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HomeMy WebLinkAboutExhibit 1CONTRACT By and Between CITY OF MIAMI And TEXAS AQUATIC HARVESTING, INC. This AGREEMENT (hereinafter "Agreement") , is made and entered into this _ day of A.D., 2011, but effective beginning ten (10) days after Notice to Proceed is issued by the Department's Director, in accordance with the Contract Term set forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and Texas Aquatic Harvesting, Inc., whose principal address is 6403 Park Lane, #3, Lake Wales, FL 33898, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on , 2011, the City Commission accepted the competitive bid of to provide landscaping and irrigation maintenance to the City (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of two (2) years, (730 calendar days), with up to three (3) additional one (1) year options to renew the term. The City Commission further authorized the City Manager or his Designee to execute said options to renew subject to the availability of funding and Contractor's performance. NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as an integral part of this Agreement), and the promises and covenants contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by this Agreement and the Contract Documents, attached hereto and made part hereof, for complete storm sewer maintenance north of Flagler Street to city limits, for the Contract Term set forth in Article 7 below and for the project entitled: CITYWIDE CANAL CLEANING CONTRACT, M-0058 ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions and based on unit prices (where applicable), all as provided in the Proposal attached hereto and other Contract Documents attached hereto as Exhibit "C", the annual sum of Eight Hundred Twelve Thousand Nine Hundred Seventy One (2- 14' /- 76? Dollars ($812,971) for total two (2) year contract amount of One Million Six Hundred Twenty Five Thousand, Nine Hundred Forty Two Dollars ($1,625,942). The City Manager or his Designee, at their. discretion, may exercise the three (3) additional one (1) year options to renew and the funding shall be as follows: The first option to renew in the annual amount of Eight Hundred Twelve Thousand Nine Hundred Seventy One Dollars ($812,971) during Fiscal Year 2013. The second option to renew in the annual amount of Eight Hundred Twelve Thousand Nine Hundred Seventy One Dollars ($812,971) during Fiscal Year 2014. The third and final option to renew in the annual amount of Eight Hundred Twelve Thousand Nine Hundred Seventy One Dollars ($812,971) during Fiscal Year 2015. ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in. the "General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before the 10th day of each calendar month, the City shall make partial payments to the Contractor on the basis of the estimate of work performed by the Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager. (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications or by the Contractor have been furnished and are found acceptable by the City, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the City. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the Contact Scope of -Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the actual damage(s) which the City of Miami, Florida, will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in event of such default by the Contractor. ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if, at any time after the execution of this Agreement and the Performance Bond hereto attached and incorporated herein as Attachment "A", when required for its faithful performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement; or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND CONTRACT PAYMENT AND PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS/SPECIFICATIONS ADDENDA PLANS: N/A As prepared by Entitled: M. Rodriquez M-0058 ARTICLE 7. THE CONTRACT TERM: The original Contract Term is two (2) years (730 calendar days) effective ten days after Notice to Proceed is issued by the Department's Director. The City has up to three (3) options to renew the term of the contract, ..each for a - period of one (1) year, subject to availability of funds and Contractor's performance. The City Manager or his Designee, at their discretion, may exercise the three (3) additional options to renew and the terms shall be as follows: The term for the first option to renew shall be one (1) year during fiscal year 2013. The term for the second option to renew shall be one (1) year during fiscal year 2014. The term for the 'third and final option to renew shall be for one (1) year during fiscal year 2015. The terms for all three (3) options to renew shall begin ten (10) days after Notice to Proceed is issued by the Department Director. ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and is subject to amendment or termination due to lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice. ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Nzeribe Ihekwaba, Ph.D., P.E. City of Miami Director of Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 With copies to: Monica Rodriguez, Contract Manager City of Miami Department of Public Works 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 For Contractor: Texas Aquatic Harvesting, Inc. 6403 Park Lane, #3 Lake Wales, FL 33898 ARTICLE 10. MATERIALITY AND WAIVER OF BREACH: (a) City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. (b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. ARTICLE 11. SEVERANCE: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ARTICLE 12. APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury or to file permissive counterclaims in any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. Each party shall bear their own attorney's fees. ARTICLE 13. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager and Contractor. ARTICLE 14. PRIOR AGREEMENTS: This—document---incorporates--and—includes- all-- priornegotiations,-correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Article 13 above. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract*. WITNESS: (If Corporation, CONTRACTOR: attach Seal and Attest by Secretary) Texas Aquatic Harvesting, Inc. BY: BY: Print Name: Corporate Secretary (SEAL) Print Name : Print Title: (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Priscilla A. Thompson Tony E. Crapp, Jr. City Clerk City Manager APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: ENGINEERING: Nzeribe Ihekwaba, Ph.D., P.E. Gary Reshefsky, Director Director, Public Works Risk Management BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART AS ATTACHMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO ON ITS BEHALF. APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru City Attorney 00800. GENERAL CONDITIONS: 1. Contract Documents: 1.1. The formal solicitation, Bidder's Response, any addenda issued, the Contract Documents, and all subsequent work order and purchase orders shall constitute the entire Contract, unless modified in accordance with any ensuing Contract, Amendment or Addenda. 1.2. The Contract Documents, along with all documents that make up and constitute the Contract, shall be followed in strict accordance as to Work, performance, material except when the City may authorize, in writing, an exception. 1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek clarification from Project Manager. 2. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Scope of Work to be performed in accordance with the Contract Documents and in accordance with all codes and regulations governing the Work. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically stated. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. Please refer to the Public Works Department - STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS. 3. Terms of the Contract The successful bidder shall be required to enter into a contract with the City of Miami, which shall include but not limited to, the following terms: The term of the Contract shall be for an initial term of two (2) years, commencing three (3) calendar days after Notice To Proceed. The City shall have the option to extend the Contract for three (3) additional one (1) year term periods each by giving the Bidder at least thirty (30) days prior written notice. Extension of the term of the Contract beyond the initial period is an option to the City to be exercised in its sole discretion, and which does not confer any rights upon the Bidder, and shall be based on availability of funding and contractor's performance. The City shall have the right to terminate the Contract, for any reason whatsoever and at any time, upon thirty (30) days prior notice to the bidder. The City reserves the right to automatically extend this contract for up to one hundredtwenty------ (120) calendar days beyond the stated contract term in order to provide City with continual service while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, -the- City shall notify the Bidder, -'in writing, of its -intent to extend the -contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. Bid No. 10-11-014 Page 62 4. Preliminary Matters: 4.1 Within ten (10) days after the award of. the Contract the City shall hold a kick-off meeting with the Contractor. The City may require that the Sub -Contractors alsoattend this meeting. 4.2. Within five (5) calendar days prior to the kickoff meeting described in Section 4.1, Contractor shall submit to the Contract Administrator for the Contract Administrator 's review and acceptance: 4.2.1. A detailed maintenance plan in a format acceptable to the City: ▪ The maintenance plan shall indicate the start and completion dates of the various tasks for each Work Site and shall include a narrative of the procedures to be used and a list of all equipment to be used in the performance of the Work. • The maintenance plan must be updated to reflect any changes and submitted for approval to the Contract Administrator. Approval of the maintenance plan by the Contract Administrator shall not relieve the Contractor of the sole responsibility and liability for the performance of the Work. 5. Performance Bond and Payment Bond: Within fifteen .(15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions in the forms attached hereto. 5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a Surety, which is qualified pursuant to Article 5, below. 5.2. Each Bond shall .continue in effect forone year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended -from -time-to -times Contractor --shall- ensure--that-the-bond(s) -referenced-above— shall be recorded in the public records of Miami -Dade County and provide City with evidence of such recording. 5:4. - 'Alternate -Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. Bid No. 10-11-014 Page 63 6. Qualification of Surety: 6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial Holders Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class ....III 5,000,001 to 10,000,000 A Class ... IV ' 10,000,001 to 25,000,000 A Class .:.-V 25,000,001 to 50,000,000 50,000,001 or more A Class ... VI A Class VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. Bid No. 10-11-014 Page 64 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification: 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Contract does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding for such actions. These indemnifications shall survive the term of this Agreement. 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. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 7.1 above which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. 7.3 This indemnity will survive the cancellation or expiration of this Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla. Statue. 8. Insurance Requirements: 8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in. force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 8.1.1. Workers' Compensation insurance to apply for all employees in compliance with the 'Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000.00 Dollars each bodily_ injury caused by_ disease, policy limit. __._-_.-_.________-., 8.1.1.2 Waiver of subrogation 8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. General Aggregate Limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 8.1.2.1. Premises and/or Operations. [ X ] 8.1.2.2. Independent Contractors. • [ . ] 8.1.2.3... Products and/or . Completed .Operations for contracts with an Aggregate Limit of Two Million Dollars ($2,000,000.00) per project. Contractor shall maintain in force until at least three Bid No. 10-11-014 Page 65 years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ ] 8.1.2.4. Explosion, Collapse and Underground Coverages. [ ] 8.1.2.5. Broad Form Property Damage. [ ] 8.