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HomeMy WebLinkAboutInvitation For Bidof Izititt,z. ADDENDUM NO. 1 January 9, 2018 INVITATION FOR BID NO.: 786381 CITYWIDE STORM SEWER REPAIR AND INSTALLATION TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation for Bid (IFB) and shall become an integral part of the bid submitted and the Contract to be executed for Citywide Storm Sewer Repair and Installation — IFB No.: 786381 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. A. Requests for Information — Since Issuance of IFB No. 786381: Q1. What is the cost estimate for this Project? Al . The estimated cost for this Project is $2,900,000.00 per year. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Pz, CPPO, Director City of Miami Department of Procurement City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement IFBNumber: Title: Issue Date/Time: IFBClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 786381,2 Invitation for Bid (IFS) for Citywide Storm Sewer Repair and Installation 11-JAN-2018 01/17/2018 @ 14:00:00 Voluntary Wednesday, December 27, 2017 at 10:00 a.m. City of Miami MRC 6th Floor South Conference Room, 444 SW 2nd Ave, Miami, FL 33130 Friday, January 5, 2018 Gray, Tahlia City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US tgray@miamigov.com 305-400-5019 Page 1 of 52 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (1) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME. ADDRESS. PHONE: FAX: EMAIL: CELL(Optional). SIGNED BY. TITLE: DATE. FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE., Page 2 of 52 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: FEI/EIN No.: Office Location: City of Miami, Miami -Dade County, or Other Occupational / Business License Number: Occupational / Business License Issuing Agency: Occupational / Business License Expiration Date: Will subcontractor(s) be used? (Yes or No) If yes, provide subcontractor(s) information on Attachment C - Subcontractors. The work performed by all subcontractors listed cannot be more than ten percent (10%) of the total work for this contract (a copy of their license(s) must be submitted with your bid response). Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Page 3 of 52 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 4 of 52 Line: 1 Description: Bidders are not required to enter a unit price on this line. Bidders shall submit their prices on Attachment B - Price Sheet, located in the Healer/Attachments Section of this Solicitation in the Oracle/iSupplier Sourcing System. Category: 91345-OO Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 5 of 52 Invitation for Bid (IFB) 786381,2 Table of Contents Terms and Conditions 7 I. General Conditions 7 1.1. GENERAL TERMS AND CONDITIONS 7 2. Special Conditions .27 2.1. PURPOSE 27 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 27 2.3. VOLUNTARY PRE -BID CONFERENCE 27 2.4. TERM OF CONTRACT 27 2.5. METHOD OF AWARD 27 2.6. CONDITIONS FOR RENEWAL 27 2.7. NON -APPROPRIATION OF FUNDS 27 2.8. BIDDERS MINIMUM QUALIFICATIONS 28 2.9. INSURANCE REQUIREMENTS 28 2.10. BID BOND 30 2.11. PERFORMANCE BOND 30 2.12. SUBCONTRACTOR(S) 31 2.13. REFERENCES 31 2.14, TIE BIDS 31 2.15. CITY OF MIAMI LIVING WAGE ORDINANCE 32 2.16. CONTRACT ADMINISTRATOR 32 2.17. METHOD OF PAYMENT 32 2.18. ADDITIONS/DELETIONS OF FACILITIES/LOCATIONS/ITEMS/PRODUCTS/SERVICES 32 2.19. PRIMARY CLIENT (FIRST PRIORITY) 33 2.20. RESPONSE TIME 33 2.21. SUPERVISION 33 2.22. USE OF PREMISES 33 2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY 33 2.24. PUBLIC CONVENIENCE AND SAFETY 34 2.25. SAFETY MEASURES 34 2.26. COMPLETED WORK 34 2.27. FAILURE TO PERFORM 34 2.28. LIQUIDATED DAMAGES 34 2.29. TERMINATION 35 2.30. ADDITIONAL TERMS AND CONDITIONS 35 3. Specifications 36 3.1. SPECIFICATIONS/SCOPE OF WORK 36 3.2. PLANTING 45 3.3. SODDING 50 Page 6 of 52 Invitation for Bid (IFB) 786381,2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of S25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 7 of 52 Invitation for Bid (IFB) 786381,2 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)fproposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder'sfProposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. 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 departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, 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, F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 8 of 52 Invitation for Bid (IFB) 786381,2 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the first makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 9 of 52 Invitation for Bid (IFB) 786381,2 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, 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 IFBs (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 and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 10 of 52 Invitation for Bid (IFB) 786381,2 Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal 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, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or 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 (clerks a miamigov.com), 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. 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 penalties 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 Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 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. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. 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. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 11 of 52 Invitation for Bid (IFB) 786381,2 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a` Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 12 of 52 Invitation for Bid (IFB) 786381,2 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. 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. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 13 of 52 Invitation for Bid (IFB) 786381,2 to comply with these requirements may deem a Response non -responsive. A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability, as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your 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 contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: Page 14 of 52 Invitation for Bid (IFB) 786381,2 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terrns and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 15 of 52 Invitation for Bid (IFB) 786381,2 or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price,increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information Page 16 of 52 Invitation for Bid (IFB) 786381,2 practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The 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 which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the Iaws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Page 17 of 52 Invitation for Bid (IFB) 786381,2 Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet Page 18 of 52 Invitation for Bid (IFB) 786381,2 as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. Page 19 of 52 Invitation for Bid (IFB) 786381,2 1.57.OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to fumish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified, Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct, C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of Page 20 of 52 Invitation for Bid (IFS) 786381,2 market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary, due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response 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 work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Page 21 of 52 Invitation for Bid (IFB) 786381,2 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. L69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than S25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed S25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or Page 22 of 52 Invitation for Bid (IFB) 786381,2 ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. I. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. ill. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or Page 23 of 52 Invitation for Bid (IFB) 786381,2 the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (I) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City, 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no Page 24 of 52 Invitation for Bid (IFB) 786381,2 award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US I. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR, PARKING IS ON RIGHT, B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for Page 25 of 52 Invitation for Bid (IFB) 786381,2 its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation, The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attomey's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission, 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 52 Invitation for Bid (IFB) 786381,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Citywide Storm Sewer Repair and Installation Services, M-0083, as specified herein, from a source(s), filly compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Anthony Hansen; fax: (305) 400-5237 or email: amhansen a miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Friday, January 5, 2018. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. VOLUNTARY PRE -BID CONFERENCE A Voluntary pre -bid conference will be held on Wednesday, December 27, 2017 at 10:00 a.m., at City of Miami MRC 6th Floor South Conference Room, 444 SW 2nd Ave, Miami, FL 33130. 2.4, TERM OF CONTRACT The Successful Bidder shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional two (2) year periods, subject to the availability of funds for succeeding fiscal years, Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (I) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. NON -APPROPRIATION OF FUNDS Page 27 of 52 Invitation for Bid (IFB) 786381,2 In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.8. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this bid; that have a record of performance for five (5) years; and that have adequate financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a contract under the terms and conditions herein stated. The minimum qualifications for this bid are that the Successful Bidder shall, as of Bid Due Date: (1) Have a current certified license as a General Contractor from the State of Florida OR Miami -Dade County Municipal Occupational License in the trade of Drainage and Paving. (2) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (3) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last three (3) years. 2.9. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and hold/save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of Bidder, including any person performing under this contract for or on Bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The Bidder shall furnish to City of Miami, clo Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $ 1,000,000.00 General Aggregate Limit: $2,000,000.00 Products/Completed Operations: $1,000,000.00 Personal and Advertising Injury: $1,000,000.00 Page 28 of 52 Invitation for Bid (IFB) 786381,2 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement IL Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident: $1,000,000.00 B. Endorsements Required City of Miami listed as an Additional Insured 1II. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000.00 for bodily injury caused by an accident, each accident $1,000,000.00 for bodily injury caused by disease, each employee $1,000,000.00 for bodily injury caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $3,000,000.00 Aggregate: $3,000,000.00 City of Miami listed as an additional insured Page 29 of 52 Invitation for Bid (IFB) 786381,2 Excess Follow Form over all applicable liability policies contained herein V. Owners and Contractor's Protective Each Occurrence: $1,000,000.00 General Aggregate: $1,000,000.00 City of Miami listed as named insured VI. Payment and Performance Bond: SFull Value City of Miami listed as an Obligee VII. Installation Floater (If Applicable) Causes of Loss: All Risk of Direct Physical Damage or Loss Valuation: Replacement Cost The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) calendar days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.10. BID BOND All bids shall be accompanied by an original Bid Bond in the amount of five percent (5%) of the total bid submitted, to be in the form of a Cashier's Check or Money Order made payable to the City of Miami; a bond written by a Surety Company authorized to do business in the State of Florida and shall comply with State Statute 287.0935. The bond from all Unsuccessful Bidders, if in the form of a Cashier's Check, will be returned after bid award. 2.11. PERFORMANCE BOND Within fifteen (15) working days following notice of award by the City, the Successful Bidder shall furnish to the City of Miami, a Performance Bond in the total amount of the annual cost to the City with Attachment E - Performance and Payment Bond Forms, which shall be updated annually, for the period of the contract (to be determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a Surety Company authorized to do business in the State of Florida and shall Page 30 of 52 Invitation for Bid (IFB) 786381,2 comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder. 2.12. SUBCONTRACTOR(S) As part of its bid, the Successful Bidder is required to identify any and all subcontractors that will be used in the performance of the proposed contract, as reflected on Attachment C - Subcontractors. Successful Bidder shall approximate percentage of work to be performed on this contract for subcontractor(s), Certification(s)/License(s), and the description of the work to be done by the subcontractor. Failure to identify any and all subcontractors in the bid shall render the bid non -responsive. The Successful Bidder shall not, at any time during the tenure of the contract, subcontract any portion or part of the contract to subcontractor(s) not originally identified in their bid, except under and by virtue of permission granted by the City through the Project Manager. The Successful Bidder shall be fully responsible to the City for the acts and omissions of the subcontractor and their employees, as for acts and omissions of persons employed by contractor. The Work performed by all subcontractors shall be no more than ten percent CIO%) of the total Work for this contract. 2.13. REFERENCES Each bid oust be accompanied by three (3) references for projects completed within the past three (3) years, as reflected on Attachment D - Reference Submittal Form located in the Header/Attributes Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THESE REFERENCES. 2.14. TIE BIDS Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied bidders have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of Page 31 of 52 Invitation for Bid (IFB) 786381,2 the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) working days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.15. CITY OF MIAMI LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January I, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557, City of Miami Living Wage Ordinance, is attached as Attachment A - City of Miami Living Wage Ordinance. Please see provisions in Attachment A. If a solicitation requires services, effective on January I, 2017, Successful Bidder's must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.16. CONTRACT ADMINISTRATOR Upon award, Successful Bidder shall report and work directly with Calitza Diaz -Torres, Public Works Legislative and Contracts Manager, who shall be designated as the Contract Administrator(s) for the City. 2.17. METHOD OF PAYMENT Payment will be made within forty-five (45) calendar days, in accordance with Florida Statutes Sections 218.73 and 218.74 of the Prompt Payment Act for services rendered the previous month, upon submission of properly certified/approved invoices. All such information shall be provided to the City Project Manager. The City will pay the contract price minus any liquidated damages and/or other damages to the Successful Bidder upon completion and acceptance. Damages caused by the Successful Bidder's employees shall be estimated by the City Project Manager and computed actual costs and repairs shall be deducted from the Successful Bidders total monthly billing. Each invoice shall include total cost, percent (%) retainage, proof of payment to subcontractors and suppliers with corresponding release of liens forms and Affidavits. 2.18. ADDITIONS/DELETIONS OF FACILITIES/LOCATIONS/ITEMS/PRODUCTS/SERVICES Page 32 of 52 Invitation for Bid (IFB) 786381,2 Although this Solicitation identifies specific facilities/locations/items/products to be serviced, it is hereby agreed and understood that any facility/location/item/product/service may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new facilities/locations/items/products/services. If these quotes are comparable with market prices offered for similar facilities/locations/items/products/services, they shall be added to the contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.19. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder agrees upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.20. RESPONSE TIME A four (4) hour response time is required. Failure to respond to a service call within the specified time will result in the Successful Bidder paying any and all costs associated with the repairs performed by a secondary vendor. 