total
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amount of One Million Dollars ($1,000,000.00). The Performance Bond can be in the form of a
Cashier's Check, payable to the City of Miami; a bond written 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 of Credit. If the latter is chosen, it must be written on a bank located in
Miami -Dade County, be in the amount of the contract and should clearly and expressly state that
it cannot be revoked until express written approval has been given by the City of Miami. The
City, to draw on same, would merely have to give written notice to the bank with a copy to the
Contractor. Should the City engage the Contractor in active construction projects such that
cumulative work authorizations, inclusive of Contract maintenance costs defined herein, exceed
$1,000,000.00 at any one time, the City reserves the right to request an additional Performance
Bond to cover the difference above and beyond $1,000,000.00.
30. ENTIRE CONTRACT: This instrument and its attachments constitute the
sole and only Contract of the parties relating to the subject matter hereof and correctly set forth
the rights, duties, and obligations of each to the other as of its date. Any prior Contracts,
promises, negotiations, or representations not expressly set forth in this Contract are of no force
or effect.
31. AMENDMENT: The City Manager .shall have the authority to
administratively amend the Contract as may be needed in the future. Revisions deemed to be
substantive by the Office of the City Attorney shall require additional City Commission
authorization. Amendments to increase the compensation limits defined in Paragraph 6 herein
shall require additional City Commission authorization.
32. AVAILABILITY OF CONTRACT: Pursuant to RFP General Condition 1.9, Any
governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself
20
of this contract and purchase any and all goods/services, specified herein from the Contractor at
the contract price(s) established herein, when permissible by federal, state, and local laws, rules,
and regulations.
Each governmental, not -for -profit or quasi -governmental entity which uses this Contract
will establish its own contract/agreement, place its own orders, issue its own purchase orders, be
invoiced there from and make its own payments, determine shipping terms and issue its own
exemption certificates as required by the Contractor.
32. COUNTERPARTS: This Contract may be executed in two or more
counterparts, each of which shall constitute an original but all of which, when taken together,
shall constitute one and the same Contract.
--REMAINDER OF PAGE INTENTIONALLY LEFT BLANK-
21
p%p
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Todd H on, Cit
ATTEST:
oZt_ezied
Linda Ortiz, Secretary
r /
AP3PkOVED'AS TO FORM AND
ORREC IES5i...---
toria Mendez Esquire
City Attorney
r
"City"
CITY OF MIAMI, a municipal
corporation
Jo '1 y Martin- �, P.E., City Manager
"Contr : tor"
HORSEPOWER ELECTRIC, INC.,
a Florida corporation
By:
H cterP. Ortiz, President
APPROVED,.AS TO IN 1`J� fNCE.•
QUIRNIENTS:
,;Calvin Ellis,
Risk Manag
22
ATTACHMENT "A"
RFP No. 352306,1
DBOM FOR STREET LIGHTING DESIGN, INSTALLATION,
REPAIRS AND MAINTENANCE
SCOPE OF WORK
A. Background
The City of Miami ("City") is issuing this Request for Proposals ("Proposal") in order to
effectively implement a street lighting plan of the consistency and quality the City desires to
provide. The City believes that having an open, competitive procurement process to select a
provider for decorative and non -decorative street lights will streamline the design and
installation of decorative and non -decorative street lights and provide for the effective repair and
maintenance of the installed decorative and non -decorative street lights. This agreement is non-
exclusive and the City reserves the right to seek alternative vendors and/or mechanisms for the
design, construction, maintenance, review and inspections during the term of this contract.
B. Scope of Services
A design -build -operate -maintain ("DBOM") contract for the design, construction, and
maintenance of decorative and non -decorative lighting improvements based on Illuminating
Engineering Society ("IES") recommended 1.5 foot-candle average. The City wishes to obtain
proposals from qualified electrical contractors for the design and installation of decorative and
non -decorative street lighting within the City, and for ongoing repair and maintenance. This
contract does not contain a guarantee of quantity or volume. The City reserves the right, at its
sole discretion, to increase or decrease the quantity and locations of lights. The ownership of the
decorative and non -decorative street lighting infrastructure shall become the property of the City
upon final acceptance of the construction. The total proposed price shall include signed and
sealed design documents by a duly licensed professional engineer, permitting, utility
coordination, underground conduits, conductors, junction boxes, grounding, wiring, foundations,
decorative and non -decorative street light poles and fixtures, metered service point, restoration,
utility connection fees and all other items necessary for a complete, functional lighting system. If
existing light poles need to be removed in order to install new ones within the same right-of-way
project limits, the cost of removal and disposal of existing light poles is included in the lump
sum rates defined herein Attachment "B". Upon completion of construction, the Contractor shall
commence the maintenance of the installed system. The cost of electricity used in connection
with the installed lights shall be paid directly by the City to the Utility Company. Contractor
shall coordinate with the City in order to establish the required service account a minimum of 60
days prior to requiring energy service.