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ X ] 8.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 8.1.2.8. City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. [ ] 8.1.2.9. Employee included as insured. [ X ] 8.1.2.10.Contractual Liability. [ X ] 8.1.2.11.Waiver of Subrogation. [ X ] 8.1.2.12.Personal and Advertising Injury. [ X ] 8.1.2.13. Loading and Unloading. [ X ] 8.1.2.14. Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed or rented by Contractor or employees of the Contractor. 8.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictiveendorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. 7.1.3.2. 7.1.3.3. Owned Vehicles. Hired and Non -Owned Vehicles. Employers' Non -Ownership. 7.1.3.4 Employees included as insured 7.1.3.5 City of Miami as Additional Insured [ ] 8.1.4. Umbrella Policy 7.1.4.1. Bodily injury and property damage liability with limits of Two Million Dollars ($2,000,000) each occurrence and an aggregate limit of Two Million Dollars ($2,000,000). 7.1.4.2. Products/Completed operations aggregate limit of Two Million Dollars ($2,000,000). Excess coverage over the policies as follows: a. Commercial General Liability *.Business Automobile Liability Bid No. 10-11-014 Page 66 [ ] 8.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering. City as a named insured; with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 8.1.5.1. Cessation of Insurance --Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by City. 8.1.5.2. Flood Insurance —When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. [ X ] 8.1.5. Owners -Contractors Protective — City of. Miami — Limits of Liability for Bodily Injury & Property Damage Liability shall be in the amounts of $1,000,000.00 for each occurrence and $1,000,000.00 in the aggregate [ X ] 8.1.6 Employer's Liability — Limits of Liability $500,000 for bodily injury caused by accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit [ X ] 8.1.7 Marine General Liability, including coverage for protection and liability in the amount of $1,000,000 [ X ] 8.1.8 Pollution Liability in the amount of $1,000,000 [ X ] 8.1.9 Jones Act coverage for captain and crew 8.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 8.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. 8.4. Contractor shall furnish to the Public Works Department Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. 8.5. The official title of the Owner is the City of Miami,_ Florida. This official title shall be used in all insurance documentation. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, diesel, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. Bid No. 10-11-014 Page 67 10. General Requirements 10.1. The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. 10.2. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of the Project a sufficient number of competent and qualified personnel to meet the requirements of the Work to be performed. The Contractor shall have employed at the time of bidding sufficient numbers of competent and qualified employees to meet the requirements of the Work to be performed, and upon request by the City, the Contractor shall provide a list of these employees. 10.3. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so ordered by the City, should the City make a determination, in its sole discretion, that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. 10.4. The Contractor represents that its staff personnel have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Work, in a competent and professional manner. 10.5. The Contractor shall at all times cooperate with the City and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. 10.7. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of this Contract. 10.8. Contractor shall bear all losses resulting to him on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. 10.9 The Contractor shall at all times conduct the Work in such manner and in such sequence as will insure the least practicable local interference. 11. Worker's Identification The Contractor's employees, who include any subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 12. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the. construction of_the Work or_appurtenances, _are_ hereby included_in.the_pr_ices _ __ stipulated in this Contract for said Work. 13. Weather: No extensions to the Contract Period will be granted for weather related delays unless by a hurricane, City declared emergency or other occurrences that result in the City issuing a Stop Work Order. 14. Permits, Licenses and Impact Fees: 14.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. it is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons workingon the Project for whom a Certificate of Competency is required. Bid No. 10-11-014 Page 68 14.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 15. Resolution of Disputes: 15.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Contract Administrator's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Article 15.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to the City in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, the Public Works Director shall notify the Contractor in writing of his/her decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless the Public Works Director requires additional time to gather information or allow the parties to provide additional information. All non -technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 15.2. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Value adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 16. Inspection of Work: 16.1. The City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspection. 16.1.1. Reexamination of any of the Work may be ordered by the City with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents; City -shall -pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 16.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of the Contract Documents, nor to delay the Contract by failure to inspect the materials .and work . with reasonable . promptness without the written permission or instruction of the City. Bid No. 10-11-014 Page 69 16.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 17. Authority Of The City Project Manager 17.1. The Contract Administrator hereby authorizes the Project Manager to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed. 17.2. The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. 17.3. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the Contract Administrator or the Project Manager . 17.4. The Project Manager shall have access to the Work Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager may perform their functions under the Contract. The Project Manager will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. 17.5. The Project Manager will not be responsible for Work means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract. 17.6. The Project Manager will have authority to reject Work that does not conform to the Contract requirements, whenever, in his or her opinion, it is considered necessary or advisable to insure the proper implementation of the Contract. Neither The Project Manager's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. 17.7. All interpretations and recommendations of the Project Manager shall be consistent with the intent of the Contract. ------=17.8.----T-he- Project -Manager-will -not--be-responsible -for-the-acts-or-omissions-of-the-Contractor, any Sub -Contractor, or any of their agents or employees, or any other persons performing any of the Work. 18. Superintendence and Supervision: 18.1. Contractor shall keep on the Work during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to the City. The superintendent shall not be changed except with the written consent of the City, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by the City upon the written request of Contractor. Contractor shall give efficient supervision .to the. Work, using its best skill. and attention. The City shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. Bid No. 10-11-014 Page 70 18.2. If in the course of prosecuting the Work, the Contractor finds any issues or conditions affecting the performance of the Work, it is their duty to immediately inform the Project Manager, in writing, and the Project Manager will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 18.3. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the superintendent and the superintendent's supervisor. 19. Methods Of Performing The Work 19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its completion within the approved schedule, or if, in the opinion of the Project Manager, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the progress schedule accepted by or determined by the Project Manager, the Project Manager shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with' the schedule to insure completion of the Work within the specified schedule. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. 19.2. Where materials or equipment are transported in the performance of the Work, vehicles shall not. be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager. 20: City's Right to Terminate Contract: 20.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the commencement date as indicated in the Notice to Proceed, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the -benefit -of-creditors,--or-from-any-other-cause_ whatsoever--shall-not. carry -on. -the -Work -in -an -- acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor, within a period of five (51 calendar days after such notice, shall not proceed in accordance therewith, the City will terminate the services of Contractor, exclude Contractor from the Work Site(s) and take the prosecution of the Work out of the hands of Contractor, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Work • is completed. In addition City may enter into an agreement for the completion of the Work according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Work in an acceptable manner. All damages, costs and charges incurred .by City, together with the costs of completing the Work, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Bid No. 10-11-014 Page 71 Contractor shall be liable and shall pay to City the amount of said excess. 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 convenience of the City of Miami. 20.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Article 20.3 below. 20.3. This Contract may be terminated for convenience in writing by the City Manager or the City Commission upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested, hand delivery or courier) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services, which have not been performed. 20.4. Upon receipt of Notice of Termination pursuant to the above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 21. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City Commission. 22. Contractor's Use Of Work Site(s) 22.1. Limitations may be placed on the Contractor's use of the Work Site and such limitations will be identified by the City. 22.2. The Contractor shall limit its use of the Work Site(s), so as minimize impact and disruption.to.the surroundingareas and residents 21.2.1 The Contractor shall: a. Confine operations at the Work Site to the areas permitted by the Project Manager; •not disturb portions of the Work Site beyondthe specified areas; conform to Work Site rules and b. Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work, and its vehicles while performing -Work for the City and/or while parked at a City facility. The City assumes no liability for damage to the items specified in this paragraph. c. Access to and egress from the Work Site(s) shall be subject to the approval of the Contract Administrator or the Project Manager 23. Interfering Structures and Property ... Take necessary precautions to prevent damage to existing structures and property when accessing the Work Site(s). The Contractor is solely responsible for any damage to personal, City or other public property. Bid No. 10-11-014 Page 72 24. Site investigation and Representation 24.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, the conformation and conditions at the ground, the type of equipment .and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 24.2 The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. 