2.21. SUPERVISION Successful Bidder shall keep on the work site at all times, a competent English speaking Supervisor and any necessary assistants, all satisfactory to the City. The Supervisor shall not be changed except with the written consent of the City, unless the Supervisor proves to be unsatisfactory to Successful Bidder and ceases to be in its employ. The Supervisor shall represent Successful Bidder and all directions given to the Supervisor shall be binding as if given to Successful Bidder and will be confirmed in writing by the City upon the written request of Successful Bidder. The City shall be provided telephone number(s) and email(s) for the Supervisor, where the Supervisor can be contacted during regular business hours (Monday - Friday, 8:00 a.m. to 5:00 p.m.), as well as after hours for emergencies. 2.22. USE OF PREMISES The Successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder shall take all measures necessary to protect his/her own materials. 2.23. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City Page 33 of 52 Invitation for Bid (IFB) 786381,2 and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one (I) month from date damage was done). 2.24. PUBLIC CONVENIENCE AND SAFETY The Successful Bidder shall conduct his/her work so as to interfere as lithe as possible with private business or public travel. Successful Bidder shall, at his/her own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and he/she shall be Iiable for all damages occasioned in any way by his/her actions or neglect or that of his/her agents or employees. The Successful Bidder shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 a.m. and 6:00 p.m. noise levels shall not exceed 80 dBA at the nearest residential or commercial property line. Operation of equipment should be avoided between the hours of 6:00 p.m. and 7:00 a.m., but if required, the noise level shall not exceed 65 dBA. 2.25. SAFETY MEASURES Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational and in safe operating order. Successful Bidder shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.26. COMPLETED WORK The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Contractor at no additional charge to the City. 2.27. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or Supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.28. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated, shall result in liquidated damages being assessed. The Successful Bidder shall be subject to an Page 34 of 52 Invitation for Bid (IFB) 786381,2 assessment of liquidated damages in the amount of one hundred dollars $100.00 for each and every calendar day the work remains incomplete (not to exceed one tenth of one percent (0.1 %) of the total amount of the Contract), as compensation due to the City for Toss of use and for additional costs incurred by the City due to such noncompletion of the work. Refer to Section 6-9 of Standard and Specifications for Public Works Projects. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder, 2.29. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this contract and does not cure the default within thirty (30) calendar days after written notice of default, the City Manager may terminate this contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his/her or his/her subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this contract, in whole or in part, upon thirty (30) calendar days prior written notice when it is in the best interest of the City of Miami, If this contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami, the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the contract for those services rendered prior to termination. 2.30. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 35 of 52 Invitation for Bid (1FB) 786381,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK All Responses to this IFB shall be in Hardcopv Format as defined in Section 1.64. Preparation of Responses (Hardcopy Format). and delivered to the Hard Copv Submittal Location on the front cover. The City of Miami ("City") on behalf of the Public Works Department ("Public Works") is soliciting bids for Citywide Storm Sewer Repair and Installation Services. The Successful Bidder shall furnish all labor, supervision, vehicles, tools, transportation, supplies, fuel, equipment, and materials as required to perform complete storm sewer repair and installation services including pavement and other street improvements as needed. 1. Fencing Around Excavation: At the close of the work day, holidays, and weekdays, the Successful Bidder shall install a fence (min. 4 ft. height) around the perimeter of all excavations. An adequate number of fence posts shall be installed to maintain the fence in an upright and taut position. Any variance from this requirement must be approved by the City Engineer. All cost(s) for this requirement shall be considered incidental to the work and no additional compensation will be allowed. 2. Providing Access to Residences and Business Establishments: During construction of the improvement, safe access shall be provided by the Successful Bidder to the entrance of all residences and business establishments. Methods to be used shall be determined by the Successful Bidder with the approval of the City Engineer. 3. Excavation Permit: The Successful Bidder shall be required to obtain the "no -fee" excavation permit from the Roadway / Plans Development Section of Public Works prior to the start of any construction. Also, the Successful Bidder shall be required to obtain a City of Miami Police Permit, for more information contact (305) 579-6566. The Successful Bidder shall be responsible for the City of Miami Police Permit fee. A tree permit is required from the Planning and Zoning Department. 4. Maintenance of Landscaping: Existing trees on private property and in the public right -of -ay are to be protected. Trimming of tress shall not be allowed without prior approval from the City Engineer. The services of a licensed Landscape Contractor shall be retained for any trimming which is allowed and for all planting and transplanting of trees as indicated by the City Engineer. Landscaping and structures existing on private property adjacent to the proposed work are to be maintained and any replacement shall be of equal or better quality. Cost for maintenance of landscaping shall be considered as incidental of the job and no additional compensation will be allowed. A tree permit shall be required for any landscaping work from the Planning and Zoning Department. 5. Underground Gas Pipelines: The Florida Legislature recently passed legislation (CS-645) pertaining to the protection of underground gas pipelines and related facilities. This legislation requires, in part, that persons making excavations in public or private streets obtain information on the location of underground gas pipelines and provide notice of intent to excavate. Further provisions of this legislation include: Requiring the marking of underground gas pipelines by the owner Page 36 of 52 Invitation for Bid (IFB) 786381,2 upon notice of intent to excavate; prohibiting the issuance of excavation permits unless such notice has been given; requiring notice of damage to or dislocation of underground gas pipelines by the excavator; providing for emergency excavation without notice; and prescribing liability of excavator for negligence. 6. Description of Plans: A typical construction plan shall be used for this project and contain typical locations for new drainage systems and replacement of the exiting drainage system, if there are new storm sewer systems to be added. In the case of replacement of existing cross pipes, there will be a copy of the "as -built" survey information to be used for construction purposes. a. New Drainage System: consists of 100 feet minimum, 18" - 24" French Drain, 30 feet minimum of 15", I8" and 24" cross pipe, two (2) type "D" catch basins with hinged frame and grate and two (2) type "A" manholes with "City of Miami" cover logo, including asphalt aprons, adjacent surface restoration as per Misc. 35-87-13, I-1/2" thick Type S-III asphalt pavement, traffic paint striping, etc. b. Replacement of the Existing Drainage System: consists of a minimum of 50 linear feet of 10" or 12 " open joint concrete or clay pipe, core drilling two (2) type "D-4" catch basins or the existing structures to accommodate a new 15" or 18" French drain system. If the work occurs within the swale area, the Successful Bidder shall replace the area to the same or better condition as before the work started.Note: this item does not include the removal of the existing storm sewer system and if any structure is required to be replaced at the same location of the existing to be removed, the cost of removal of the structure shall be incidental to the work and no additional compensation shall be allowed for structures removed under the same vertical plane as the proposed structure. c. Replacement of existing cross pipes: consists of the same linear feet of cross pipe to be replaced by same diameter of pipe (10" to 15") as instructed by the City Engineer. This item shall