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HomeMy WebLinkAboutExhibit 1CONTRACT By and Between CITY OF MIAMI And ENVIROWASTE SERVICES GROUP, INC. This AGREEMENT (hereinafter "Agreement") , is made and entered into this _ day of 2011, but effective as of the date stated on the Notice to Proceed 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 Envirowaste Services Group, Inc., whose principal address is 4 SE 1st Street, 2nd Floor, Miami, FL 33131, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. • , adopted by the Miami City Commission on ., 2011, the City Commission accepted the competitive bid of Envirowaste Services Group, Inc. to provide inlet cleaning to the City of Miami (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of one .(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 SOUTH of Flagler Street to city limits, for the Contract Term set forth in Article 7 below and for the project entitled: INLET CLEANING CONTRACT — SOUTH ZONE, M-0044. 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 Fifty Three Thousand Five Hundred Thirty Dollars ($53,530), for a two year contract total of One Hundred Seven Thousand Sixty Dollars ($107,060). 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 Fifty Three Thousand Five Hundred Thirty Dollars ($53,530) during Fiscal Year 2013. The second option to renew in the annual amount of Fifty Three Thousand Five Hundred Thirty Dollars ($53,530) during Fiscal Year 2014. The third and final option to renew in the annual amount of Fifty Three Thousand Five Hundred Thirty Dollars ($53,530)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. TI.ME 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 Contract 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 SPECIFICATIONS ADDENDA PLANS: N/A As prepared by Entitled: M. Rodriquez M-0044 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 as of the date stated on the Notice to Proceed 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 (Zerry) 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: Envirowaste Services Group, Inc. 4 SE 1st Street, 2nd Floor Miami, FL 33131 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 prior negotiations, 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, attach Seal and Attest by Secretary) BY: Print Name: Corporate Secretary (SEAL) ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO ENGINEERING: Nzeribe (Zerry) Ihekwaba, Ph.D., P.E. Director, Public Works APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru City Attorney CONTRACTOR: Envirowaste Services Group, Inc. Party of the second part BY: Print Name Print Title: (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part BY: Johnny Martinez City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Calvin Ellis, ... Director Risk Management "BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUN 1'ERPART 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. 00400. PROPOSAL BID FORM: (Page 1of 10) City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 Firm's Name: Foira(t%+s 5e-/*a, ce, 6b1 Address: S/ sf sr Z"'//— c/. 3 3/ '/ Submitted on: 61z>// 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: 10-11-026 Title: INLET CLEANING CONTRACT — SOUTH ZONE, M-0044 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. 10-11-26 Page 17 00400. PROPOSAL BID FORM: (Page 2 of 10) 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 10 based on a one (1) year completion time: Written Amount of Base Bid TOTAL BID: Twice the BASE BID based on a two (2) years completion time: $ /07, DCo, Written Amount of Total Bid * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Note to Bidders: The City reserves the right to reject any and all bids. The City may opt to renew (OTR) the Contract for three (3) additional one (1) year term subject to the availability of funding and the contractor's performance. 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. 10-11-26 Page 18 00400. PROPOSAL BID FORM: (Page 3 of 10) DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PART III. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated 66,21 !! Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Part II: 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 workplace program by: (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. 10-11-26 Page 19 00400. PROPOSAL BID FORM: (Page 4 of 10) (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. 10-11-26 Page 20 00400. PROPOSAL BID FORM: (Page 5 of 10) (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 $100,000 (per QMB). 6. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civily charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami. Bid No. 10-11-26 . Page 21 00400. PROPOSAL BID FORM: (Page 6 of 10) Attached is a Bid Bond �, Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of S / o1' Dollars ($ ). 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: Er,v;r,(.JASfc- SicC- 6.^0c-cA Signature: Printed Name/Title: EA.k Jo JA,42.4.. City/State/Zip: /fi{i,a �i ,, �/. -3 3 7 3 / Telephone No.: '3oT 637- '6— Facsimile No.: 3US - 637 ' E-Mail Address: e4. b,ar6ACrJ pnusy. ca, Social Security No. or Federal I.D.No.: c Zf(ogO Dun and Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: Bid No. 10-11-26 Page 22 00400. PROPOSAL BID FORM: (Page 7 of 10) .. CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of Fix,irawC'owr,O, zn� , a corporation organized and existing under the laws of the State of P/G., I4 held on the / day of JAB , Zaps, a resolution was duly passed and adopted authorizing (Name) Eduard as (Title) 171). C .O. o of the corporation to execute bids on behalf of the corporation and 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 WHEREOF, I have hereunto set my hand this Z7 , day of 74-. , 20 / / . Secretary: _ Print: Rip CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I 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. IN WITNESS WHEREOF, 1 have hereunto set my hand this , day of , 20 Partner: Print: 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. 10-11-26 Page 23 00400. PROPOSAL BID FORM: (Page 8 of 10) STATE OF V1C'Y Lea NOTARIZATION ) SS: COUNTY OF -hfl ) 1 The foregoing instrument was acknowledged before me this 2 f day of J vY\0 , 20 (l , by Pal ph A .-r UU i StG1GATURE OF NOTARY PUBLIC STATE pre L6R N A, Velunza coMy!ssioN#DD920842 gob ExPI R Es: AUG, 30, 2013 - ,s \S,'A"/.AA°ONNOTARYmT PRINTED';‘STAMPED OR TYPED NAME OF NOTARY PUBLIC , who is personally . known to me or who has produced as identification and who (did / did not) take an oath. Bid No. 10-11-26 Page 24 Line No. 00400. PROPOSAL BID FORM: (Page 9 of 10) INLET CLEANING CONTRACT — SOUTH ZONE M-0044 Pay Item Description -- Page 1 of 1 1 Inlet and Manhole Cleaning (less than 6 ft cut): Furnishing all labor, materials and equipment for the removal of sediment debris, floatables, and any material inside the storm sewer structures including all inlets and manholes, less .than 6 feet cut, approximately 1,500 structures. Price shall include the contractor's water usage, the environmental testing fee of the material, work -reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility. 2 Inlet and Manhole Cleaning (more than 6 ft cut): Furnishing all labor, materials and equipment for the removal of sediment debris, floatables, and any material inside the storm sewer structures including all inlets and manholes, 6 to 8 feet cut, approximately 1,500 structures. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility. 3 Pipe Cleaning (2" to 11" diameter): Furnishing all labor, materials and equipment for the removal of sediment debris, floatables, and any material inside the storm sewer pipes, 2" to 11" interior diameter, approximately 500 linear feet. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility. 4 5 Pipe Cleaning (12" to 21" diameter): Furnishing all labor, materials and equipment for the removal of sediment debris, floatables, and any material inside the storm sewer pipes, 12" to 24" interior diameter, approximately . 2,0000 linear feet. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility. Pipe Cleaning (24" to 36" diameter): Furnishing all labor, materials and equipment for the removal of sediment debris, floatables, and any material inside the storm sewer pipes, 24" to 36" interior diameter, approximately 12,0000 linear feet. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility. 6 Pipe Cleaning (more than 36" diameter): Furnishing all labor, materials and equipment for the removal of sediment debris, floatables, and any material inside the storm sewer pipes, more than 36" interior diameter, approximately 500 linear feet. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility.. 7 Video Camera: Furnishing all labor, materials and equipment for televising the storm sewer pipe system, any size interior diameter, approximately 500 linear feet of pipe, any material, if necessary. 8 Cleaning Deep Drainage Wells: Furnishing all labor, materials and equipment necessary for the cleaning of fifty (50) deep drainage wells at a minimum depth of 100 feet by compressed air jetting method or approved equal, at different locations citywide. 9 GIS Data Collection: Furnishing all labor, materials and equipment necessary to compile the data for the each of the inlet, pipes and storm sewer structure cleaned and inspectedby the contractor. The GIS data must be readable and compatible with the City of Miami GIS database. 10 SPECIAL PROVISION = Contingency Allowance Units 1,500 1,500 500 2,000 12,000 500 500 50 1 Bid No. 10-11-26 Page 25 Item Quantity Item Cost Frequency q y per year Total Cost = Units *Item Cost *frequency Each $ (01 1 $ s Each $ , O! 1 //II $ / OG Linear Foot $ / °O 1 - $ SdU• "` Linear Foot cr' $ 7 1 a, $�yc7. , Linear Foot I So $ / • 1 1 / $ /. Linear Foot it $ 1 $ ? Linear Foot c/ 22 $ / 1 $�� � °= Each $/00. �� 1 $� Lump Sum $ ryy) i, Ca ' 1 $' esoo ee $10,000 00400. PROPOSAL BID FORM: (Page 10 of 10) 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. SUBCONTRACTOR'S COUNTY -MUNICIPAL NAME OF OCCUPATIONAL TYPE OF WORK SUB -CONTRACTORS LICENSE NUMBER 1. /VovE /co se All', 2. 3. 4. 5. 6. 7. Bid No. 10-11-026 Page 26 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 hundred twenty (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. 