25. Contractors Responsibility for Damages and Accidents: Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work. The City assumes no responsibility or liability in the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed. 26. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to persons who may be injured during the Project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manager every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 27. Safety Precautions 27.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent.damage, injury or loss to: 27.1.1.AII employees on the Work Site(s) and other persons who may be affected thereby; 27 1.2 Other property at the Work Site(s) or adjacent thereto, including-trees,-stirub"s lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 27.2. Contractor shall designate a responsible member of its organization at the Work Site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 27.3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in the Contract Documents, caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Bid No. 10-11-014 Page 73 Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed the City has issued a notice to City and Contractor a notice of Final Acceptance. 27.4 Contractor must adhere to the applicable environmental protection guidelines for the duration of the Contract. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. 27.5. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards. 27.6 If an emergency condition should develop during the Work, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 28. Warranty of Materials: Contractor warrants to City that all materials furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 29. Manufacturer's Instructions 29.1. The Contractor shall: 29.1.1. Comply with manufacturer's requirements for the handling, delivery and use of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions and MSDS documents to the City. 29.1.2. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and -recommendations are more explicit or more stringent than requirements indicated in the Contract 29.1.3. Inspect materials prior to use and reject materials not meeting the requirements of the Contract Documents. 30. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract. All material and equipment furnished shall be fully guaranteed by the successful Bidder against factorydefects and workmanship. At no expense to the City, -the the Contractor shall correct an and P. __ P tY; Y all apparent and latent defects that may occur within the manufacturer's standard warranty. The Supplemental Conditions of the Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon final completion of the Project. 31. Defective Work: 31.1. The Project Manager shall have the authority to reject or disapprove work which the Project Manager finds to be not in compliance with the Contract Documents. If required by Project Manager, Contractor shall promptly either remove or correct all defective Work. • Contractor • shall bear all direct, indirect and consequential costs of such corrections including cost of materials, equipment, and personnel. Bid No. 10-11-014 Page 74 31.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the Project Manager, the City shall have the authority to cause the defective Work to be corrected, ormake such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 32. Taxes: Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 33. Subcontracts 33.1. Contractor shall not employ any subcontractor against whom City may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 33.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. The City may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific Work performed. 33.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 33.4 Contractor shall complete Attachment B identifying all Sub -Contractors. 33.5. Multi -tier subcontracting is not permitted. Contractor shall not authorize subcontractors to further subcontract any portions of the Work. 33.6 The work performed by all subcontractors shall be no more than 10% of the total work for this Contract. 34. Separate Contracts: 34.1. City reserves the right to let other contracts in connection with this Work. Contractor shall afford other persons reasonable opportunity for the execution of their work and shall properly connect and coordinate this Work with theirs. 34.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on the public or businesses. Should such interference or impact occur, Contractor shall be liable for the cost of such interference or impact. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Value or Contract Term. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the Bid No. 10-11-014 Page 75 Work in a satisfactory manner. Any extra or additional work within the scope of this Contract must be accomplished by means of appropriate Field Orders or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Supplemental lnstructions: The Project Manager shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Value or the Contract Term. 38. Field Directives The Project Manager may at times issue field directives to the Contractor based on visits to the Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the. Work is outside the Scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. The contractor will take direction only from the Project Manager, Director of . Public Works, Assistant Director of Public Works or the City Manager. The contractor will not take direction from elected officials or other City personnel. 39. Change Orders: 39.1. Changes in the quantity or character of the Work within the scope of the Work which are - not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the line item prices, Contract value, or the Contract Term, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 39.2. Alt changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 39.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute as set forth in Article 15 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Project Manager and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the line item pricing, Contract Value or Contract Term. Bid No. 10-11-014 Page 76 39.4. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 40. Value of Change Order Work: 40.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Value shall be determined in one of the following ways: 40.1.1. By mutual acceptance of an increase or decrease in line item price(s) which Contractor and City acknowledge contains a component for overhead and profit. 40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 40.1.3. The addition of new line item prices. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Value or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. 42. Force Majeure 42.1 Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. 42.2 If the Contractor is delayed in performing any obligation under this Contract due to a force majeure condition, the Contractor shall request a revision of the schedule to the City within two (2) working days of said force majeure occurrence. Any revision of the schedule shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional work is required. Does Not Include inclement weather except as permitted by Florida law or the acts or omissions of Sub -Contractors, etc. 43. No Interest Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject-to-interest-including;-but-notlimited-to prejudgment -interest —However, -the -provisions of - Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 44: Material Safety Data 'Sheets and ProdubtData 44.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other of product data for all materials to be used. in the performance of the Work. Each copy must be marked to identify applicable products, and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. 44.2 Contractor shall submit only pertinent MSDS and product data information. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Bid No. 10-11-014 Page 77 44.3 The City may reject materials to be used in the performance of the Work where the MSDS and product data submitted result in the City determining that the materials do not meet the requirements of the Contract 45. Stop Work Order 45.1. The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (orthelesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: 43.1.1. Cancel the Stop Work Order; or 43.1.2. Terminate the Work covered by such order as provided in Article 20.3. 45.2. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation 46. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all its waste materials and rubbish from and about the Work Site(s) as well as its tools, equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. 47. Nondiscrimination. Equal Employment Opportunity, and Americans with Disabilities Act: Contractor 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. Contractor 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, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin; marital status,, physical or mental disability, political -affiliation; or any other factorwhich - cannot be lawfully used as a basis for service delivery. 48. Contingency Allowance The City has established a Contingency Allowance for this Project, which shall be reflected in the total contract sum. This allowance account is for use at the sole discretion of the City and shall only be distributed through the issuance of a change order approved by the City. Contractor has no entitlement to these funds as a result of the award of the Contract by the City. 49. Payment and Performance Bond A 100% payment and performance bond is required for this project. Refer to Section 008000, Article 4. 50. Davis Bacon Act This project is not subject to the Davis Bacon Act. Bid No. 10-11-014 Page 78 51. Pricing and Payment Bidders shall include in their bid all taxes, insurances, social security, workman's compensation, and any other benefits normally paid by the bidder to its employees. No overtime will be authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the City. Payments will be made monthly, in arrears, for services rendered the previous month, upon submission of property certified invoices and/or approved inspection reports. All such information shall be provided to the City Engineer for his/her approval in advance of payment. The contractor shall pay his/her employees performing work under this contract not less than the federal minimum wage in effect at the time of the contract. 52. Materials and Equipment The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including disposal fees, trash bags, oil, water, etc. necessary for completion of all the services specified in this bid. The equipment shall include but not be limited to landscaping equipment, bucket trucks, wood chipper, dump trucks, crane, etc. all as necessary to complete the work. The item price must include the disposal of all debris and litter collected by the scope of this contract and no additional compensation will be allowed. The contractor is not allowed to use the City's rights of ways for storage of any material related to this contract. 53. Method of Award This contract may be awarded to the two (2) lowest most responsive and responsible bidders for all the Bid Items included in this contract, and whose bid conforms to the specifications and is most advantageous to the City. Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications. The City may select two (2) bidders, with the lowest deemed the "primary vendor" and the next lowest the "secondary vendor", in the order of overall lowest prices provided to the City. Should the primary vendor not be able to provide the necessary service at the time needed or the required work is beyond the ability or expertise of the primary vendor or the primary vendor faits to perform as per Section 7 of the Public Works Construction Standards, the City has the option to select the secondary vendor whom will be offered the work to complete in a timely manner. The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for a specific project(s) prior to the provision of the same. Should the City determined the primary vendor's quote too high or incomplete, the City has the right to obtain a quote from the secondary vendor, in order to obtain the required service in the most expedient manner and at the lowest possible. 