include cutting of the asphalt (2 ft. on each side) or removal of the swale area in order to reveal the existing pipe; trench around the cross pipe, a minimum of 6 inches, removal of the existing pipe, placement of new reinforced concrete pipe, install the new cross pipe at same invert elevation as the removed cross pipe, mortar at structures, back fill the area with appropriate fill material, compact with typical 8-inch limerock base and install 4 feet minimum of Type S-III A.C. concrete pavement — 1 `'/ -inch thick along the sawcutted trench. The backfill shall conform to Misc. 35-87-13. d. New deep drainage well structures: consists of the placement of a concrete reinforced manhole or catch basin type structure, a 100' to a 200' deep pipe drilled to an acceptable discharge ground layer, 8" to 12" diameter well shall be constructed at each location. All deep well installation must be permitted by FDEP and the contractor will be responsible for the proper FDEP application/permit. The price for Item 55 includes the cost for the certified survey required by Florida Department of Environmental Protection (FDEP) to complete the application for a new deep drainage well structure including recording the documents at the Miami -Dade County Clerk's Office. e. Abandonment of Auger Hole Structures: consists of working inside a structure by saw -cutting the existing corrugated metal pipe (CMP) to match the structure's bottom elevation, fill up deepest 2 ft of the existing auger pipe with 0.23 cubic yards of 3/4" gravel and the rest of the existing pipe to be filled with 0.79 cubic yards of flowable fill. The price of the required certified survey is included in Item 76 — Survey Work. This item includes the required FDEP application for abandonment, permit process and recordation of the required documents with the Miami -Dade County Clerk's Office in order to obtain a final permit with FDEP. f. Installation of Flap valves: Red Valves or approved equal. Page 37 of 52 Invitation for Bid (IFB) 786381,2 7. Traffic Control: Traffic will be controlled by the Traffic Section of the City of Miami Police Department, and Public Works during construction. Traffic shall be maintained at all times where directed by the City Engineer. A traffic permit from the Department of Police will be required. Successful Bidder is responsible for the permit cost from the City of Miami Police Department. Sufficient lights, barricades and traffic signs shall be provided, placed and maintained by the Successful Bidder at all times in order to properly safeguard traffic and the public. Traffic shall be maintained at all times, where directed by the City Engineer. In the event that any street must be closed to traffic or detoured, it shall be closed or detoured only after approval of the Department of Police and Public Works , and after notifying the City of Miami Fire and Solid Waste Departments. The following additional requirements will also be enforced: a. All traffic control devices used on local street construction shall conform to the standards and specifications of Metro Traffic Division. b. Steel plates or bridging capable of supporting H-20 loading and temporary asphalt pavement shall be used where necessary to comply with these requirements. c. All costs for traffic control, except for uniformed police, shall be the responsibility of the Successful Bidder. 8. Parkway Grading: Where storm sewer facilities are installed in the parkway, surface restoration shall consist of shaping the parkway as required to direct and conduct storm water to the catch basins. The extent of the grading shall be determined by the City Engineer to suit field conditions and shall include, parkway grading, outside of the area of construction for a distance not to exceed 100 linear feet for each catch basin installed, measured from the outer edge of the pavement around the catch basin. No grading will be required in paved areas, unless otherwise specified on the Plans or directed by the City Engineer. All disturbed grass area shall be restored to their original condition with suitable soil and full sod of the same species. All costs for parkway grading, driveway restoration, sod restoration, tree and palms replanting are included in the unit price bid items for structures and no additional compensation will be allowed. 9. Pipe Finishing: All pipes entering catch basins and manholes shall be cut flush with the inside face of the structure and finished in a neat workmanlike manner. In addition to this, all pipes shall have all field cuts ground smooth so as not to leave burrs or rough edges at and within joints and shall be ground flush with inside face of structure. 10. Settlement of Trench Backfill and/or Adjacent Ground: If the trench backfill and/or adjacent ground settles or depressions should occur during or after the construction of a drainage structure, and in the opinion of the Engineer the settlement or depression could be the result of a structural failure or improper pipe joint, then the Successful Bidder shall uncover the structure or pipe as directed by the City Engineer so it can be examined to determine the cause of failure. The Successful Bidder shall make all necessary repairs, backfill the excavated area and restore the surface to the satisfaction of the City Engineer. All costs for this work, including the case where the settlement or depression was not the result of a structural failure or improper pipe joint, shall beconsidered incidental to the general work and no additional compensation will be allowed. Page 38 of 52 Invitation for Bid (IFB) 786381,2 11. Filter Material for French Drain: The lump sum bid shall include the cost for the filter material and all labor and equipment necessary for its installation, and no additional compensation will be allowed. The following filter fabrics are approved for use on this project: a. PolyfiIter "X" - manufactured by Carthage Mills, Inc., 124 West 66 Street, Cincinnati, Ohio. b. Amoco Style 4545 - manufactured by Amoco Fabrics Co., 550 Interstate North Parkway, Suite 150, Atlanta, Georgia 30099. c. FIBRETEX Geotextile Fabric Grade 200 - manufactured by Crown Zelierback. d. Trevira 1114 or 1115 - manufactured by Hoechst Fiber Industries, P.O. Box 5887, Spartenburg, S.C. e. Poll felt 500 Chemie Lenz - manufactured by Geodynamics, P,O. Box 2247, Boca Raton, Florida 33427. f. Bidim U-14 - manufactured by Quline Corporation, 6210 N. Sheldon Road #2412, Tampa, Florida 33615. The Successful Bidder shall submit a request in writing for approval of fabrics not appearing on this list. 12. Underground Utilities Notification Center: The Successful Bidder is alerted that underground utilities exist in the vicinity of the proposed work and that he should notify the Utility Notification Center for Location at telephone number 1-800-432-4770 at least forty-eight (48) hours prior to digging for utilities verification in the field. 13. Clean-up of Construction Area: Upon completion of construction, the project site shall be cleaned to the satisfaction of the City Engineer. All trash and other construction debris shall be removed from the job site on a daily basis at no additional expense to the City. 14. Defacing of New and Existing Concrete and Pavement: Successful Bidder shall be responsibile to preserve the condition of existing and newly constructed concrete sidewalk, curb and/or gutter and pavement. Any damaged pavement or concrete defaced with sticks, nails, footprints, etc., shall be replaced at the Successful Bidder's expense. 15. Rip -Rap: Rip -Rap bags of sand and cement shall meet the requirements of the Florida Department of Transportation for Rip -Rap construction. Additionally, the ratio of sand to cement shall be 4.5 to 1. The materials shall be thoroughly mixed in a dry condition until uniform in color, placed in an approved bag and saturated with water after installation. 16. Site Inspection: The Successful Bidder shall examine all sites of work available, inform himself in regard to all conditions pertaining to the place where the work is to be done, and fully satisfy him relative to the work to be performed prior to submitting the bid and must take photograph of before conditions. 17. Reworking Existing Drainage Structures: All existing catch basins that are to remain and/or connected to the proposed storm sewer shall be reworked, if necessary, by replastering interior walls, all to the satisfaction of the City Engineer. The cost for all reworking of catch basins shall be included in lump sum bid items and no additional compensation will be allowed. 