10-11-026 Page 55 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 also attend 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. 4 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 for one 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 time, 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. 10-11-026 Page 56 r 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 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 A Class ... VI 50,000,001 or more A Class .. Vil 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. 10-11-026 Page 57 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 attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this 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. 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. 10-11-026 Page 58 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 restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. 7.1.3.2. 7.1.3.3. 7.1.3.4 Owned Vehicles. Hired and Non -Owned Vehicles. Employers' Non -Ownership. Employees included as insured 7.1.3.5 City of Miami as Additional Insured [X ] 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: Commercial General Liability 4,Business Automobile Liability Bid No. 10-11-026 Page 59 [] 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 [ ] 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 [ ] 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. 10-11-026 Page 60 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 prices 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, validfor the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. Bid No. 10-11-026 Page 61 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. 10-11-026 Page 62 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. The 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. 10-11-026 Page 63 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 insolventor 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 (5) 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. 10-11-026 Page 64 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 surrounding areas 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 beyond the 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. i Bid No. 10-11-026 Page 65 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. Contractor's 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.AI1 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, shrubs, 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. 10-11-026 Page 66 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, shallbe 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 factory defects and workmanship. At no expense to the City, the Contractor shall correct any and 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. 10-11-026 Page 67 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 tobe corrected, or make 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. 10-11-026 Page 68 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, Instructions: 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. All 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. 10-11-026 Page 69 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 not limited 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 Product Data 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. 10-11-026 Page 70 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 (or the lesser 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 factor which 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. 10-11-026 Page 71 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 fails 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 Miami. 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 guaranteeis 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. 10-11-026 Page 72 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, and/or (b) procure the products or services from another contractor and charge the 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. 10-11-026 Page 73 01000 SUPPLEMENTAL CONDITIONS 01001 SCOPE OF WORK The purpose of this Contract is to provide the City of Miami with a Contractor to clean out the City's storm sewer infrastructure, which consists of storm sewer catch basins, manholes, drainage wells, box structures, auger hole structures, cover ditches, French drains, open joint pipe systems and cross pipes within the City. The work to be performed consist of furnishing labor and cleaning equipment for cleaning, flushing and vacuuming storm facilities and restoring them to original capacity as directed by the Engineer. In addition, there will be television inspection, if necessary, to assess the storm sewer infrastructure conditions. The cleaning of 50 deep drainage wells (min. 100 ft. deep) shall be accomplished by using the compressed air jetting method or approved equal. All cleaning and inspection of the existing storm sewer system must be documented using GIS and with a GIS compatible software to be provided to the city before final invoice. Please contact Regina Hagger, GIS Coordinator at (305) 416-1749 for additional information. The project consists of the removing, hauling and disposing of the debris and materials deposited in the catch basins, inlets, manholes and adjacent pipes and all drainage system citywide including permit costs. Proper disposal, testing and hauling -of removed material will be the responsibility of the selected contractor. No additional payments by the City will be allowed for disposal fees. The debris will be disposed at the nearest Miami -Dade landfill facility after all required environmental testing of the material are performed. The selected contractor shall be responsible for his own water to perform the cleaning as necessary. 01002 LOCATION The project is located citywide, south of Flagler Street. The cleaning of the storm sewer system shall occur at all City of Miami roadways. Contractor is not to clean the storm sewer infrastructure located on a State or County roadways. 01003 TRAFFIC CONTROL Traffic will be controlled by the Traffic Section of the City of Miami Department of Police, and 'Department of Public Works during construction. Traffic shall be maintained at all times where directed by the City Engineer. A traffic permit from the Department of Police will be required. Sufficient lights, barricades and traffic signs shall be provided, placed and maintained by the contractor at all times in order to properly safeguard traffic and the public. Traffic shall be maintained at all times, where directed by the City Engineer. In the event that any street must be closed to traffic or detoured, it shall be closed or detoured only after approval of the Department of Police and the Department of Public Works of the City of Miami, and after notifying the City of Miami Fire Department. The following additional requirements will also be enforced: All traffic control devices used on local street construction shall conform to the standards and specifications of Metro Traffic Division. Steel plates or bridging . capable of supporting H-20 loading and temporary asphalt pavement shall be used where necessary to comply with these requirements. Bid No. 10-11-026 Page 74 All cost for traffic control, shall be included in other parts of the work. j 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 construct 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 and including permit costs, water, environmental testing, Miami -Dade County dumping fee and police department permit. BASE BID is the sum of Proposal Items 1 through 10 for a one year period. TOTAL BID is twice the Base Bid price for a two year period. 01005 DESCRIPTION OF BID ITEMS Bid Items 1 through 6 are unit price bid items for the cleaning (desilting) of structures and storm sewer pipes including permit . Item 7 is for a linear foot cost for televising the interior of the pipes and structures, if necessary. Item 8 is for cleaning the deep drainage wells by using compressed air -jetting method, or approved equal. The cleaning of the 50 deep drainage wells shall be using an air compressor and cleaning a minimum of 100 feet of drainage well, at any pipe size. Item 9 is for a complete supply of the GIS data collected for each storm sewer system cleaned and inspected by contractor and must be compatible with the Department's GIS database. Item 10 is for Special Provisions. Please refer to Section 00800, 01006 EQUIPMENT (A) HYDRAULIC CLEANING AND WET VACUUM Hydraulic cleaning and wet vacuum, single unit vehicles or one self-contained vehicle having a Multi -Flow system capable of providing 45 to 80 GPM at a minimum of V2,000 p.s.i. jet pressure with 500 ft. hose (1"), having adequate vacuum power to clean inlets , a 5 cubic yard (minimum) dump bin and a 1,000 gallon (minimum) water tank, will be required unless otherwise approved or directed by the City Engineer. All equipment shall be kept in good operating condition and shall be maintained to properly perform the work. (B) OPERATIONS Hydraulic cleaning and vacuum removal shall be performed under one of the following types: a) Inlet Cleaning and storm sewer cleaning (desilting) Bid No. 10-11-026 Page 75 This stands for cleaning of the entire inlet whether it be a curb inlet, catch basin, manhole, auger hole, box structure, etc. and cleaning all pipes, French drains, cover ditches, open joint systems, etc. b) Televising This stands for the video inspection of the inside of the pipes, if necessary. Any request for televising shall be approved by the City Engineer. A compact disk shall be submitted with the results of the investigation per location. c) GIS Data Collection This stands for data collection of the storm sewer system cleaned and inspected by the selected contractor. The GIS data must be compatible with the City's GIS and must be provided prior to each invoice. Any questions related to the GIS database, please contact Mr. Regina Nagger at (305) 416-1749. An acceptable GIS database consist of inlet number per City of Miami database, manhole number per City of Miami database, cross pipe diameter from manhole to inlet, French drain with diameter form manhole to manhole, etc. with latitude and longitude, with date of inspection, and report of any hazardous materials found, if any. The city will provide the original GIS data layer from