54. Additions/Deletions of Services Required Although this contract identifies specific terms and special conditions for work, it is hereby agreed and understood that any -other -services may be added/deleted to/from this contract-. at the- option of the City or any government agency may utilize the same terms, conditions, and pricing by approval from the bidder. The City of Miami will not be responsible for any agency outside the City._of_Miarni — .-------- When an addition to the contract is required, the successful bidder under this contract shall be invited to submit price quotes for any new service. If the quotes are comparable with market prices offered for similar work as described in this contract, they shall be added to the contract whichever is in the best interest of the City of Miami and an addendum and a separate purchase order or change order shall be issued by the City. 55. Estimated Quantities Engineering estimated quantities or estimated dollar value are provided for bidder's guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this bid. Said engineering estimate may be used by the City for purposes of Bid No. 10-11-014 Page 79 determining the low bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices. 56. Emergency / Disaster Performance In the event of a hurricane or other emergency or disaster situation, the successful bidder(s) shall provide the City with the commodities/services defined within the scope of work for this bid at the price contained within his/her bid amount. Further, the successful bidder shall deliver/perform for the City on a priority basis during such times of emergency. 57. Contract Hierarchy All of the documents incorporated by the Contract Documents shall govern this Project. Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to the Contract Documents exists, the more stringent provision shall prevail. The order of hierarchy within the Contract Documents shall be the Contract, Scope of Work, Supplemental Conditions, General Conditions, and last shall be the Instructions to Bidders. 58. Third Party Beneficiaries Neither Contractor nor the City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 59. Warranty, Fitness for Purpose The contractor -warrants -the -materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warranty provisions. The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, • within five (5) calendar days after the City notifies the contractor of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the contractor, in writing, that the bidder may be debarred_as_a_City..bidder/proposer and/or_subject.to_contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the contractor in defaults of its contract, aiidior (b) procutethe products or services -from another contractor and ch arge he contractor for - any additional costs that are incurred' by the City for this work or items; either through a credit memorandum or through invoicing. Bid No. 10-11-014 Page 80 01000 SUPPLEMENTAL CONDITIONS 01001 SCOPE OF WORK The purpose of this Contract is to provide the City of Miami with a Contractor to maintain the canals and waterways, Antonio Maceo Park water front and portions of the bay front in the City of Miami clean of debris and overgrown vegetation, and to minimize the resident's complaints. The maintenance procedures and detailed description of the work are described in Division 5 of these specifications. The contractor shall submit a detailed maintenance plan to the City for approval. The plan shall include but not limited to: a) Schedule for each task. b) The equipment to be used for each task. c) The procedure. d) The license for Sonar and chemical spraying. All work shall be performed using superior maintenance standards and techniques. The contractor shall inform the city two weeks before each clean up task is scheduled. The contractor agrees to on -site inspections by the City Engineer. 01002 LOCATION The project involves the following canals and bay front areas: • Wagner Creek North, from NW 20 Street to NW 15 Street / NW 13 Avenue — Approx. 3,750 feet in length. • Wagner Creek South, from NW 13 Avenue / NW 15 Street to NW 11 Street/ NW 10 Avenue — Approx. 2,050 feet in length. • Seybold Canal, from NW 11 Street to the Miami River —Approx. 2,300 feet in length. • Comfort Canal, from NW 27 Avenue to NW 45 Avenue along SR 836 — Approx. 2 miles in length. • Davis Canal, between NE.87 street and NE 86 Street from Biscayne Bay to NE 10 Avenue — Approx. 1,350 linear feet. • Ademar Canal, between Ne 83 Street and NE 84 Street from Biscayne Bay to NE 10 Avenue and 8th Court — Approx. 1,650 linear feet. Bayfront NE 28 Street Cove, Biscayne Bay and NE 28 Street — Approx. 260 feet in length. • Bayfront NE 20- 21 Street Cove, Biscayne_Bay_and_NE_20_Street_-_Approx._700 feet in length. • Bayfront North and South of RICKENBACKER Causeway, Approx. 650 feet in total length. • Lawrence Waterway, from NW 17 Place and NW 7 Street to the Miami River - Approx. 2,300 feet in length. • Waterfront of Antonio Maceo Park, NW 51 Avenue and NW 7 Street — Approx. 290 feet in length. Refer to Division 5 for location maps of each section. All work shall be performed using superior maintenance standards and techniques. The work shall be done to the City Engineer's satisfaction. Bid No. 10-11-014 Page 81 01003 SITE INSPECTION The Contractor shall examine all the sites of work, inform themselves in regards to all conditions pertaining to the place where the work is to be performed, and fully acquaint themselves relative to the work required prior to submitting the bid. 01004 DESCRIPTION OF PROPOSAL The proposal has been broken up into various bid items for convenience in evaluating bids, and administering the contract. The price quoted for each lump sum and unit price item shall include all costs for labor, materials, and equipment necessary to performed the improvements in accordance with the specifications. Items of work not specifically mentioned but necessary to create a finished and complete work product shall be assumed to be a part of one or more Proposal Items and shall be furnished at no extra cost to the City. The price bid for each individual proposal item shall include all costs for materials, equipment and labor to perform the work meeting code requirements and accepted standards of good workmanship. BASE BID is the sum of Proposal Items 1 through 56. TOTAL BID is twice the Base Bid price. 01005 ENVIRONNMENTAL PROTECTION The contractor shall be responsible for maintenance of the existing environment. Valuable vegetation, such as sea grasses and mangroves, are to be protected. The contractor shall also be aware of manatee protection which could be present in the work areas. Existing trees on private property and in the public right of way are to be protected. Trimming of trees will not be allowed without the approval of the Department. The Contractor will mitigate any damage to the existing environment to DERM's and City's satisfaction at the Contractor's expense. Wagner Creek has been declared an impaired body of water by the State of Florida, therefore strong warnings are placed while being in contact with its waters. It should be noticed that the working areas include environmental sensitive areas, especially Biscayne Bay Aquatic Preserve which has exceptional biological and aesthetic, and scientific value. The contractor will follow all the rules and regulations for the protection of the environmental sensitive areas. All work under this contract shall comply with the South Florida Building Code, the City of Miami and DERM. The contractor shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the. Federal Water Pollution Control act as well as other requirements -specified-in-those-sections-and-regulations. 01006.. CONSTRUCTION. SCHEDULE._..... The contractor shall submit a full schedule of all the tasks to the City Engineer within two weeks after the notice to proceed is issued. The schedule will be reviewed and approved by the City Engineer. Before commencing work, the Contractor shall meet with the Engineer to coordinate all aspects of the work under this contract. Bid No. 10-11-014 page 82 01007 REVISIONS TO GENERAL CONDITIONS (A) 7-10 INSURANCE The Bidder is alerted to the fact that All -Risk Builder Risk Insurance will not be required on this job. (B) 7-14 SIGNS Delete description of a sign as stated in this paragraph and provide one construction sign in accordance with Sketch Misc. 35-89-5-R bound in Division 5 of these Specifications, at each location where construction is in progress. (C) 8-1 HELD OFFICE A field office will not be required. (D) FAILURE TO COMPLETE WORK ON TIME Add the following to Section 6-9: If the Contractor's performance of this Contract is delayed by acts of the owner or other subcontractors, suppliers and contractors, materialmen, architects and/or engineers, the Contractor may request an extension of time from the owner in writing within twenty days of the event by which the delay occurred, but the Contractor shall not be entitled to an increase in the Contract price or claims or damages because of the delay or because of any acceleration in its work. (E) 9-5 PARTIAL AND FINAL PAYMENTS The Contractor shall supply to the Engineer, no later than the date of the Pre -Construction Meeting, or ten (10) days before the start of construction, whichever is later, a complete list of all subcontractors to be used on the project. Authorization to deviate from this list shall be requested and secured from the Engineer in writing before any substitutions are allowed. All pay requests, except the first draw, shall be accompanied by duly executed affidavits or releases of claim, as stated in this section, from all subcontractors who appear in the above list. In the event no subcontractors perform work during a specific period covered by a monthly pay request, said pay request shall be accompanied by an affidavit certifying same. Failure of Contractor to obtain final releases of lien within six (6) months of substantial completion (said date of substantial completion to be determined by the Architect of Record and/or the Engineer) will entitle -the City to deposit any retained funds in an escrow account -for the Contractor's benefit. The Contractor shall not be entitled to any interest on said retained funds and agrees to waive any claims for prejudgment and/or postjudgment interest. Additionally, the City will be entitled to -charge-reasonable-administrative--expenses-for the administration--of-said escrow account, said expenses to be deducted from the escrow fund. After the expiration of six (6) months from the date said funds are deposited in 'an escrow account, if the Contractor has still failed to obtain final releases of lien, any retained sums shall be forfeited by the Contractor and said sums shall become the property of the City for its sole use. (F) 6-9a NO DAMAGES FOR DELAY No. payment, compensation, increase in contract price or adjustment of any kind (other than the extension of time : provided for) shall be made to the Contractor for damages because of hindrances, disruptions or delays from any cause whatsoever in the progress of the work, including, but not limited to, hindrances, disruptions or delays caused by acts of the owner, other Bid No. 10-11-014 Page 83 contractors, subcontractors, suppliers, materialmen, architects and/or Engineers whether such hindrances, disruptions or delays be avoidable or unavoidable. The Contractor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, or acceleration in the work, and will accept in full satisfaction for such delays, disruptions, hindrances or acceleration in the work said extension of time. 01008 ADDITIONS AND REVISIONS TO INSTRUCTION TO BIDDERS (A) PAYMENT ITEMS: Any work not specifically mentioned in the payment Items listed in the Proposal, but indicated on the Plans and/or Specifications, shall be considered as incidental to one or more of the payment Items, and no claim for additional compensation will be allowed. The Bidder shall not add to the listed Items nor combine any of the Items. 