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HomeMy WebLinkAboutExhibiton CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST BID ITEM: Coral Way Medians Landscaping and Maintenance Contract, M-0088 BID NUMBER: Bid 12 13-022 DATE, BID OPENED: Tuesday, April 16, 2013 TIME: 11:00am BIDDER BID TOTAL BID BOND (ER) AMOUNT CASIIIER'S CHECK Florida Lawn Superior Service. Inc. $165,495.0 ____ $9,750.000 . ...... Landscaping & Lawn Service, Inc. 'x $193,712.00X $ 5% of bid amount UM Services, Inc. $265,742.88 .‘,,- $14, 000,00 Cashier's Check ... - Sanchez Arango Construction -- $266,833.00 ass 03;3, 5% of bid amount "Offt"'m b`orri Vj" "1 v '.--'1'7,---7 _____ rIfievo,F1Y-4 eT, '.•-•: !--• 4 ''J. - **'/::41 f',`40 010 only (Ana --- . __,..'L I.:: .:': i!):!°,.1!t-',; ,l.,; erni.---th:. Cl.: ty.A.,ellardozaI ,d L.11 any,' — • - , .... _ Person Receiving Bid(s) et--/64-07 `roday's Date • rere',,,ived (4 h d(s))9ibehalf PREPARED BY: Public Works Ci epartment , Deputy City Clerk BID NO. 12-13-022 CORAL WAY MEDIANS LANDSCAPING & MAINTENANCE CONTRACT PUBLIC WORKS DEPARTMENT PROJECT NO. M-0088 Due Date: Tuesday, April 16, 2013 Due Time: 11:00 a.m. Mayor Tomas P. Regalado Commissioner Wifredo Gort, District 1 Commissioner Marc D. Sarnoff, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Keon Hardemon, District 5 City Manager, Daniel J. Alfonso Issued By: City of Miami Public Works Department Eduardo Santamaria, P.E., CGC, Director 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 Bid No. 12-13-022 Page 0 TABLE OF CONTENTS Section No. Article No. Title Page No. NOTICE TO CONTRACTORS 5 00100 GENERAL INSTRUCTIONS TO BIDDERS 7 1 General 2 Scope of Work 3 Location of Work 4 Term of Contract 5 Performance Bond 00200 DEFINITIONS 00300 INSTRUCTIONS TO BIDDERS 1 Examination of Contract Documents and Site 2 Pre Bid Interpretations 3 Submitting Bids 4 Printed Form of Bid 5 Bid Guaranty 6 Acceptance or Rejection of Bids 7 Determination of Award 8 Evaluation 9 Contract Price 10 Postponement of Date for Presenting and Opening of Bids 11 Qualifications of Bidders 12 Addenda and Modifications 13 Occupational Health and Safety 14 Environmental Regulations 15 "Or Equal" Clause 16 Protested Solicitation Award 17 Financial Stability and Strength 18 Community Small Business Enterprise CSBE 19 Local Work Force Participation Requirements 20 Cone of Silence 21 Public Entity Crime 22 Debarred/Suspended Vendors 23 Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 24 Conflict of Interest 00400 PROPOSAL BID FORM 00402 SCHEDULE OF BID PRICES Pay Item Description 00410 BID BOND FORM 8-9 10-16 17-24 25-27 29-31 Bid No, 12-13-022 Page Section Article No. Title Page No. No. 00500 SUPPLEMENT TO BID FORM: 32 QUESTIONNAIRE 00502 SUPPLEMENT TO BID FORM: 37 CUSTOMER REFERENCE LISTING 00510 SUPPLEMENT TO BID FORM 39-40 OFFICE LOCATION AFFIDAVIT 00600 CONTRACT 1 Scope of Work 2 The Contract Sum 3 Partial and Final Payments 4 Time of Completion 5 Additional Bond 6 Contract Documents 7 The Contract Term 8 Contingency Clause 9 Notices 10 Materiality and Waiver of Breach 11 Severance 12 Applicable Law and Venue 13 Amendments 14 Prior Agreements 41-47 00710 FORM OF PERFORMANCE BOND 48 00720 FORM OF PAYMENT BOND 51 00721 CERTIFICATE AS TO CORPORATE PRINCIPAL 54 00735 PERFORMANCE AND PAYMENT GUARANTY FORM 55-56 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT 00800 GENERAL CONDITIONS 1 Contract Documents 2 Intention of City 3 Terms of the Contract 4 Preliminary Matters 5 Performance Bond and Payment Bond 6 Qualification of Surety 57 Bid No. 12-13-022 Page Section Article No. Title Page No. No. 7 Indemnification 8 Insurance Requirements 9 Labor and Materials 10 General Requirements 11 Worker's Identification 12 Royalties and Patents 13 Weather 14 Permits, Licenses and Impact Fees 15 Resolution of Disputes 16 Inspection of Work 17 Authority of the City Project Manager 18 Superintendence and Supervision 19 Method of Performing the Work 20 City's Right to Terminate Contract 21 Assignment 22 Contractor's Use of the Work Site(s) 23 Interfering Structures and Properties 24 Site Investigation and Representation 25 Contractor's Responsibility for Damages and Accidents 26 Accidents 27 Safety Precautions 28 Warranty of Material 29 Manufacturer's Instructions 30 Manufacturer's Warranty 31 Defective Work 32 Taxes 33 Subcontracts 34 Separate Contracts 35 Continuing the Work 36 Changes in the Work or Terms of Contract Documents 37 Supplemental Instructions 38 Field Directives 39 Change Orders 40 Value of Change Order Work 41 No Damages for Delay 42 Force Majeure 43 No Interest 44 Material Safety Data Sheets & Product Data 45 Stop Work Order 46 Cleaning Up; City's Right to Clean Up 47 Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 48 Contingency Allowance 49 Payment and Performance Bond 50 Davis Bacon Act — Not Applicable 51 Pricing and Payment Terms of Contract 52 Materials and Equipment Bid No. 12-13-022 Page Section Article No. Title Page No. No. 53 Method of Award 54 Additions/Deletions of Services Required 55 Estimated Quantities 56 Emergency/ Disaster Performance 57 Contract Hierarchy 58 Third Party Beneficiaries 59 Warranty, Fitness for Purpose 01000 SUPPLEMENTAL CONDITIONS 1 Scope of Work 2 Quality Assurance 3 Environmental Protection 4 Code Compliance 5. Proper Equipment and Operation 6 Landscaping Permit 7 Root Guard 8 Planting 9 Sodding 10 Electrical Work Division 2A - Planting Division 2B- Sodding Division 2C — Electrical Work 76 79 90 86 Attachment A 91 Bid No. 12-13-022 Page INVITATION TO BID NO. 12-13-022 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500 Pan American Drive, Miami, Florida 33133-5504, until 11:00 A.M. on Tuesday, April 16, 2013 for the project entitled: CORAL WAY MEDIANS LANDSCAPING & MAINTENANCE CONTRACT M-0088 Scope of Work: The project consists of complete landscaping and electrical maintenance services for the existing medians along Coral Way (excluding maintenance and trimming of Banyan trees) and the medians along SW 3 Avenue between Coral Way and US-1. The scope of work includes raking, leaf removal and litter pick up on a weekly basis and mowing, trimming foliage, mulching as per plan, reinstalling root guards, planting shrubbery (1 and 3 gal.), and watering the landscaped areas at a frequency schedule as determined by the Engineer. The maintenance also calls for the installation of all electric appurtenances to maintain a working up -lighting system consisting of 423 light fixtures along Coral Way between SW 37 Avenue and SW 12 Avenue on a monthly basis. This project covers approximately 138,400 square feet (3.17 acres) of median surface area. The contract term is for a one (1) year period with the option to renew for four (4) additional — one (1) year periods. Minimum Requirements: Prospective Bidder shall hold a current certified license as a General Contractor from the State of Florida or a Miami -Dade County Business Occupational License in the appropriate trade (Landscaping). An Electrical sub -contractor must be used for the electrical maintenance of the work and a minimum of three (3) years experience is required for the electrical portion of the project. Proof of experience for landscaping and electrical projects may be required for three (3) separate projects of similar size, scope, and complexity, supported by references within the past three (3) years. A performance Bond is required for this project. Bid packages containing complete instructions, plans and specifications may be obtained at the Public Works Department, 444 S.W. 2nd Avenue, 8th Floor, Miami, Florida 33130, Telephone (305) 416-1200 on or after March 18, 2013. Bid packages will be available in hard copy form and a non-refundable fee of $20.00 will be required. A bid package can also be mailed to bidders upon written request to the Department, and shall include the appropriate non-refundable fee plus $10 for shipping and handling using regular U.S. Mail. All bids shall be submitted in accordance with the Instructions to Bidders, Bids must be submitted in duplicate originals in the envelope provided with the bid package. At the time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE" IN ACCORDANCE WITH SECTION 18-74 OF THE CITY OF MIAMI ORDINANCE NO. 12271. Bid No. 12-13-022 Page Bid No. 12-13-022 CORAL WAY MEDIANS LANDSCAPING CONTRACT NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to: City of Miami Public Works Department 444 SW 2nd Ave., 8th Floor Miami, FL 33130 Facsimile No. (305) 416-1278 NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our Company does not handle this type of product/service. We cannot meet the specifications nor provide an alternate equal product. Our Company is simply not interested in bidding at this time. Due to prior commitments, I was unable to attend pre -proposal meeting. Insurance requirements are too excessive. Other. (Please specify) We do do not _ want to be retained on your mailing list for future bids for this type of product and/or service. Signature: Title: Company: Note: This form is for information purposes only. The City of Miami uses this information to update its vendor's list. Bid No. 12-13-022 Page 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ X ] box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. For additional information, please refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS. 2. Scope of Work: The project consists of complete landscaping and electrical maintenance services for the existing medians along Coral Way (excluding maintenance and trimming of Banyan trees) and the medians along SW 3 Avenue between Coral Way and US-1. The scope of work includes raking, leaf removal and litter pick up on a weekly basis and mowing, trimming foliage, mulching as per plan, reinstalling root guards, planting shrubbery (1 and 3 gal.), and watering the landscaped areas (schedule frequency to be determined by the Engineer). The maintenance also calls for the installation of all electric appurtenances to maintain a working up- lighting system consisting of 423 light fixtures along Coral Way between SW 37 Avenue and SW 12 Avenue on a monthly basis. There is no electrical work along SW 3 Avenue between Coral Way and US-1. This project covers approximately 138,400 square feet (3.17 acres) of median surface area, Additional information to the Scope of Work and or supporting documents is found herein and in Attachment A of the Contract Documents. 3. Location of Work: The project is located along SW 22 Street — Coral Way Median from SW 12 Avenue to SW 37 Avenue and along SW 3 Avenue between Coral Way and US-1. The medians are approximately 138,400 square feet (3,17 acres) of maintenance median surface area. 4. Term of Contract: The initial term of the Contract shall be one (1) year, which shall commence ten (10) days after a Notice to Proceed is issued by the City of Miami. The City, at its sole discretion, may opt to renew (OTR) the Contract for four (4) additional one year term periods, pending the availability of funding and contractor's performance. 5. Performance Bond: A Performance and Payment Bond is required for this contract. 