which the contractor must update once each storm sewer structure and pipe is cleaned. And, there may be additional structures to be added to the city's layer. It is the responsibility of the contractor GIS coordinator to update the layer and present it to the city for final approval. (C) CREWS The contractor shall provide a minimum of two (2) crews at all times. Each complete crew shall consist of a minimum of a driver and helper or operator with the necessary vacuum trucks, manpower, materials, GIS equipment for data recording and other support needed for the work. If the contractor fails to begin the work under the contract within the time specified in the "Notice to Proceed, or fails to perform the work with sufficient workmen and equipment or with sufficient material to assure the prompt completion of the work assigned, or discontinues the prosecution of the work, or. fails to resume work which has. been discontinued within a. reasonable time after notice to do so, or becomes insolvent or is declared bankrupt, or files for reorganization under the bankruptcy or insolvency code, or for any other cause whatsoever, fails to carry on the work in an acceptable manner, of if the surety executing the bond, becomes unsatisfactory in the opinion of the City, the Engineer will give notice in writing to the Contractor and his surety of such delay, neglect or default. Continuous failure by the contractor to complete work orders in a timely fashion may result in the City not issuing further work orders and or cancellation of this contract. . The lack of equipment or unsuitability of said equipment shall not be an acceptable reason for falling behind schedule. (D) • COMPRESSED AIR — JET METHOD The method for cleaning the deep drainage wells consists of using compressed air and jetting inside the 50 drainage well at a depth of 100 feet minimum. The compressed air — jetting method must be used for the cleaning of the deep wells. Any other method must be approved by City Engineer. The contractor shall provide its own compressor, hoses, water, truck, etc. for this item and no additional compensation shall be allowed. Bid No. 10-11-026 Page 76 01007 REVISIONS TO GENERAL CONDITIONS (A) 7-10INSURANCE 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 FIELD 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 contractors, subcontractors, suppliers, materialmen, architects and/or Engineers whether such Bid No. 10-11-026 Page 77 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 oracceleration in the work said extension of time. 01008 ADDITIONS AND REVISIONS TO INSTRUCTION TO BIDDERS 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..10 _"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) The necessary adjustments or relocation of Miami -Dade Water and Sewer Authority water mains, which may or may not appear on the Plans or in the Specifications. Note that the cost for water main adjustments are limited to the amount invoiced by Miami - Dade Water and Sewer Authority. (B) The adjustment, removal, or reconstruction of any City -owned structures, not shown on the Plans nor specifically mentioned in the Specifications. (C) Uniformed Police. (D) Other unforeseen surface or underground adjustments or additional work not included on the Plans nor 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 contract. The inspector will provide contractor a location map with the storm sewer system to be clean. 01011 WATER FURNISHED BY THE CONTRACTOR The water necessary to pressure clean the storm sewer system _shall be obtained by the Contractor at his/her expense. 01012 STAGING AND EQUIPMENT STORAGE FURNISHED BY THE CONTRACTOR The staging areas and equipment storage areas for the transfer of sediments shall be obtained by . the Contractor at his/her expense. Section 02761 Bid No. 10-11-026 Page 78 PART 1 GENERAL 1.01 DESCRIPTION PIPELINE CLEANING A. Work included: Contractor shall furnish all necessary materials, labor, equipment and services required for cleaning the specified storm sewer and pipelines as indicated on the GIS drawings submitted by the City of Miami, or as authorized by the Engineer. B. Intent: The intent of pipeline cleaning is to remove foreign materials from the lines so to permit internal inspections by closed-circuit television. C. Definition: The term "CLEAN" as used in these Specifications shall mean the adequate removal of sand, dirt, roots, grease and other solid or semi -solid materials form the pipeline. D. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Condition, Supplementary Conditions, and sections in Division 1 of these Specifications. 2. GIS Data collected must be compatible with the City of Miami Public Works Department. 1.02 QUALITY ASSURANCE A. Acceptance of pipeline cleaning shall be made upon the successful completion of the television inspection and shall be to the satisfaction of the Engineer. If TV inspection shows cleaning to be unsatisfactory, the Contractor shall be required to re -clean and re -inspect the pipeline until the cleaning is shown satisfactory. B. In areas where television inspection is not performed, the Engineer may required the Contractor to pull a double squeegee pig (with each pig the same diameter as the pipeline) through each manhole section as evidence of adequate cleaning. 1.03 SUBMITTALS A. Submit to the Engineer a work schedule indicating when pipelines will be cleaned and what work on those particular liens will be performed immediately after cleaning of the lines. 1.04 PRODUCT HANDLING A. All chemicals to be used in the cleaning of the pipelines shall be securely stored to insure that there is no leakage of chemicals. Bid No. 10-11-026 Page 79 02761-1 PART 3 EXECUTION — PIPE AND INLET CLEANING 3.01 CLEANING PRECAUTIONS A. The Contractor shall take satisfactory precautions during the cleaning operation when cleaning equipment is used to avoid damage to the pipes, manholes and inlet structures, and to other public and private property. B. When hydraulically propelled cleaning tools or tools which retard the flow in the pipeline are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property. C. Whenever possible the normal flow in the pipeline shall be utilized to provide the necessary pressure for hydraulic cleaning devices. D. When addition water from the fire hydrants is necessary, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Connections to the hydrants shall be equipped with a portable meter and backflow preventer obtained at the Miami -Dade Water and Sewer Department. E. Contractor is responsible for obtaining his own water, portable meter and backflow preventer. 3.02 PIPELINE CLEANING A. Selection of equipment and methods from Part 2, shall be based on the conditions for the lines at the time the work commences. The Engineer shall have the right to reject the proposed method used if he feels the method, or equipment, will not produce satisfactory results, or will damage the pipelines. B. The Contractor shall provide for the pumping down of any surcharged manhole section and provide all by-pass pumping, if required, during the preparatory cleaning and/or repair operation. C. Cleaning immediately prior to internal inspection or repairs is recommended to preclude the built-up of debris from infiltration/inflow sources and upstream manhole sections. Should the television inspection reveal that the pipeline is not clean; the cleaning operations shall be repeated. This additional cleaning shall be done at the expense of the Contractor at no additional cost to the City. D. Cleaning shall include the trapping and removal of all sediments and residual wastes from successive manholes as the cleaning progresses. When hydraulic cleaning equipment is used, a suitable weir or dam shall be installed in the downstream manhole in such manner that the solids and water are trapped. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells or damage to pumping equipment, shall not be permitted. E. Removal of debris from the pipeline to be cleaned shall be conducted in such a manner that no residue will be left on the adjacent ground or street surfaces. Transporting of debris to the disposal site shall be accomplished using vehicles, which do not discharge any debris en route. All material removed during cleaning operations shall be disposed of at an approved site. The Contractor shall provide to the Engineer a receipt of delivery to the disposal site for each load of debris removed from the work area. All material shall be removed from the site no less often than at the end of each workday. Under NO circumstances will the Contractor be allowed to accumulate debris, etc. on the site of work beyond the stated time. Debris cleaned from the lines shall be removed from the lowest outlet. F. For each location where cleaning is performed, a cleaning report shall be completed which shall contain the following information:: • 1. Location, size, material and condition of the reach. 2. Length of pipeline cleaned. Bid No. 10-11-026 Page 80 3. Estimated amount and types of debris and sediment removed. 4. Indicate of grease build-up, root growth, etc. 5. Method(s) and equipment employed, and man-hours required for cleaning. 6. Duration of time expired between cleaning of pipelines and performance of internal inspection. G. If cleaning of an entiresection cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a line blockage exists and the Engineer must be notified immediately. Notification shall indicate extent cleaned and approximate distance to the blockage. 3.03 ROOT REMOVAL A. Roots shall be removed in the pipelines where root intrusion is a problem. Special attention should be used during the cleaning operations to assure almost complete removal of roots from joints. B. Any roots, which could prevent the seating of a packer or could prevent the proper application of chemical sealants, shall be removed. C. Methods used for removal may include, the use of mechanical equipment such as rodding machines, bucket machines and winches using root cutters and porcupines, and high -velocity jet cleaners. D. Chemical root treatment through the uses of an approved herbicide may be used at the option of the Contractor. The application of the herbicide to the roots shall be done in strict accordance with the manufacturer's recommendations and specifications in such a manner as to preclude damage to surrounding vegetation. Any damaged vegetation so designated by the Engineer shall be replaced by the Contractor at no additional cost to the Owner. All safety precautions as recommended by the manufacturer shall be adhered to concerning handling and application of the herbicide. 