01009 PROVISIONS FOR SPECIAL ITEMS To provide a fund for contingent work described below, the Contractor shall include in his Proposal under Item No. 56 "Provisions for Special Items", the Cash Allowance Sum of Ten Thousand Dollars ($10,000.00). This fund shall be used to pay for the following when not provided for on the Plans, in the Specifications, or in another Item of the Proposal: (A) Uniformed Police. (B) Other unforeseen surface or underground adjustments or additional work not included in the Plans or in the Specifications. The amount of such construction adjustments, services and/or work, are rough estimates only and shall be done only as directed by the City Engineer, who shall approve all charges which will be paid for from the funds set forth for Provisions for Special Items. All construction adjustments, and/or extra work that is done by the .Contractor without previous written approval by the Engineer, shall be considered incidental to the job and the City will not be Liable for extra compensation. Any portion of said Allowance remaining after all authorized payments have been made, will be withheld from Contract payments. 01010 DESCRIPTION OF PLANS There are no construction plans for this project. There are location maps of all the canals and waterways to be maintained under this contract on Division 5 of these specifications. Bid No. 10-11-014 Page 84 01011 PROTECTION OF THE PROPERTIES The Contractor shall protect from damage all equipment, structures, surfaces, subsurfaces structure, and grounds at or near the site of work and shall repair or restore any damage to such facilities resulting from the failure to exercise responsible care in the performance of the work. If the contractor fails or refuses to repair such damage promptly, the City may have the necessary work performed and charge the costs thereof to the Contractor. It shall be the Contractor's responsibility to preserve the existing condition of the canals and surroundings, including but not limited to natural vegetation such as sea grass and mangrove, bank of the canals, bulkheads and seawalls, concrete sidewalk, curb and or gutter and asphalt pavement. Any damaged pavement or concrete from the failure of the contractor to comply with the requirements of this contract, or failure to exercise responsible care in performance of the work, shall be repaired at the contractor's expense. Any damages to the plants such as sea grass an mangrove shall be mitigated to DERM's and City's satisfaction, by the contractor and no additional compensation will be allowed. Bid No. 10-11-014 Page 85 Division 2 A — Technical Specifications M-0058 3.1.0 SCOPE OF WORK The work shall consist of the furnishing all labor, materials and equipment to clean up the City of Miami canals, Antonio Maceo water front and various Bay Front Areas. The scope of work includes but is not limited to: 1. Debris Removal and Litter Control at all locations — Every month of the year, or as directed by the City Engineer. 2. Mowing / Trimming at all locations — Monthly for Wagner Creek and Lawrence, Four times a year, or as directed by the City Engineer for other locations. 3. Weed control / chemical treatment (banks and upland areas within canal right of way) at Wagner Creek, Comfort Canal, Lawrence Waterway and Antonio Maceo. No spraying is allowed on the Biscayne Bay areas. 4. Sonar Spraying of waterways at Comfort Canal and Antonio Maceo. 5. Obstruction (vegetative) removal at all locations, or as directed by the City Engineer — twice a year. 6. Obstruction (all heavy materials) removal at all locations except Seybold Canal, Rickenbacker Causeway and Antonio Maceo, or as directed by the City Engineer — twice a year. 7. Maintenance of the improved seawall at Lawrence Waterway — twice a year, Contractor to pressure clean a total of 144 existing concrete bollards. Once a year, Contractor to pressure clean and paint with a one coat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -deep galvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is broken or damaged, apply ACI 301, to a smooth form finish before painting. 8. Harvester: This work is required once a year to remove all the seaweed and hydrilla from all the canals and waterways shown below. The selected contractor must own its own weed harvester or be able to rent it at no cost to the city to accomplish this work. A description of the harvesters and equipment to be used in this contract can be found in Section 3.1.10 below. Scope of Work Wagner Creek North Wagner Creek . South Seybold . Canal Comfort Canal . Ademar Canal Davis Canal NE 28 Street Cove NE 20- 21 Street Cove Ricken- backer Cwsy. Lawrence Waterway Antonio Maceo Park 1 X X X. X X X X X X X X 2 X X X X X X X X X X X 3 X X X X X 4 X X X X 5 X X X X X X X X X X X 6 X X X X X X X X 7 X 8 X X X X X X X X In addition, there shall be an emergency On -Call status where the Contractor is to be on -call for any illegal spill or dumped material that may interfere with the viability of the canal's channel waterway. This . emergency work shall be compensated from the .Special Provisions Item and only the City Engineer can order the contractor to mobilize his forces to attend the emergency. Bid No. 10-11-014 Page 86 3.1.'1 TIME OF COMMENCEMENT AND DURATION OF MAINTENANCE PERIOD The maintenance period shall be for a period of three hundred sixty five (365) days, started the date issued on the Notice to Proceed by the Public Works Department. 3.1.2 QUALITY ASSURANCE The contractor's Superintendent shall be well versed in appropriate maintenance operations and procedures. All employees shall be competent and skilled in their particular job in order to ensure that they properly will performed the work assigned. All work shall be performed using superior maintenance standards and techniques. The contractor shall inform the City; two weeks before each clean up work and send a schedule for the month for the approval.of the City prior to start work. If in any circumstance the City Engineer is not satisfied with the work, the Contractor should redo the job to the City Engineer's satisfaction at the Contractor's expense. No additional compensation by the City will be allowed for contractor's non-performance. 3.1.3 ENVIRONMENT PROTECTION It shall be the Contractor's responsibility to preserve the existing condition of the canals and surroundings, including but not limited to natural vegetation such as sea grasses and mangroves, bank of the canals, bulkheads and seawalls, concrete sidewalk, curb, and/or gutter and pavement. Any damaged pavement or concrete from the failure of the Contractor to comply with the requirements of this Contract, or failure to exercise responsible care in the performance of the work, shall be repaired at the Contractor's expense. Any damages to the plants such as sea grasses and mangroves shall be mitigated to DERM's and City's satisfaction, by the Contractor and at the Contractor's expense. It should be noticed that the working areas include environmental sensitive areas, especially Biscayne Bay Aquatic Preserve which has an exceptional biological, aesthetic, and scientific value. The Contractor must follow all the rules and regulations for the protection of the environment. 3.1.4 SPECIAL CONDITION FOR SHALLOW AREA The Contractor shall use shallow draft boats, vessels or other equipment to collect debris in shallow areas. The minimum depth of water for operation in water should be at least one (1) foot. In case of water depth less than one foot, the Contractor shall use appropriate equipment to collect the debris from land. For shallow areas, the clean up work shall be restricted to high tide period in order to protect the soil and vegetation. 3.1.5 PROPER EQUIPMENT AND OPERATION CAUTION The Contractor shall not use any equipment that could seriously disturb the sediments in the canals. Cautions should always be applied during the operation. Specifically, dirty water should always be kept within small area, and the operation shall not generate cloud or plume over 29 NTU turbidity. Bid No. 10-11-014 Page 87 3.1.6 CHEMICAL TREATMENT For weed control chemical treatment, the Contractor must be a currently certified herbicide applicant. All herbicides must be labeled for use in water. The chemicals rnust be approved by USEPA and the Florida Department of Agriculture and Consumer Services. Weed control chemical treatment can be only used in proper manner. Refer to the end on this Division for literature on Aqua Star, or approved equal. Any other herbicide shall be approved in writing by the City Engineer. The weed control is primarily focused on emergent submersed, rooted plants and filamentous algae. The Contractor shall be extremely cautious not to damage any endangered plants, threatened plants, and special of special concern. The Federal list of endangered and threatened by commercial exploitation plants are maintained by the Department of Agriculture and Consumer Services via Chapter 5B-40 FAC. Sea grasses, mangroves and other species are designated as Essential Fish Habitat by the South Fishery Management Act, administered by National Marine Fisheries Services (NMFS). • For the waterway treatment, Contractor shall use Sonar Herbicide, or approved equal. See the end of the Division for literature on the aquatic herbicide. 3.1.7 MANATEE ALERT The Contractor is hereby notified that manatees are known to be present in the City's canals and waterways. The Contractor shall use ultimate caution on order to protect the manatees. Specifically, operation shall be stopped when manatee is within 150 feet of the work site. 3.1.8 WASTE DISPOSAL It is the Contractor's responsibility to dispose the waste collected during the canal maintenance appropriately. The Contractor shall remove the waste collected from the site within twenty four (24) hours of collection. The City of Miami will pay the disposal fee signed by the City Inspector. Contractor must pick up and haul the debris to the nearest Miami Dade Transfer Station and pay up front for the disposal fee of the collected debris. The Contractor shall provide prove of the quantity of the waste collected (load ticket) in order to be reimbursed for the waste disposal fee, and the City will pay only for the waste collected for the canal maintenance operations. The pay ticket must be signed by the City Engineer prior to submittal of invoice payments. 3.1.9 LOCATION MAPS Please refer to Division 5 of these Specifications. 3.1.10 EQUIPMENT SPECIFICATION • Texas Aquatic Harvesting Model 1200 Trash Collecting Barge, or approved equal: Total Length - 90 feet Total Width - 16 feet Carrying Capacity - 20 Tons (40,000 pounds) Travel Speed - 5-7 Knots (5.7 - 8.1 mph) • Texas Aquatic Harvesting Model 800 Trash Collecting Barge, or approved equal: Total Length - 70 feet Total Width - 14 feet Carrying Capacity - 13.5 Tons (27,000 pounds) Travel Speed - 5-7 Knots (5.7 - 8.1 mph) Heavy truck with clamp • Mounted Crane with truck • Floating barge and small vessel • Tug boat • Hauler or dump truck All equipment must be at the contractor's yard and ready for inspection the first day of the contract. Bid No. 10-11-014 Page 88 DIVISION 5 • Location Map • Aqua Star TM Herbicide or approved equal • Detail of Concrete Bollard for Lawrence Waterway • Harvester Model 800 or approved equal Bid No. 10-11-014 Page 89 DRAINAGE • 74'P. F'• o,,�, ak L N% / N w. ik7-,;`,Er''-c5%`1(- 4,Am, p°LIGE AUTO pOUNO Rsre°r It 6,6-r7t • • 6.5591 Q,6r�a ripreo4 SU 19 2.7 49'Z7,18 141 N w• (Coye fY fWM"3) INCINEWiOR 44 H-4Z3S UG42.3-'41 GiT'l OF .1,41 At, 20tt1 STREE• .INGINERATQA NO.1 ' f %/ E.T ER At4 vOSPITAL Wore PS attelA AM/4 be) V 9 gip lA� • $nbs•r-4 SS, 4 jybyz A g; 14.w . , s CEDARS Of LEBAN Kosp1Ti`c L ores • •• :• :', •:." '• • \ ..• ‘. - • -. `• •• .... % • . — %.'. -.-,.. \--.- --•—•. % •*z....,- ', - - --_,-.....,....,z_ • Disigicr 444.4.14. t.e 1,1.44. t ST. ch.C..C401/2. 14, g ,vi s ss-se.icte,0 19- SCALE: I" s3001 o R ti a a- g c--1-1) re) • s a. 12 a a tir tg 4. C CIA1-7 5:trwc+arej �T• ST ;Y OF MIAMI :NOE RSO N PARK . bJ • ST. • fe+ uc gil46 N y\ vT. 41 a b.*.5 5.T. o. I3ouvJa y. 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I DISfl1RBED (No 1o.) fs • !e WASHER JION• WALL-..-.,!? orr000 POtr • SURVEY TIE U �1 ' P'00f1 )eel. IVOIt'RMI IYP-) B4NK3 4 r /lN(rorno / 4CEQ r 0.9' DV1. io•• SIZE BENCHMARKS! I:L +5.99 `t X-MARX ON CURD eV" LncO or 12- • 0 ,iFFI uEASUnEU OH 0-I2-I e i �� �(, • {xQ g9E.R Into aDicu (TYPICAL.) 1' N 4.t 6►1 � . E.] t_3•eE1 5•�° 1 n O P1 NUAL._ le (TrPlemj 00' to. PAYER IDU'RN cmrc. rxltcK""; ,'„/' cur_OU (TYPICAL) Ira 11.1' ALUIL BRIWCE frf1f 111R11 tIUM 5.00' rio nnN1't1 ""' t11111f1 7 x 5px0 P yi 1.7' SO. UEIAt. El ti9 (rR'IGt) I ,r 1 449 5n `. �. x�9. 