18. Survey Work: The Successful Bidder shall retain or employ a Professional Land Surveyor to lay out all storm Page 39 of 52 Invitation for Bid (IFB) 786381,2 sewer construction and provide final measurements at the end of each contract year. At the project pre -construction meeting, to be attended by the Successful Bidder's Surveyor or survey representative, the representative will be provided a packet of information, from the City of Miami Survey Section, showing the format used by Public Works. The Successful Bidder is advised that the survey work, including required final measurements, shall be according to Public Works Standards and are an integral part of the project. The project term will not be considered complete until the final measurements are approved by the City Engineer. Layout is to be under the supervision of the Professional Surveyor, The center line of catch basins and an offset line parallel with the center line of the pipe will be marked by nails and discs at intervals of no more than fifty feet (50'). Distances between manholes will be accurate within 0.10 foot and elevations of the offset points will be determined with an accuracy of+ 0.03 foot. Offset points are to be painted with a good quality traffic paint with the distance from the catch basin and the low invert. This information is to be shown in the approved field book and on a cut sheet form provided by the City Engineer. All cut sheets are to be delivered to the City Engineer only. These cut sheets shall be reviewed by the City of Miami Survey Section to insure that Public Works Standards are being met. Field books will become the property of the City Engineer. All notes will show the relationship of the installations to the City of Miami's monument line. All elevations are to the City of Miami Datum. The final measurements will include accurate horizontal and vertical location of all construction. This includes, but is not limited to grate, invert and bottom elevations of catch basins and size and type of all pipe, asphalt overlay, and elevation of ground or sidewalk above exfiltration systems. The Surveyor works for the Successful Bidder but shall be available on a full time basis to answer any questions the City Engineer may have. All costs for survey work shall be included in Survey bid item. For abandonment of auger hole structures, the Surveyor must identify each location and present to the City the Iatitude and longitude coordinates. Each certified survey must be presented individually per structure in order to comply with the F.D.E.P. regulations that depict the exact location of the abandoned structure and the connection to the proposed drainage system. The cost of this survey is part of the Survey Work bid item because other storm sewer systems will be installed at the existing structure once abandoned. The survey for such work will be recorded in the County's Clerk Office and the application for well abandonment including latitude and longitude coordinates will be provided to the F.D.E.P. by the Successful Bidder for final permit approval. For installation of deep drainage well structures, the Surveyor must comply with the rules and regulations established by the F.D.E.P. for installing deep drainage structures The price for the survey work required for a permit of a deep drainage well structure is part of the bid item for installation of a deep drainage well and it is not to be included in the Survey Work item. Each deep well structure must be identified with latitude and longitude coordinates in individual certified surveys that will be then recorded in the County's Clerk of Court. 19. Precast Structures: The Successful Bidder shall submit detailed shop drawings of precast structures for approval by the City Engineer prior to pouring of the structures. Precast structures shall be placed to proper grade and shall not be used as a tamper for compaction or to lower or adjust the elevation of the structure. Any precast structures that are mishandled or dropped from heights greater than six inches (6") shall be subject to being removed from the project and rejected at the City Engineer's discretion. 20. Removal of Existing Storm Sewer Mains and Catch Basins: Existing storm sewer mains and catch basins which are in the same vertical plane as the proposed work, regardless of difference in elevations and where noted on the Plans to be removed, shall be removed in their entirety and disposed of with all costs to be included in other parts of the work. The Successful Bidder is alerted that Section 403-2.2 prohibits the reuse of metal castings and Page 40 of 52 Invitation for Bid (IFB) 786381,2 requires their delivery to the Operations Division of Public Works. 21. Surface Restoration: Pavement, sidewalk, curb and gutter replacement in this project will be permanent, refer to Public Works Standards 35-88-7. The Successful Bidder shall remove and replace only the amount of pavement, sidewalk, curb and gutter necessary to accomplish pipeline construction or as shown on the Plans. Payment for the replacement of all type of pavement, sidewalk, curb and gutter over excavations shall be included in the lump sum price for each location as described in the bid. No additional compensation will be allowed for restoration of pavement, sidewalk, curb and gutter, driveways and sod disturbed by the Successful Bidder's construction and construction activities or for restoration. 22. Dust Prevention: The Successful Bidder is alerted to Division 4 - Construction Methods, Section 400-11 pertaining to Dust Prevention. The City intents to enforce this section to a greater degree than on past projects and if necessary will limit the number of catch basin sections constructed prior to resurfacing. The City Engineer shall have the authority to require the Successful Bidder to remove the dust from the street by mechanical means after the temporary patch has been placed, increase the frequency of water spraying and reroute equipment bringing in backfill and/or removing excess material or supplies necessary for construction. All cost for dust prevention shall be included in other part of the work. 23. Final Resurfacing: No more than twenty (20) calendar days (excluding inclement weather) shall elapse from the time that a street is opened for trench excavation until time the final asphaltic surface overlay course is constructed. Failure to comply with this requirement will result in the withholding of all future cut sheets and the issuance of a stop order on all until such time that the storm sewer construction is completed with a final asphaltic surface course. Final restoration to comply with Misc. 35-88-7. 24. Sanitary Sewer Lateral Replacement: Sanitary sewer laterals in conflict with the proposed French Drain shall be relayed where possible between the right of way line and the mainline sewer. An initial finding must first be made by the City Engineer to determine if the lateral can be adjusted to a higher or lower elevation. If the lateral can be adjusted, then the Successful Bidder shall relay the lateral from the private property connection to the mainline sewer. This relaying shall include adjustments to cleanouts and fittings in the vicinity of the property line on private property with approved adapters and fittings. Payment for lateral replacements will be based on actual quantity of pipe installed between the private property connection and the mainline sewer. 25. Cement: All concrete and masonry work in conjunction with the storm sewer installation, excluding sidewalk, curb and gutter and concrete encasements, shall be accomplished with Type II Cement, unless otherwise called for specifically in the Plans. 26. Ductile Iron: The Successful Bidder shall have the option of substituting Ductile Iron Pipe at no additional cost to the City. 27. Safety: The Successful Bidder is alerted that the State of Florida has adopted the "Trench Safety Act" for the purpose of incorporating current OSHA trench safety standards into municipal construction projects. The basic safety requirements are as follows: Page 41 of 52 Invitation for Bid (IFS) 786381,2 a. Excavating and Trenching a Before opening any excavation, efforts shall be made (including utility company contact) to determine if there are underground utility installations in the area, and they shall be located and supported during the excavation operations; o The walls and faces of trenches five feet (5') or more deep and all excavations in which employees are exposed to danger from moving ground or cave-in shall be guarded by a shoring system, sloping of the ground, or some other equivalent means; o In excavations which employees may be required to enter, excavated or other material shall be effectively stored and retained at least two feet (2') or more from the edge of the excavation; o Daily inspections of excavations shall be made by a competent person. If evidence of possible cave-ins or slides is apparent, all work in the excavation shall cease until the necessary precautions have been taken to safeguard the employees; o Trenches four feet (4') deep or more shall have adequate means of exit such as ladders or steps, located so as to require no more than twenty-five feet (25') of lateral travel. b. Head Protection o Head protection equipment (helmets) shall be wom in areas where there is a possible danger of head injuries from impact, flying objects or electrical shock and burns; o Helmets for protection against impact and penetration of falling and flying objects shall meet the requirements of ANSI Z89.1-1969; o Helmets for protection against electrical shock and bums meet the requirements of ANSI Z89.2-1971. A separate bid item for the cost of compliance with the Trench Safety Act has not been included in the bid for this project. However, the cost of compliance shall be included in other portions of the work and no additional compensation will be allowed. 