3.04 POWER AND FEES A. The contractor shall furnish all electrical, diesel or hydraulic power required for his cleaning operations. B. The contractor shall pay for the water needed to clean the storm sewer system. Contact Miami -Dade Water and Sewer for renting a floatable meter. C. The contractor is responsible for hauling the debris to the nearest Miami -Dade Trash Collection Facility. D. The contractor is responsible for paying the dumping fee for disposal of the debris removed from the city's storm sewer system at the Miami -Dade Trash Collection Facility. E. The contractor is responsible for testing the material/debris prior to dumping it at the Miami - Dade County Trash Collection Facility. A copy of each of the dumping fee tickets must be provided with each of the monthly invoices. 3.05 DRAINAGE SYSTEM CLEANING AND INSPECTION 3.05. 1 Description: The work specified in this sectionconsist of the mechanical removal of materials such as but not limited to sand, soil, silt, leaves, Styrofoam, paper, glass, plastic bottles, cans, tire pieces, wood pieces, rocks, gravel, tree branches, and other such materials from the Department's drainage systems with truck mounted sewer vacuum units. The work also consists of TV camera inspections of the drainage systems with vehicles equipped with VHS video/audio camera format Bid No. 10-11-026 Page 81 units. Hand labor may be required in areas inaccessible to mechanical equipment to perform the specified work. The Department's drainage system is composed of inlets, manholes, junction boxes, French drains, and cress, side and lateral drain pipes, piped outfall structures and other drainage structures. The work also requires toupdate the.city's GIS layer for each of the structures and storm sewer system cleaned by the Contractor. 3.05.2 Drainage System Cleaning: The Engineer reserves the right to assign the work on an as needed basis. All the cleaning work shall be issued through Work Documents. 3.05.2.1 Routine Cleaning: A. Routine cleaning work shall consist of work scheduled monthly by the Engineer to maintain the existing level of performance of the drainage system and to extend the systems service life. B. 'The mechanical storm drainage cleaning operating shall be done in such manner so not to damage the drainage structures, inlet grates, manhole covers, pipes, pipe joints, or the surrounding areas. C. The Contractor shall temporarily remove the drainage structure grate or cover if necessary and remove by mechanicals means all materials that obstruct either the structure opening, interior structure pipe openings or pipes. D. The Contractor shall temporarily plug (balloon) structure pipes if necessary to accomplish the cleaning work. E. When water is present in the drainage structure the Contractor shall remove or dewater the structure and proceed with cleaning. F. When water is present outside the structure to be cleaned and in its surroundings, the Contractor shall use a hydraulic pump (s) to remove the excess water. 3.05.2.2 Non -routine Cleaning: A. Non -Routine cleaning work shall consist of work that must begin immediately to restore access to roadways and walkways for vehicular and pedestrian traffic. B. The Contractor shall respond to a Non -Routine work assignment within four (4) hours of notification from the Engineer. 3.05.2.3 Material Disposal: All material removed during the cleaning work shall be disposed by the Contractor in a Class I Sanitary Landfill in accordance with all County, State, and Federal Rules and Regulations. With each submittal the Contractor shall provide the landfill receipts where the Contractor disposed all of the materials. Copies of the landfill receipts will be given to the Engineer at the time of invoice to log the amount of debris removed from the City's storm sewer system. The cost of the ticket will be the responsibility of the contractor. This cost shall be included in the bid proposal items and no additional compensation will be allowed. 3.05.2.4 Drainage Structure Location Log: The Contractor shall prepare a log that contains a listing of all the drainage structures and associated pipes.cleaned, the types of debris removed and the location of the drainage structures to the nearest street intersection. The log shall be submitted to the Engineer within a week of completing the work. 3.05.2.5 Drainage System Video Camera Inspection: The Engineer reserves the right to assign the work on an as needed basis. All the inspection work shall be issued through Work Documents. A. Video Camera Inspection: The Contractor shall temporarily plug (balloon) structure pipes if necessary to accomplish the Video Camera Inspection work. In areas where the surroundings of the drainage structures to be Video Camera inspected are under water, the Contractor shall use a hydraulic pump(s) to remove the excess water. Bid No. 10-11-026 Page 82 B. The Video inspection shall include a narrative stating the location of the structure to the nearest street intersection and explanation of deficiencies such as joint Teaks, cracked pipes, failed patches of pick-up holes, or stained pipe. The location of the deficiencies in the pipes shall be noted in linear foot (to the. nearest 0.001 ft), measured from the interior wall of the structure to the deficiency. C. The Video shall provide camera close up views of the entire pipe walls, leaks, pick up holes and joints through the panning and revolution capability of the camera head. D. The camera operator shall Video the,entire perimeter of joints to record any deficiencies. All deficiencies shall be recorded in a clear and visible manner so that when the tape is viewed by Department personnel the deficiencies are clear and visible and proper analysis can be made to correct the system deficiencies. E. The Video tape shall be submitted to the Department with the written reports. 3.05.2.6 Video Inspections Written Reports: The Contractor shall prepare a written report listing the location and all the deficiencies found in the drainage structure and pipes inspected. The report shall also note the locations of the deficiencies, measured in linear foot (to the nearest 0.001 ft) from the interior of the wall structure to the deficiencies. This report shall be submitted to the Department within one week of the performed inspection. 3.06 Quality The Engineer shall consider the drainage structure cleaning work completed and accepted when the structure is 100% free of all materials mentioned above. The Engineer shall consider the pipe cleaning work completed and accepted when the full cross- section of all structure pipes are 100% free of all materials mentioned above. Structures or pipes determined unsatisfactory by the Engineer shall be re -cleaned to the satisfaction of the Engineer within the time specified, at no additional cost to the City. The only substance that may be removed and placed back into the drainage structure and pipes is the standing water removed during the dewatering process as longs as the standing water is under 29 N.T.U. 3.07 Work Hours The cleaning operation of the drainage system shall be performed Monday through Friday between "Off Peak" hours or between the hours of 9:30 a.m.. and 3:30 p.m. Weekend work may be permitted by the City. The City reserves the right to change the Contractor's work hours at its discretion if it determines that established work hours are causing traffic congestions. 3.08 Equipment The contractor shall furnish equipment of a type and quantity to perform the work satisfactorily within the time specified. The truck mounted vacuum used to perform the work described in this section shall be as a minimum to be equipped with a telescopic boom and vacuum tube and a two stage vacuum compressor and have a storage capacity of at least five (5) cubic yards. Equivalent equipment may be substituted at the discretion of the Engineer. The Contractor shall at times provide Truck Mounted Attenuators rated for 60 mph design speeds with the drainage system cleaning operation and when necessary with the video camera inspection. The Truck Mounted Attenuator shall be equipped with a high sensitivity color camera and a standard format VHS color cassette tape video unit or CD recorder. The camera lens shall be capable of panning 360 degrees. 3.09 Safety Maintenance of traffic shall be in accordance with Public Works Standards. All the storm sewer drainage system cleaning work shall be accomplish with the truck vacuum unit facing in the same direction as the traffic. All lane closures shall have the prior approval of the Engineer. The foregoing requirements are to be considered as minimum and the Contractor's compliance shall Bid No. 10-11-026 . Page 83 in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and employees throughout the work areas. 3.10 Cleaning of Manholes and Inlets: A. Cleaning of manholes and inlets shall be accomplished by the use of a jet/vacuuming system or pumping system capable of removing water and debris into a collection bin. The water and debris collected shall be removed and disposed of in areas provided by the Contractor in accordance with federal, state, and local laws and regulations. B. The Contract unit price for cleaning manholes and inlets shall include all labor, equipment, materials and incidentals necessary for cleaning manholes and inlets, temporary removal of grates and covers, any temporary pipe plugs necessary to complete the work, and disposal of all water and debris removed. 