1e? a ylxa 5. �. SONAR*A..S. Herbicide 1-MethyP3-phenyl-5-(3-(trif(uoro-methy()pha ny1)-4 (1H)-pyridinone (Fluridone) CAS# 059756-60-4... • d1.7% Other Ingredients, total, including: 58.3% Proprietary surfactants Propylene glycol ... CAS# 000057,55-6 Water ... CASt'f 007732-18-5 This document is prepared pursuant to the OSHA Hazard ommunication Standard (29 CFR 1910.1203). In addition, other substances not 'Hazardous' per this OSHA Standard may be listed. Where proprietary ingredient shows, the identity may be made available as provided in this standard. ,2:PBYSJCALD BOILING POINT: (@ 1 atmosphere) 212°F, 100°C VAP. PRESS: 2.3 mrn Kg at 25°C VAP. DENSITY: 1.178 relative to air at 25°C SOL. IN WATER: Disperses in water SP. GRAVITY: 1.15 at 25°C APPEARANCE: Light tan to gray opaque liquid ODOR: Slight odor pH: (aqueous 50150) 8,45 FLASH POINT: Greater than 200°F, 93.3°C METHOD USED: SCC FLAMMABLE LIMITS; LFL: Not applicable UFL: Not applicable AUTO -IGNITION TEMPERATURE; Not applicable -EXTINGUISHING-MEDIA: SONAR A.S, is a water based suspension and will not bum. If product Is involved in fire and water has evaporated, use water fog, CO2, dry chemical, or foam. FIRE AND EXPLOSION HAZARDS: This product will not bum until a sufficient amount of water has evapo- rated. At this point, the product will exhibit the flamma- bility characteristics of the organic portion of this for- mulation. Keep unnecessary people away; isolate haz- ard area and deny unnecessary entry, Highly toxic fumes are released In fire situations. 'Trackman; of5e,PROcorvoraea, Emergency Phone: 31 ?-580-8282 General Phone: 1-317-580-8282 EPA Reg, Number: 67690-4 Effective Date: August 25, 1994 SePRO Corporation • Carmel, IN FIRE -FIGHTING EQUIPMENT: Wear positive-pres- •sure, self-contained breathing apparatus and full pro- tective equipment. ;valor aireA STABILITY: (CONDITIONS TO AVOID) None known INCOMPATIBILITY: (SPECIFIC MATERIALS TO AVOID) None known HAZARDOUS DECOMPOSITION PRODUCTS: If product is allowed to dry, will emit toxic vapors as it bums. HAZARDOUS POLYMERIZATION: Does not occur. ENVIRONMENTAL DATA: Follow use directions carefully so as to avoid adverse erects on nontarget organisms. to order to avoid impact on threatened or endangered aquatic plant or animal species, users must consult their state fish and game agency or the U.S. Fish and Wildlife Service before making appiica- tibns. Do not contaminate water when disposing of equipment washwaters. Trees and shrubs growing in water treated with Sonar A.S. may occasionally level- op.chlorosis. Do not apply in tidewater or brackish waters. Lowest rates should be used in shallow areas where the water depth Is considerably less than the average depth of theentire treatment site, for exam- ple, shallow shoreline areas. ACTION TO TAKE FOR SPILLS: Use absorbent material to contain and clean up small spills and dis- pose as waste. Large spills report to CHEMTREC and SePro Corporation for assistance. Prevent runoff. DISPOSAL METHOD: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility. iEi11-"H HAZfiiRD DA EYE: May cause slight transient (temporary) eye Irrita- tion. Corneal Injury is unlikely. SKIN CONTACT; Prolonged exposure may cause slight skin irritation. Did not cause allergic skin reac- tions when tested in guinea pigs. SKIN ABSORPTION: A single prolonged exposure is not likely to result In the material being absorbed through skin in harmful amounts. The LD50 for skin absorption in rabbits Is greater than 2000 mg/kg. 1 SePR SONAR* A.S. Herbicide INGESTION: Single dose oral toxicity Is low. The oral LD50 for rats is greater than 500 mg/kg. Small amounts swallowed incidental to normal handling oper- ations are not likely to cause injury; swallowing amounts larger than that may cause injury. INHALATION: At room temperature, vapors are mini- mal due to physical properties; a single exposure is not likely to be hazardous. SYSTEMIC (OTHER TARGET ORGAN) EFFECTS: in chromic toxicity studies in animals, fluridone has been shown to cause liver and kidney effects. CANCER INFORMATION: The components did not cause cancer in long-term animal studies. TERATOLOGY (BIRTH DEFECTS): In animal studies on some of the components (including fluridone), this product did not cause birth defects; for fluridone, other fetal effects occurred only at doses toxic to the mother, MUTAGENiCITY (EFFECTS ON GENETIC MATERI- AL): For fluridone, results of rnutagsnicity tests In ani- mals have been negative; results of a battery of in -vitro mutagenicity tests, except for one, have also been negative. Based on these results and the lack of car- cinogenic response In long term studies, fluridone Is not considered to be rnutagenic. ,,rlRSr; EYES: Flush eyes with plenty of water. Get medical attention if irritation persists. SKIN; Flush skin with plenty of water. Get medical attention if irration persists. iNGESTION: Call aphysician or poison control center. Drink one or two glasses of water and induce vomiting by.touching back -of_ throat -with -finger, -Do- not -Induce --- vomiting or give anything by mouth to an unconscious person. INHALATION(: Move victim to fresh air. If not breath- --Ing,-give-artificial-resplrationrpreferabty-mouth-to- _._.. . mouth. Get medical attention. NOTE TO PHYSICIAN: No specific antidote. Supportive care. Treatment based on Judgment of the physician In response to reactions of the patient. B HaND LNG 1PRECAU IOJ EXPOSURE GUIDEUNE(S): Propylene glycol: AiHA WEEL is 50 ppm total, 10 mglrn3 aerosol only. Emergency Phone: 317-580-8282 General Phone:1.317-580-8282 EPA Reg. Number: 67690-4 Effective Date: August25, 1994 SePRO Corporatlon • Carmel, IN VENTILATION: Provide general and/or local exhaust ventilation to control airborne levels below the expo- sure guidelines. RESPIRATORY PROTECTION: Atmospheric levels should be maintained below the exposure guideline. If respiratory irritation is experienced, use an approved air -purifying respirator. SKIN PROTECTION: For brief contact, no precautions other than clean body -covering clothing should be needed. Use chemically -resistant gloves when pro- longed or frequently -repeated contact could occur. Wash thoroughly with soap end water after handling. Wash exposed clothing before reuse. EYE PROTECTION: Use safety glasses. .�DDI�70Nl�11,,7�iF+�QtlNl,1��70! SPECIAL PRECAUTIONS TO BE TAKEN IN HAN- DLING AND STORAGE: Keep out of reach of chil- dren, Harmful if swallowed, absorbed through skin, or if inhaled, Avoid breathing of spray mist or contact with skin, eyes, or clothing. MSDS STATUS: Revised sections 1, 3, 5, 6, 7, 8, 9, and reg sheet Not meant to be all-Inolusivc selected regulations represented). NOTICE: The Information herein Is presented In good faith and believed to be accurate es of the effective date shown above. However, no warranty, express or Implied, Is given. Regulatory requirements are subject to change and may differ from one loca- lion to another, it is the buyer's responstblulty to ensure that Its activities comply with federal, state or providal, and local laws, The following specific tniormation Is made for the pixpose of com- ptyteg with numerous federate state or provincial, -and "local lews and regulations, See MSD Sheet for health and safety information, SARA HAZARD CATEGORY: This product has been reviewed according to the EPA "Hazard Categories" - promulgated under Sections 31i1 and-312 df'the Superfund Amendment and Reauthorization Act of 1986 (SARA Title Ill) and is considered, under applica- ble definitions, to meet the following categories: An immediate health hazard TOXIC SUBSTANCES CONTROL ACT (TSCA): All ingredients are on the TSCA Inventory or are not required to be listed:on the TSCA Inventory. STATE RIGHT -TO -KNOW: The following product components are cited on certain state lists as men- tioned,.Non-listed components may be shown in Section 1 of the MSDS. 2 1ateriaJ SePA SONAR* A.S. Herbicide CHEMICAL NAME CAS NUMBER 1,2-PROPANEOIOL 000057.55.6 PA1=Pennsylvania Hazardoss Substance (present at greater than or equal to 1.0%). OSHA HAZARD COMMUNICATION STANDARD: This product is a "Hazardous Chemical" as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) RATINGS: Category— ..........».....,......_....................,.............Rating Health...................................................................1 Flammability 0 Reactivity0 LIST PA1 Emergency Phone: 317.580-13282 General Phone: 1.317-580-3282 EPA Reg. Number; 67690-4 Effective Date: August 25,1994 SePRO Corporation • Carmel, IN The Intonation Herein Is Given In Good Faith, But No Warranty, Express 0r Implied, Is Made, • Consult SePRO Corporation For Further Information. 3 ANAUP.L GRASS RDOWITSUPPRESSION e artnal grasses, each a: aaaual seo. vile barley sad Mai oats ermine In coop tart on roarisIdes-o- ; 4 ounce af •Cia rode In 10 to 40 goddre of spree ooluDon per v.re. Ma 2 calf °fa nonionic sufficed D.Appthations sbm.adte owls it= ma grazes are &ygrurM bBtare the seerthaaciz are in the kneels made des sveclbeaJ emerganx•reay cause Nary la the &abed grosses. • .. • . • COMMONS OF SAID MID WtSF1A11Y- 10 product rattled the ageolon of aqtertc laserSoo Bald usa and teals. The Olrealloos ara.balleved to be isibias t Howeve:, II la Impost:it 10o1m1nais ell dee lanfeat, tissatiate 16th tin of toad Groh 10jury4a3f- 1 consequences n result bap= al sash Iclots as weaenc coorflfax, presence of ether eigerbes, ce The act It'd are Writ Uio eaokral ALBaytIA 11C., IM Supplemental DIsIrltelors, able So10ti FlIr413 . . )1 Melaka= 31)d the Site wauard teat 1010Prefto! male= to DIP chemical di ert1gon i,tho ibal sod10 visaed 1010 the Oltsr-lione for Use outdid to toLz10froiefireifto atvL NEMER AtOdUCIfliC. DOR 3AS MAIE. ASIDOTHER EXPRESS OR IMPLIED VIIROARTY.OF FITNESS FOR AMY PARTICULAR PURPOSE R ART OTHER WEBS DR IM?LWO SEARRADTLIEUSACREANTY DOES NOT MEDD It, AND -THE SPONSIBLE FOR, ANT AfiD ALL LOSS OE [IAMB tilArCei DBUCES-FROM THE USE VMS PROPUDT CORMS -Mae MTh VIE Shea DIRECOOra. . • . . . • MD 1110 Eita..alikilitIlLtiT @T. PLEArelt. :sui?iihtFir4L AIMS, Lessras, DAMAGE, DS mums Ef101,11gc4sEmtp.rups.0f EIS petuct, countAcl; MU MICE, STRICT MAMMY IN roliTilt OTTIEep.rme,!o, i es: t..ty.a Teo, .r.1.11rE.IN: ptsamea °FAR AIE REPICMETIT OFTILE'PORtgAMPDIct FOR-IBEAVAITITYIIP.p.ft0DSCTVAI 10 ARE CLAIMED. 0110en Boyd( sulfas Imes or aantieslasaioj froklbause atirwAlhig red, nesegence, abtl MIDI or OW lea& to** BIWIT31Ek troMPUY glif4., 'made elated above. al MO CPS2 MAU AMMON, IR; era StIret.OntrITAL-DismtatrestS,:aa THE ISEDWESITIAL, SPECIAL DR U10113ECT•DAMACES KBE= FRI:1611HE UE pg HANDLING MIS ,Sugglemental Msefoutots, ea the Setter ego las potluck and the Buyer accepts root Ole felt - Warranty, MAO may te oartlx1 °say by wend: t slang wed by a duly Once Izerireizraie 01 Q/C,, fis SupplemEtile Distributor, or the Mar le Wheezed to Iraq ureooesJ tine items of the Wauardy ark of BASF Adman/ Produ&.. Jk af Dow Awarded= LLC. =AWN trademarks 01 Et DuPont de Measure and Comparry. Rai. 10/D2 Page 20 R,NET CONTENTS: 21/2 GALLONS tOaii*turg.tr, . Al:Mil:UGH, INC. : nr: rt•Eliwny, -Iowa 50021 • • • ' spE3:04kii4)1b.g. LtAK, .:F.11±i, OR EXPOSURE • • C_ALI; OHEIATREC gril4a-93b0 405SAL22 Ag tarn' a tar • • AVOID CONTACT OF',4.6131CIDE WITH •FOIJAGIE; OP.EEN. STEMS, EXPOSED...00NFINOODY ROOTS OR FRUIT OF CROPS, DESIRABLE.PLANIS AND TREES BECA:liSE SEVERE •INJ.Q.RY pg.Taoca mAY RE$JLT,,.: • • - • • TWi ACTIVE1N6W0.4.11... . _ • Glypho5atr , Viollo5honomethyl)glycine, in to-1ttilsopropyarnine salt 53.8% bfFit-!Pa'afikird.fr8. - . 462% " • ' TOTAL '49g.q% *.C6rItalne Sc16.6rarris per litre or5.4 pounds per1.1. gallon of theAcitiWir)ge&liantVlyphosaterth the lOrm of Its Ispropy- fi1h 48o ottithglyi- litre or '4.11?L'irer U.S. .ghllon :the:add, gfyphoiaia... •-Rgb. NO.'475056 E.F.A 'Est. 10O.-.4750:W10-1, KEEP iitit OFAtAbf-i ts0' Gi-Eti_ BEN. CAU.tiON See bailie booklet for ad &Sone! PREnAUTIMIARY STATEMBITS. Model 800 Page l of 2 TEXAS AQUATIC HARVESTING INC, or A ff2OVE A eQk, AL Home Page Model 800 Tiger Cutter Other Equipment Contracting Sales & Manufacturing Fisheries Management Used Equipment for Sale Contact Model 800 ?Ok6i ' E+i9tG:;; r: _: _; Transport Height 7 ft 42. t im-Conimyo7 t lr}j��tg7gEF' ;. i...... m= r 2 =-1 c=e IEt JBight +15-1ons / 15,6 nit !4}t�TtQloaded)- 3fid'ofdr9m !