6. Subcontractor: The work performed by the Subcontractors cannot be more than 10% of the total work specified in this contract. Bid No. 12-13-022 Page 7 00200, DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Public Works Department — STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS, the intent and meaning shall be interpreted as follows: 1.1. Bidder means any individual, firm, incorporated or unincorporated business entity, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.2. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents and the Procurement Ordinance of the City. 1.3. City means the City of Miami, a Florida municipal corporation, having its principal offices at 444 SW 2nd Ave., Miami, Florida 33130, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission means the governing and legislative body of the City. 1.5. City Manager means the Chief Administrative Officer of the City. 1.6. Contract means the part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.7. Contract Documents Clarification: means any request for additional information or clarification, pursuant to the Cone of Silence, must be received in writing no later than ten (10) calendar days prior to bid opening. Bidders may fax or mail their requests to the attention of Eduardo Santamaria, P.E., CGC, Director of Public Works, 444 S.W. 2nd Avenue, 8th Floor, Miami, Florida 33130. The facsimile number is (305) 416- 1278. 1.8.. Contract Administrator means the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The Contract Administrator for this Project is the Director, Department of Public Works. 1.9. Contract Documents means the Invitation to Bid, specifications, the Notice for Bids, Addenda, if any, the Bid Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by the Contract Documents, are the documents which are collectively referred to as the Contract Documents. 1.10. Contract Value means the original amount established in the bid submittal and award by the City, as may be amended by an eligible and authorized Change Order. 1.11. Contract Period means the original time between commencement and expiration, including any the exercising of any options to renew, established in Article 2 of the Contract, as may be amended by Change Order. 1.12. Contractor means the person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Bid No. 12-13-022 Page 8 Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.13. Field Order means a written order which orders minor changes in the Work but which does not involve a change in the Contract Price. 1.14 Contract Period means the approved set time to complete the project as per bid proposal by set working days. 1.15. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor, 1.16. Materials means materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17. Notice(s) to Proceed means written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Docum ents. 1.18. Program Manager means the City employee designated by the Contract Administrator to provide day to day management of the Project. 1.19, Contract Commencement Date means the date upon which the Contract Period commences. 1.20. Working Day: Refer to Public Works Department STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS. 1.21. Subcontractor means a person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. The work performed by the subcontractors cannot be more than 10% of the total work specified in this contract. 1.22. Surety means the surety company or individual, authorized to transact surety services in the State of Florida, which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.23. Work means the complete landscaping and electrical fixtures maintenance and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. 1.24. Community Small Business Enterprise (CSBE) shall apply only to contracts with a contract value greater than $100,000 and with an on -site labor component greater than or equal to twenty-five percent (25%) of the contract value. For more information, please refer to Ordinance No. 13331. 1.25, Local Workforce Participation requirements shall apply only to public works or improvements contracts with a contract value greater than $100,000 and with an on- site labor component greater than or equal to twenty-five percent (25%) of the contract value. For more information please refer to Ordinance No. 13332, Bid No. 12-13-022 Page 9 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site(s): It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the location site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code ) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify City of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder/Proposer that Bidder/Proposer has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre -Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal binding effect. All questions about the meaning or intent of the Contract Documents are to be directed to the Public Works Director, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130. Requests for clarification or interpretation may also be sent via facsimile to (305) 416-1278 to the Public Works Director, Interpretations or clarifications considered necessary by the City's Public Works Department in response to such questions will be issued by City by means of Addenda mailed or faxed to all parties recorded by the City's Public Works Department as having received the Bidding Documents. A copy of such response will beeforwarded to the City Clerk's Office. Written questions should be received no Tess than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City to respond to questions received less than ten (10) calendar days prior to bid opening. 3. Submitting Bids: All bids must be received in duplicate by the City of Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, Florida 33133, before the time and date specified for bid opening, enclosed in a sealed manila envelope, legibly marked on the outside: BID NO.: BID FOR: 12-13-022 CORAL WAY MEDIANS LANDSCAPING & MAINTENANCE CONTRACT, M-0088 4. Printed Form of Bid: All bids must be made upon the blank City of Miami Bid Form provided herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. Please refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS, Instructions to Bidders, Section 1. 5, Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a Surety meeting the qualifications as specified in Section 6 of the Public Works Department STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS, Instructions to Bidders, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the total bid amount, payable to Bid No. 12-13-022 Page 10 City of Miami, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, and provide the required Performance Bond. The Bidder Awarded this contract will be required to provide a Performance and Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Capital Improvements and Transportation Department for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. Refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS, Section 8. 7. Determination of Award: Except where the City reserves the right to reject any or all bids and subject to other applicable restrictions, the City Commission shall award the contract to the lowest responsive and responsible bidder. Bidders are bidding on a lump sum, not to exceed basis for the purpose of determining the lowest responsive and responsible bidders. However, Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual work performed. The City in its sole discretion reserves the right to award any or all portions of the Bid, in a manner that is in the best interest of the City. In determining the lowest responsive and responsible bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The City reserves the right to reject any bid where the line item pricing is determined to be unbalanced. Such determination will be made at the sole discretion of the City. 8. Evaluation: An interim performance evaluation of the Contractor may be submitted during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the Contractor is forwarded for approval. The City of Miami shall provide a copy to the Contractor. Such performance evaluation(s) will be combined with any previous and future performance evaluations to determine a Contractors performance rating which will be used by the City as a factor in considering the responsibility of the Contractor for future bids with the City. 9. Contract Price: The Contract Value is to include the furnishing of all labor, materials, overhead expense and profit, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. No additional compensation will be allowed. Bid No. 12-13-022 Page 11 10. Postponement of Date for Presenting and Opening of Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Contract. 13. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 13.1. The chemical name and the common name of the substance, 13.2. The hazards or other risks in the use of the substance, including: 13.2.1. The potential for fire, explosion, corrosion, and reaction; 13.2,2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and 13.2.3. The primary routes of entry and symptoms of overexposure. 13.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. 13.4. The emergency procedure for spills, fire, disposal, and first aid. 13.5. A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. 13.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 14. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 15. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a Bid No. 12-13-022 Page 12 standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of the City, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PUBLIC WORKS DEPARTMENT. 16. Protested Solicitation Award: Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-103 of the City's Code describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 17. Financial Stability and Strength: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request, Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above, Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non -responsive. 