3.11 Desalting Pipes and Box culverts: A. There are NO Box culverts in this contract. B. Desilting consist of removal and disposal of silt, debris, vegetation, soil, rock or any type of blockage inside a pipe or box culvert to provide maximum drainage capacity. C. Clean the pipe or box culvert by removing all of the silt and debris so that the drainage capacity is 100% of the original design capacity of the pipe or box culvert. Perform desilting operations in a manner not to damage the pipe, box culvert or surrounding area. D. Meet the requirements of Federal, State and Local environmental standards and laws when performing all activities. E. Meet the requirements of Public Works Bulletin 25 and 26. F. When water is present, de -water the pipe or box culvert to facilitate cleaning and inspection. Access to the pipe or box culvert may require temporary removal of fence, signs, guardrail, grates or manhole covers. G. Replace according to City standards at the completion of the desilting operation or each day, as appropriate for safety. H. Align infall and outfall ditches 50 feet from the pipe or box culvert to meet the existing line and grade. If the Right of way line is less than 50 feet from the pipe or box culvert, align infall and outfall ditches to the right of way line. I. Identify and report to the Engineer necessary repairs to the pipes or box culverts exposed during the desilting operation. J: Dispose of all silt and debris removed in the desilting operations in areas meeting Federal, State and Local rules and regulations. K. Repair or replace damage to turf, pavement signs or structures, etc, caused by the Contractor to the satisfaction of the Engineer at no additional cost to the Department. Complete repairs prior to submission of the invoice for work accomplished. Grade and sod if any disturbed areas caused by the desilting operation shall be replaced by the contractor at no additional cost to the city. L. Maintain de -watering after completion of the desilting operations to allow for inspection. M. Re -cleaned structures determined to be unacceptable by the Engineer within the time specified at no additional cost to the city. N. The quantities for payment to desalt a pipe will be the length in linear feet of pipe desilted and accepted. O. The quantities for payment to desilt a box culvert will be the volume in cubic yard of material removed from the box culvert. 3.12 GIS Data collection The contractor shall submit the GIS data in coordinates that are readable and compatible with the Public Works Department. For additional information on data collection please contact Regina Nagger at (305) 416- 1749. Bid No. 10-11-026 Page 84 3.13 Basis of' Payment A. Price and payment will be full compensation for furnishing all equipment, tools, labor, disposal of silt and debris, de -watering, erosion and water pollution control, clean up and all incidentals necessary for the satisfactory performance of the work. B. Payment will be made under the items specified in the Bid Price Proposal. C. A copy of the dumping fee ticket issued by Miami Dade County Transfer Facility must be provided with each monthly invoice. Bid No. 10-11-026 Page 85 2.73 AdditionalProvisions • Page 1 of 6 MAINTENANCE SPECIAL PROVISIONS The following Maintenance Special Provisions apply to this Contract: SECTION ME. 425-7 3 DRAINAGE SYSTEM CLEANING & INSPECTION, ME425-73-1 Description. The work specified in this Section consists of the mechanical removal of materials such as but not limited to sand, soil, silt, leaves, paper, glass, cans, tire pieces, wood pieces, rocks, gravel, tree branches, and other such materials from the Department's drainage systems with truck mounted sewer vacuum units. The work also consists of TV camera inspections of the drainage systems with vehicles equipped with VHS video/audio camera format units.. Hand labor rosy be required in areas inaccessible to mechanical equipment to perform the specified work. The Department's drainage system is composed of inlets, manholes, junction boxes, French drains, and cross, side and lateral drainpipes, piped outfall structures and other drainage structures. ME425-73-2 Draina.ge System Cleaning. • The Engineer reserves the right to assign the work on an as needed basis. All the cleanin. work shall be issued through Work Documents. ME425-73-2.1 Routine CIeaning: Routine cleaning work shall consist of work scheduled monthly by the Engineer to rnaintgin the existing level of perfonnance of the drainage systems and to extend -the systems service life. The mechanical storm drainage cleaning operation shall be done in such'a manner so not to damage the drainage structures, inlet grates, manhole covers, pipes, pipe j oints, or the surrounding areas. The Contractor shall temporarily remove the drainage structure grate or cover if necessary and remove by mechanical means all materials that obstruct either the structure opening, interior structure pipe openings or pipes. The Contractor shall temporarily plug (balloon) structure pipes ifne•cessaryto accomplish the cleaning work. • When water is present in the drainage structure the Contractor shall remove or dewater the structure. When water is present outside the structure to be cleaned and in its surroundings the Contractor shall use a hydraulic pump(s) to remove excess water. ME425-73-2.2 Non -Routine Cleaning: Non -Routine cleaning work shall consist of work that must begin immediately to restore access to roadways and walkways for vehicular and pedestrian traffic. . The Contractor shall respond to a Non -Routine work -assignment within four (4) hours cjf notification frorr the Engineer. 2.73 Additional Provisions Page 2 of 6 i d ■ 111E425-73=3 ' Material Disposal. All material removed during the cleaning work shall be disposed by the Contractor in a Class 1 Sanitary Landfill in accordance with all County, State, and Federal Rules and Regulations. With each submittal the Contractor shall provide the landfill receipts where the Contractor disposed all of the materials. ME425-73-4 Drainage Structure Location Log. The Contractor shall prepare a log that contains a listing of all the drainage structures and associated pipes cleaned, the types of debris rembedand the location of the to the Engineer 1wi � a week of the nearest street intersection. The log shall be submitted completing the work. ME425-73-5 Drainage System. Video Camera Inspection. The Engineer reserves the right to assign the work on an as needed basis. All the inspection work shall be issued through Work Documents. • ME425-73-5.1 Video Camera Inspection: The Contractor shall temporarily plug (balloon) structure pipes if necessary to accomplish the Video CanaInspecteda l are under waection work. ter the Contractareas were or e surroundings of the drainage structures to be Video Cam shall use a hydraulic purnp(s) to remove the excess water. The Video inspection shall include a narrative stating the location of the structure to"the nearest street intersection and explanation of deficiencies such as joint leaks, cracked pipes, failed patches of pick-up holes, or stained pipe. The location of the deficiencies in the pipes shall be noted in linear foot (to the nearest 0.001 ft), measured from the interior wall of the structure to the deficiency. The Video shall provide camera close up views of the entire pipe walls, leaks, pick up holes and joints through the panning and revolution capability of the carnera head. The camera operator shall Video the entire perimeter of joints to record any deficiencies. All deficiencies shall be recorded in a clear and visible manner so that when the tape is viewed by Department personnel the deficiencies are clear and visible and proper analysis can be made to correct the system deficiencies. The Video tape shall be submitted to the Department with the written reports. ME425-73-5.2 Video Inspections Written Reports: The Contractor shall prepare a written report listing the location and all the deficiencies found in the drainage structure and pipes inspected. The report shall also note the locations of the deficiencies, measured in linear foot (to the nearest 0.001 ft) from the interior of the wall structure to the deficiencies. This report shall be submitted to ;the Department within one week of the performed inspection. ME425-73-6 Quality. The Engineer shall consider the drainage structure cleaning work completed and accepted when the structure is 100% free of allrnaterials mentioned above. The Engineer shall consider the pipe cleaning work completed and accepted when the full. cross. -section of all structure pipes are 100% free of all materials mentioned above. Structures or pipes determined unsatisfactory by the Engineer shall be re -cleaned to the satisfaction of the Engineer within the time specified, at no additional cost to the Department. The only substance that may be removed and placed back into the drainage structure and pipes is the 2.73 Additional Provisions standing water removed during the dewatering process. Page 3 of 6 ME425-73-7 Work Hours. The cleaning operation of.the drainage system shall be performed Monday through Frida. , between "Off Peak" hours or between the hours of 9:30 AM and 3:30 PM and between the hours 'of 7:30 PM to 5:00 AM. Weekend work may be permitted by the Department. The Department reserves the right to change the Contractor's work hours at its discretion if it determines that established work hours are causing traffic congestions. 1\1E425-73-8 Equipment. The. Contractor shall furnish equipment of a type and quantity to perform the work satisfactorily within the time specified. The truck mounted vacuum used to perform the work described in this section shall be as a minimum to be equipped with a telescoping boom and vacuum tube and a two stage vacuum compressor and have a storage capacity of at least five (5) cubic yards. Equivalent equipment may be substituted at the discretion of the Engineer. The Contractor shall at times provide Truck Mounted Attenuators rated for 60 mph design speeds with the drainage system cleaning operation and when necessary with the video camera inspection. The Truck Mounted Attenuator shall be equipped with a Type C Arrow Board. The drainage system inspection vehicle shall be equipped with a high sensitivity color camera and a standard format VHS color cassette tape video unit. The camera lens shall be capable of panning 360 degrees. ME425-73-9 Safety. Maintenance of.traffic shall be in accordance with Section ME102. All the'storm_ sewer drainage system cleaning work shall be accomplish with the truck vacuum unit facing in the same direction as the traffic. All lane closures shall have the prior approval of the Engineer. The foregoing requirements are to be considered as minimum and the Contractor's compliance shall in no way relieve the Contractor of final responsibility for providing adequate traffic control devices for the protection of the public and employees throughout the work areas. ME425-73-10 BUDGETARY CEILING/ BID AMOUNT The budgetary ceiling amount for this contract is s 250,000.00 Budgetary ceiling is the maximum dollar amount allocate for this contract. Bid amount is the actual dollar amount assigned to this contract by the lowest bidder. In the event that the bid amount exceeds the contract budget then the contract amount will be set at the budgetary ceiling of 5250,000.00 per year. Refer to terms of the contract. ME425-73-11 Basis of Payment.