$Ei, ��:2s-�._—•� drihmVoorel3Aldhdor 9. w-.2$t)tip 1tJlddi ~ Taft 13.0m • C ��14 Ti T•. Loadea.re 1 3OC rprn 5 kts Ofipae'Jly4v ght) 12tons•/ l8i:9-rnt Content copyright 2010.2011. Texas Aquatic Harvesting. All rights reserved. TEXAS AQUATIC HARVESTING, Inc. c APPrzeveb EQ0fIL, MODEL 800 OVERALL CHARA.CTERISTICS/TRASH REMOVAL OVERALL LENGTH 70 FEET TRANSPORT HEIGTH 9 FEET OPERATING BEI. GTH 17 FEET WEIGHT 15 TONS DRAFT (EMPTY) 17 INCHES DRAFT (LOADF1)) 34 INCHES CONVEYOR CONVEYOR LENGTH 20 FEET CONVEYOR WIDTH 10 FEET CUTTING DEPTH 5.5 FEET STORAGE BAY LENGTH 30 FEET WIDTH 15 FEET 11EIGTH TO RAIL 2.75 FRET CAPACITY (VOLUME) 30 YARDS CAPACITY WEIGHT 14TONS SPEED UNLOADED 4 KNOTS LOADED 5 KNOTS WEL/POWER DTRSEL FUEL JOHN DEERE 6 CYL 2-3 GPH 140 HP PERFORMANCE OF MODEL 800 I xding Time = 9 minutes Unloading Time = 6 minutes Total = 15 minutes (w/o transport time) Time to pick up and unload 1 acre: 300 minutes 0.05 Acre = 15 minutes Hectare = 13.8 Tars. Tons / Hour = 35.8 tons All calculations are approximate and may vary. HOT -DIPPED GALVANIZED CHAIN & EYES _ `7 7\ 3/8"x2 1/2" SHOULDER EYE BOLTS SET IN CONCRETE 3/4` DEEP x 2 1/4" HIGH — REVEAL EPDXY COAT 4- +4 VERTICAL THIS REINFORCEMENT 3- #4 HOOPS pyF,a TYPICAL. DES .o. Ha w oEz [cK . L.O. HEu4RS 12" 12" DIAMETER 0 4-#5 BOLLARD DETAIL NO SCALE BOLLARD NOTES: BOLLARDS TO BE PLACED AT 10'-0° C.C. CHAIN; 3/8" ANCHOR CHAIN, 10 LENGTHS PER FORT. CHAIN TO HANG BETWEEN BOLLARDS AT A DISTANCE OF 2'-0" .ABOVE BULKHEAD. FINSIH: ACI 301, SMOOTH FORM FINISH (10.2.2) PAINT; ONE COAT THORDSEAL �8532 • (ND SPRAY APPLICATION ALLOWED) 3,000 ps1 CONCRETE Lawrence Waa'e N,V1(. 17 Place Al.W.1B Aver►oe Nosh N.W. 1 STrcet 00400. PROPOSAL BID FORM: (Page 1of 17) City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 Firm's NameTreaS A9Ja& 4Ue st1(n , Tr' t' Address: ((4n 3 P c k Line UJ (a6 I,):le - . FL Submitted on: 2. b--(a / i I Date The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a State of Florida municipal corporation, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: Bid No: 10-11-014 Title: CITYWIDE CANAL CLEANING CONTRACT, M-0058 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of insurance The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. In case of an error in the extension of prices, the numerical unit price will govern. Bid No. 10-11-014 Page 17 00400. PROPOSAL BID FORM: (Page 2 of 17) Note: Bidders are bidding on a total bid cost basis for the purpose of determining the lowest responsive and responsible bidder. However, Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual work performed. Bidders must submit bid prices for all items. Failure to bid on all items will result in the bid being rejected as non -responsive. The City will award a Contract to the lowest responsive responsible Bidder based on any of the Combined Bid Price stated below. Refer to Section 01000 — Supplemental Conditions. Our items and lump sum bid prices include the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required, in accordance with the Bid Specifications. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BASE BID: The sum of all items 1 through 56 based on a one (1) year completion time: $9 7 / Do Written Amount of Base Bid TOTAL BID: Twice the BASE BID based on a two (2) years completion time: $ /, 6 .R 5, 9 7. oo Written Amount of Total Bid * * * * * *•* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Note to Bidders: The City reserves the right to reject any and all bids. Contractor must visit each Iodation and become familiar with the canal and waterway conditions prior to the submittal of the bid proposal. The term of this contract is for two (2) years with the option to renew for three additional one year period. The City, at its discretion, reserves the right not to renew for the three optional one year periods. The Base Bid price is for a one year, three hundred sixty five (365) calendar days completion time. The Total Bid price is twice the Base Bid price. The second year term of the contract will be based on the Base Bid prices and no additional compensation will be allowed. The price of the option to renew terms is based on the Base Bid prices and no additional compensation will be allowed. Bid No. 10-11-014 Page 18 00400. PROPOSAL BID FORM: (Page 3 of 17) DIRECTIONS: COMPLETE PART 1 OR PART II, WHICHEVER APPLIES, AND PART I11. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Part 1I: y No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Affirmative Action Plan Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy: and 2. First Source Hiring Bidder certifies that (s)he has read and understood the provisions of City of Miami Ordinance No. 10032, pertaining to the implementation of a "First Source Hiring Agreement". Evaluation of bidder's responsiveness to Ordinance No. 10032 may be a consideration in the award of a contract. Violations of this Ordinance may be considered cause for annulment of a contract between the successful bidder and the City of Miami; and 3. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and 4. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a_drug-free workplaceprogramby: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; Bid No. 10-11-014 Page 19 00400. PROPOSAL BID FORM: (Page 4 of 17) (2) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6); and 5. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, .by or on behalf of the -----------undersigned,, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Bid No. 10-11-014 Page 20 00400. PROPOSAL BID FORM: (Page 5 of 17) (2)If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact. upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 6. Debarment. Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with .obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civily charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami. Bid No. 10-11-014 Page 21 00400. PROPOSAL BID FORM: (Page 6 of 17) Attached is a Bid Bond [,1, Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of S90 Dollars($Bj,2g7,!D ). The Bidder shall acknowledge this bid and certifies to the above stated in Part III and IV by signing and completing the spaces provided below..� Firm's Name: ��xaS /1-0I t'l-{j�QNeS-ITh I Si nature: Q �' 9 Printed Name/Title: mar- e p. \ ' O Fern / PtGSIC1��� i' I City/State/Zip: (1.6deS FL 33 g 1Ch0 o Telephone No.: o2 -1 L -'1 O0 Facsimile No.:$it,�" ( 1..v AriE-Mail Address:-teKccS001 4 Cf 0.01. rn Social Security No. or Federal Dun and I.D.No.: 20 - Dn 99 sn Bradstreet No.: ! 319 1809 If a partnership, names and addresses of partners: (if applicable) Bid No. 10-11-014 Page 22 00400. PROPOSAL BID FORM: (Page 7 of 17) CERTIFICATE OF AUTHORITY (IF CORPORATION) � I HEREBY CERTIFY that at a meeting of the Board of Directors of 1{zLt S A j �u a-i c_ �1-targe 5� { n� , 1. nc. a corporation organized and existing under the laws of the State r of �tct a held on the _day of /llvyernber, pOo3 , a resolution was duly passed and adopted authorizing (Name) P. \).0 as (Title) p(es ider4- of the corporation to execute bids on behalf of the corporation ad providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHE EOF, I have hereunto set my hand this OUP , day of %brwr.y , 20) 1 . Secretary: Print: y 'r, i . Au- CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint venturers must submit a joint venture agreement indicating that the person signing this bid is authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: Bid No. 10-11-014 Page 23 STATE OF F| COUNTY OF P I ) ) NOTARIZATION )SS: The foregoing instrument was acknowledged befone`me this 23 day of . 20 �| ^ by JM Vq 11,5 8v1. who ia knowz to me or who has produced ~ aoidentification and who (did / did not) take anoath. e I" �)/ ', .0 SIGNATURE OFNOTAMYPUBA|C STATE OF FLORIDA C. DANK LUNI11FC)" PRINTED, NAME OFN '` Line No. 00400. PROPOSAL BID FORM: (Page 9 of 17) Units Item Quantity Item Cost Frequency per year Total Cost = Units *Item Cost *frequency CITYWIDE CANAL CLEANING CONTRACT, M-0058 Pay Item Description -- Page.1 of 8 1 Fumishing all labor, material and equipment for the complete removal and disposal of five (5) overgrown trees, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals, the unit price of 5 Each $ /©t r� 1 $ -_r-©©© r 2 Furnishing all labor, material and equipment for the complete removal and disposal of five (5) overgrown trees, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals, the unit price of 5 Each $ /1 4 1 $ �/ S�. 3 Furnishing all labor, material and equipment for the complete removal and disposal of five (5) overgrown trees, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal • right of way or the waterway of any of the canals, the unit price of 5 Each $ 1�� Q 1 // $ C>oJ` �-Q• 4 Fumishing all labor, material and equipment for the complete removal and disposal of five (5) overgrown trees, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals, the unit price of 5 Each $df itiV• 1 $ /Q 9510. 5 Wagner Creek North - Canal: Furnishing all labor, material (including. trash bags)iand equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters on a monthly basis, the unit price of 1 Monthly $ �q41. p� 12 $aa 7 c�? - 6 Wagner Creek North - Canal: Furnishing all labor, material (including trash bags)+and equipment necessary for mowing and trimming all overgrown vegetation in the banks andi upland areas within the canal right of way and 1 Monthly $4 88. 12 $ 3Q1)a5'6. 7 Wagner Creek North - Canal: 1 Furnishing all labor, material and equipment necessary for spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method, on a quarterly basis, the unit price of 1 Quarterly $$ 313 4 $ 99 5 . Bid No. 10-11-014 Pagc 25 Line No. 00400. PROPOSAL BID FORM: (Page 10 of 17) Units Item Quantity Item Cost Frequency per year Total Cost = Units *Item Cost *frequency CITYWIDE CANAL CLEANING CONTRACT, M-0058 Pay Item Description -- Page 2 of 8 8 Wagner Creek North - Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of l 1 Semi - annually$ ` ''� y37..9 . $ S, / -�0• 9 Wagner Creek North - Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of i 1 Semi - annually $ 0 3• $ ' b 6'. 10 Wagner Creek South — Canal: Furnishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Month) y39�• $ L/ 12 $ �, %2� ono 11 Wagner Creek South - Canal: Furnishing all labor, material (including trash bags) and equipment necessary for mowing and trimming all overgrown vegetation in the banks and 'upland areas within the canal right of way and surface waters on a monthly basis, the unit price of; 1 Monthly $a(d c��, 12 $ �a� a.5�. 12 Wagner Creek South - Canal: Furnishing all labor, material and equipment necessary for spraying the banks or upland areas within the canal right of way, using approved weed control) chemical treatment method, on a quarterly basis, the unit price of 1 Quarterly $013 / . 4 $ 9o?501, 13 Wagner Creek South - Canal: . Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi - annually $ 7//37 ' 2 $ 97` 0 Page 26 Bid No. 10-11-014 Line No. 00400. PROPOSAL BID FORM: (Page 11 of17) Units Item Quantity Item Cost Frequency per year Total Cost = Units *Item Cost *frequency CITYWIDE CANAL CLEANING CONTRACT, M-0058 i Pay Item Description -- Page 3 of 8 14 Wagner Creek South - Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping carts, tires, appliances, boats', furniture, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi - annually $% // o "T, 0 %3 • 2 $ �` a b 15 Seybold Canal: Fumishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within thecanal right of way and surface waters on a monthly basis, the unit price of 1 Monthly12 $ o $ 7'2 (228,� 16 Seybold Canal: Furnishing all labor, material (including trash bags) and equipment necessary for mowing and trimming all overgrown vegetation in the banks and 'upland areas within the canal right of way and surface waters on a quarterly basis, the unit price of, 1 Quarterly WELL 4 $ 9376, 17 Seybold Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi- annually 2 $ 1/j3 75� 2 ��7 $ Vl / 50. 18 Comfort Canal: Furnishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of i 1 Monthly $ �`� 12 pp ��77)d pp $�br / 19 Comfort Canal: Furnishing all labor, material (including trash bags) and equipment necessary for mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly $c N. 3 12 $ag (.2. I 20 Comfort Canal: Furnishing all labor, material and equipment necessary for spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method, on a quarterly basis, the unit price of 1 Quarterly $ 3i3 4 • n $ 9a5„?• Bid No. 10-11-014 Page 27 Line No. 00400. PROPOSAL BID FORM: (Page 12 of17) Units Item Quantity Item Cost Frequency per year Total Cost = Units "Item Cost *frequency CITYWIDE CANAL CLEANING CONTRACT' M-0058 i Pay Item Description -- Page 4 of 8 21 Comfort Canal: Fumishing all labor, material and equipment necessary for spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal, six times a year, the unit price of 1 Six times a year $ 31� r 6 / ! 0 /� �� 22 Comfort Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi - annual) y $`7`3 %J. $ "t/ 5-0' 23 Comfort Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi - annually $ 6/ 3• 2 $ 9 6a,• 24 Ademar Canal: Furnishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters on a monthly basis, please note that the pickup will be twice a month for the months of July through October, the unit price of 1 Monthly plus twice per month on July through October $ �� La 16 $3 6y 30(1, 25 Ademar Canal: i Furnishing all labor, material (including trash bags) and equipment necessary for mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters on a quarterly basis, the unit price of 1 Quarterly $_? Y c'} 7 • 4 $ 3 7 (v 26 Ademar Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of Semi- annually $�/ f `7,�37� 2 $ P7so • 27 Ademar Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) in order to maintain a minimum of 1 Semi- annually $ )f<'l3 2 $ 96 ah 28 Davis Canal: i Furnishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal, right of way and surface waters on a monthly basis, please note that the pickup will be twice a month for the months of July through October, the unit price of 1 Monthly plus twice per month on July through October $c2a c"1 . 16 $3�,�3o� Bid No. 10-11-014 Pagc 28 Line No. 00400. PROPOSAL BID FORM: (Page 13 of 17) Units Item Quantity Item Cost Frequency per year Total Cost = Units *Item Cost *frequency CITYWIDE CANAL CLEANING CONTRACT, M-0058 1 Pay Item Description -- Page 5 of 8 29 Davis Canal: ! Fumishing all labor, material (including trash bags)' and equipment necessary for mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters on a quarterly basis, the unit price of 1 Quarterly $ e _vp pS lJ 4 $ 97sa ' 30 Davis Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any in order to maintain a minimum of twofeet vegetation obstruction ( Io s, branches, seaweeds, etc.)(2) of free water flow, on asemiannual basis, the unit price of 1 Semi - annually $ // ptOc�� 2 $ �a ©. 31 Davis Canal: Furnishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi - annually $ 3'7" 3� 2 $ t0� 32 NE 28 Street Cove: Fumishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly $aA 6(� 12 $�,J av 33 NE 28 Street Cove: Furnishing all labor, material (including trash bags) and equipment necessary for mowing and trimming all overgrown vegetation in the banks and 'upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly $ %Jr�3 , 12 $ a% > 34 NE 28 Street Cove: 1 Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) in order to maintain a minimum of two (2) feet of average tide elevation, on a semiannual basis, theunit price of 1 Semi- annually $ 6 a 5j', 2 $ 5?5o. 35 NE 28 Street Cove: i Furnishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping carts, tires, appliances, fumiture, etc.) in order to maintain a minimum of two (2) feet of average tide elevation, on a semiannual basis, the unit price of 1 Semi-2 annually $3 38. $ `L'� 8 76 36 NE 20-21 Street Cove: Furnishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly $ ' /� . 1 �- 12 $ ��) d"'� Bid No. 10-11-014 1'age 29 Line No. 00400. PROPOSAL BID FORM: (Page 14 of 17) Units Item Quantity Item Cost Frequency per year Total Cost = Units *Item Cost *frequency • CITYWIDE CANAL CLEANING CONTRACT, M-0050 Pay Item Description -- Page 6 of 8 37 NE 20-21 Street Cove: Furnishing all labor, material (including trash bags)';and equipment necessary for mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly a $ (,) O 3 12 $ ,X;) o?s6. 38 NE 20-21 Street Cove: Fumishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.),in order to maintain a minimum of two (2) feet of average tide elevation, on a semiannual basis, the unit price of 1 Semi - annually $ ! 5 $ S��j (� 39 NE 20-21 Street Cove: Furnishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping appliances,etc.)Semi- ( Aping carts, tires, boats, furniture, in order to maintain a minimum of two (2) feet of average tide elevation, on a semiannual basis, the unit price of 1 Semi - annually $3t� 2 $ 4$ 7� , 40 Bayfront of Rickenbacker Causeway: Furnishing all labor, material (including trash bags)'and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly $(o (� 12 $�-7 a�r� 41 Bayfront of Rickenbacker Causeway: Furnishing all labor, material (including trash bags)' and equipment necessary for mowing and trimming all overgrown vegetation in the banks and'iuptand areas within the canal right of way and surface waters on a quarterly basis, the unit price of 1 Quarterly $ )51,3 3• 4 $ t0 �5 a, 42 Bayfront of Rickenbacker Causeway: Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit Price of 1 Semi- annually 90 a J'. 2 $ ,� a 5o. 43 Lawrence Waterway: Furnishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash debris in the banks, swales and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly $a y , 12 $ $j 7� 8',and 44 Lawrence Waterway: Furnishing all labor, material (including trash bags) and equipment necessary for mowing and trimming all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters on a monthly basis, the unit price of 1 Monthly $ ) R� 12 ��.,,// $ a(p ���D i Bid No. 10-11-014 Page 30 Line No. 00400. PROPOSAL BID FORM: (Page 15 of_17) Units- Item Quantity Item Cost Frequency per year Total Cost = Units *Item Cost *frequency , CITYWIDE CANAL CLEANING CONTRACT, M-0058 Pay Item Description -- Page 7 of 8 45 Lawrence Waterway: Furnishing all labor, material and equipment necessary for spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method, two times a year, the unit price of 1 Semi annually $A� / 3, 2 11% ,� $ � 46 - Lawrence Waterway: Furnishing all labor, material and equipment necessary for the removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi- annually / 3 cp $ 3,1133 7 O 2 ' $ (05)26. 47 Lawrence Waterway: Fumishing all labor, material and equipment necessary for the removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi - annually $ 3433. //7",��. $ l0 76. , 48 Lawrence Waterway: Furnishing all labor, material and equipment necessary to pressure clean a total of 144 existing concrete bollards and the seawall area, twice a year, the unit price of 1 Semi- annually $ oco, 2 $ j (p,ODp, 49 Lawrence Waterway: i Furnishing all labor, material and equipment necessary to pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls fora one coat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -deep galvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is broken or damaged, apply ACI 301, to a smooth form finish before painting, the unit price of 1 Yearly $/a 3/3. 1 $ / , 3/3 50 Waterfront of Antonio Maceo Park: Furnishing all labor, material (including trash bags) and equipment necessary for collecting litter, trash and debris in the banks and upland areas within the'canal right of way, and surface waters on a monthly basis, the unit price of 1 Monthly $aa b 912 , $0�7ola� 1 51 Waterfront of Antonio Maceo Park: Furnishing all labor, material (including trash bags) and equipment necessary for mowing and . trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters on a quarterly basis, the unit price of`:. 1 Quarterly n $�i� �U . 4 $ , j / . Bid No. 10-11-014 Page 31 Line No. 00400. PROPOSAL BID FORM: (Page 16 of 17) Units Item Quantity Item Cost Frequency per year Total Cost = Units *Item Cost *frequency CITYWIDE CANAL CLEANING CONTRACT, M-0058 I Pay Item Description -- Page 8 of 8 52 Waterfront of Antonio Maceo Park: ; Fumishing all labor, material and equipment necessary for spraying the waterways for vegetation1 growth below the water surface of the canal with Senor Herbicide, or approved equal, on a quarterly basis, the unit price of I; Quarterly $ 3 /� J, 4 $ / o?�� 53 Waterfront of Antonio Maceo Park: I Fumishing all labor, material and equipment necesary for the removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) in order to maintain a minimum of two (2) feet of free water flow, on a semiannual basis, the unit price of 1 Semi- annually $ !! ( p30c 2 $ 5' 5'0 54 Waterfront of Antonio Maceo Park: Furnishing all labor, material and equipment necessary for spraying the banks or upland areas within1 the canal right of way, using approved weed control chemical treatment method, two times a year, the unit price of Semi- annually $ c? 3 / 3. 2 $ / 6 �� 7- 55 Weed Harvester Kelpin 800 Model, or approved equal: Furnishing all labor, material and equipment necesary for the renting of the harvester to remove sea- weed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer, twice a year, the unit price of 1 Semi- annually $ —) fr 2 $/ , J 7`/ c 56 SPECIAL PROVISION = Contingency Allowance: = "� { f'�� a� tF ' ,, v 1-,r °;- $10,000 Bid No. 10-11-014 Pegc 32 00400. PROPOSAL BID FORM: (Page 17 of 17) SUB -CONTRACTORS Contractor shall identify below all Sub -Contractors. Categories shall be added as necessary. If no Subcontractors are to be used, insert the word "Self" in the spaces under "Name of Subcontractor". The work performed by all subcontractors listed below cannot be more than 10% of the total work for this contract. NAME OF TYPE OF WORK SUB -CONTRACTORS 1. Ntri e___- NcN E, 2. 3. 4. 5. 6. 7. SUBCONTRACTOR'S COUNTY -MUNICIPAL OCCUPATIONAL LICENSE NUMBER Bid No. 10-11-014 Page 33 FACT S H E ET DEPARTMENT OF PUBLIC WORKS SHEET 1 OF 1 DATE: 3 / 29 / 2011 JOB NUMBER: M-0058 PROJECT NAME: CITYWIDE CANAL CLEANING CONTRACT, M-0058 CIP NUMBER: N/A LOCATION: All canals and waterways maintain c by City of Miami OTHER TYPE: PW PROJECT MANAGER / EXT. No.: ASSOCIATED DEPARTMENT: E. Estevez ce.A. (J✓ 1295 Public Works %7,rj f ZG(( FEDERAL (C.D.B.G.): f I S.N.P.B. 1 ASSESSABLE: COMMISSIONER DISTRIC ALL EMERGENCY: INO I BID REQUEST: FORMAL .J INFORMAL[ RESOLUTION No.: DESCRIPTION: This project consists of the cleaning of the canals and waterways including mowing, litter pick up, spraying, removal of large objects and growing vegetation inside the waterways. The project includes the following canals: Wagner Creek, Lawrence Waterway, the waterfront of Antonio Macao Park, Comfort Canal, Ademar and Davi, Rickembacker Cswy and several coves along Biscayne Bay. (IF NECESSARY, CONTNUE ON THE BACK) SCOPE OF SERVICES: ADVERTISING OUTSIDE DESIGN SURVEY / PLAT P.W. DESIGN & BID DOCUMENTS CONSTRUCTION CONSTRUCTION ADMINISTRATION OTHER: TESTING PUBLIC WORKS OUTSIDE COST COST (% OF CONST. COST) $ 1,851.65 (Actual) 5 -- $ -- $ -- $ -- . $ -- $ -- (E) $ -- $ -- $ 812,971.00 (BID) $ -- (BID) $ -- % $ -- (E) $ -- (E) (a) - actual cost (E) - ESTIMATE ESTIMATED CONST. COST $ 650,000 TOTAL $ 814,822.65 % (TOTAL ENG. FEE) CONTRACTOR'S INFORMATION: Waterway Cleaning — NON; MINORITY CLASS: J— g:1i1 S TYPE OF WORK: Canal and MINORITY I B I H F YEARS OF ESTABLISHMENT: 6 1/2 Years LICENSE NAME: Texas Aquatic Harvesting TELEPHONE: (863) 696-7200 ADDRESS: 6403 Park Lane, Unit #3 CLASS: J = JOINT P = PRIME S = SUB CITY, STATE, ZIP: Lake Wales, Florida 33898 MINORITY: B =BLACK H =HISPANIC F =FEMALE CONTACT PERSON James P. Vaughan, President SUB -CONTRACTORS: NAMES: SELF COPIES: ASSISTANT DIRECTORS, COST ANALYSIS, FILE, ASSOCIATED DEPT, CIP MANAGER REV. 2/00 FORMAL BID "CITYWIDE CANAL CLEANING CONTRACT, M-0O58" Project Number: M-0058 CIP Number: PW General Funds 00001.208000.534000.0.0 Project Manager: Elyrosa Estevez, PE Date: 3 1 2011 Person who received the bids: Monica Rodriguez, Contract Administrator Received at: City Clerk's Office, Miami City Hall Construction Estimate = $ 650,000/ year Time: 11:00 a.m. BIDDER TEXAS AQUATIC HARVESTING ADDRESS 6403 Pnrk Lnne, Unit 63 Lnlae wales, FL 33898 BID BOND AMOUNT si mann„a IRREGULARITIES MINORITY OWNED (THIS PROJECT HAS NOT BEEN DESIGNATED AS A SET ASIDE) NO BASE BID: The sum of all items I through 56 based on a one i (I) year completion time: $812,971.00 TOTAL BID: Twice the BASE BID based on a two (2) years completion time: $1,625,942.00 • LEGEND IT HAS BEEN DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS THAT THE IRREGULARITIES LOWEST RESPONSIBLE AND RESPONSIVE BID IS FROM Texas Aquatic Harvesting, Inc. A -- No Power - of- Attorney 1 Capital & Surplus Bonding Company FOR THE TOTAL BID AMOUNT OF $L 625,942.00. B -- No Affidavit as to of C -- Corrected Extensions and Corrected Bid Amount D -- Proposal Unsigned or Improperly Signed or no Corporate E -- Sub-contractor(s) not identified F -- Non - responsive bid G -- Improper BidBond H -- No Certificate of Competency Number 1 -- No First Source Hiring Compliance Statement 3 -- No Minority Compliance Statement K -- No Duplicate Bid Proposal • _ _, , ___ ___ Seal PREPARED BY: Elyrosa Estevez, PE REVISED BY: 3� DATE: Mnrch 29. 2011 111 SHEET I OF 1 E� I !N � n tam