23
C. Designation of Street Lights and Types
The City shall designate to the Contractor in writing the specific number and approximate
mapped location of street lights covered under this Contract. Any changes to the original
designated street light locations found in Exhibit 3 (revised) of the RFP shall be made to the
Contractor in writing.
D. Street Lighting Design and Installation
The Price Proposal sheet includes several options for the pole and fixture types contemplated
under this agreement. The City may choose to utilize additional alternatives in the future and
would negotiate these additional options on a ease by case basis with the Contractor. The
installation of the proposed lighting systems will be in accord with applicable governing
regulations and industry standards and in accordance with the Contractor's permitted plans as
prepared by the Contractor's Professional Engineer and approved by the City. All installations
shall be within the guidelines established under the applicable provisions of the National Electric
Code (NEC) and the Florida Department of Transportation (FDOT) Standard Specifications for
Road and Bridge Construction. The Contractor shall at all times follow the City's and FDOT's
maintenance of traffic rules, regulations, and standards and minimize traffic interruptions. The
use of off duty police officers shall be at the discretion of the City. Separate compensation will
be provided by the City for off duty law enforcement when required.
The RFP Price Proposal shall include the following design options found in Exhibit 1 of the
RFP. The three (3) design options are as follows:
Option A
1. Street Light Design A-1, or approved equal
2. Street Light Design A-2, or approved equal
3. Street Light Design A-3, or approved equal
4. Street Light Design A-4, or approved equal
Option B
5. Street Light Design B-1, or approved equal
6. Street Light Design B-2, or approved equal
7. Street Light Design B-3, or approved equal
S. Street Light Design B-4, or approved equal
Option C
9. Street Light Design C-1, or approved equal
10. Street Light Design C-2, or approved equal
The City may choose to utilize additional alternatives in the future and would negotiate these
additional options on a case by case basis with the Contractor.
The installation of the proposed lighting systems will be in accord with applicable governing
24
regulations and industry standards and in accordance with the awarded Contractor's permitted
plans as prepared by the awarded Contractor's Professional Engineer and approved by the
City. All installations shall be within the guidelines established under the applicable provisions
of the National Electric Code (NEC) and the Florida Depart nent of Transportation (FDOT)
Standard Specifications for Road and Bridge Construction. The selected Contractor shall at all
times follow the City's and FDOT's maintenance of traffic rules, regulations, and standards and
minimize traffic interruptions.
E. Street Lighting Repairs and Maintenance
Contractor shall provide all labor, supervision, vehicles, equipment, materials, parts, shop
availability, and tools necessary to accomplish the hereinafter described work. The maintenance
portion of the proposal includes all operations and services necessary to keep streetlights
operational consisting, at a minimum, of the call center, general overhead, all equipment and
parts, and qualified personnel. The maintenance would commence immediately upon final
acceptance of the construction improvements by the City. In the event the City desires to have
any decorative and non -decorative street lights relocated during the term of the contract, such
relocations will be at the City's expense and is not a part of the maintenance price outlined in
this proposal. Damages by a third party will be the responsibility of the third party to pay for the
cost of repairing and replacing the damaged equipment. The City authorizes the Contractor to be
paid directly by the third party. In the event the third party is not identified, the Contractor and
the City will be responsible for the cost of repairing and replacing any damaged equipment based
on a 50/50 cost sharing basis. Damages caused by force majeure events such as windstorms that
are not attributed to a third party shall be at the City's expense. Contractor shall be responsible
for the preventative maintenance of the entire city -owned streetlight system. Refer to the
attached, marked as Exhibit 3 for a complete list of existing City streetlights. Contractor shall
provide scheduled preventative maintenance inspections, which include repairing faulty wiring,
replacing entire fixtures, removing and replacing inoperative fuses, lamps, and ballasts. The
Contractor shall provide regular patrolling of all city -owned streetlights every 15 days, and shall
provide the City with a monthly log detailing all maintenance activities. All outages shall be
repaired within 48 hours of discovery and/or notification by the City. Outages caused by force
majeure events such as windstorms or failure of the utility company's infrastructure shall be
exempt from the 48 hour requirement. All emergency calls from the City shall be responded to
within two (2) hours. The Contractor shall have and maintain a 24-hour access line for
emergency response available to the City 24 hours a day 365 days a year. Currently, this number
is (305) 819-4060. The Contractor shall provide a 24 hour call center to receive complaints for
light malfunctions or other streetlight issues. Upon completion of corrections to reported issues,
the Contractor shall contact the City and inform the City, in writing, of the issue's resolution.
The Contractor shall provide the City with a monthly log detailing all call center activity.
Contractor shall provide maintenance costs inclusive of the call center on a monthly per pole
basis as identified on the Price Proposal sheet.
25
RFP N *. 352306 Exhibit 1
DETAIL
A -I
DETAIL
A-2
CITY O•F MIAMI
Capital
improvement
nrograim
TAILS. A -I AND A-2
LumiNAiREL
150NMN,I50NHPS OR LED
DECORATIVE POST TOP, HADCC,
REFRACTIVE :SLOW, MODEL, G52
(OR 0L52) MHKA, WITH HOUSE -SIDE
SHIELD, COLOR: SLACK
PPST:
HT. I4'-4I", SPUN -CAST PRESTRESSED
CONCRETE, AMMON INTERNATIONAL,
MODEL: VICTORIAN IX, STANDARD
MANUFACTURER COLOR WITH
AMERSHE13LD COATINc9
POST M_IO TENS:
DETAIL A -I: DIRECT EMBEDMENT
rx.TAIL A-2: CONCRETE ANCHOR
EASE. PROVIDE AND INSTALL
ANCHOR. SASE
MTAIL5 A-5 ANC, A-4
LUMINAIRES,
100 N MH, 100 IN HPS Oil LED
DEa0OFtATIVE POST TOP, HADCO,
REP94AGTIVE' LOeE, MODAL: C52
(OR GL92) MHKA, NITH HOVE-stoe
SHIELD, COLOR: SLACK
ARM:
EXTRUDED ALUMINIUM, HAI GO,
MODEL: t°TH Sl20 KITH S" 'TON,
THIN ARM (2 5 ISO°), COLOR: SLACK
POST,
HT. 2011-5" SPUN -CAST PRESTRESSED
CONCRETE, AMMON INTERNATIONAL,
MODEL: VIGTORIAN IX, STANDARD
MAN UPAGTURER COLOR NITS
AMERSHIELD GOATINEe
POST MOUNTERS:
NAIL A-9: DIRECT EM{3EDMENT
DETAIL A-4: CONCRETE ANCHOR
EASE. PROVIDE AND INSTALL
ANCHOR 13643E
DETAIL DETAIL
A-5 Aa-4
OPTION A
Fz.egvest for Proposals for Street Lighting
Design, Installation, Repaire and Maintenance
At:' 9 SHE:ET$
26
Rt'P Na. 35230E - Exhibit 9
{
i
DETAIL
B-I
ITAIL
B-2
4
LJ
171=rAIL DETAIL
B- 5 B-4
pTAIL5 B-I ANri 5-2
LUMINAIRE,
1QINMH,1oWFPS ORLED
recoNi TIVL POST ToP, HADoo,
REFRACTIVE SLODE, MODEL: R52
(OR RL32) OANI, WITH SMALL TOP
REFLECTOR AND HOUSE -SIDE SHIELD,
COLOR, 131..AGK
2OST,.
HT. I4.-01", MN -CAST PRESTRESSED
CONCRETE, AME :'ON INTERNATIONAL,
MODEL, VICTORIAN 1X, STANDARD
MANUFACTURER COLOR WITH
AMERi -IIELD 00ATIN&
pOST MOUNTIND:
DETAIL 8-1, DIRECT EMBEDMENT
DETAIL D-2, CONCRETE ANCHOR
BASE. PROVIDE AND INSTALL
ANCHOR BASE
17eTAILS 53-5 AND .15-4
LUMINAIRES.
100 N[ MH, 100 W HPS OR LED
DSGORAT1VE POST TOP, HAt7Cd,
REFRACTIVE eL0 E, MODEL, RS2
(oft R1-521 CSAND WITH SMALL TOP
REFLECTOR AND HOUSE -SIDE SHIELD,
COLOR, BLACK
tatd.
EXTRUDED ALUMINUM, HADGO,
MODEL, Prig 0120 WITH S' TENON,
TWIN ARM (2 . I80'1, DOLOR, BLACK
MOIL
HT. 2q'-611, SPUN -CAST PRESTRESSED?