- Payment shall be full compensation for furnishing all equipment, materials; labor, supervision, maintenance of traffic and incidentals necessary to complete all drainage systems cleaning and video camera inspections as specified. The Contractor shall be compensated based on the work completed and accepted. •v j j 7 2.73 Additional Provisions Page 4of6 SECTION ME425 INLETS, MANHOLES, AND JUNCTION BOXES (REV. 07-31-01) The work specified in this Section will be governed by Section Construction of the Florida and dais a s partment e eto current at Transportation Standard .Specifications for Road and Bridge the time of contract letting, except as amended .by the following: Article 425-1 (Page 431) is expanded as follows: All reference to "the plans" in this Section shall be interpreted to mean cthe Dct ear m n's Roess adway plans Traffic Design Standards and revisions thereto current at the rme of included in this Contract. Article 425-6 (Pages 432 and 433) is expanded by the addition of the following new subarticle: ed 425-6:9 Cleaning of Manholes and Inlets: Cleaning of reoles moving and inlets shall debr s into Plcollectiony the use of a jet/vacuunting system or pumping system capable of water and bin. The water and debris collected shall be removed and disposed of in areas provided bythe"Cont;actor, in accordance with federal, state, and local laws and regulations. Article 425-7 (Page 433) is expanded as follows: The quantities to be paid for under this Section shall also, include (l) number of existing drainage structures modified, (2) number of inlets relocated, (3) number of inlets modified, (4) number of manholes and inlets cleaned, (5) number of leaks repaired in manholes and inlets, (6) number of frames and grates furnished and installed, (7) number of frames and grates reset, (8) number of manholes and inlets cleaned and sealed, (9) number of precast caps for inlets (or poured -in -place caps for inlets), (10) number of grates replaced. Article 425-8 (Page 433. and 434) is expanded by the addition of the following new subarticles: 425-8.4 Cleaning Manholes and Inlets: The Contract unit price for cleaning manholes and inlets shall include all labor, equipment, materials, and incidentals necessary for cleaning manholes and inlets, 2.73 Additional Provisions Page S of 6• temporary removal of grates and covers, any temporary pipe plugs necessary to complete the work, and disposal of all water and debris removed. 425-8.5 Repair Leaks in Manholes and Inlets: The Contract unit price for repairing leaks in manholes and inlets shall include all labor, equipment, materials, and incidentals necessary.to repair minor leaks in accordance with Section 411 of the Standard Specifications, current edition and revisions thereto. 425-8.6 Replace.Frame and Grates: The Contract unit price shall include all labor, equipment, materials (including concrete), and incidentals necessary to furnish and install new frames and grates. The price shall also include all cost for removing and disposing of existing frames and grates in areas provided by the Contractor. 425-8.7 Reset Frame and Grate: The Contract unit price shall include all labor, equipment, materials (including concrete), disposing of debris, and incidentals necessary to reset existing frame and grate. 425-8.8 Cleaning and Sealing Manholes and Inlets: The Contact unit price shall include all cost as specified in ME425-8.4 and ME42S-8.5 above. 425-8.9 Precast Cap for Inlet: The Contract unit price shall include all cost for labor, equipment, inaterials.(concrete, reinforcing steel, etc...), removal and disposal of existing structure top, and incidentals necessary to replace an inlet by furnishing a new precast top or poured -in -place repair in accordance with the Department's Roadway and Traffic Design Standards and revisions thereto current at the time of contract letting. • 425-8.10 Replace Grate: The Contract unit price shall include all cost for labor, equipment, materials (including concrete), removing and disposing of existing. grate, and incidentals necessary to replace existing grates of the type specified. Subarticle 425-8.3 (Page 434) is deleted and thefollowing is substituted: Payment shall be made under the items specified in the Bid Price Proposal. DESILTING PIPES AND BOX CULVERTS (REV. 07-31-01) . ME430-94-1 Description. Remove and dispose of silt, debris, vegetation; soil, rock, or any type of blockage inside a pipe or box culvert to provide maximum drainage capacity. - W430-94-2 General Requirements. •-"' Clean the pipe or box culvert by removing all of the silt and debris so that the drainage capacity is 100% of the original design capacity of the pipe or box culvert. Perform desilting operations in a manner not to damage the pipe, box culvert or, surrounding area. Meet the requirerents of Federal, State and local environmental standards and laws when performing all activities. Meet tlie requirements of Section 104 Prevention, Control and Abatement of Erosion and Water Pollution of the Standard Specifications. for Road and Bridge Construction and revisions thereto (current at the time of contract letting). - When water is present, de -water the pipe or box culvert to facilitate cleaning and inspection. Access to the pipe or box culvert may require temporary removal of fence, signs, guardrail, grates or manhole covers. Replace according to Department standards at the completion of the desilting operation or each day, as appropriate for safety. Align infall and outfall ditches 50 feet from the pipe or box culvert to meet the existing line and grade. If the Right -of -Way line is less than 50 feet from the pipe or box culvert, align infall and outfall ditches to the Right -of -Way line. Grade and sod any disturbed areas caused by the desilting operation. Identify and report to the Engineer necessary repairsto the pipes or box culverts exposed during the desilting operation..;, e. i e 11 7 J 2.73 Additional Provisions Dispose of all silt and debris removed in the desilting operations in riles and regulations. Repair or replace damage to turf, pavement, signs or structures, etc. satisfaction of the Engineer at no additional cost to the Department. of the invoice for work accomplished. Page 6.ot b areas meeting Federal, State and local caused by the Contractor to the Complete rtpairs prior to subrnission ME43O-94-3 Inspection. Maintain de -watering after completion of the desilti Y the Engineer within the time specified at no operations to allow for inspection. Re -clean structures determined n be unacceptable b additional cost to theDep rtm ME43O-94-4 Method of Measurement. The cost of temporary Tern oval and subsequent replacement of fence, signs guardrail, grates or manhole , covers will be included in the contract unit price for the related item. fall and outfall ditch alignment, grading and sodding will be included in the contract unit price of the In related item. 430-94-4.1 Desilting Pipe: The quantities for payment will be the length in feet of pipe desilted and accepted. ent will be the volume in cubic yard of 430-94-4.2 Desilting Box Culverts: The quantities for paym material removed from the box culvert. ME430-94-5 Basis of Payment. Price and payment will be full compensation for furnishing equipment, ent, tools lab r, disposal for tilt t and debris, de -watering, erosion and water pollution control, satisfactory performance of the work. Payment will be made under the items specified in the Bid Price Proposal. 15 DIVISION 5 ENGINEERING STANDARDS M-0044 The following standards are contained in this Division: City of Miami Location Map Construction Sign in Public. Right of Way PW Bulletin No. 25 Erosion and Sediment Control for Construction Sites Manhole Inspection Forms Pipeline Inspection Form Department of Solid Waste Management - Sample Form Misc. 35- 89- 5R Misc. 35-89-6 City of Miami Location Map N NY 7 6 ST 1 .� — �r or 11 17 W � z L Mr i0 N• 14 7T • SW 11 37 p • A [GALL WAY .1 13110 AVC •NAND AvE roils Claw AK M ANDCL AVE MW S1 711 W •• - . - i - S . > > t G < Y W 55' N . Ii i i M Y z/ W W NY � -T1 ST t � N r 71 3.7 1 ' NY 13 7T1 1 • 7 \ ovoro ! GAIT �,• CRY 11-1T5 i • INLET CLEANING CONTRACT — SOUTH ZONE PUBLIC WORKS DEPARTMENT PROJECT NO. : M-0044 'NORTH 5lT • CAUS SPAT 1 ----n �I JU Li 7U771E CAUSLVAT • . 