18. Community Small Business Enterprise ("CSBE") — Ordinance No. 13331: (1) Except where state or federal law, regulations, or grant requirements mandate to the contrary, and subject to reservations or limitations provided in state, federal, or city laws, regulations, or grant requirements, respondents must assign a minimum of fifteen percent (15%) of the contract value to a respondent or to a construction related enterprise currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE"). Respondents shall place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. The adoption of these provisions in the Procurement Ordinance of the City will be deemed an adoption by the City, as herein modified, and as may be amended from time to time of the Miami -Dade County Community Small Business Enterprise ("CSBE") Program, as set forth in Sec. 10-33.01, Sec. 10-33.02, Miami -Dade County Code. The definitions, program components, subcontractor goals, contract measures, certification requirements, enforcement and administrative remedies from Sec. 10-33.02, of the Miami -Dade County Code, as amended, are deemed as being incorporated by reference herein. (2) Five percent (5%) of the bid amount shall be retained by the City for the CSBE participation requirements until said requirements are fulfilled and verified by the City Manager or authorized designee as being fulfilled within six (6) months of contract completion; failure to satisfactorily meet, document, and present to the City Manager or authorized designee the Community Small Business Enterprise ("CSBE") requirements within six (6) months of contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City. (3) The respondent selected as the contractor shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of F.S. 454, 471, 473, or 481. The person performing the verification shall have a minimum of two (2) years of Bid No. 12-13-022 Page 13 prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in the related contract costs. Community Small Business Enterprise ("CSBE") requirements shall apply only to contracts with a contract value greater than $100,000 and with an on -site labor component greater than or equal to twenty-five percent (25%) of the contract value, 19. Local Workforce Participation Requirements — Ordinance No. 13332: (1) Except where state or federal law, regulations, or grant requirements mandate to the contrary, and subject to reservations or limitations provided in state, federal, or city laws, regulations, or grant requirements, respondents must employ a minimum of fifteen percent (15%) of on -site labor from persons residing within the municipal boundaries( e.g. city limits) of the City. The City residency of the onsite labor component will be subject to verification by the issuing department. (2) Five percent (5%) of the bid amount shall be retained by the City for the requirements until said requirements are fulfilled and verified by the City Manager or authorized designee as being fulfilled within six (6) months of contract completion; failure to satisfactorily meet, document, and present to the City Manager or authorized designee the local workforce participation requirements within six (6) months of contract completion, shall result in the forfeiture of the retained amount to the City. This five percent (5%0) retainage is included within the ten percent (10%) retainage normally withheld by the City. (3) For contracts with a bid amount between $1,000,000 and $2,000,000, the contractor shall be required to hold one (1) job fair within the local community for the purpose of encouraging local workforce participation. For contracts with a bid amount greater than $2,000,000, the Respondent shall be required to hold two (2) job fairs within the local community for the purpose of encouraging local workforce participation. The contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce. (4) The respondent shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of F.S. 454, 471, 473, or 481. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in the related contract costs. Local participation requirements shall apply only to public works or improvements contracts with a contract value greater than $100,000 and with an on -site labor component greater than or equal to twenty-five percent (25%) of the contract value. 20. Cone of Silence: Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFB (bids) between, among others: • Potential vendors, service providers, bidders, lobbyists or Consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs; • the Mayor, City Commissioners or their respective staffs and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; Bid No. 12-13-022 Page 14 • potential vendors, service providers, bidders, lobbyist or Consultants, any member of the City's professional staff, the Mayor, City Commissioners or their respective staffs and any member of the respective selection/evaluation committee The provision does not apply to, among other communications: • oral communications with the City purchasing staff regarding Minority/Women Business Enterprise (M/WBE) and local vendor outreach programs, provided the communication is limited strictly to matters of process or procedure already contained in the solicitation document; • the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or • Communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ or bid documents. • Communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at MArcia c(�miamigov.com In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or Consultant shall subject same to potential debarment pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Ordinance No. 12271 for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at (305)-250-5360, to obtain a copy of same. 21. Public Entity Crime: A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public works project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Proposer list. 22. Debarred/Suspended Vendors: An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid No, 12-13-022 Page 15 23. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida: Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami - Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 24. Conflict of Interest: Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. Bid No. 12-13-022 Page 16 00400. PROPOSAL BID FORM: (Page 1of 12) Firm's Name: Submitted on : Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 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: 12-13-022 Title: CORAL WAY MEDIANS LANDSCAPING & MAINTENANCE CONTRACT, M-0088 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. 12-13-022 Page 17 00400. PROPOSAL BID FORM: (Page 2 of 12) 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 A: The sum of item 1, 2, 11 and 13 based on a one (1) year completion time Landscaping Maintenance Work $ Written Amount BASE BID B: The sum of items 9, 10 and 13 based on a one (1) year completion time Electrical Work Written Amount TOTAL BID: The sum of items 1 through 13 based on a one (1) year completion time $ Written Amount. Note to Bidders: The City, at its sole discretion, may award either BASE BID A, BASE BID B, or TOTAL BID, whichever arrangement is best to the City's advantage The City reserves the right to reject any and all bids. Frequency of work is to be determined by the Engineer. The one (1) year term completion time shall be the total time for whichever bid arrangement is awarded by the City. And the City may opt to renew (OTR) the Contract for four (4) additional one (1) year term pending on the availability of funding and the contractor's performance. At the option of the City, the price under Unscheduled Additive Items may be added to the appropriate Base Bid items for determining the total cost of a Work Order and no additional compensation will be allowed. Bid No. 12-13-022 page 18 00400. PROPOSAL BID FORM: (Page 3 of 12) 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 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. 12-13-022 Page 19 00400. PROPOSAL BID FORM: (Page 4 of 12) (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. 12-13-022 Page 20 00400. PROPOSAL BID FORM: (Page 5 of 12) (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 $100,000 (per OMB). 6. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civily charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1,b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami. Bid No. 12-13-022 Page 21 00400n PROPOSAL BID FORM: (Page 6 of 12) Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ No. Bank of for the sum of Dollars ($ ). 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: Signature: Printed Name/Title: City/State/Zip: Telephone No.: Facsimile No.: E-Mail Address: Social Security No. or Federal I.D.No.: Dun and Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: Bid No, 12-13-022 Page 22 00400. PROPOSAL BID FORM: (Page 7 of 12) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation 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 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 , day of , 20 Secretary: Print: 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. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures 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. 12-13-022 Page 23 00400. PROPOSAL BID FORM: (Page 8 of 12) STATE OF COUNTY OF NOTARIZATION SS: The foregoing instrument was acknowledged before me this day of , 20 by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Bid No. 12-13-022 Page 24 1 Rakin leaf removal and litter pick uponuweekly basis for the medians along Coral Way between SW12mAvenue and SW37th Avenue for the entire lengths of the median (246acres). Contractor shall pick up the trash bags immediately after the work is completed. 130,000 Square foot every week 50 2 Mowing, weeding, trimming, herbicide spraying, insect spraying, . the landscaping uoindicated inplan sheet LD-2, and lifter/debris pick up. All maintenance of the 138,400 square feet of median area including all the existing landscaping, for the entire length ofthe project (3.17acres) including Coral Way between SW 12 Ave. to SW 37 Avenue and SW 3 Avenue between Coral Way and US-1, shall be included in this item. Schedule frequency for this item is to be determined by the Engineer. 3 Furnishing all labor, materials and equipment necessary for the planting of1,000 shmb/plant(1-gal) including removal cfdeceased plant, planting anew one ofsame species and size, watering, and mulching for a one year period, along the entire length of the median at locations approved by City Engineer only. NOTE: Atthe option ofthe Cdv.the replacement plant muvbapaid for from the Unscheduled Additive Items orprovided bythe City. 4 Furnishing all labor, materials and equipment necessary for the planting of 1,000 shrub/plant (3-gal) including removal ofdeceased plant, planting anew one ofsame species and size, watering, and mulching for a one year period, along the entire length of the median at locations approved by City Engineer only. NOTE: At the option of the Citv, the replacement plant may be paid for from the Unscheduled Additive Items orprovided hythe City 5 Re -installation of100linear feet ofroot guard system at the medians, ifneeded, unapproved bythe Engineer 138,400 100 Square foot Linear foot � every two weeks 24 1 1 1 * 0 For furnishing all labor, material and equipment necessary for the installation of 500mubic yards of shredded Spanish Gold mulch — 2" deep, or approved equal, on a frequency as approved by the Engineer. 7 For fumiohinguO|ubo�m�ehu|and equipment n000noa��rthe in�aUa�onof50Ocubic yardnc� shredded Red mulch — 2" deep, or approved equal, on a frequency as approved by the Engineer. 500 500 Cubic yard Cubic yard 2 2 8 For furnishing all labor, materials and equipment n000mmry for the installation of1,500square feet of St. Augustine (F|omt m)So|idS d, including fine sand, water, etc, orapproved equal. Refer to DIVISION 28. 1,500 Square foot 1 9 Mantonan000fupproxmato�423o�n�og|�htfi*unm�om�ngaUappu�anonoes.ona monthly basis including amonthly report ofthe condition tnthe City, for acomplete working electrical/ lighting system, Division 2C. 423 � per month 12 Bid No- 12-13-022 O0400 PROPOSAL BID;FORM. (Pge 10 of 12). Total.' Cost Units; *item Cost:° "*frequency iescription 10 11 Complete Installation of one (1) new light fixture, if needed, as shown in detail Division 2C including all electrical work and installation for a complete working system. For furnishing all labor, materials and equipment necessary for the weekly watering of the median landscape plantings from east of SW 37 h Ave to SW 12th Ave, as ordered by the Engineer 1 50 Each Each 1 1 12 For furnishing all labor, material and equipment necessary for the installation of 100 cubic yards of top soil 50-50 mix, or approved equal, on a frequency as approved by the Engineer. 100 Cubic yard 1 13 SPECIAL PROVISION = Contingency Allowance $50,000 Bid No. 12-13-022 Page 26 00400 PROPOSAL BID FORM (Page 11 of 12) aylfem Description Unscheduled Additive Items: At the option of the City, the price below for the items identified by the City Engineer may be added to the appropriate Base Bid item for determining the total cost of a Work Order and no additional compensation will be allowed. 12 Crown of Thorns (12" x 12") — 3 gal. Each $ 13 Dwarf holly (18" x 18") — 3 gal. Each $ 14 Dwarf Bougainvillea (18" x 18") — 3 gal. Each $ 15 Griffith Caricature - Graptopyhllum Pictum (14" x 14") — 3 gal. Each $ 16 Carissa Grandiflora (18" x 18") — 3 gal. Each 17 Bahamian Wild Coffee Psychotria Ligustrifolia (18" x 18") — 3 gal. Each 18 Pentas Laceolata (18" x 18") — 3 gal. 19 Wart Fern - Polypodium scolopendria (12" x 12") — 3 gal. Each Each $ 20 Plumbago (18" x 18") — 3 gal. Each 21 Trinettes - Trinette arbicola (18" x 18") — 3 gal. Each $ 22 23 —Fire Bush - Hamelia patens (18" x18") — 3 gal. Spider Lily—Hymenocallis latifolia (16" x 16") — 3 gal. Each Each $ $ 24 Red Taiwan Dwarf — Ixora "Petite Dwarf" (12" x 12") — 3 gal. Each 25 Wax Jasmine — Jasminum volubile (18" x 18") — 3 gal. Each $ 26 Indian Hawthorn — Raphiolepsis indica "Dwarf" (18" x 18") — 3 gal. Each 27 Green Island Ficus — Ficus microcarpa (16" x 16") — 1 gal. Each 28 29 30 Boston Fern — Nephrolepsis exaltata (8"x 8")- 1 gal. Croton - Codiaeum variegatum'Mammy' (18" x 18") — 3 gal. Amerlux 3.5" SSL Accent luminaire Each Each Each $ Bid No. 12-13-022 Page 27 00400. PROPOSAL BID FORM: (Page 12 of 12) SUB -CONTRACTORS Contractor shall identify below all Sub -Contractors, Categories shall be added as necessary, If no Subcontractors are to be used, insert the word "Self" in the spaces under "Name of Subcontractor". The work performed by all subcontractors listed below cannot be more than 10% of the total work for this contract. NAME OF TYPE OF WORK SUB -CONTRACTORS 1. Landscaping/Planting 2. Electrical Work 3. 4. 5. 7. SUBCONTRACTOR'S COUNTY -MUNICIPAL OCCUPATIONAL LICENSE NUMBER Bid No. 12-13-022 Page 28 00410. BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade) SS City of Miami ) KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal, as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 20 , for: CORAL WAY MEDIANS LANDSCAPING & MAINTENANCE CONTRACT, M-0088 Bid No. 12-13-022 NOW THEREFORE: (a) If the principal shall not withdraw said bid within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue, Bid No. 12-13-022 page 29 00410. BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this day of , A. D., 2013, the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal.) Affix Seal PRINCIPAL: (Name of Firm) (Signature of authorized officer) (Title) (Business Address). City State Surety: Zip (Corporate Surety) Affix Seal Surety Secretary (Signature of Authorized Officer) (Title) (Business Address) City State Zip (Name of Local Insurance Agency) Address Telephone Number Bid No. 12-13-022 Page 30 00410. BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the within bond; that of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. STATE OF FLORIDA ) COUNTY OF DADE ) SS City OF MIAMI (Corporate Seal) Before me, a Notary Public duly commissioned, and qualified, personally appeared to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the and that he/she has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders day of A. D., 20 . Notary Public, State of Florida at Large My Commission Expires: Bid No. 12-13-022 Page 31 00500. SUPPLEMENT TO BID FORM: QUESTIONNAIRE THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, SUBMISSION OF THE FORM OR ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, MAY BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. FAILURE TO SUBMIT THE FORM OR ADDITIONAL INFORMATION UPON REQUEST BY THE CITY SHALL RESULT IN THE REJECTION OF THE BID AS NON -RESPONSIVE. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations? License/Certification/Registration Name and Number # Years 1A. What business are you in? 2. What is the Last project of this nature that you have completed? 3. Have you ever failed to complete any work awarded to you? If so, where and why? 4. Give owner names, addresses and telephone numbers, and Surety and project names, for all projects for which you have performed work, where your Surety has intervened to assist in completion of the project, whether or not a claim was made. 5. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: (name) (address) (phone #) (name) (address) (phone #) (name) (address) (phone #) Bid No. 12-13-022 Page 32 6. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co -venture, list the information for all co -venturers.) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE (Continue list on insert sheet, if necessary.) 7. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Yes No 8. Will you subcontract any part of this Work? If so, provide the following details for each subcontractor(s) that will perform work in excess of ten percent (10%%) of the contract amount. (Attach additional sheets if necessary) Subcontractor Approx. M/WBE Description of Work Name Percentage Status The foregoing list of Subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 9. What equipment do you own that is available for the Work? 10. What equipment will you purchase for the proposed Work? Bid No. 12-13-022 Page 33 11. What equipment will you rent for the proposed Work? 12. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work.. 13. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 13.1 The correct name of the Bidder is 13.2 The business is a (Sole Proprietorship) (Partnership) (Corporation), 13.3 The address of principal place of business is 13,4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Bid No. 12-13-022 Page 34 13,5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 13.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. 13,7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 13.8 List all claims, arbitrations, mediations, civil actions, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. 13.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. Bid No. 12-13-022 Page 35 13.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details, 13.11. Under what conditions does the Bidder request Change Orders? 13.12. What is the nature and amount of the three largest change orders submitted by the bidder within the past five years, and their disposition? Bid No. 12-13-022 Page 36 00502. SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 2) Contractors shall furnish the names, addresses, and telephone numbers of a minimum of five (5) firms or government organizations for which the Contractor has provided services for projects of similar size, scope and complexity over a three (3) year period. 1) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 2) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. Bid No. 12-13-022 Page 37 00502. SUPPLEMENT TO BID FORM; CUSTOMER REFERENCE LISTING (Page 2 of 2) 5) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 6) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 7) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 8) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. Bid No. 12-13-022 Page 38 00510. OFFICE LOCATION AFFIDAVIT (Page 1 of 2) Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI. Legal Name of Firm: Entity Type: (Check One) Partnership Sole Proprietorship Corporation Corporation Document No: Date Established Occupational License No: PRESENT Street Address: Date of Issuance c5ffice l_ocaft f Esta fi hme rt a� ie..l I'd rf ro bseflj City: State: How long at this location: PREVIOUS Street Address: City: State How long at this location: According to Section 18-85 of the City of Miami Code, as amended: The "City Commission may offer to a responsible and responsive local bidder, who maintains an office in the City of Miami, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local bidder does not exceed 110 percent of the lowest other responsible and responsive bidder." The intention of this section is to benefit local bona fide bidders/proposers to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/proposers by this section. Bid No. 12-13-022 Page 39 00510. OFFICE LOCATION AFFIDAVIT (Page 2 of 2) Authorize Signature Authorized Signature Print Name Print Name Title Title Authorized Signature Authorized Signature (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF MIAMI-DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My Commission Expires: Please submit with your bid copies of Occupational License, professional and/or trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify the location of the firm's office. Bid No. 12-13-022 Page 40 00600 CONTRACT By and Between CITY OF MIAMI And This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of , 2015, but effective beginning after a Notice to Proceed is issued by the Department's Director, in accordance with the Contract Term set forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and whose principal address is , (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on , 2015, the City Commission accepted the competitive bid of to provide complete landscaping and electrical maintenance services for the existing median along CORAL WAY (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of one (1) year, (365 calendar days), with up to four (4) 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 landscaping and electrical services, for the Contract Term set forth in Article 7 below and for the project entitled: Coral Way Medians Landscaping & Maintenance Contract — M-0088 Bid No. 12-13-022 Page 41 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 The City Manager or his Designee, at their discretion, may exercise the four (4) additional one (1) year options to renew and the funding shall be as follows: The first option to renew in the annual amount of during Fiscal Year The second option to renew in the annual amount of during Fiscal Year The third option to renew in the annual amount of during Fiscal Year The fourth and final option to renew in the annual amount of during Fiscal Year ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before the 10th day of each calendar month, the City shall make partial payments to the Contractor on the basis of the estimate of work performed by the Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager. (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications or by the Contractor have been furnished and are found acceptable by the City, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the City. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the 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 Bid No. 12-13-022 Page 42 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: Elyrosa Estevez, PE M-0088 ARTICLE 7. THE CONTRACT TERM: The original Contract Term is for one (1) year (365 calendar days) effective ten (10) days after Notice to Proceed is issued by the Department's Director. The City has up to four (4) options to renew the term of the Bid No. 12-13-022 Page 43 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 four 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 The term for the second option to renew shall be one (1) year during fiscal year The term for the third option to renew shall be for one (1) year during fiscal year The term for the fourth option to renew shall be for one (1) year during fiscal year The terms for all four (4) options to renew shall begin after Notice to Proceed is issued by the Department Director. ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and is subject to amendment or termination due to lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice. ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Eduardo Santamaria, P.E., CGC City of Miami Director of Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 With copies to: For Contractor: Bid No. 12-13-022 Page 44 ARTICLE 10. PUBLIC RECORDS REQUEST Pursuant to the provisions of § 119.0701 Fla. Stat. Contractor must comply with the Florida public records laws, specifically the Contractor must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. ARTICLE 11. 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 12. 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 13. 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 Bid No. 12-13-022 Page 45 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 14. 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 15. 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 15 above. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract*. WITNESS: (If Corporation, CONTRACTOR: attach Seal and Attest by Secretary) Party of the second part BY: BY: Print Name: Corporate Secretary Print Name : Print Title: *BECAUSE CONTRACl'OR IS A CORPORATION, THERE SHALL BE AI 'ACHED TO EACH COUNTERPART AS ATIACFIMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRAC1' TO DO SO ON ITS BEHALF. Bid No, 12-13-022 Page 46 (SEAL) (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Todd B. Hannon Daniel J. Alfonso City Clerk City Manager RESOLUTION NO. APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: ENGINEERING: Eduardo Santamaria, P.E., CGC Ann -Marie Sharpe, Director Director, Public Works Risk Management APPROVED AS TO FORM AND CORRECTNESS Victoria Mendez City Attorney Bid No, 12-13-022 Page 47 00710. FORM OF PERFORMANCE BOND (Page 1of 3) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No: 12- 13-022, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or Bid No. 12-13-022 Page 48 00710. FORM OF PERFORMANCE BOND (Page 2 of 3) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price,' as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 Bid No. 12-13-022 Page 49 00710. FORM OF PERFORMANCE BOND (Page 3of 3) WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: Bid No. 12-13-022 Page 50 00720. FORM OF PAYMENT BOND (Page 1of 3) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No. 12- 13-022, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety Bid No. 12-13-022 Page 51 00720, FORM OF PAYMENT BOND (Page 2 of 3) (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2,4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95,11,Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: Contractor (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 Bid No. 12-13-022 Page 52 00720. FORM OF PAYMENT BOND (Page 3 of 3) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: Bid No. 12-13-022 Page 53 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation (SEAL) STATE OF FLORIDA SS COUNTY OF MIAMI-DADE Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by Bid No. 12-13-022 Page 54 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Banks No. Beneficiary: Applicant: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Amount: We hereby authorize you to draw on in United States Funds Expiry: (Date) Bid/Contract Number (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Bid No. 12-13-022 Page 55 00735, PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Bid No. 12-13-022 Page 56 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 one (1) year, commencing three (10) calendar days after Notice To Proceed. The City shall have the option to extend the Contract for four (4) 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. 12-13-022 Page 57 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. 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. 12-13-022 Page 58 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 .. VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. Bid No. 12-13-022 Page 59 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 The Licensee shall indemnify, protect, defend, release, and hold City, its officers, officials, employees, agents, representatives, and servants (collectively, the "Indemnitees") harmless from and against all claims, damages, liabilities, civil actions, statutory or similar claims, injuries and losses, including but not limited to reasonable attorneys' fees and court costs, incurred by any and all of the lndemnitees in relation to Licensee's Scope of Work at the Property, incurred to the Property or to anyone on the Property as a result of negligent actions or omissions taken by the Licensee, any of its agents, employees, representatives, contractors, sub -contractors, or consultants performing the Scope of Work or any other activities on Licensee's behalf or even if it is alleged that the City, its officials and/or employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employees. Licensee hereby voluntarily and knowingly waives any and all claims against the lndemnitees for personal injuries or property damages sustained by the Licensee, its agents, employees, representatives, contractors, sub- contractors or consultants arising out of or related to the activities undertaken by the Licensee, its agents, employees, representatives, contractors, sub -contractors, or consultants upon the Property or in connection with the purpose and releases the Indemnities from any and all claims and liabilities in connection therewith. This indemnity provision shall be construed as being in accord with §725.06 and §725.08, Fla. Stat., commence on the Effective Date and shall survive the termination or expiration of this Agreement, as applicable. Licensee acknowledges that the grant of this Agreement is good, separate and distinct consideration afforded by the City for this Indemnification. 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. 8. Insurance Requirements: 8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 8.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000.00 Dollars each bodily injury caused by disease, policy limit. 8.1.1,2 Waiver of subrogation 8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. General Aggregate Limit of Two Million Dollars ($2,000,000,00). Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X j 8.1.2.1. Premises and/or Operations. Bid No. 12-13-022 Page 60 [ 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 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.Personaland 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: 8.1.3.1. Owned Vehicles. 8.1.3.2. Hired and Non -Owned Vehicles. 8.1.3.3. Employers' Non -Ownership. 8.1.3.4. Employees included as insured 8.1.3.5. City of Miami as Additional Insured [X ] 8.1.4. Umbrella Policy 8.1.4.1. 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). 8.1.4.2. Products/Completed operations aggregate limit of Two Million Dollars ($2,000,000). Bid No. 12-13-022 Page 61 [] Excess coverage over the policies as follows: Commercial General Liability Ak Business Automobile Liability 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 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, fuel, 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. Bid No. 12-13-022 Page 62 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. 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, or as determined by the Engineer. 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 Bid No. 12-13-022 Page 63 prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 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. Bid No. 12-13-022 Page 64 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. 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 Bid No. 12-13-022 Page 65 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, 18.2. If in the course of prosecuting the Work, the Contractor finds any issues or conditions affecting the performance of the Work, it is their duty to immediately inform the Project Manager, in writing, and the Project Manager will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 18.3. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the superintendent and the superintendent's supervisor. 19. Methods Of Performing The Work 19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its completion within the approved schedule, or if, in the opinion of the Project Manager, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the progress schedule accepted by or determined by the Project Manager, the Project Manager shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to insure completion of the Work within the specified schedule. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. 19.2. Where materials or equipment are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager. 20. City's Right to Terminate Contract: 20.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the commencement date as indicated in the Notice to Proceed, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor, within a period of five (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 Bid No. 12-13-022 Page 66 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 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(sl 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. Bid No. 12-13-022 Page 67 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.All 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. 12-13-022 Page 68 Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed the City has Issued a notice to City and Contractor a notice of Final Acceptance, 27,4 Contractor must adhere to the applicable environmental protection guidelines for the duration of the Contract. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. 27.5. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards. 27.6 If an emergency condition should develop during the Work, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 28. Warranty of Materials: Contractor warrants to City that all materials furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 29. Manufacturer's Instructions 29.1. The Contractor shall: 29.1.1. Comply with manufacturer's requirements for the handling, delivery and use of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions and MSDS documents to the City. 29.1.2. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract. 29.1.3. Inspect materials prior to use and reject materials not meeting the requirements of the Contract Documents. 30, Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract. All material and equipment furnished shall be fully guaranteed by the successful Bidder against 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. 12-13-022 Page 69 31.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the Project Manager, the City shall have the authority to cause the defective Work to be corrected, 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. 12-13-022 Page 70 Work in a satisfactory mariner. 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. 12-13-022 Page 71 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. 12-13-022 page 72 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 11 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. 12-13-022 Page 73 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 guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this bid. Said engineering estimate may be used by the City for purposes of Bid No. 12-13-022 Page 74 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. 12-13-022 Page 75 01000 SUPPLEMENTAL CONDITIONS 01001 SCOPE OF WORK • Landscaping: The work included in this project consists of the complete landscaping maintenance services along the Coral Way Median and SW 3rd Avenue between Coral Way and US-1. The frequency of this work is to be determined by the Engineer. The work includes the mowing, trimming, litter pick up, herbicide and insect spraying, mulching, installation of top soil, reinstalling root guards, planting shrubs of 1 and 3 gallons, and watering the existing landscaping. In addition, raking, leaf removal and litter pick up on a weekly basis will be along Coral Way between SW 12th and SW 37th Avenue only. • Planting: The work included in this project consists of planting 1,000 — 1 gal or 3 gal. shrubs: The price bid shall be full compensation for furnishing all necessary labor, materials, water, fuel, tools, and equipment for performing the planting of the shrubs as indicated in the plan sheets, and for the establishment period of one (1) year as described in Section 2C.02. Water and fertilized according to Division 2A- Planting. Planting shall be coordinated with the City Engineer and no additional compensation will be allowed. The list of the plant selection is found in Division 2A- Planting. The price for the Additive Items is not part of this item. The prices for Additive Items are to be used for the City Engineer as reference only and no additional compensation shall be allowed. • Electrical: This work covers the median area, curb to curb including the electrical fixtures installed within the median. The electrical work shall consists of maintaining approximately 423 electrical fixtures, light bulbs, and light covers in a "working" condition. This electrical maintenance work is based on a monthly basis and requires the Contractor to provide a monthly condition report of all the lights and the system in general. If any electrical work is required due to malfunctioning or vandalism of a light fixture, the contractor shall include in the bid price for installation of one (1) light fixture, all appurtenances for removing the old one, installing the electric unit, reconnecting and performing all required work by a certified electrician for a complete working system and no additional compensation shall be allowed. Refer to Division 2C - Electrical Work. The 423 light fixtures must work and stay lighted during night hours for the entire contract term. 1.1- LOCATION The project is located along S.W. 22 Street/"Coral Way" between S.W. 37 Avenue and S.W. 12 Avenue and along SW 3rd Avenue between Coral Way and US-1. 1.2- PAYMENT ITEM SPECIFICATIONS DETAILS 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. Item 1 : The price bid shall be full compensation for furnishing all necessary labor, materials, water, diesel, tools, and equipment for performing a complete landscaping maintenance for raking, leaf removal and litter pickup of 2,46 acres of median along Coral Way from SW 12th Avenue to SW 37th Avenue on a weekly basis. Item 2 : The price bid shall be full compensation for furnishing all necessary labor, materials, water, diesel, tools, and equipment for performing a complete Bid No. 12-13-022 Page 76 landscaping maintenance of 3.17 acres of medians along Coral Way (12-37 Avenue) and SW 3rd Avenue from Coral Way to US-1, and the frequency of work is to be determined by the Engineer. Item 3 : Planting 1,000 — 1 gal. shrubs: The price bid shall be full compensation for furnishing all necessary labor, materials, water, diesel, tools, and equipment for performing the planting of a 1- gallon shrub as indicated in the plan sheet LD-2. Item 4 : Planting 1,000 — 3 gal. shrubs: The price bid shall be full compensation for furnishing all necessary labor, materials, water, diesel, tools, and equipment for performing the planting of a 3- gallon shrub as indicated in the plan sheet LD-2. Item 5: Installation of Root Guard System: The price bid shall be full compensation for furnishing all necessary labor, materials, tools, and equipment for performing all work required including all other appurtenant and miscellaneous items and work for installing 100 linear feet of root guard system. Contractor may use Root Solutions, or approved equal. Item 13: Special Provisions — To provide a fund for contingent work described below, the Contractor shall include in his Proposal the Cash Allowance Sum of Fifty Thousand Dollars ($50,000.00). These funds shall be used to pay for the following when not provided for in the Specifications or in another Item of the Proposal. A. The necessary adjustments or relocation of Miami -Dade owned water mains only as directed by the Engineer. B. The adjustments, removal or reconstruction of any City -owned structures not specifically mentioned in the Specifications. C. Other unforeseen surface or underground adjustments or additional work not included in the Specifications. D. Uniformed Police* *Provision for Item "D" is further specified in this Division under UNIFORMED POLICE. The amount of such construction adjustments, services and/or work are estimates only and shall be done only as directed by the Engineer, who shall approve all charges which will be paid for from the respective portion of the Provisions for Special Items. Any portion of said Allowance not used will be withheld from Contract Payments. The Contractor is referred to Section 3-2 of the General Conditions. 01002. QUALITY ASSURANCE 2.1 All landscaping contractor, subcontractor, or any and their employees engage in any type of landscaping installation, care or maintenance must be directed and supervised by a certified landscape contractor. This will require a landscape professional or a competent superintendent (in the field at all times). 2.2 All Work shall be performed using superior maintenance standards and techniques. 01003. ENVIRONMENTAL PROTECTION Contractor shall comply with Chapter 17, Environmental Preservation of Miami City Code, and City Ordinance 12636. Any violation of this Code the contractor will be sole responsible for the damages and no additional charges will be allowed. Bid No. 12-13-022 Page 77 01004, CODE COMPLIANCE All Work shall comply with the South Florida Building Code, City of Miami Code, and Miami -Dade County Code. Contractor shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act as well as any other requirements specified in the Contract Documents. 01005. PROPER EQUIPMENT AND OPERATION The contractor shall comply with the National Environmental Policy Act (NEPA) and Noise Control regulation, local and The City Code. 01006. LANDSCAPING PERMIT The Florida Department of Transportation (FDOT) may require the issuance of a "no -fee" permit for this project. The Contractor will be required to obtain the "no -fee" permit from the FDOT UTILITY Permit Section prior to the start of any construction. The City will assist, to the extent permitted by law, in the application process of the permit. 01007. ROOT GUARD Shade trees planted within the public right-of—way and within close proximity of sidewalks or curbs will require root barriers, i.e., sections of metal pipe or root deflectors under the product name of "Root Solutions", or approved equal. 01008. PLANTING — See attached Division 2A. 01009. SODDING — See attached Division 2B. 01010. ELECTRICAL WORK See attached Division 2C. Bid No. 12-13-022 Page 78 DIVISION 2A PLANTING 2A.01 PLANTING GENERAL The Contractor shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. I. SCHEDULING OF WORK: The work shall be as coordinated with other contractors as to prevent any conflicts as to scheduling with others. II. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman who is to be available at the jobsite during the course of the work. III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting areas or plant pits, the Contractor shall ascertain the location of all electrical cables, all conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any subsurface improvements. In the event any are uncovered, the Contractor shall promptly notify the City Engineer, who shall arrange to relocate the plant material, if possible. The Contractor shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. IV. CLEAN UP: A. If the Contractor fails to clean up, the City may do so and the cost thereof shall be charged to the Contractor. V. SUBMITTALS: A. Unit Prices: The unit prices bid will serve as the basis for any required addition or deletion to the Contract. B. Materials: Submit four samples each with corresponding certificates of compliance from the product manufacturer or supplier for planting soil, fertilizer (analysis card), mulch, galvanized steel banding, turn buckles, guy wires and painted sample of wood braces. Submit these within thirty (30) days after award of Contract. C. Schedule: A detailed sequence of planting shall be submitted to the City by the Contractor. Submit revised schedule when departure from same is necessary. D. Maintenance Guidelines: Submit detailed maintenance guidelines covering fertilization, watering, spraying, trimming, mulching, and any other pertinent issues related to landscape work required to ensure viability of plant material. Submit maintenance guidelines sixty (60) days after award of Contract for review by the City or his representatives. 2A.02 MATERIALS I. COMMERCIAL FERTILIZER: Bid No. 12-13-022 Page 79 A. Shall be delivered to the site in the original unopened containers, each bearing the manufacturer's analysis. B. Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC-FLORIDA EAST COAST FERTILIZER & CHEMICAL, unless noted otherwise, or equal. II. PLANT MATERIAL: A. Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and groundcovers. B. Plant species shall conform to those indicated on the drawings and in these Specifications. C. Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests, or their eggs and shall have healthy normal root systems. Plants shall be nursery grown stock, except for site transplanted material or freshly dug, balled and burlap plants. D. All plants shall have been transplanted or root pruned at least once in the three years previous to contract date. Root bound container plants will not be accepted. E. Collected palms shall be heeled in the nursery for no less than three months prior to final planting. F. All plant material not otherwise specified as being Florida Fancy of Specimen shall be Florida No. 1 or better quality graded in accordance with "Grades and Standards for Nursery Plants" published by the State of Florida Department of Agriculture. G. Caliper measurement, height measurement, height relation to caliper, spread, bare root and ball dimensions, number of canes, types of vines and ground covers, etc., shall conform to the applicable standards given in "USA Standard for Nursery Stock 260.1", sponsored by the "American Association of Nurserymen, Inc.". H. Plants specified shall be used, substitutes will not be allowed unless sufficient evidence is submitted in writing, indicating plant unavailability. The Contractor is to submit suggested listing of substitutes for review and comment by the City Engineer. No substitutions shall be made unless approved in writing. Said substitutes shall be submitted no less than five (5) days after Award of Contract. I. Any materials and/or work may be rejected if; in the opinion of the City Engineer such does not meet the requirements of these Specifications. All rejected materials shall be promptly removed from the site by the Contractor at his expense. J. Plants existing on the site and transplanted by the Contractor shall be subject to Contractor's Guarantee. K. Plants used where symmetry is required shall be matched as nearly as possible. The Contractor shall tag all trees and palms at the nursery for review by the City Engineer. The tagging for review shall be made no less than forty five (45) days prior to the projected installation date. All material shall be clearly identified by the use of colored vinyl tapes. The Contractor shall tag 10% more than the quantities required and give five (5) days' notice minimum prior to nursery visit. Bid No. 12-13-022 Page 80 III. SOIL MOIST POLYMERS Provide Soil Moist acrylic copolymers at the rate specified in 2B.03.III.F to each planting pit/tree or palm planting location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305) 247-1521. IV. PLANTING SOIL: Shall be as follows: 50%o Muck 50% Coarse Silica Sand Or as indicated in the plans. V. MULCH: Shall be as indicated in the Bid proposal (Spanish Gold or Red Mulch). No substitution shall be allowed. 2A.03 EXECUTION I. SHIPMENT AND DELIVERY: A. The Contractor shall notify the City Engineer 48 hours in advance, when plant material is to be delivered. B. Plant material shall be protected from weather, adequately packed to prevent breakage and drying out during transit. C. Plants shall not be planted on job until they have been inspected at receiving site, and accepted by the City Engineer. Plants which do not meet specifications for quality herein stated, or plants that show improper handling, or arrive on site in an unsatisfactory condition shall be rejected. Rejected plants shall immediately be removed, disposed of by the Contractor and approved nursery stock of like variety, size and age shall be replaced by him without additional compensation, D. Final acceptance of plant material will be given only after material is planted and after meeting requirements prescribed herein. II. GUYING AND STAKING: A. All guying and staking shall be indicated in the Specifications. B. It shall be the Contractor's responsibility to prevent plants from falling of being blown over, to restraighten and replace all plants which are damage. Plants blown over by high winds shall not be caused for additional expense to the City, but shall be the responsibility of the Contractor. Damaged plants shall be replaced by the Contractor at no additional expense to the City, except the Bid No. 12-13-022 Page 81 Contractor shall not be held responsible for the loss or death of any tree, shrub or plant , after being properly planted, as a result of hail storms, lighting, flood, fire or other acts of providence beyond his control. III. PLANTING OF TREES AND PALMS: A. Except as otherwise specified, the Contractor's work shall conform to accepted horticultural practices as used in the trade. B. Plants shall be protected upon arrival at the site by being thoroughly watered and properly maintained until planted. Plants shall be planted within 24 hours after arriving at site. At all times, workmanlike methods customarily in good horticultural practice shall be exercised. C. Before digging holes or beds, the location and/or arrangement of the planting shall be staked by the Contractor and accepted by the City Engineer. The staking should be ready for inspection at least FIVE (5) days prior to the projected planting date. The stakes shall be #7 Rebar, at least 18" in length and painted with bright red paint. D. The existence and location of underground utilities if shown on the plans are not guaranteed and shall be investigated and verified in the field by the vicinity of existing structures and utilities shall be carefully done. The Contractor shall be held responsible for any damage to, and for maintenance and protections for existing utilities and structures. E. All circular pits with vertical sides shall be excavated to sizes and depth as shown in the Specifications (Misc. 17-293-4) and backfilled with planting soil. The contractor shall test fill all tree/palm pits with water before planting to assure proper drainage and that percolation is available. Pits which are found not to be adequately draining shall be backfilled with coarse gravel or crushed rock. No allowances will be made for lost plants due to improper drainage. F. Backfill with the specified planting soil mix and incorporate a minimum 6 ounces to 9 ounces of Soil Moist acrylic copolymers evenly spread around and adjacent to the rootball mid -way in depth. The final level of the ground and that of the sod shall conform to the surrounding grade. G. The plants shall be set on prepared planting soil backfill brought to a height permitting planting at the same depth the plants grew in the nursery. Upright plants shall be kept in a vertical position. All plants shall be handled by earthy ball only. Handling by the plant itself will be caused for rejection of such plants. Bid No. 12-13-022 Page 82 H. After placing the plant in the pit, the backfill shall be watered and firmly tampered to ensure backfill mixture in and about all the roots. All backfill mixture shall be such that no plants will settle lower than the depth indicated on the drawings. I. After filling half way on the earth ball, the burlap shall be loosened and laid back off the top of the ball, or if too bulky, cut away and removed, after which the balance of the pit shall be backfilled and tamped. J. All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance. The Contractor shall provide the means where water lines are not available. K. Apply fertilizer to planting beds and saucer areas as follows: Trees: One pound per inch trunk diameter. Spread fertilizer evenly about the base. Thoroughly water plants before and after fertilization then mulch. Lo Two (2) inches of mulch shall be placed between and around all plant material within 24 hours after any planting. For individual plants, the mulch shall be spread to cover the saucer area. When in place, the mulch is to be watered thoroughly. M. Pruning shall be done at the time of planting and with due regarded to the natural form and growth characteristics of each species. All cuts over'/2 inch diameter shall be painted with an acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted. N. During the course of planting, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all structures and plants. When planting in an area that has been completed, the area shall be thoroughly cleaned up. IV. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE: A. Maintenance shall begin immediately after each plant is planted and shall continue throughout the course of operations on the site. 1. Plants shall be watered by hose soaking thoroughly each day for the first two weeks (14 calendar days) and every other day for the following two week period. Soaking then shall continue on a twice weekly basis for another period of three weeks, amounting to a total of 45 days after installation. At the end of this hose soaking period, earth saucers shall be collapsed leaving the guying and/or staking in place, in accordance with these specifications. B. Plant maintenance shall include watering, pruning, spaying, dusting, weeding, cultivating, mulching, tightening, staking, fertilizing and repairing of braces and guys, replacement of sick or dead plants, resetting plants to proper grades or upright position and restoration of the planting saucer, and all other care needed for the planting saucer, and all other care needed for proper growth of the plants. All trees and palms shall be watered by hand hosing as follows: Bid No. 12-13-022 Page 83 Once a day for the first three weeks after planting and three times per week thereafter until inspection for acceptance. C. Spraying and Dusting: During the maintenance period and up the issuance of certificate of final acceptance, the Contractor shall do all seasonal spraying and/or dusting of plant material. The materials and methods shall be in accordance with highest standard nursery practices and in accordance with all regulatory agencies having jurisdiction. D. Protection: Planting areas and plants shall be protected against trespassing and damage. If any plants become damaged or injured, they shall be treated or replaced as directed. No work shall be done within or over planting areas or adjacent to plants without proper safeguards and protection. E. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with topsoil, tamping and re -fertilizing by the Contractor at his expense if such damage occurs prior to acceptance by the City Engineer. V. INSPECTION FOR ACCEPTANCE A. Upon completion of all planting, an inspection for acceptance of work will be held. The Contractor shall notify the City Engineer for scheduling of the inspection five (5) days prior to the anticipated inspection date. Partially completed portions will not be inspected. It is the Contractor's responsibility to ensure that the work is completed and ready for inspection before calling for same. B. At the time of acceptance for inspection, if the materials are in whole or in substantially acceptance, a written notice will be given by City Engineer that the guarantee period begins from the date of the inspection. C. In case substantial numbers of plants are sick or dead at the time of inspection, acceptance will not be granted and the Contractor's responsibility for maintenance of all the plants shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new plants and shall be planted in the same manner. Said replacements are to be made within five (5) days of said inspection. D. After the inspection for acceptance is made and the work is found to be acceptable, the Contractor shall continue to hand water all trees and palms three times a week for four (4) weeks. VI. PLANT GUARANTEE AND REPLACEMENT A. Guarantee: All plant materials including site relocated material shall be guaranteed for a period of one year after the date of inspection for acceptance. All plant materials shall be alive and in satisfactory growth at the end of the guarantee period. Bid No. 12-13-022 Page 84 B. Replacements: During the guarantee period, there shall be monthly inspections between the Contractor and the City or his representative to ascertain the viability of the plant material. Any plant that is missing, dead or fails to become established due to Contractor's negligence shall be replaced at no cost to the Owner within ten (10) days after the monthly inspection. At the end of the guarantee period, the Contractor shall notify the City that the project is ready for final inspection. Any plant that is not alive or fails to show satisfactory growth or is missing due to Contractor's negligence will be removed and replaced at no cost to the Owner. All replacement after the final inspection shall carry a six (6) months replacement guarantee. Replacements shall be made within ten (10) days after final inspection. C. Materials and Operations: All replacements shall be plants of the same kind and size specified in the Plant Schedule. They shall be furnished and planted as specified with the cost borne by the Contractor. Please refer to the attached plant schedule. Bid No. 12-13-022 Page 85 DIVISION 2B SODDING 2B.01 SODDING GENERAL The other Contract Documents complement the requirements of this section, I. SCHEDULING OF WORK: The work shall be as coordinated with other Contractors as to prevent any conflicts in scheduling with others. II. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman. III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of sodding areas, the Contractor shall ascertain the location of all electrical cables. All conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any surface improvements. The Contractor shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. IV. CLEAN UP: A. The Contractor at all times shall keep the premises free form accumulation of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all waste materials and rubbish from the project site as well as all his tools, construction equipment, machinery and surplus materials and shall clean all surfaces and leave the project site "broom clean". B. If the Contractor fails to clean up, the Owner may do so and the cost thereof shall be charged to the Contractor. V. SUBMITTALS: Submit samples of planting soil blanket mix and four (4) samples each of the Certificates of Compliance, fertilizer analysis tags, and sod certification. Provide said submittals thirty (30) days after Award of Contract. 2B.02 MATERIALS I. SOIL BLANKET: As supplied by MORRIS MAGIC SOIL or equal. Soil shall be 40% everglades peat and 60% fine lawn sand thoroughly mixed. No site mixing shall be allowed. 11. COMMERCIAL FERTILIZER: Mix #2024 (10.8.6) as supplied by ATLANTIC - FLORIDA EAST COAST FERTILIZER & CHEMICAL, or equal. Fertilizer shall be delivered to site in unopened containers which shall bear manufacturer's guaranteed statement of analysis or a manufacturer's Certificate of Compliance covering analysis. Furnish guarantee statement of certificate of compliance to the Owner or his representatives. III. SOD: A. Sod shall be St. Augustine Grass (Floratam) Solid Sod. B. All sod shall be of firm texture, having a compacted growth and good root development. Sod shall contain no weeds or objection vegetation, and be free from Bid No. 12-13-022 Page 86 fungus, vermin or diseases. Before being cut and lifted, sod shall be mowed three (3) times with the final mowing not more than a week before cutting into uniform dimensions. Certifications as to type of grass and other requirements shall be made and submitted to the Owner or his representative. IV. SAND: Provide clean, fine sand. V. WATER: Potable. The Contractor is responsible for providing water even if none is available on the site. 2B.03 EXECUTION I. GENERAL: Fine grades all lawn and planting areas. II. SODDING: Under this section, the Contractor shall perform the preparation of the areas to be sodded as herein specified. A. The Contractor shall remove all existing grasses and weeds from the areas to be sodded. The Contractor shall smooth out all areas to establish an even grade for sod planting. All areas shall be graded to drain. B. Remove all rock or foreign material one inch or greater in diameter and lay 2 inches of soil blanket uniformly and thoroughly incorporated into top most 4 inches of soil. C. Surface shall be rolled to achieve a smooth, even shape and grade. During the rolling, all depressions caused by settlement or rolling shall be filled with by additional topsoil and the surface shall be regraded and rolled until presenting a smooth and even finish. D. The Contractor should call for an inspection for approval of graded areas prior to sodding. E. Water the soil 24 hours prior to sodding. F. Sod panels shall be laid tightly together with staggered joints so as to make a solid lawn area. Immediately following sod laying, the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered immediately. During delivery, prior to and during the planting of the lawn area, the sod panels shall at all times be properly protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting, so as not to be damaged by sweating or excessive heat and moisture. G. After sod has been planted and rolled, thoroughly water and fertilize at the rate of ten (10) pounds per 1,000 square feet of area. Thoroughly water all sodded areas. H. The finished level of sod areas after rolling and tamping shall be '/2 inch below the top of abutting paved areas. Bid No, 12-13-022 page 87 I. During the sodding operations, excess and waste materials shall be removed daily. All reasonable precautions shall be taken to avoid damage to all structures and plants. When sodding in an area has been completed, the area shall be thoroughly cleaned up. III. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE: Maintenance shall begin immediately after sodding is executed and shall continue in accordance with the following requirements: A. The Contractor shall be held responsible for maintenance of sodded areas, including watering, spraying, weeding, mowing and replanting as necessary to establish a uniform stand of the specific grass and until acceptance. After the grass has started, all areas and parts of areas which fail to show a uniform stand of grass, for any reason whatsoever, shall be replanted, repeatedly if necessary, until all sodded areas are covered with satisfactory growth of grass. B. Sodded areas shall be protected against trespassing damage. If any sod becomes damaged or injured, it shall be replaced as directed. No work shall be done within or over sodded areas without proper safeguards and protection. C. Watering of all non -irrigated sodded areas shall be done from a watering truck, no temporary irrigation heads will be allowed. All sodded areas are to be watered to provide at least one (1) inch of water per week in biweekly applications. Watering is to continue until inspection for acceptance is made and approved by the Owner. All watering is to be done in the presence of the Owner or his representative. D. Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with lawn sand, tamping, refertilizing and resodding by the Contractor at his expense if such damage occurs prior to acceptance. IV. INSPECTION FOR ACCEPTANCE: A. Upon completion of all sodding operations, an inspection for acceptance of work will be held. The Contractor shall notify the Owner or his representatives for scheduling of the inspection ten (10) days prior to the anticipated inspection date. B. At the time of acceptance inspection, if the materials are in whole or in substantially acceptance, a written notice will be given by the Owner or his representative to the Contractor that the guarantee period begins from date of inspection. C. In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not be granted and the Contractor's responsibility for maintenance of all the sodded areas shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new sod and shall be planted in the same manner. Bid No. 12-13-022 Page 88 V. SOD GUARANTEE AND REPLACEMENT: A. Guarantee: Sod shall be guaranteed for a period of ninety (90) days after the date of inspection for acceptance under Paragraph IV of this Section, and shall be alive and in satisfactory growth at the end of the guarantee period. B. Replacement: During the guarantee period the Owner and the Contractor shall schedule monthly inspections. Any sod that is dead or not in satisfactory condition shall be replaced within ten (10) days of the inspection. At the end of the guarantee period a final 'inspection will be held, the Contractor shall then proceed to replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90) days replacement guarantee. C. All non -irrigated sodded areas shall be watered as described under 2B.03.III.C. for four (4) weeks after the inspection for acceptance. All watering to be done in the presence of the Owner or his representative. D. Materials and Operations: All replacements shall be sod of the same kind as specified in these Specifications. It shall be furnished and planted as specified with the cost borne by the Contractor at no additional cost to the Owner. VI. MAINTENANCE GUIDELINES: The Contractor shall supply the Owner with a detailed maintenance schedule for all sodded areas thirty (30) days after Award of Contract. Bid No. 12-13-022 Page 89 DIVISION 2C ELECTRICAL WORK 2C.01 ELECTRICAL GENERAL There is approximately 423 electrical lights along the medians of Coral Way (SW 22 Street) between SW 37 Avenue and SW 12 Avenue. The electric lights are Amerlux 3.5" SSL Accent luminaire, mount resting on a 2,000 psi concrete stand 24"x24". All electrical work must be in accordance with the latest edition of the Florida Building Code, National Electric Code, National Fire Protection Association and Florida Power and Light company and Bell South Requirements. Any changes to the electrical fixtures must be approved in writing by the City's electrical Engineer. All work must be performed by a licensed electrical contractor in a first class workmanship manner. 2C.02 WARRANTEE The contractor shall guarantee all of no less than one year from the date of label of an independent testing lab such of construction shall be referenced to Uplighting Phase I". Any changes to the City's electrical Engineer. The existing luminaire. 2C.03 ENGINEERING DETAIL materials and workmanship free of defect for a period acceptance. All new material shall bear the inspection as Underwriter's Laboratory (U.L.). Any other method project B-6450A entitled "Coral Way Beautification electrical fixtures must be approved in writing by the electrical lights are type Amerlux 3.5" SSL Accent The electrical light detail with components are attached at the end of this section — Attachment C. Bid No. 12-13-022 Page 90 ATTACHMENT A • Planting Notes, Details & Plant List from page LD-2 • Landscape Specifications • Landscape Sections • Typical Planting Plan • Electrical Light Detail • Uplighting installation Detail/ Typical location of electric light fixtures. Bid No. 12-13-022 Page 91