28. Asphalt Prime Coat Cover Sand: Cover sand for limerock base prime coat shall be hot asphalt coated prior to application. 29. Asphaltic Concrete Design Mix: The asphaltic concrete surface course shall be Type S-III or equivalent, as submitted by the local asphalt suppliers and approved by the City Engineer. Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of Transportation Specifications for Type S-III, Asphaltic Concrete, Section 331-1 through Section 331-5. All new design mixes shall be submitted to Public Works for approval of the City Engineer. 30. Maintenance of Landscaping: Existing trees on private property and in the public right-of-way are to be protected. Trimming of tress will not be allowed without prior approval from the City Engineer. A permit is required for this work (root pruning, tree trimming, tree relocation and planting). The services of a licensed Landscape Contractor shall be retained for any trimming which is allowed and for all planting and transplanting of trees shown on the Plans. Landscaping and structures existing on private property adjacent to the proposed work are to be maintained and any replacement shall be of equal or better quality. Cost for maintenance of landscaping shall be considered as incidental of the job and no additional compensation will be allowed. 31. TranspIanting Existing Trees and Palms: Existing trees shown on the Plan to be relocated shall be root pruned. A tree permit is required for this work. In preparation for moving, a minimum of six (6) weeks and a Page 42 of 52 Invitation for Bid (IFB) 786381,2 maximum of twelve (12) weeks prior to installation. Ball sizes shall be as specified in Grades and Standards, for Nursery Plants - Part II Palms and Trees, Charles S. Bush, Department of Agriculture. Trees shall be braced in three directions with clean sound 2" x 4" lumber. Stakes shall be driven at the base of each brace to prevent slippage. Bracing may be nailed to the 2" x 4" blocking about tree trunk. Blocking however, shall be banded at two (2) places, not nailed. No guarantee and no root guard will be required for transplanted trees, however, they shall be planted and maintained according to the highest nursery standards. In the event that transplanted trees die before acceptance of the highway contract, they shall be removed and the resulting holes filled and sodded. It is required that tree relocation be done by a competent landscape company or nursery knowledgeable and experienced in this type of work to insure a successful transplanting job. 32. Protection of Existing Utility Poles: The Successful Bidder shall ensure that the existing utility poles are properly protected during installation of the pipes and structures and shall coordinate with the utility pole owner any safeguards necessary to protect the utility pole including bracing of the pole during construction, if necessary. All costs for the protection of the utility poles and any cost for the temporary bracing by the utility pole owner shall be the responsibility of the Successful Bidder and shall be included in the lump sum items of the bid. No additional compensation for this service shall be allowed. 33. Mobilization: The cost of mobilization for the locations of the Project shall be included in the lump sum bid item for each location. The bid item for Mobilization, is for additional location(s) that may be added to this project at the discretion of the City Engineer. 34. Adjustments Behind Property Lines: Adjustments to approach walks and driveways on private property shall be made at a slope no greater than 1:12. Adjustments to existing ground on private property shall be sodded and made at a slope no greater than 1:3. All adjustments of driveways and walks shall be of a matching type. All costs for adjustments on private property shall be incidental and no additional compensation will be allowed. 35. Materials of Excavation: Materials of excavation shall include all materials encountered. Any unforeseen obstacles or debris encountered shall be removed and will be considered as incidental to construction and additional compensation will not be allowed. All street excavation shall be accomplished according to Division 4, Section 404-1 of the Standard Specifications for Public Works. 36. Existing Underground Structures: The Successful Bidder must contact the various utility companies to obtain the location of the existing underground utilities prior to beginning any excavation work. Caution shall be exercised by the Successful Bidder in grading operations as some existing underground utilities have a minor cover. The Successful Bidder shall be responsible for replacing any underground facility broken or dislocated during construction for which sufficient underground information has been provided by the utility companies. Any sanitary sewer lines, laterals or storm sewer lines damaged during construction shall be repaired at the Page 43 of 52 Invitation for Bid (IFB) 786381,2 Successful Bidder's expense. It has been the City's experience on previous projects that problems related with building access, drainage and dust control were created due to inadequate construction scheduling. These problems were further aggravated when work on partially constructed streets remained idle for excessive periods of time. 37. Commencement of Work: Prior to the start of any work under this contract, the Successful Bidder shall meet representatives of Public Works and the various utility companies to coordinate the work. All work shall proceed in an orderly, progressive fashion and in a manner and sequence that will minimize drainage and dust control problems and insure the least possible in convenience to traffic and property owners in the project area. 38. Coordination with Separate Contractors: Prior to the beginning of any work under this contract, the Successful Bidder shall meet with the various utility companies concerned, and the City Engineer. The purpose of this meeting is to coordinate all aspects of the work to be accomplished under this contract. The Successful Bidder shall coordinate his work to cooperate fully with the other contractors, and all utility companies working in the area. The Successful Bidder shall schedule his work in such manner and provide proper supervision so as to cause a minimum amount of conflict or delay to other contractors and utility companies. A detailed sequence of construction shall be submitted to the city by the Successful Bidder. Scheduling of all work shall be as approved by the City Engineer. The Successful Bidder shall be held responsible for any decay in time and/or damage to existing structures, foundation, utilities or other existing features because of omission or neglect by himself or his employees. Any property damaged by his operations shall be replaced or repaired to its original condition at no extra cost to the City. The City Engineer will be the mediator in all such cases wherein the Successful Bidder or the utility companies are in dispute concerning lost time or property damages. The Successful Bidder shall abide by these judgments and decisions in all cases. 39. Pavement Marking and Signage: All pavement marking and signage material and method of installation shall conform to the Manual of Uniform Traffic Control Devices. All costs for restoration of existing pavement markings and signs shall be included in one or more of the bid items and no additional compensation shall be allowed. The bid item for Paving Marking and Signage, is for additional location(s) that may be added to this project at the discretion of the City Engineer. 40. Temporary Pavement Patching: The Successful Bidder shall place a temporary asphaltic concrete pavement patch, minimum one-half inch thick, at all locations designated by the City Engineer in the field. The cost of the temporary patch, other than the specified in Public Works Standard Division 4 — Construction Methods -- 400 —11, shall be paid for from the tonnage item for Type A Asphaltic Concrete Plant Mix, All costs for Type A A/C Plant Mix shall be included in the bid. 41. Asphaltic Concrete Pavement Overlay: Prior to placing the asphaltic concrete surface course, the existing street surfaces shall be thoroughly cleaned. All utility castings shall be adjusted to the new surface elevation, if necessary, by their respective owners, except storm and sanitary sewer manhole covers and gratings which shall be Page 44 of 52 Invitation for Bid (IFB) 786381,2 adjusted by the Successful Bidder. The pavement edges shall be cleared of all encroaching vegetation, loose sand, rock and all other foreign matter, and the edges shall be patched as necessary to bring the pavement to a uniform width. All surface failures which have resulted in potholes shall be patched in an approved manner unless, in the opinion of the City Engineer, the damage areas are of insignificant depth and can be satisfactorily filled and compacted in the normal operation of applying and compacting the surface course. A bituminous tack coat shall be applied to the existing pavement surface prior to placing the new surface. The Successful Bidder shall overlay existing street surfaces with I -inch thick S-III Asphaltic Concrete Mixture as submitted by the local asphalt suppliers and approved by the City Engineer. For asphaltic concrete pavement overlay locations, refer to Construction Plans. Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of Transportation Specifications for Type S-III, Asphaltic Concrete, Section 331-1 through Section 331-5. All new design mixes shall be submitted to Public Works for approval of the City Engineer. 42. Disposal of Material: Proper disposal of removed material shall be the responsibility of the Successful Bidder. Disposal of material will be required to be taken to the nearest Miami -Dade landfill at Successful Bidder's expense. Successful Bidder shall seek approval from the City Engineer prior to any on -site storage of materials. 43. Clean-up of City Streets: The project site shall be cleaned and maintained clean to the satisfaction of the City Engineer at all times. All trash and other debris shall be removed from the job site at no additional expense to the City. The Successful Bidder shall be responsible for the removal and disposal of solid wastes and debris in and around the catch basins. The methods of construction must comply with the City of Miami National Pollutant Discharge Elimination System (NPDES) permit as stated in PW Bulletin # 25. 3.2. PLANTING The Successful Bidder shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. 1. Scheduling of Work: The work shall be as coordinated with other contractors as to prevent any conflicts as to scheduling with others. 2. 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. 3. Protection of Utilities and Structures: Prior to the preparation of planting areas or plant pits, the Successful Bidder shall ascertain the location of all electrical cables, all conduits, all utility lines, oil tanks and supply lines, so Page 45 of 52 Invitation for Bid (IFS) 78638I,2 that proper precautions may be taken not to disturb or damage any subsurface improvements. In the event any are uncovered, the Successful Bidder shall promptly notify the City Engineer, who shall arrange to relocate the plant material, if possible. The Successful Bidder shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. 4. Clean Up: If the Successful Bidder fails to clean up, the City may do so and the cost thereof shall be charged to the Successful Bidder. 5. 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 (4) 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) calendar days after award of Contract. c. Schedule: A detailed sequence of planting shall be submitted to the City by the Successful Bidder, 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) calendar days after award of Contract for review by the City or his representatives. 6. Materials: a. Common Fertilizer: o Shall be delivered to the site in the original unopened containers, each bearing the manufacturer's analysis. o Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC FLORIDA EAST COAST FERTILIZER & CHEMICAL, unless noted otherwise, or equal. b. Plant Material: o Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and groundcovers. o Plant species shall conform to those indicated on the drawings and in these Specifications. o 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. o All plants shall have been transplanted or root pruned at least once in the three (3) years previous to contract date. Root bound container plants will not be accepted. o Collected palms shall be heeled in the nursery for no Tess than three (3) months prior to final planting. a 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. o 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.". Page 46 of 52 Invitation for Bid (IFB) 786381,2 o Plants specified shall be used, substitutes will not be allowed unless sufficient evidence is submitted in writing, indicating plant unavailability. The Successful Bidder 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 Iess than five (5) working days after Award of Contract. o 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 Successful Bidder at his expense. o Plants existing on the site and transplanted by the Successful Bidder shall be subject to Successful Bidder's Guarantee. o Plants used where symmetry is required shall be matched as nearly as possible. The Successful Bidder 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) calendar days prior to the projected installation date. All material shall be clearly identified by the use of colored vinyl tapes. The Successful Bidder shall tag ten percent (10%) more than the quantities required and give five (5) working days notice minimum prior to nursery visit. c. Soil Moist Polymers:Provide Soil Moist acrylic copolymers at the rate specified in 2B.03.IILF to each planting pit/tree or palm planting location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305) 247-I521. d. Planting Soil: o 50% Muck o 50% Coarse Silica Sand e. Mulch shall be Cypress Mulch Grade "A" delivered to the site in sealed and marked bags or approved equal. Any deviation shall be approved by the City Engineer. 7. Execution: a. Shipment and Delivery: o The Successful Bidder shall notify the City Engineer forty-eight (48) hours in advance, when plant material is to be delivered. o Plant material shall be protected from weather, adequately packed to prevent breakage and drying out during transit. o 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 Successful Bidder and approved nursery stock of like variety, size and age shall be replaced by him without additional compensation. o Final acceptance of plant material will be given only after material is planted and after meeting requirements prescribed herein. b. Guying and Staking: o All guying and staking shall be indicated in the Specifications. o It shall be the Successful Bidder'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 Successful Bidder. Damaged plants shall be replaced by the Successful Bidder at no additional expense to the City, except the Successful Bidder shall not be held responsible for the loss or death of any tree, shrub or plant , Page 47 of 52 Invitation for Bid (IFB) 786381,2 after being properly planted, as a result of hail storms, lighting, flood, fire or other acts of providence beyond his control. c. Planting of Trees and Palms: o Except as otherwise specified, the Successful Bidder's work shall conform to accepted horticultural practices as used in the trade. o Plants shall be protected upon arrival at the site by being thoroughly watered and properly maintained until planted. Plants shall be planted within twenty-four (24) hours after arriving at site. At all times, workmanlike methods customarily in good horticultural practice shall be exercised. o Before digging holes or beds, the location and/or arrangement of the planting shall be staked by the Successful Bidder and accepted by the City Engineer. The staking should be ready for inspection at least FIVE (5) working days prior to the projected planting date. The stakes shall be #7 Rebar, at least eighteen inches (18") in length and painted with bright red paint. o 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 stnictures and utilities shall be carefully done. The Successful Bidder shall be held responsible for any damage to, and for maintenance and protections for existing utilities and structures. o 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 Successful Bidder 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. o Baekfill with the specified planting soil mix and incorporate a minimum six (6) ounces to nine (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. o 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, o 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. o 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. o All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance. The Successful Bidder shall provide the means where water lines are not available. o Apply fertilizer to planting beds and saucer areas as follows: Trees: One (1) pound per inch trunk diameter. Spread fertilizer evenly about the base. Thoroughly water plants before and after fertilization then mulch. o Three inches (3") of mulch shall be placed between and around all plant material within twenty-four (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. o 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 one-half inch (Y2) diameter shall be painted with an acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted. o 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. Page 48 of 52 Invitation for Bid (IFB) 786381,2 d. Maintenance Prior to Inspection for Acceptance: o Maintenance shall begin immediately after each plant is planted and shall continue throughout the course of operations on the site. Plants shall be watered by hose soaking thoroughly each day for the first two (2) weeks (14 calendar days) and every other day for the following two (2) week period. Soaking then shall continue on a twice weekly basis for another period of three weeks, amounting to a total of forty-five (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. o 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: once a day for the first three (3) weeks after planting and three (3) times per week thereafter until inspection for acceptance. o Spraying and Dusting: During the maintenance period and up the issuance of certificate of final acceptance, the Successful Bidder 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. o 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. o Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with topsoil, tamping and re -fertilizing by the Successful Bidder at his expense if such damage occurs prior to acceptance by the City Engineer. e. Inspection for Acceptance: o Upon completion of all planting, an inspection for acceptance of work will be held. The Successful Bidder shall notify the City Engineer for scheduling of the inspection five (5) working days prior to the anticipated inspection date. Partially completed portions will not be inspected. It is the Successful Bidder's responsibility to ensure that the work is completed and ready for inspection before calling for same. o 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. o In case substantial numbers of plants are sick or dead at the time of inspection, acceptance will not be granted and the Successful Bidder'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) working days of said inspection. o After the inspection for acceptance is made and the work is found to be acceptable, the Successful Bidder shall continue to hand water all trees and palms three times a week for four (4) weeks. f. Plant Guarantee and Replacement: o Guarantee: All plant materials including site relocated material shall be guaranteed for a period of one (I) 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. o Replacements: During the guarantee period, there shall be monthly inspections between the Successful Bidder 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 Successful Bidder's negligence shall be replaced at no cost to the Owner within ten (10) working days after the monthly inspection. At the end of the Page 49 of 52 Invitation for Bid (IFB) 786381,2 guarantee period, the Successful Bidder 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 Successful Bidder's negligence will be removed and replaced at no cost to the Owner. All replacement after the final inspection shall carry a six (6) month replacement guarantee. Replacements shall be made within ten (10) working days after final inspection. o 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 Successful Bidder. Please refer to the attached plant schedule. 3.3. SODDING The Successful Bidder shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. 1. Scheduling of Work: The work shall be as coordinated with other contractors as to prevent any conflicts in scheduling with others. 2. Personnel: All planting shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman. 3. Protection of Utilities and Structures: Prior to the preparation of sodding areas, the Successful Bidder 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 Successful Bidder shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. 4. Clean Up: The Successful Bidder 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". If the Successful Bidder fails to clean up, the Owner may do so and the cost thereof shall be charged to the Successful Bidder. 5. 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) calendar days after Award of Contract. 6. Materials: a. 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. b. Common Fertilizer: Mix #2024 (I0.8.6) 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 Page 50 of 52 Invitation for Bid (IFB) 786381,2 representatives. c. Sod: o Sod shall be St. Augustine Grass (Floratam) Solid Sod. o 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 fungus, vermin or diseases. Before being cut and lifted, sod shall be mowed three (3) times with the final mowing not mote 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. d. Sand: Provide clean, fine sand. e. Water: The Successful Bidder is responsible for providing water even if none is available on the site. 7. Execution: a. General: Fine grades all lawn and planting areas. b. Sodding: Under this section, the Successful Bidder shall perform the preparation of the areas to be sodded as herein specified. o The Successful Bidder shall remove all existing grasses and weeds from the areas to be sodded. The Successful Bidder shall smooth out all areas to establish an even grade for sod planting. All areas shall be graded to drain. o Remove all rock or foreign material one inch or greater in diameter and lay two inches (2") of soil blanket uniformly and thoroughly incorporated into top most four inches (4") of soil. a 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. o The Successful Bidder should call for an inspection for approval of graded areas prior to sodding. o Water the soil twenty-four (24) hours prior to sodding. o 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. o After sod has been planted and rolled, thoroughly water and fertilize at the rate of ten (10) pounds per one thousand (1,000) square feet of area. Thoroughly water all sodded areas. o The finished level of sod areas after rolling and tamping shall be one half inch ('/2) below the top of abutting paved areas. o 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. c. Maintenance Prior to Inspection for Acceptance: Maintenance shall begin immediately after sodding is executed and shall continue in accordance with the following requirements: o The Successful Bidder 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. Page 51 of 52 Invitation for Bid (IFB) 786381,2 o 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. o 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 inch (I") 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. o Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with lawn sand, tamping, re -fertilizing and re -sodding by the Successful Bidder at his expense if such damage occurs prior to acceptance. d. Inspection for Acceptance: o Upon completion of all sodding operations, an inspection for acceptance of work will be held. The Successful Bidder shall notify the Owner or his representatives for scheduling of the inspection ten (10) working days prior to the anticipated inspection date. o 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 Successful Bidder that the guarantee period begins from date of inspection. o In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not be granted and the Successful Bidder'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. e. Sod Guarantee and Replacement: o Guarantee: Sod shall be guaranteed for a period of ninety (90) calendar days after the date of inspection for acceptance under Paragraph TV of this Section, and shall be alive and in satisfactory growth at the end of the guarantee period. o Replacement: During the guarantee period the Owner and the Successful Bidder shall schedule monthly inspections. Any sod that is dead or not in satisfactory condition shall be replaced within ten (10) working days of the inspection. At the end of the guarantee period a final inspection will be held, the Successful Bidder shall then proceed to replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90) calendar days replacement guarantee. o All non -irrigated sodded areas shall be watered as described under 2B.03.III.0 for four (4) weeks after the inspection for acceptance. All watering to be done in the presence of the Owner or his representative. o 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 Successful Bidder at no additional cost to the Owner. f. Maintenance Guidelines: The Successful Bidder shall supply the Owner with a detailed maintenance schedule for all sodded areas thirty (30) calendar days after Award of Contract. Page 52 of 52