1 I ,' YLJCTIAN OAUSEWAY ✓IRGINIA KEY 100 a 1300 J 016, 1000 • 140 • 7500 1;1 1 1;1/ 01IL11 2" HIGH - 1/2" THICK - HELVETICA 1.5" HIGH - 3/8" THICK - HELVETICA 1.5" HIGH - 1/4" THICK - HELVETICA t 3.5"I 12" 1.25" HIGH - 1/4" THICK - HELVETICA CITY OF MIAMI (PROJECT TITLE) (SOURCE OF FUNDS) (PROJECT COST) MAYOR NAME CHAIRMAN NAME VICE CHAIRMAN NAME COMMISSIONER NAME COMMISSIONER NAME - COMMISSIONER NAME 1.5" 3" 1.5" 3" 1.5" 2.5" 3" CHIEF ADMINISTRATOR NAME DIRECTOR OF PUBLIC WORKS NAME (CONSULTANT) (CONTRACTOR) FOR INFORMATI•N CALL: 48" CONSTRUCTION SIGN IN PUBLIC RIGHT OF WAY SCALE: 1 "=1'-0" DR: MA I DEPARTMENT OF PUBLIC WORKS I R— 7 rv. r/TY nr sereur 7nQine 19/nr MISC. 35-89-5 rL._1 4 _L 4 • DEPARTMENT OF PUBLIC WORKS BULLETIN BULLETIN NO. 25 Subject: Issue Date: Approved: DISCHARGE OF EXCAVATION WASTE WATER, EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES -March 31, 1998 (Rev.) James J. Kay, P.E., Dffector The Code of the City of Miami contains the following provisions: Sec. 49-4. "It shall be illegal to discharge wastewater, stormwater or groundwater from a construction excavation into a city storm sewer until the rules, regulation and requirements of the Department of Public Works governing such discharge have been fulfilled and a permit has been obtained from such department allowing same." Sec. 49-5. "It shall be illegal to dump or discharge the contents of septic tanks into city sanitary or storm sewers by any manner or .means whatsoever." Upon conviction, violators of these provisions shall be fined and / or imprisoned. Each day the violation continues shall constitute a separate offense. Pursuant to Sec. 49-4 and the City's National Pollutant Discharge Elimination System (NPDES) Permit FLS000002, the Department of Public Works has established the Rules, Regulations and Requirements relating to discharges originating from construction activities and construction sites including but not limited to: discharge of construction excavation water to the public right-of- way, sediment runoff and erosion. Copies are on file in the Department and are available for all concerned. It shall be the duty of City of Miami inspectors to enforce City Code Sections 49-4, 49-5, in addition to complying with the requirements of the City NPDES permit and the above mentioned Rules. Where violation is observed, the inspector shall in proper form and manner enforce the violation and pursue the matter in the courts where necessary. Page 1 of 4 Rules, Regulations and Requirements of the Department of Public Works The City of Miami, Florida relating to DISCHARGES ORIGINATING FROM CONSTRUCTION SITES OR RESULTING FROM CONSTRUCTION ACTIVITIES I. The Code of the City of Miami contains the following restrictions regarding the Discharge of Construction Excavation Waste Water. Sec. 49-4. "It shall be illegal to discharge wastewater, stormwater or groundwater from a' construction excavation into a city storm sewer until the rules, regulation and requirements of the Department of Public Works governing such discharge have been fulfilled and a permit has beet obtained from such department allowing same." II.. The Rules, Regulations and Requirements of the Department of Public Works in this matter are as follows: A. The discharge of wastewater from a construction excavation into a City storm sewer is prohibited unless a permit authorizing the discharge is obtained from the Department of Public Works: • • 1. All contractors are required to obtain approval from the Department of Public Works as to their proposed method, manner and location for the disposal of waste water from any excavation, prior to their application for permit, for such de -watering from the Building Department. 2. The following procedures shall be followed for wastewater discharges from construction excavations: a) All necessary pumping shall be performed in a workmanlike manner, b) All necessary labor, equipment and appurtenances for final disposition of the wastewater shall be provided at no expense to the City of Miami. Page 2of4 g) c) Waste water shall be disposed of in such manner as not be injurious to the public health and welfare, or to public or private property, or the surface of streets. d) The discharge of waste water shall not limit the full use of public streets or private driveways except as approved in writing by the Department of Public Works. e) The contractor shall be fully responsible for the settlement of or damage to any street or adjacent property due to pumping or other operations necessary to dispose of waste water. f) All gutters, drains, culverts and the like shall be kept clean and open at all times for normal surface drainage, unless certain damming or . ponding is approved in writing by the Department of Public Works. No flow of water may be directed across or over a sidewalk or pavement except through pipe, troughs or flumes approved in writing by the Department of Public Works. Placement and removal of such pipes, troughs or flumes shall be done at no expense to the City. h) The used of sanitary sewers, french drains, covered ditches, and/or rock drains for the disposal of waste water Ls expressly prohibited. i) Where conditions warrant, the Department of Public Works may approve the pumping of waste water into a storm sewer, but prior approval shall be obtained in writing and the waste water shall be filtered (or settled) in a manner approved by the Department. Discharge of waste water under these conditions shall be stopped immediately if the filtering device becomes silted, clogged, ineffective or inoperative for any reason, When the unsatisfactory condition has been corrected, pumping may be resumed. i) If it is the opinion of the Department of Public Works that excessive solids or fines have been discharged into a storm sewer, the Contractor shall, upon written order, clean the storm sewer in a manner satisfactory to the Department. B. Direct or indirect runoff and / or erosion from any site of construction to the public right-of-way shall be deemed a nuisance and a violation of the City of Miami National Pollutant Discharge Elimination System Permit (NPDES), to be ceased immediately. Non compliance is subject to enforcement action and / or withholding of Certificate of Occupancy, and in the case of a City contract, withholding of payment. . • Page 3 of 4 1. Acceptable best management practices and / or structural and non structural controls shall be implemented for erosion and sediment control during construction activities. These controls consist of, but are not limited to: temporary grassing, temporary sodding, temporary mulching, sandbagging, slope drains, sediment basins, sediment checks, berms, baled hay or straw, floating turbidity barrier, staked turbidity barrier, and silt fence. 2. Design details are available in the City of Miami Engineering Standards for Design and Construction on file in the Public Works Department. Alternative methods of control must be approved by the Director of Public Works, or his designee. III. On -site inspection and approval of construction sites shall be enforced by the City of Miami Building Department, Inspection Services Division. IV. Inspection and approval of public right-of-way adjacent to the construction site shall be enforced by the City of Miami Department of Public Works, Construction Division.. THE FOREGOING RULES, REGULATIONS AND REQUIREMENTS ARE HEREBY ESTABLISHED, PUBLISHED AND ORDERED, EFFECTIVE MARCH 31, 1998 Page 4 of 4 1) Tree protection and pruning shall be accomplished as detailed in special provisions, the construction plans, and or per tree ordinance 12636. 2) The Storm Water Pollution Prevention Plan, SWPPP, submitted to Public Works, shall describe in detail how the construction effort will be phased with regards to minimizing erosion problems by the use of temporary and permanent erosion control measures, for the various sequences of construction operations. Any modifications must be approved by the City of Miami — NPDES Section, Department of Public Works. 3) Environmental control features as provided in the SWPP, are to be installed at all areas of excavation or fill for drainage system, or structure construction prior to such excavation or fill. Inlet entrances are also to be protected from siltation as detailed on sheet 2 of 4 of Misc. 35-89-6. 4) All environmental control features are to be maintained throughout the life of the project in accordance with N.P.D.E.S. requirements. The contractor must insure that all erosion control features function properly at all times. 5) All erosion and material deposits must be contained within the project limits. 6) Any damaged or ineffective rock bags ore to be replaced with new ones. The location of rock bags Installation is as mentioned in the SWPPP plans. The project engineer may specify other areas as necessary. 7) Ditch bottom inlets shall be protected from sediment intake until 'project is complete. Elevation of ground outside inlet top shall not be higher than inlet top. Rock bags shall be installed around inlet top. Completed inlets in paved areas shall also be protected with rock bags to prevent sediment intake. 8) muter al adjacenthtol inlet, shall be from sediment with erosion contlrolhe matting tis withcouterelimitsl protected osed sloped rock bogs. 9) Stockpiled material shall not be left in erosion prone areas unless protected by cover or rock bags. 10) Inspection of erosion control measures and condition of adjacent Properties, shall be performed daily by the contractor's representative and the project engineer. Deficiencies shall be noted and corrected. 11) Any offsite sediment discharge to a municipal separate storm water system arising from the contractor's activities is not allowed. Refer to Public Works Department Bulletin No. 25. 12) The use of sanitary sewers, french drains, cover ditches and/ or rock drains for the disposal of wastewater is expressly prohibited. Refer to Public Works Deportment Bulletin No. 25. * NPDES — National Pollution Discharge Elimination System STORM WATER POLLUTION PREVENTION PRACTICES: (FOR PROJECTS OF 1 ACRE OR MORE) OR: MA DEPARTMENT OF PUBLIC WORKS CITY nl- M1dM1 Ft (PIN M!SC, 35-89-6 C`L...-1 G ..t 7 A) Sequence of soil disturbing activities and implementation of controls: 1. Clear & Grubing 2. Install Drainage Structures 3. Stabilization 4. Base Preparation 5. Asphalt Application 8. Placement of Rock bogs around inlets 7. Placement of Rock bags around manholes 8. Application of friction course A.C. 9. Instollation of street signing 10. Pavement Marking 11. Remove Rock Bogs 12. Clean all construction debris frorn construction site 8) Erosion & Sediment Control Stabilizotion Practices: — Temporary Sodding Temporary Grassing Permanent Plonting, Seeding or Seed & Mulch - Temporary Mulching — Artificial Covering Buffer Zones Preservation of Natural Resources — Other C) Structural Practices: — Sond Bagging — Silt Fences - Rock Bogs Rip Rap — Turbidity Barrier — Pipe Slope Drains — Flumes Rock Bedding at construction exit - Timber Bedding at construction exit - Ditch Liner - Sediment Traps - Sediment Basins — Storm Inlet Sediment Trap — Stone Outlet Structure Velocity Control Devices Storm Sewers Other E) General 1. Approved State, Local Plans or Storm Water Permits. 2. All of the Controls shall be maintained at all times. 3. All controls shall be inspected daily. 4. Apply fertilizers and pesticides according to standard specifications, design and special provisions. 5. Report Non —Storrs Water Discharge (Including Spill) (305)416-1200. 