GONGFRETE, AMERON INTERNATIONAL,
MODEL: VICTORIAN Ix, STANDARD
MANUFACTURER COI.OR WITH
AM RSHIELD GoATINE.
!''09T MCIJNTINS.
DETAIL B-S. DIRECT EME 1UMENT
DETAIL 5-4. CONCRETE ANCHOR
BASE. PROVIDE AND INSTALL
ANCHOR BASE
CITY OF MIAMI'
Capital
Itrapxovamant
OPTION Er
letvaat for Propasails for $troot Llghttng
Pealgn, In#tcallatIon, Papatra and Mcllntenanat)
27
OWALINIQA
2
OF 9 SHEETS
REP No. 352306 - Exhibit 1
DETAIL
c-I
alTY OF MIAM1
C it 1
Improvement
Programa
L)MINAIRI9:
250 W MH OR ISO W HP9 PENDANT,
HADCO, TEARDROP, MODEL£ TFBT,
rem III OPTICS, WITH SHOT 6LO SE,
STANDARD FLAT BRIM, COLOR:
BLACK
ACtC,ESSORIE5,1
HORIZONTAL ARM MOUNTING
ADAPTOR, 2-9/S" O]7., HAIGO,
MODEL: T1=HAM4, C0.0Rt BLACK
63.6
STEEL CONSTRUCTION, LENGHT:
AMERON INTERNATIONAL, MODEL:
2DES, cOLOR$ BLACK
Veer,
HT. 24V-6", SPUN-GAST PRESTRESSED
CONCRETE, AMER0N• INTERNATIONAL,
MODEL; VICTORIAN IX, STANDARD
MANUFACTURER COLOR WITH
AMERSHIELD COATI NO
POST MOUNTINOI
DETAIL G-I: DI cT EMBEDMENT
DETAIL c-2: CONCRETE ANCHOR
BAse. PROVIDE AND INSTALL
ANGHGR BASE
DETAIL
OPTION G
Requea t Par Propasais Pon Street Lighting
Design, Installation, Repairs and Maintenance
28
OF B SHEETS
ATTACHMENT "B"
CONTRACT RATES / ADJUSTMENTS
Davis -Bacon Prevailing Wage Rates for this Contract are attached hereto and incorporated
herein by reference:
General Decision Number: FL130226 01/04/2013 FL226, as may be amended or superseded in
the future.
The unit price, per Street Light Design, or approved equal, shall be as per the attached and in accordance
with the Exhibit. A Scope of Services herein. Pricing shall remain fixed and firm during the initial five-year
Contract term. Thereafter, CPI adjustments to the rates may be approved for subsequent renewal terms per
the below Cost Adjustments Section.
ITEM
NO.
DESCRIPTION
UNIT PRICE
TOTAL ESTIMATED
QUANTITY
EXTENDED AMOUNTS
1
Street Light Design A-
$13,103/ea
1
$13,103
2
Street Light Design A-
$14,587/ea
1
$14,587
3
Street Light Design A-
3
$17, 296/ea
1
$17, 296
4
Street Light Design A-
4
$19,061/ea
1
$19,061
5
Street Light Design B-
1
$12,837/ea
1
$12,837
6
Street Light Design B-
$14.,320/ea
1
$14,320
7
Street Light Design B-
$16,830/ea
1
$16,830
8
Street Light Design B-
$18,595/ea
1
$18,595
9
Street Light Design C-
$16,840/ea
1
$16,840
10
Street Light Design C-
2
$18,482/ea
1
$18,482.
11
35 ft. Aluminum
Poles
$12,692/ea
1
$12 692
'
29
12
Monthly
Maintenance Per
Landscape Light, for
new and existing
$g 00/mo
566
X
12
$54,336
13
Monthly
Maintenance Per
Light Pole, for new
and existing
$12.00/mo
685
X
12
$98,640
TOTAL PRICE
PROPOSAL
$327,619
COST ADJUSTMENTS
Prices quoted shall be firm for the initial contract term (five years). Thereafter, any extensions
which may be approved by the City shall be subject to the following: Costs for any extension terms shall
be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be
based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as
published by the Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent (5%).
The increase or decrease in the CPI shall be that latest Index published and available for the
calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index
for the comparable month five years prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety (90)
days prior to the contract renewal date. Any approved cost adjustments shall become effective on the
beginning date of the approved contract extension.
The City may, after examination, refuse to accept the adjusted costs if they are not properly
documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event
the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of
the City, the Contract will be considered cancelled on the scheduled expiration date.
30