6. Visit www.dep.state.fLus/water/storm water/npdes/ D)Other Controls: Offslte Vehicle Tracking: - Haul Roads Dampened for Dust Control — Concrete truck wash oreo Loaded Haul Trucks to be covered with Tarpaulin, or approved equal, Excess Dirt on Road removed daily Other Stabilized Construction Entrance Treatment of Storm Water to meet Water Quality. — Deep Welts Culverts for Emergency Overflow Pollution Control Structures Other STORM WATER POLLUTION PREVENTION PLAN (SWPP) CHECK LIST DR: MA (V. DEPARTMENT OF PUBLIC WORKS PITY f)F h,fIAM Fl ()R10.4 MISC. 35-89-6 3 7 s ..< 7 PAGE 1: All BMP's are shown in this page. SAMPLE COPY RETAIN STORM WATER ON PRIVATE PROPER TY •••mr..coc... ,ADDD, eDIDD :0000.110 01050 4 o4 \ \ \ \ \ \ 0./Iere Are. 001 10 Ye 0011.00 Diner Orem ID De (DDIDODDef • P.op,sed Ll000ma I•Lotw. [1. Par 1-0-1t1 AL SloteDa 5.ned s PD,14.9 1D.oncr C73( rue \.\ \ AvledlatIoaal wetkoda1o1cl•vh La CipraLL SedmeDI Bow - Soo + • 0.000 • •••.• 5. leace/slaea ony D.NeS ••••• DIODed Dol. area end 1..rn Oulkor. f.o-nrele SeelDnewl A VegelegrOn Hate.c. OOQ roil PrDleci.u/. ftlrer fain. \1111 °1" ' "'" ID \ \ Sklintik 111 SITE MAP Not to Scale PAGE 2: All BMP's and Spot Elevation are shown in thisopoge. SAMPLE COPY Properly Liu I I 77 :70,510f1100 .0/1 other or.vs lo Proposer, Suggs, 30-11-00 ) Fete ;Slier+ ?COO OF ( 27 2" / 00i0 Or 00 ) Jr.o.s.:Def.Dno. urtionc, 10 Cy0•00i reop• LL_!..000Le,, SedDnen1 &Min v Devartui / Dreas lo ....co .?2 AV ern. woos 10 pr-090 ----€ — — — — — SITE MAP Not to Scale STORM WATER POLLUTION PREVENTION PLAN (SWPPP) SAMPLE PLAN N. T.S, DR: MA DEPARTMENT OF .PUBLIC WORKS cm/ nr ABdiif flnona 1MISC. 35-89-6 7 7 9-68-9C '35I11 SILT FLOW NOTE: SPACING FOR TYPE 111 FENCE TO BE IN ACCORDANCE W(TTH CHAPTER 1. TYPE II SILT FENCE PROTECTION AROUND DITCH BOTTOM INLETS. DO NOT DISPLAY IN A SCANNER THAT SILT FENCES WILL ACT AS A DOWN ACROSS PERMANENT FLOWING WATERCOURSES. SILT FENCES ARE TO BE USED AT UPLAND LOCATIONS AND HUMINITY BARRIERS USED OF PERMAN ENT BODIES OF WATER. POST (OPTIONS, 2-x4" OR 26' MIN DIA WOOD, STEEL 1.33 LEIS/FT. MIN.) SILT FENCE APPLICATIONS 6' max ELEVATION OPTIONAL PAST POSITION FILTER FABRIC (IN CONFORMANCE WITH SEC. 985 FDOT SPEC.) TYPE III SILT FENCE 20' PRINCIPLE PAST POSRION L (CENTERED 20' TOWARD FLOW) L SECTION FILTER FABRIC SILT FLOW NOTE SILT FENCE TO BE PAID FOR UNDER THE CONTRACT UNIT PRICE FOR STAKED SILT FENCE (LF) TYPE III SILT FENCE INFORMATION ADAPTED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATIONS STATE DRAINAGE MANUAL 50' ON CENTERS (TYP) L AS REQUIRED —� . u . .0 I..,I..11 PLAN OVERLAP ENDS ANCHOR BALES WITH 2 2'x5'x4' SLOPES PER PER BORE ELEVATION FILL SLOPE 70 BE USED AT SELECT SITES WHERE THE NATURAL GROUND SLOPES AWAY FROM THE TOE OF SLOPE CURB & GUTTER Min Mf BALES BACKED BY FENCE COMPLETED INLET TYPE A OR B FENCE NOTE BALES TO BE STAKED AT DIRECTION OF THE ENGINEER. LOOSE SOIL PLACED SHOVEL AND LIGHTLY COMPACTED ALONG UPSTREAM FACE OF BALES ANCHOR BALES WITH 2 2'x5'xa' SLOPES PER PER BORE DITCH PROTECTION AROUND INLETS OR SIMILAR STRUCTURES BALES TO BUTT PLAN ANCHOR BALES WITH 2 2'x5'x4' SLOPES PER PER BORE DITCH BOTTOM INLET LOOSE SOIL PLACED BY SHOVEL AND UCHTLY COMPACTED ALONG THE UPSTREAM EDGE OF BALES. FILL SLOPE ELEVATION TO BE USED AT SELECT SITES WHERE THE NATURAL GROUND SLOPES AWAY FROM THE TOE OF SLOPE BARRIO? FOR FILL SLOPE INFORMATION ADAPTED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATIONS STATE DRAINAGE MANUAL DITCH EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES EXHIBIT #2 N.T.S. DR: MA DEPARTMENT OF PUBLIC WORKS rqry nc 1101111 n nnrnn MI SC. 35-89-6 SOD ANCHOR BALES WITH 2 2'x2'x4' STAKES PER BALE ELEVATION SOD LOOSE SALT PLACED BY SHOVEL • AND LIGHTLY COMPACTED ALONG THE UPSTREAM EDGE OF BALES 1 ' MIN, RECOMMENDED' 1 SPACING; BATE BARRIERS FOR PARED DITCHES SHOULD BE SPACED IN ACCORDANCE WITH CHAPTER I. BARRIER • FOR ' PAVED DITCHES WOVEN FILTER FABRIC IN ABSENCE OF ESTABLISHED GRASS (APPROX. 12.x12). SECURE EDGES BY ENTRENCHING AND EXTEND UNDER BAGS AND BALES. FABRIC SHALL AEET THE REQUIREMENTS OF SECTION 985 OF THE STANDARD SPECIFICATIONS. CAST OF FABRIC TO BE INCLUDED IN THE CONTRACT UNIT PRICE FOR BALED MAY OR STROW. TN. mim«oo800r•,mmm LOOSE SALT PLACED BY SHOVEL AND LIGHTLY COMPACTED ALONG THE UPSTREAM EDGE OF BALES PLAN 5'TYP ANCHOR LOWER Rot FS WTTH 2 2'x2'x4' STAKES PER BALE ANCHOR TOP BALES TO LOWER BALES WITH 2 2'x2'x4' STAKES PER BALE FI FVATION LOOSE SALT PLACED BY SHOVEL AND LIGHTLY COMPACTED ALONG THE UPSTREAM EDGE OF BALES PLAN ANCHOR BALES WITH 2 2'x2'x4' STAKES PER BALE ELEVATION APPUCATION AND SPACING: THE USE OF TYPES I & it BALE BARRIERS SHOULD BE UNITED, TO THE CONDITION OUTLINED IN CHAPTER I. TYPE a TYPE I 1 BARRIER FOR UNPAVED DITCHES INFORMATION ADAPTED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATIONS STATE DRAINAGE MANUAL 1' MfN. RECOMMENDED' EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES EXHIBIT #3 N.T.S. DR: MA DEPARTMENT OF PUBLIC WORKS ! MISC. 35-89 _6 of TV A,-+u Ain rf of ,fl I Ai 7 6 5 4 3 2 1 0 FLOW RATES (CF$) NOTE: SPACING SHOWN GENERALIZED CONDITIONS BASE ON ACTUAL COMPUTATIONS. N THIS CHART AND SHO SITE PERFORM BASED ON LD BE ADJUSTED E OR HYDRAULIC VERYRLIGHT MODERATE HEAVY VERY HEAVY >5 >10 >15 >25 V V V V V y y V V V I 1 ` \ 1 \ LEGEND FLOW SOILS SOILS1 COHESIVE NON —COHESIVE FIRM LOOM CLAY SANDS FIRM SAND COURSE SAND - \ 1 \\ 1 \ \ 1l CLAYS HARDPANS GRAVELS SANDY LOOM SILT LOOM \ �AF C/ g Cy (C yT 0y\coy$- 4.,yes/�F /CyVto l� SIDER UDE 0 TEMPORARY S00 o, ve nrn Aft 50 100 200 250 SPACING (IN FEET) CHART I RECOMMENDED SPACING FOR TYPE I AND TYPE II HAY BALE BARRIES, AND TYPE III SILT FENCES INFORMATION ADAPTED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATIONS STATE DRAINAGE MANUAL EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES EXHIBIT #4 DR: MA I DEPARTMENT OF PUBLIC WORKS IN/ /NTV nu 141 A I /r CI / DNI A MISC. 35, 89-6 . • • • • - ^,MONIMP. Mfici.A.?,k75-_6:riyaroT. : Invert Elevation (feet) Invert Distance from Rim Invert Location: N NE NW V E SE SW CITY OF MIAMI - PUBLIC WORKS DEPARTMENT STORM SEWER SYSTEM SURVEY M-0044 Structure GIS Number: Lat: Long: 46i0tfes**-; Manhole A D-4 Auger Hole Well Outfall /1••••••• Pipe Size: 8" 10" 12" 15" 18" 24" ilif*-to"Om*Ititrzo Inlet Type: Pipe Size: Rim Elevation feet Depth feet Sump LlYes or No Auger Hole Pipe Depth: feet .. ,R.-4,-,::::"P-----N!!,' !"--!:•,!-Ii,-•! !'-if:r..5 !,-.-W•_,,Z4.!:!".,;:1-•:!,Gliqf I .!•,;-"•!,--7•Alf,';:_a7;;;-!! Date of Inspection: Inspector: "'•'• F-3 P-5 P-6 P-1 P-2 P-10 Catch Basin: D D-4 D-5 D-6 D-7 D-8 30" Material: 36" 42" Concrete 48" HDPD 54" Clay other Other E!evo+.icri Depth ! ' I ! ! ' i I I , ! ; Invert Distance ;'ror•IR. e Pipe Size Fp Dre.clian V= Auger Hole, Vertical Wells BMP Baffle Basket Curb Trap Stencile CITY OF MIAMI -PUBLIC WORKS DIVISION MANHOLE INSPECTION FORM Project No.: Dale: Protect Name: By: 1. Manhole No: 2. Street: 3. Prscip"rtalion: None Ugnl Rain Heavy Rain 4. Ground: Dry Damp Wel Standing Water 5. Location: Buried Not Found Cntr. St. - Curb Gutter Paved Esmt. Gross Esmt. Ditch Not Insp. 6. Location Characteristics: Subject to prirhdrtg Yes No Potential Area Drained Sq. Feet 7. Cover • type: Bolted Pick Concealed StormNenl 8. Cover to Rim Fri: Poor Fair Sealed S. Diameter of Clear Opening: inches Cover bearing surface inches X inches 10. No. of Holes in Cover. 11. Pick Hole Diameter {Inches): 12. Distance Above or Below Grade: 0.5 2.0 +/ - inches 1.0 1.5 2.5 13. Evidence of inflow: ' Yes No Comment: 14, Frame: Condition: Sound Broken 15. Frame Adjustment: Precast Brick Block Other None Vertide Hgl inches 16. Frame to Corbel Seat: Sound Offset,by inches Cracked None Deteriorated 17. Evidence of fnitow: Yes No Comment: 18. Corbel: Coast.: Brick Precast Stock Flanop None 19. Condition: Sound Cracked Deteriorated Roots Leaking Joints Leaking Stec/Lilting Hole 20. Evidence of Inflow: Yes No Comment: tide Size (if any) (Exclude lifting Mole) 21. Walla; Corot . Brick Block Precast Poured None 22. Condition: Sound Cracked Deteriorated Leaking Joints Leaking Step/Uiting Hole 23. Evidence of Infiltration: Yes No Comment Hole Size (il any) (Exclude tieing Hole) 24. Bench J Trough: Trough Construction: Precast Brick Benoit Construction/ Condition 25. Trough Condition: Sound Cracked Raised Depressed Unfinished Del erioraled 26. bench Deposition: None Mud, Debris Sludge Depth of Deposits inches 27. Evidence o! Inbhration: Yes No Comment: 28. Pipe Seats: Condition: • Sound Cracked None 29. Evidence of Infiltration: Yes No Comment: Oty Direction 30. Steps: Condition: Sale ' Unsale Loose No Steps 31. Steps Missing: 32. Manhole inside Diameter, inches . Cleanou1 33. Surcharged al Time of Inspection Yes No Depth from Rim to Water Level feet 4 ^rtenCe of 'Surcharging: 'Yes . Na Steps Wall: Height above invert 35. Indcation of Groundwater Level: Yes No Height above invert feel Roots Joel Enter Description of Broken Frame: Sketch / Comments: wommommemagag• •••••-• gram oft••• eme mm. • •••• •••••• private xts -abcct-opc-drz-zmi (Sup 1 !OT Exr-c7...sion of Cr*.it) Date /1) Itema of pargon ,/,2) Flame of 'au-sires:I/billing address of Bueiress 4) Type(;) of =carte/ to.lioe &spooled of: Cembage Demo E4ti.tated vol.= of dirpoaal CR 1 cr ciiirpoaal tripmiper par month '-'22-ons/condl C.YTHO. 6) ytx1 purChased dirpOsal cat:Fora before? Yes Flo yts, at faciliry(s)7. ,58ch Street Sok-n± Zada Tra.ab Ocbc. Ur utlat. compay. or Paruccal names? 7) Is the tot.--1 system sufficient for pcurre^A0 Yes. 'Do STOP -MRE C017.1ZS .ARE Cr edit ccrl cad t pox s cc-1 bc.Ls 1=-$ s Locihs thin bus ine.ss becri in cri.stenai7 ' 10) to 7ou do buziness under eny ocher ==pany mare'? Yes 11) Is hauling. your primary business ectivityl Yes Lf Tw than: 1 Iry e yvu had cr do Yes Permd.i No. No SIC TEFF-a permit) -— 1 ) EJsy% you CT are pou dispos o f e_s Ka= yOy hevm hisuaing pe7,114 t from SL.C1 (If no then info= -tbam to OOM CA= satemlaiS under zny mbar co770"--7' a morel 13) HAJ thiI rrr-p2ny had a previcus Y t_s No Dc) La in addok_inc %rich 1.4110 14) 1-41 eny other mor*ny ha -Ye born associated vith had a.prtylacus vith 51-D1 Ycs Explain 15) Ar t YC7'.1 fa=i 1 Lel th ocir 1 oca tions and procedures? i '- C-r5 ./ • 77-Y. •••; • • •....11....?.A".••• • ••' .••:‘•• CITY OF MIAMI = PUBLIC WORKS DIVISION PIPELINE INSPECTION FORM Project No.: Date: project Name: By: 1. Street Location of Pipeline:• 2. From Manhole No.: Q. Pipe Diameter: 6. Pipe Type: • 7. Condition of Pipe: 3. To Manhole No.: 5. Pipe Length: