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HomeMy WebLinkAboutExhibitCity of Miami, Florida RFP 763388 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And Condo Electric Motor Repair, Corp. This Professional Services Agreement ("Agreement") is entered into this day of , 2018 by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2' Avenue, 10'h Floor, Miami, Florida 33130 ("City"), and, Condo Electric Motor Repair, Corp., a Florida corporation, qualified to do business in the State of Florida whose principal address is 3615 East 10th Court, Hialeah, FL 33013, hereinafter referred to as the ("Contractor"). RECITALS: WHEREAS, the City of Miami issued a Request for Proposals No. 763388 on, September 21, 2017 (the "RFP" attached hereto, incorporated hereby, and made a part of as Exhibit A) for the provision of Stormwater Pump Station Maintenance and Repair, ("Services" as more fully set forth in the scope of work "Scope" attached hereto as Exhibit B) for The City of Miami and Contractor's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as the most qualified proposal for the provision of the Services. WHEREAS, the Evaluation/Selection Committee appointed by the City Manager determined that the Proposal submitted by the Contractor was responsive to the RFP requirements and recommended that the City Manager negotiate with the Contractor; and WHEREAS, the City wishes to engage the Services of Contractor, and Contractor wishes to perform the Services for the City; and WHEREAS, the City and the Contractor desire to enter into this Agreement under the terms and conditions set forth herein. 17-2151 RFP 763388, Stoiinwater Pump Station Maintenance and Repair 1 City of Miami, Florida RFP 763388 NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Contractor and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFP is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "8". The Contractor's Response and Pricing Proposal dated, October 10, 2017, in response to RFP 763388, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Contractor's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit 'D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows: (1) Professional Services Agreement ("PSA"), as may be amended; (2) Addenda/Addendum to the RFP; (3) RFP; and (4) Contractor's response and price proposal dated October 10, 2017, acknowledging scope of services and pricing component of services and, response to the Request for Proposals. 2. TERM: (Non -Negotiable) The Agreement shall become effective on the date on the first page, and shall be for a cumulative duration of seven (7) years: an initial term of three (3) years with two (2), two (2) year options to renew to be exercised at the discretion of the City Manager. The City Manager shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause, as is provided for in Section 13. [7-2isi RFP 763388, Stormwater Pump Station Maintenance and Repair 2 City of Miami, Florida RFP 763388 3. SCOPE OF SERVICES: A. Contractor agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Contractor represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Contractor has been duly authorized to so execute the same and fully bind Contractor as a party to this Agreement. C. Contractor shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 4. COMPENSATION: A. The amount of compensation payable by the City to the Contractor shall be based on the rates quoted in Exhibit "C" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within thirty (30) calendar days after receipt of Contractor's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be 17-215[ RFP 763388, Stonnwater Pump Station Maintenance and Repair 3 City of Miami, Florida RFP 763388 sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. - 218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Contractor agrees and understands that (i) any and all Subcontractors providing Services related to this Agreement shall be paid through Contractor and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of Subcontractors for any of the Services related to this Agreement shall be borne solely by Contractor. D. Prices shall remain firm and fixed for the term of the Contract, including any option or extension periods. 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Contractor, its employees, or any Subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Contractor agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Contractor determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: (Non -Negotiable) A. Contractor agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 4 City of Miami, Florida RFP 763388 pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Contractor which are related to Contractor's performance under this Agreement. Contractor agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof. 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 Section 18-101 and 18-102 of the Code of the City of Miami, Florida, which are applicable to this Agreement, as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: 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 Agreement 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 Agreement. 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 5 City of Miami, Florida RFP 763388 8. PUBLIC RECORDS: (Non -Negotiable) A. Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Contractor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Contractor determine to dispute any public access provision required by Florida Statutes, then Contractor shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. 17-2151 RFP 763388, StormWater Pump Station Maintenance and Repair 6 City of Miami, Florida RFP 763388 THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: (Non -Negotiable) Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Contractor agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Contractor further agrees to include in all of Contractor's agreements with Subcontractors for any Services related to this Agreement this provision requiring Subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 10 . INDEMNIFICATION: (Non -Negotiable) Contractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 7 City of Miami, Florida RFP 763388 insurance protection required by this Contract or otherwise provided by the 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 the Contractor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed or utilized by Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Contractor shall require all sub -consultant agreements to include a provision that each sub- contractor will indemnify the City in substantially the same language as this Section. 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 Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor. 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 8 City of Miami, Florida RFP 763388 11. DEFAULT: If Contractor fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Contractor shall be in default. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and NolCents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager, In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 17-2151 RFP 763388, Stormwater Pump Station Maintenance and Repair 9 City of Miami, Florida RFP 763388 13. TERMINATION; OBLIGATIONS UPON TERMINATION: (Non -Negotiable) A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Contractor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) calendar days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Contractor for Services rendered by Contractor after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be Gable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 14. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFP number and title of the RFP must appear on each certificate of insurance. The 17-2151 RFP 763388, Stonmvater Puinp Station Maintenance and Repair 10 City of Miami, Florida RFP 763388 Contractor shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Contractor shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Contractor understands and agrees that any and all liabilities regarding the use of any of Contractor's employees or any of Contractor's Subcontractors for Services related to this Agreement shall be borne solely by Contractor throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Contractor further understands and agrees that insurance for each employee of Contractor and each Subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Contractor shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Contractor shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 11 City of Miami, Florida RFP 763388 (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re - procurement damages from Contractor in conjunction with the violation of the terms and conditions of this Agreement. D. Compliance with the foregoing requirements shall not relieve Contractor of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: (Non -Negotiable) Contractor represents to the City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor's performance under this Agreement on account of race, color, sex, sexual orientation, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of hisfher race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 16. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or in part, and Contractor shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, i7-215L RFP 763388, Stonnwater Pump Station Maintenance and Repair 12 City of Miami, Florida RFP 763388 addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONDO ELECTRIC MOTOR REPAIR, CORP. Hector A. Gomez President 3615 East 10th Court Hialeah, FL 33013 TO THE CITY: Emilio T. Gonzalez, Ph.D. City Manager 444 SW 2' Avenue, 10th Floor Miami, FL 33130-1910 Juvenal Santana, P.E. Public Works Director 444 SW 2" Avenue, 8th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 18. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 17-2151 RFP 763388, Stonnwater Putnp Station Maintenance and Repair 13 City of Miami, Florida RFP 763388 C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Contractor shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Contractors. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 20. INDEPENDENT CONTRACTORS: Contractor has been procured and is being engaged to provide Services to the City as an independent Contractor, and not as an agent or employee of the City. Accordingly, neither Contractor, nor its employees, nor any Subcontractor hired by Contractor to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified 17-2151 RFP 763383, Sto❑nwater Pump Station Maintenance and Repair 14 City of Miami, Florida RFP 763388 employees. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, its employees, or any Subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to provide or to require Subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Contractor rendering Services to the City under this Agreement. Contractor further understands and agrees that Contractor's or Subcontractors' use or entry upon City properties shall not in any way change its or their status as an Independent Contractor. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) calendar days written notice. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its 17-2[51 RFP 763388, Stonnwater Pump Station Maintenance and Repair 15 City of Miami, Florida RFP 763388 best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 23. CITY NOT LIABLE FOR DELAYS: (Non -Negotiable) Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor or any Subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 24. USE OF NAME: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes, Contractor is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Contractor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor, no employee, and no Subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its Subcontractors will abide by this prohibition of the City Code. 17-2151 RFP 763388, Stormwater Pump Station Maintenance and Repair 16 City of Miami, Florida RFP 763388 26. NO THIRD -PARTY BENEFICIARY: No persons other than the Contractor and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Contractor hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Contractor under this Agreement are and will continue to be accurate, complete, and current. Contractor understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the Contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. AN such Contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29. COUNTERPARTS: This Agreement may be executed in three or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. 17-2I51 RFP 763388, Stonnwater Pump Station Maintenance and Repair 17 City of Miami, Florida RFP 763388 30. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date, Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 18 City of Miami, Florida RFP 763388 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: By: "City" CITY OF MIAMI, a municipal corporation Todd B. Hannon, City Clerk Emilio T. Gonzalez, Ph.D., City Manager ATTEST: By: (f�. ✓�I Pr' Name: JOSE G. ESPINOLA Title: VICE PRESIDENT (Corporate Seal) "Contractor" Condo Electric Motor Repair, Corp. By: Print Name: HECTOR A. GOMEZ Title: PRESIDENT (Authorized Corporate Officer) APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: Victoria Mendez Ann -Marie Sharpe City Attorney Risk Management Director 17-2151 RFP 763388, Stormwater Pump Station Maintenance and Repair 19 City of Miami, Florida RFP 763388 CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, Condo Electric Motor Repair, Corp., a Florida corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the Contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 2 7 TH day of MARCH, 2018. Condo Electric Motor Repair, Corp. ("Provider") An Florida Corporation By: (sign) Print Name: Print Name: HECTOR A. GOMEZ JOSE G. ESPINOLA 17-2151 RFP 763388, Storniwater Pump Station Maintenance and Repair 4t"°r°a MIRTAhit AMADOR Notary Public - State of Florida •� = Commission k GG 108406 ,P My Comm. Expires Sep 22, 2021 20 City of Miami, Florida RFP 763388 EXHIBIT A RFP No. 763388 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 21 co; 0 vv. i r µ C. , eati ot Hz.(444,,z. ADDENDUM NO. 1 September 29, 2017 REQUEST FOR PROPOSALS NO.: 763388 STORMWATER PUMP STATION MAINTENANCE AND REPAIR, M-0122 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Request for Proposals (RFP) and shall become an integral part of the proposal submitted and the Contract to be executed for Stormwater Pump Station Maintenance and Repair, M-0122 — RFP No.: 763388 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. Attachment C — Price Proposal worksheet has been revised and replaced in Oracle. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. /(t/ Annie Perez, CPPO, Direct r of Procurement c: RFP File City of Miami Request for Proposals (RFP) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 60, Floor Miami, Florida 33130 Web Site Address; www nhiamigov.com/procurement RFPNumber: Title: Issue Date/Time: RFPClosing 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: 763388,1 RE -ISSUANCE of RFP for Stormwater Pump Station Maintenance and Repair, M-0122 29-SEP-2017 10-OCT-2017 @ 14:00:00 Voluntary September 26, 2017 at 10:00 a.m. City of Miami MRC 6th Floor North Conference Room, 444 SW 2nd Ave, Miami FL 33130 October 2, 2017 at 5:00 p.m. Hansen, Anthony City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US amhansen@miamigov.com (305)400-5237 Page 1 of 47 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 (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.S. 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 alI 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 DISOUALIFY THIS RESPONSE. Page 2 of 47 Certifications Legal Name of Firm: Entity Type (Partnership, Sole Proprietorship, Corporation, etc.): Federal Employer Identification Number (FEIN): Year Established: Office Location (City of Miami, Miami -Dade County, or Other): Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If yes, provide Subcontractor(s) information on Attachment D - Supplement to Proposal. The Work performed by all Subcontractors listed cannot be more than ten percent (10%) of the total Work for this Contract. Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Page 3 of 47 Line: 1 Description: Proposers are not required to enter any information in this section. Proposers shall submit their proposed prices on Attachment C - Price Proposal. Category: 91063-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Tota!: $ Page 4 of 47 Request for Proposals (RFP) 763388,1 Table of Contents Terms and Conditions 6 1. General Conditions 6 1,1. GENERAL TERMS AND CONDITIONS 6 2. Special Conditions 26 2.1. PURPOSE 26 2.2. PRE -PROPOSAL CONFERENCE 26 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 26 2.4. MINIMUM QUALIFICATIONS 26 2.5. REFERENCES 27 2.6. TERM OF CONTRACT 27 2.7. METHOD OF AWARD 27 2.8. CONDITIONS FOR RENEWAL 27 2.9. NON -APPROPRIATION OF FUNDS 28 2.10. INSURANCE REQUIREMENTS 28 2.11. BID BOND/SURETY BOND 31 2.12. PERFORMANCE BOND 31 2.13. RESPONSIBLE WAGES AND BENEFITS 31 2.14. PROJECT MANAGER 31 2.15. PROPOSAL FEES 31 2.16. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 32 2.17. EXECUTION OF AN AGREEMENT 33 2.18. TRUTH IN NEGOTIATION CERTIFICATE 33 2.19. ADDITIONAL SERVICES 33 2.20. RECORDS 33 2.21. FAILURE TO PERFORM 33 2,22. TERMINATION 34 2.23. ADDITIONAL TERMS AND CONDITIONS 34 3. Specifications 35 3.1. SPECIFICATIONS/SCOPE OF SERVICES 35 3.2. LOCATIONS OF WORK 35 3.3. PERSONNEL/CREW REQUIREMENT 36 3.4. FREQUENCY SCHEDULE 36 3.5. RECORD KEEPING 37 3.6. MONTHLY REPORT 38 3.7. PREVENTATIVE ROUTINE MAINTENANCE PROGRAM (PMP) 38 3.8. REPAIR SCHEDULE 40 3.9. PARTS - PASS THROUGH COST 42 4. Submission Requirements 43 4.1. SUBMISSION REQUIREMENTS 43 5. Evaluation Criteria 47 5.1. EVALUATION CRITERIA 47 Page 5 of 47 Request for Proposals (RFP) 763388,1 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 twenty-five thousand dollars ($25,000.00) or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request far 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 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 Procurement shall notify all affected Proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any 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 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 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 Proposer shall maintain and retain any and all of 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. Page 6 of 47 Request for Proposals (RFP) 763388,1 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 Proposer(s) at the Contract price(s) established herein, when permissible by federal, state, and local Iaws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting 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 Proposer(s). 1.10. AWARD OF CONTRACT: A. The formal solicitation, 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 Procurement 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. 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 Proposer is in default of these contractual requirements, the City, through action taken by the Department of Procurement, will void its acceptance of the Proposer's response and may accept the response from the next lowest responsive, responsible proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Proposer and its proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Proposer's default. D. The term of the Contract shall be specified in one of three (3) documents which shall be issued to the Successful 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 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) calendar day extension may occur, if, the City and the Successful 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 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 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 proposal is required from all Proposers, if so indicated under the Special Conditions. This check or bond guarantees that a Proposer will accept the order or Contract/Agreement, as proposed, if it is awarded to Proposer. Proposer shall forfeit proposal deposit to the City should City award Contract/Agreement to Proposer and Proposer Page 7 of 47 Request for Proposals (REP) 763388,1 fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal deposits are returned to Unsuccessful Proposers within ten (10) calendar days after the award and Successful Proposer's acceptance of award. If sixty (60) calendar days have passed after the date of the formal solicitation closing date. and no Contract has been awarded, all proposal deposits will be returned on demand. 112. 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 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 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 proposing an approved equal. 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) 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 proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm 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 Proposer/Consultant. any Subcontractor/subconsultant, 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 —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 for the same items/services or with the City of Miami's Department of Procurement or initiating department. The Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. 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 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: Page 8 of 47 Request for Proposals (RFP) 763388,1 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 an Prompt Payment. Lack of knowledge by the 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 two hundred thousand dollars ($200,000.00). The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IF13s (bids) between, among others: Potential vendors, service providers, Proposers, 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: Oral communications with the City Procurement 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, 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 Procurement staff. Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same Page 9 of 47 Request for Proposals (RFP) 763388,1 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 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 clerks@miamigov.com, 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 ContractlAgreement 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 — 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 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. 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. 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. 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 (2) years. 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 Proposer to immediate termination of any Professional Services Agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — 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 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 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 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 (3) 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. Page 10 of 47 Request for Proposals (RFP) 763388,1 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 Ink 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 non -responsibility. 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 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 party'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 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 Proposer to meet any terms of this Agreement, the City will notify the 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. Page 11 of 47 Request for Proposals (RFP) 763388,1 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 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 to comply with these requirements may deem a response non -responsive. A. Responsible Proposer shall mean a Proposer who has submitted a proposal 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 Proposer(s) during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred twenty (120) calendar days from approval by the City Commission Any discounts offered by a manufacturer to 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 Procurement 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 Page 12 of 47 Request for Proposals (RFP) 763388,1 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 Proposer or most advantageous Proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices 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: 1. Proposer fails to acknowledge receipt of Addenda; 2. Proposer miss -states 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 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. 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 Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3. The City may require the 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 Page 13 of 47 Request for Proposals (RFP) 763388,1 solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be fisted 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 terms 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 Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the proposal price, unless otherwise specified in this formal solicitation. Failure to do so may be cause for rejection of proposal. 1.37. FIRM PRICES - The 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 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 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, 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 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 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 hear 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 (HIPPA) - Any person or entity that performs or assists the City of Ivliami 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 (HIPPA) 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; Page 14 of 47 Request for Proposals (RFP) 763388,1 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 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 Proposer must give its customers written notice of its privacy information 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 laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor 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 —Proposer must furnish all information requested in the spaces provided in the formal solicitation. Further, as may be specified elsewhere, each Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (IvISDS) 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. Page 15 of 47 Request for Proposals (RFP) 763388,1 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 ofa decision or intended decision or within thirty (30) calendar after proposal closing, whichever is earlier. 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 Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) calendar days after receipt of Notice of Award, the Successful Proposer, shall furnish Evidence of Insurance to the Procurement 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 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 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 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 Proposer submits the lowest proposal price, and the proposal submitted by one (1) or more responsive, responsible local Proposers who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Proposer. then that non -local Proposer and each of the aforementioned responsive. responsible local Proposers shall have the opportunity to submit a best and final proposal equal to or lower than the amount of the low proposal previously submitted by the non -local Proposer. Contract award shall be made to the lowest responsive, responsible Proposer submitting the lowest best and final proposal. In the case of a tie in the best and final proposal between a local Proposer and a non -local Proposer, Contract award shall be made to the local Proposer." B. City Code Section 18-86, states, "the RFP, RFLI or RFQBi, 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. Page 16 of 47 Request for Proposals (REP) 763388,1 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate Manufacturer's Certification of all statements made in the proposal. Failure to provide such certification may result in the rejection of proposal or termination of Contract/Agreement, for which the Proposer must bear full Iiability. 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 Procurement 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 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 Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in 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 -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, 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, 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 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 Page 17 of 47 Request for Proposals (RFP) 763388,1 the 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. 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 Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the 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 furnish 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) -Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All proposed amounts, if required, shalt be either typewritten or entered into the space provided with ink. Failure to do so will be at the Proposer's risk. A. Each Proposer shall furnish the information required in the formal solicitation. The Proposer shall sign the response and print in ink or type the name of the 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. Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the 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 Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The 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. 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 one hundred eighty (180) calendar days. Upon award of a Contract. the content of the Successful 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 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 market change or on the part of the Contractor to other customers shall be passed on to the City of Miami. Page 18 of 47 Request for Proposals (RFP) 763388,1 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturers 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 -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. 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 Proposer must enter zero (0) for the percentage discount to indicate no discount. If the 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 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. 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. Page 19 of 47 Request for Proposals (RFP) 763388,1 1.69. 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 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 twenty-five thousand dollars ($25,000.00), 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) 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 twenty-five thousand dollars ($25,000.00), Protests thereon shall be governed by the Administrative Policies and Procedures of Procurement. A. Protest of Solicitation. 1. 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 (3) calendar 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 2. Any prospective Proposer 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 (3) calendar 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. B. Protest of Award. 1. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two (2) calendar 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 Procurement 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 Page 20 of 47 Request for Proposals (RFP) 763388,1 Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Proposer to check this section of the website daily after responses are submitted to receive the notice; or 2. Any actual Responsive and Responsible Proposer whose proposal is lower than that of the recommended Proposer 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 (2) calendar days after receipt by the Proposer of the notice of the City's determination of non -responsiveness or non -responsibility. The receipt by Proposer 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. 3. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) calendar 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. 4, Authority to resolve protests: hearing officer(s). Hearing officers appointed by the City shall have authority to resolve protests filed under this chapter of the City Code. The City Manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the City Commission, to resolve protests filed in accordance with this section, no later than five (5) working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten (10) calendar days after he/she holds a hearing under the protest. a) Hearing Officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer who has served as an appellate or trial court judge, The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the City Commission adopts a recommendation of the City Attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. b) Right and protest. Any actual Bidder or Proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the City regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearting must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a), The notice of intent to protest and the actual protest must each be timely received by the Chief Procurement Officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. Page 21 of 47 Request for Proposals (RFP) 763388,1 c) Hearing date. Within thirty (30) days of receipt of the notice of protest, the Chief Procurement Officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the City relative to the solicitation or the award, which may include a recommendation for award by the City Manager to the City Commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. d) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: 1) The City shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. 2) The party, any intervenor, and the City shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional Five (5) business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested. as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five (5) business days before the hearing, as applicable. The hearing officer shall allow a maximum of two (2) hours for the protest presentation and a maximum of two (2) hours for the City response. When there is an intervenor, a maximum of two(2) hours will be added for the intervenor. In the event of multiple protest for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one (1) day. 3) The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. 4) The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 5) Within ten (10) calendar days from the date of the hearing, the hearing officer shall complete and submit to the City Manager. the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. 6) The decisions of the hearing officer are final in terms of City decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. 5. Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or 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 party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having Page 22 of 47 Request for Proposals (RFP) 763388,1 followed the procedure set forth in this section 6. 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. 7. Costs. All costs accruing from a protest shall be assumed by the protestor. 8. 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 five thousand dollars ($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, Proposer(s) will be notified to remove samples, at their expense, within thirty (30) calendar 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 Proposer shall define all warranty, service and replacements that will be provided. 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 Proposer shall quote not more than the Contract price; failure to comply with this request will result in disqualification of 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. Proposers are welcome to attend the solicitation closing; however, no 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 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: Page 23 of 47 Request for Proposals (RFP) 763388,1 FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO USI. US1 SOUTH TO 27TH AVE„ TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RICHT. FROM THE SOUTH: US1 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 proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of 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, Proposers should be aware of the fact that all materials and supplies which are purchased by the 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 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 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 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 forty-five (45) calendar 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 Page 24 of 47 Request for Proposals (REP) 763388,1 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 attorney's fees and for costs and attorney'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 Proposer(s) nor any of his/her employees shall perform any Work or deliver any goods unless a change order is issued and received by the Contractor, The qualified 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, 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 25 of 47 Request for Proposals (RFP) 763388,1 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Stormwater Pump Station Maintenance and Repair, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. PRE -PROPOSAL CONFERENCE A Voluntary pre -proposal conference will be held on September 26, 2017 at 10:00 a.m. at City of Miami MRC 6th Floor North Conference Room, 444 SW 2nd Ave. Miami FL 33130. The purpose of the pre -proposal conference is to allow potential Proposers an opportunity to present questions to staff and obtain clarification of the requirements of the proposal documents. It is the Proposers responsibility, prior to submitting a proposal, to acquaint himself/herself thoroughly, regarding any and all conditions and/or requirements that may in any manner affect the work to be performed. No allowances will be made because of lack of knowledge of these conditions. 2.3. 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@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 October 2, 2017 at 5:00 p.m.. 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. 2.4. MINIMUM QUALIFICATIONS Proposals will be considered only from firms that are regularly engaged in the business of providing stormwater pump station maintenance and repair as described in this Solicitation. Proposers shall: (1) Have a record of performance for five (5) years under its current business name. (2) Have adequate financial support, equipment and personnel to insure that they can satisfactorily provide the maintenance and repair if awarded a Contract under the terms and conditions herein stated. (3) 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. (4) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last five (5) years. (5) Have a current certified Contractor's license from the State of Florida Construction Industry License Board for the class of Work to be performed or the appropriate Certificate of Competency or the State's Contractor's Certificate of Registration as issued by Miami -Dade County Code, which authorizes the Proposer to perform the proposed Work. If any or all Work required in conjunction with this proposal is performed by a Subcontractor(s). an applicable Page 26 of 47 Request for Proposals (RFP) 763388,1 Certificate of Competency issued to the Subcontractor(s) shall be submitted with the Proposer's proposal. A copy of the Certificate must be submitted with the proposal. (6) Hold a Miami -Dade County Municipal Occupational License issued by Miami -Dade County in the trades of mechanical, plumbing, electrical, machine shop, and testing services. 2.5. REFERENCES Each proposal must be accompanied by a list of three (3) references, complete Attachment B - Reference Submittal Form, which shall include for each Project of the three (3) references, the name of the company, dates covering the term of the Contract, client contact person and phone number, and statement of whether Proposer was the Prime Contractor or Subcontractor. Failure to comply may deem proposal non -responsive. 2.6. TERM OF CONTRACT The Proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s) ") shall be required to execute a Contract ("Contract") with the City, which shall include, but not be limited to, the following terms: a) The term of the Contract(s) shall be for three (3) years, with an option to renew for two (2) additional two (2) year periods. b) The City shall have the option to extend or terminate the Contract. Continuation of the Contract beyond the initial period is a City prerogative: not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.7. METHOD OF AWARD Award of the Contract will be made to the two (2) highest ranked, responsive and responsible Proposers on a Primary and Secondary basis. In the event the Primary Contractor is unable to perform a task(s) due to capacity, time constraints, or other reasons acceptable to the City, the City will offer the task(s) to the Secondary Contractor. The City additionally reserves the option to obtain quotes from either of the Contractors for specific additional Services, prior to the provision of the same. Should the City determine the Primary Contractor's quote is too high or incomplete, the City has the right to obtain a quote from the Secondary Contractor, in order to obtain the required service in the most expedient manner and at the best possible price. The City reserves the right to award a Contract(s) as deemed in the best interest of the City. The City reserves the right to accept or reject any or all proposals or part of proposals, waive informalities and re -solicit these Services specified herein. 2.8. CONDITIONS FOR RENEWAL Each renewal of this Contract is subject to the following: a) Continued satisfactory performance compliance with the specifications. terms and conditions established herein; b) AvaiIability of funds. Page 27 of 47 Request for Proposals (RFP) 763388,1 2.9. NON -APPROPRIATION OF FUNDS 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 Proposer(s) 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). 2.10. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall, indemnify, hold / save harmless and defend at its own costs and expense, the City and its officials, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of Successful Proposer's performance under the provisions of the contract, including all acts or omissions to act on the part of Successful Proposer, including any person performing under this Contract for or on Successful Proposer'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 Successful Proposer shall furnish to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130; Certificate(s) of Insurance which indicates that insurance coverage has been obtained which meets the requirements outlined below: INSURANCE REQUIREMENTS FOR STORMWATER PUMP STATION MAINTENANCE AND REPAIR 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 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 Page 28 of 47 Request for Proposals (RFP) 763388,1 II. 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 III. 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: $ 2,000,000.00 Aggregate: $ 2,000,000.00 City of Miami listed as an additional insured Excess Follow Form over all applicable liability policies contained herein Page 29 of 47 Request for Proposals (REP) 763388,1 V. Contractor's Professional Liability Limits of Liability Each Claim: $ 1,000,000.00 Policy Aggregate: $ 1,000,000.00 Retro Date included VI. Contractor's Pollution Liability Limits of Liability Each Occurrence: $ 1,000,000.00 Policy Aggregate: $ 1,000,000.00 City of Miami listed as an additional insured VII. Garage Keepers Legal Liability: $ 150,000.00 BINDERS ARE UNACCEPTABLE The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Proposer. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 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/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) calendar days written advance notice to the certificate holder. NOTE: CITY REQUEST FOR PROPOSAL NUMBER AND/OR TITLE OF REQUEST FOR PROPOSAL MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Proposer of his liability and obligation under this Section or under any other Section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: • Suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Proposal. • The City may, at its sole discretion, terminate this Contract for cause and seek re -procurement damages from the Successful Proposer in conjunction with the General and Special Terms and Conditions of the Page 30 of 47 Request for Proposals (RFP) 763388,1 Request for Proposal. The Successful Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period: including any and all option terms that may be granted to the Successful Proposer. 2.11. BID BOND/SURETY BOND All Proposals must be accompanied by a Bid Bond in the amount of five percent (5%) of the total Proposal submitted, to be in the form of a Cashier's Check or Money Order made payable to the City of Miami or a bond written by a surety company authorized to do business in the State of Florida and compliant with State Statute 287.0935. The bond, from all unsuccessful Proposers, if in the form of a Cashier's Check, will be returned after Proposal award. 2.12. PERFORMANCE BOND Within ten (10) working days following notice of award by the City, the Successful Proposer(s) shall furnish to the City of Miami, a Performance Bond in the total amount of the Cost to the City 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 comply with Florida State Statute 287.0935: or an Irrevocable Letter of Credit drawn from a bank authorized to do business in Florida. 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 Proposer(s). 2.13. RESPONSIBLE WAGES AND BENEFITS Pursuant to Section 18-120 of the City of Miami Procurement Code, entitled "Responsible Wage Construction Contracts", the Contract to be executed for completion of this Project shall require the Prime Contractor and all of the Subcontractors to pay Miami -Dade County Responsible Wages and Benefits to all laborers and mechanics assigned to the Project. Proposers shall incorporate into their proposal the required Responsible Wages and Benefits for 2017 Building Construction which are found at the following hyperlink: http://www. miamidade.gov/smal lbusiness/li brary/reports/wages/2017/2017-Highway-Construction-Responsible-Wa ges-and-Benefits.pdf. 2.14. PROJECT MANAGER Upon award, Successful Proposer shall report and work directly with the Calitza Diaz -Torres, Public Works Legislative and Contracts Manager, or designee, who shall be designated as the Project Manager for the City. 2.15. PROPOSAL FEES Proposer shall detail any and all fees and costs to provide the required services as detailed in Section 3, Scope of Services herein, and Attachment C - Price Proposal. The City reserves the right to add or delete any service, at any Page 31 of 47 Request for Proposals (RFP) 763388,1 time, or as needed. Should the City determine to add an additional service for which pricing was not previously secured, the City shall ask the Successful Proposer to provide reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s). Failure to submit Attachment C - Price Proposal at time of submission of proposal, may deem Proposer's proposal non -responsive. 2.16. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation. selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses; (3) Opening and listing of all responses received; (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified herein; (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded; (7) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such negotiations thereof; (8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof; (9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the City Manager; (10) The City Manager shall then submit his or her award recommendation and negotiated contract (s) to the City Commission for approval. Written notice shall be provided to all proposers. (1 1) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Procurement 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 Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (12) After reviewing the City Manager's recommendation, the City Commission may: 1, Approve the City Manager's award recommendation and negotiated contract(s); 2. Reject all proposals; 3, Reject all proposals and instruct the City Manager to reissue a solicitation; or Page 32 of 47 Request for Proposals (RFP) 763388,1 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience. qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer. 2.17. EXECUTION OF AN AGREEMENT The Successful Proposer(s) evaluated and ranked in accordance with the requirements of this solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement (Agreement) with the City. The City reserves the right to execute or not execute, as applicable an Agreement with the Successful Proposer(s) in substantially the same form as the draft Agreement included as part of this solicitation. Such Agreement will be furnished by the City, will contain certain terms as are in the City's best interest, and will be subject to approval as to legal form by the City Attorney. 2.18. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposers) shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original Contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the Contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such Contract adjustments shall be made within one (1) year following the end of the Agreement. 2.19. ADDITIONAL SERVICES Services not specifically identified in this solicitation may be added to any resultant Contract upon successful negotiation and mutual consent of the contracting parties. Refer to Section 2.12, Proposal Fees, 2.20. RECORDS During the Contract period, and for at least five (5) subsequent years thereafter, Successful Proposer(s) shall provide City access to all files and records maintained on the City's behalf. 2.21. FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer(s), or Successful Proposer(s Project Manager, 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 the Successful Proposer(s) in default of the Contract or make appropriate reductions in the Contract payment. Page 33 of 47 Request for Proposals (RFP) 763388,1 2.22. TERMINATION A. FOR DEFAULT The City reserves the right to terminate this Contract upon ten (10) calendar days written notice of default, in part or in whole, or place the Successful Proposer on probation in the event that the Successful Proposer fails to perform in accordance with the terms and conditions contained herein. This may be done by the City without recourse or penalty to the City. The City further reserves the right to suspend or debar the Successful Proposer in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement costs shall be borne by the Successful Proposer. 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 convenience by the City of Miami the Successful Proposer 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. 2.23. 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 Proposer's authorized signature affixed to the Proposer'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 34 of 97 Request for Proposals (RFP) 763388,1 3, Specifications 3.1. SPECIFICATIONS/SCOPE OF SERVICES The Successful Proposer(s) shall: A. Furnish all labor, machinery, tools, machine shop facilities, fuels, lubricants, fluids, testing services, cellunetics, alarm, CO2 system, waste disposal services, means of transportation, supplies, equipment, and materials necessary to operate, inspect, maintain and repair as needed the thirteen (13) existing City of Miami (City) stormwater pump stations in fully functional condition and accepts operation, inspection, repair, and maintenance responsibility for any pump stations which are proposed and/or under construction as soon as they become operational. B. Provide the necessary equipment, to include but not be limited to: flatbed truck, a crane to lift the heavy pumps and motors for check-up and vibration test analysis, etc. Successful Proposer shall have its own repair shop to perform this service and a dip and bake machine on the premises for the yearly motor wiring inspection. Scheduling of all Work, as included herein, shall be approved by the City Engineer prior to implementation. All Work shall be performed using superior maintenance and repair standards and techniques. C. Maintain an adequate inventory of material and supplies to operate the pump stations, perform anticipated repairs in a timely fashion, perform proper preventative maintenance (some inside storage at each site is available). Material and supplies must include, but are not limited to: belts and tune-up parts, filters, grease, lubricants (for diesel engines and other mechanical equipment), diesel fuel, light fixtures, bulbs, breakers, 3 phase monitors, batteries, brooms, paint, brushes, rollers, weed killer, fertilizers, fumigants, garbage bags, pesticides (for general housekeeping), mower, garden hoses and nozzles, extension cords, and any other tools and equipment used in any operation and repair program. D. Connect the pumps to emergency power, as needed, if main electrical power to any pump station is cut off. The Successful Proposer shall disconnect the pumps from main power, connect them to emergency power and disconnect the pumps from emergency power and reconnect them to main power, as appropriate. E. Ensure that adequate fuel to power the emergency "standby" generators is on -hand at each pump station with an emergency generator at all times. The diesel fuel will be provided by the City of Miami General Services Administration (GSA). The Successful Proposer is responsible for maintaining all generator fuel tanks filled and the safe operation of the generators during main power failures as needed. F. A twenty-four (24) hour stand-by telephone number is required to be submitted to the City Engineer or designee, as directed by the Director of Public Works. 3.2. LOCATIONS OF WORK The Project locations are described below and consist of thirteen (13) stormwater pump stations, The locations of the pump stations are: 1. Riverview Pump Station (PS #9903) - 1301 NW 6th Street - Existing Building Structure. 2. Overtown Pump Station (PS #9930) - 1630 NW 4th Street - Existing Building Structure, Page 35 of 47 Request for Proposals (REP) 763388,1 3. Lawrence Pump Station (PS #9931) - 342 SW 7th Avenue - Existing Building Structure. 4. Orange Bowl Pump Station (PS #9924) - 1775 NW 7th Street - Existing Building Structure. 5. West End Pump Station No. 1 - 6311 SW 6th Street, Intersection of SW 63rd Court and SW 6th Street - Existing Submersible Station. 6. West End Pump Station No. 2 - 6321 SW 2nd Street, Intersection of SW 63rd Court and SW 2nd Street - Existing Submersible Station. 7. West End Pump Station No. 3 - 501 Tamiami Canal Road, Intersection of NW 64th Court, NW 3rd Street, and Tamiami Canal Road - Existing Submersible Station. 8. West End Pump Station No. 4 - 6250 Tamiami Canal Road, Intersection NW 62nd Court, NW 5th Street, and Tamiami Canal Road - Existing Submersible Station. 9. Antonio Maceo Pump Station - 5105 NW 7th Street, southwest corner of Antonio Maceo Park at NW 7th Street and NW 51st Avenue - Existing Submersible Station. 10. Mary Brickell Village - Existing Submersible Station. 11. San Marco Island - Existing Submersible Station. 12. Brickell Avenue at SE 12th Street Pump Station - Existing Submersible Station. 13. Belle Meade Pump Station - 7747 NE 8th Avenue - Existing Submersible Station. 3.3. PERSONNEL/CREW REQUIREMENT The Successful Proposer(s) shall: A. Provide sufficient service personnel to operate the pump stations. A minimum crew shall consist of two (2) skilled laborers and one (1) Superintendent which are required to inspect and maintain all pump stations per Section 3.4 Frequency Schedule. B. Provide a full crew to operate and provide twenty-four (24) hour access to All pump stations during City of Miami emergencies, such as prior to, during, or in the immediate aftermath of a hurricane or other severe storm, as determined by City Administrators, Emergency Manager, City Officials, or the City Engineer until the emergency situation has ceased. A full crew shall consist of one (1) Supervisor and three (3) skilled laborers. 3.4. FREQUENCY SCHEDULE This is the minimum frequency schedule for inspection to all thirteen (13) pump stations, listed in Section 3.2 Locations of Work. The frequencies established for repetitive maintenance tasks are minimum frequencies, which shall be increased, if deemed necessary, and requested by the City. If the Successful Proposer would like to visit the stations more often it would be at no additional cost to the City unless authorized and approved in writing to the City Engineer. Page 36 of 47 Request for Proposals (RFP) 763388,1 Station/Scheduled Time to Inspect the Station Monday Tuesday Wednesday Thursday Friday Riverview Pump Station X X X Overtown Pump Station X X X Lawrence Pump Station X X X Orange Bowl Pump Station X X X West End Pump Station No. 1 X West End Pump Station No. 2 X West End Pump Station No. 3 X West End Pump Station No. 4 X Antonio Maceo Pump Station X Mary Brickell Village Pump Station X San Marco Island Pump Station X Brickell Avenue at 12th Street Pump Station X Belle Meade Pump Station X 3.5. RECORD KEEPING The Successful Proposer(s) shall: A. Maintain weekly record keeping of maintenance performed on all electrical and mechanical equipment including underground and above -ground fuel storage tanks and associated monitoring wells as per Miami -Dade County and State of Florida regulations. B. Maintain a log of all activities performed at each station. Display prominently the following documents: Florida Department of Environmental Protection (FDEP) Storage Tank Registration Placard, Current Certification of Financial Responsibility (CFR), and the current local government permit (Miami -Dade County Department of Environmental Resources Management (DERM)). Weekly record keeping of the hours of operations for all the pumps discharging to the Tamiarni Canal C-4 per South Florida Water Management District (SFWMD) requirements. C. Identify and notify promptly the City Engineer of any non -routine maintenance activity and prepare for his approval a detailed cost estimate of any activity so identified as beyond the Scope of Work. Note: A Cellunetics system will be installed at all pump stations be end of FY 2018. Successful Proposer shall be responsible for the maintenance and operation of this antenna/alarm system. The current system is installed at Lawrence and Riverview Pump Station. Page 37 of 47 Request for Proposals (RFP) 763388,1 3.6. MONTHLY REPORT The Successful Proposer(s) shall: A. Submit monthly reports to the City Engineer of all routine activities performed at each station including visual examinations of equipment performance, tightness, pressure, and integrity tests, test results, equipment and other repairs, general operation and maintenance records with the monthly invoices. The City reserves the right not to approve any monthly invoice not accompanied by a monthly report describing maintenance and repairs performed during that month. 3.7. PREVENTATIVE ROUTINE MAINTENANCE PROGRAM (PMP) TO BE USED AT ALL PUMP STATIONS The Successful Proposer(s) shall: A. Ensure the proper functioning of the electrical and mechanical equipment on all stations through the development and implementation of a Preventative Routine Maintenance Program (PMP). The PMP must be approved by the City Engineer prior to the Notice to Proceed (NTP) being provided. B. Monitor and document underground and above -ground storage tanks and monitoring of wells must be included in the PMP in order to keep the station operating at an optimal level of performance. The monitoring and documentation shall be required by DERM, SFWMD and City's National Pollutant Discharge Elimination System (NPDES) and Fire Rescue. C. Contact the manufacturer and obtain the requirements for operation and maintenance of each piece of equipment in order to satisfy completely and correctly the information required for PMP. In the event that this information is not available, the Successful Proposer shall use his professional judgement and experience in maintenance of similar pieces of equipment. The following tasks shall be included in the PMP for each pump station: A. Mechanical 1. Inspection of pumps, windings, stators, rotors, bar screens, gears, motors, motor components, and appurtenances. Clean and lubricate according to manufacturer's instructions. Adjust, repair, or replace as needed. 2. Complete inspection of angle drives, conveyors, bar screen systems, and associated components. Adjust, repair, or replace as needed. 3, Inspection of clutches and drive mating equipment. Adjust, repair, or replace as needed. 4. Inspection of all belts. Repair and/or replace as needed at no additional cost to the City. 5. Inspections of any and all gate structures, to include slide gates, sluice gates, and rod screw devices and appurtenances. Adjust, repair, and replace as needed. 6. Regular fluid and filter changes of diesel engines. General lubrication and tune-ups per manufacturer's specifications, 7. Inspection of all belts. Adjust, repair and/or replace as needed. 8. Inspection of diesel engines. Maintain fluid levels and filters, replacing filters as necessary. General lubrication and tune-ups per manufacturer's specifications. 9. Inspection of breathers, fuel pressure gages, lubricating oil pressure gates, tachometers, water temperature Page 38 of 47 Request for Proposals (RFP) 763388,1 gages, heat exchangers, regulator devices, etc. Adjust, repair, and replace as necessary. 10. [nspections of water and petroleum product piping and fittings. Adjust, repair, or replace any deficiency noted. 11. Test all backflow preventers once per year by a certified plumber and submit annual certification to the Miami -Dade Water and Sewer Department. 12, Complete cleaning of wet wells of accumulated garbage and debris once per year, especially sand and silt accumulations at the bottoms of wet wells. 13. Inspection and Yearly Testing of the existing CO2 fire retardant system. B. Electrical 1. Weekly inspection, cleaning and lubrication of transformers. 2. For a complete working system inspect weekly alternators. phase monitors and batteries. 3. Inspection of wiring, grounding, ground wires, safety switches, connections in the electrical panel board, and circuit breakers. 4, Detailed inspection of all electrical transformers. Inspection of safety switches. The replacement of fuses as needed. 5. The replacement of fourteen (14) 3 Phase Monitors, as needed, 6, For a complete working system inspect alternators, batteries, etc. Adjust, repair, or replace as needed. 7. Setting and adjustment of float switch levels, as needed. 8. At each station, inspection and maintenance of any emergency "standby' generators that may be present. Inspection of generators to be performed at least once per week. Maintenance, lubrication and exercise of generators as needed, according to the manufacturer's instructions. Contractor is responsible for contacting manufacturer if needed to perform routine maintenance. 9. Inspection of pump magnetic starters ("contactors"). Adjust, repair, or replace as needed. 10. Inspection of soft starters. Adjust, repair, or replace as needed. 11. At each station where applicable, maintenance of the fuel storage tanks, to include the use of fuel additives, fuel tank flushing, removing accumulated water from sumps, and maintaining each fuel tank in accordance with any and all permits issued by the Miami -Dade County Department of Environmental Resources Management. Weekly visual inspections of all storage tank system components, including but not limited to tanks, piping, monitoring wells, interstitial monitoring devices, and sumps. Maintain a weekly log of inspections which notes condition of all components and results of interstitial monitoring. C. Civil/Site 1. At each station, inspection and maintenance of the overall building for structural integrity and architectural appearance of the building. 2. Weekly inspections of fences, gates, trees, lawn, sprinkler systems, overall landscaping, etc. Adjust, repair, or replace any deficiency noted. 3. General Housekeeping at each station. 4. Grass and shrubs cutting, tree trimming and general landscaping to maintain a safe and clean environment at all pump stations at all times. 5. Application of fertilizers and non -restricted use pesticides as necessary. 6. Sweeping and washing pump station floors as needed, to provide a safe and healthy working environment. 7. Removal and disposal of garbage, debris, and other waste materials as needed. 8. Wall and roof minor repairs (patching) and minor interior painting as needed. 9. Exterior painting as needed. 10. Install "No Trespassing" Signs in order to deter vandalism. 11. Removal of graffiti. Page 39 of 47 Request for Proposals (RFP) 763388,1 12. Maintain the station address and contact phone number signs in proper condition. 13. Contractor is responsible for providing all materials necessary for housekeeping, to include trash bags, paint, brushes, rollers, Iight bulbs, brooms, mops, etc. 14. Maintain all station logs for DERM inspection such as placard, diesel logs, painted valves, spill kit, etc. 15. Maintain the pump station fencing and gates system in a safe and proper working condition. D. Instrumentation and Controls 1. Inspection of all instrumentation and controls. Adjust, repair, or replace as needed. 2. Weekly inspection of instrument panels, governor controls, etc. Adjust. repair, or replace as needed. 3. Weekly inspection of interior and exterior illumination, alarm systems, sensors, mechanical and electrical equipment controls and. Adjust, repair, and replace as needed. E. Structural 1. Weekly inspections of wall and roof hatches, louvers, ladders, catwalks, gratings. Adjust, repair, or replace any deficiency noted. 3.8. REPAIR SCHEDULE The Successful Proposer(s) shall: 1) Develop and implement a formal repair schedule for the mechanical, electrical, civil/site, instrumentation and controls, structural, and miscellaneous portions of the stormwater pump stations. 2) Submit a Repair Schedule for each pump station; to be Approved by the City Engineer prior to being provided the NTP. The repair services to be provided include, but are not limited to, the repair of electrical panels and float switches, rewinding of stators and rotors, replacement of bearings and seals, complete motor repair, rewinding of transformers, machining, repair of' pumps and generators, crane services and additional services, if required. 3) Perform the repairs "in-house," at Proposer's own facility or shop. The Successful Proposer(s) must obtain however, prior written approval from the City Engineer in order to use the services of any other repair shop. Any additional repair not covered must be returned, in writing, to the City Engineer and at this time, the City may opt to formally bid out the parts or the entire Work required to continue with a working system at any of the pump stations. The following repairs shall be included within the Repair Schedule: A. Mechanical 1. Troubleshooting all pump and motor components, bar screens. slide gates, sluice gates. conveyors, refuse containers, and/or any other mechanical appurtenances, as necessary, minimum one hundred fifty (150) hours of troubleshooting per year. 2. The complete repair of pump station motors and pumps, as needed, including the removal and installation of pumps and/or motors and provision of crane service, as necessary. 3. The disassembling and reassembling of pumps and motors in a machine shop, as necessary for repairs. 4, The disassembling and reassembling of clutches. Page 40 of 47 Request for Proposals (RFP) 763388,1 5. The complete repair of gears, including removal and installation. 6. The inspection of all pump and motor parts, as needed for repair. 7. The steam cleaning and sandblasting of all pump and motor parts. 8. Winding double -dips and bakes, to be performed "in-house". 9. The rewinding of stators and rotors. 10. The replacement of bearings and seals. 11. The machining of ball bearings. 12. The "in-house" performance of surge comparison tests. 13. Dynamic balancing of all rotors to be performed "in-house". 14. Checking all mechanical tolerances of pumps and motors, to be performed "in-house". 15. The performance of any and all diagnostic tests necessary during the repair process. 16. The repair of any gate structures, such as, but not limited to, slide gates, sluice gates, and rod screw devices, including the manufacture of new gate structures and the replacement of any existing gate structures. 17. The removal, repair, and installation of pump gears. 18. The removal, transport to machine shop, disassembly, inspection, repair, and installation of pump clutches. The performance of a vibration and on-line tests in the presence of a City of Miami representative and the submission of a written report on the results of each test to the City Engineer. 19, Repair a backflow preventer with a certified plumber, as necessary and maintain free from leaks. 20. Diesel fuel will be provided by GSA. The Successful Proposer is responsible for keeping a log and making sure the tanks has sufficient diesel in order to operate the generators and pumps in case of an emergency or power failure. B. Electrical 1. Connecting and disconnecting pumps to emergency and electrical grid power. 2. Operating pump stations via power supplied by emergency "standby" generators, as needed, for a minimum of eighty (80) hours per pump station per year. 3. Performing any tests necessary prior and subsequent to the connection and disconnection of generator power and reconnection of pumps to the electrical grid. Note: a test battery includes all tests necessary prior to connection and disconnection of generator power at a given pump station during a single power outage event. 4. Electrical and/or mechanical disconnection and connection of motors, including motor installation, reconnection, laser alignment, and on -site balancing. 5. The electrical disconnection and reconnection of transformers. 6. Troubleshooting of electrical panels and float switches. 7. Repair of electrical panels at any station. 8. Repair of float switches at any station. 9. The rewinding of transformers. 10. The complete repair of emergency "standby" generators. 1I. The complete repair, installation, and/or replacement of pump magnetic starters (contactors) as necessary, to include all associated operations. C. Civil/Site 1. Repair and maintenance of all sprinkler systems at the pump stations. 2. The repair of fences and gates. 3. Painting and maintaining the station free of graffiti all year round. 4. Maintain informational signs per station. If a new sign is required, and it was not destroyed by Successful Page 41 of 47 Request for Proposals (RFP) 763388,1 Proposer's negligence, the sign will be provided by City. 5. Maintain a "no trespassing" sign at each of the stations. 6. All stations must be free of graffiti at all times. D. Instrumentation and Controls 1. Troubleshooting of all instrumentation and control systems, as necessary, minimum one hundred fifty (150) hours of troubleshooting per year. 2. Complete repair of all instrumentation and control systems. 3. The complete repair of instrument panels and governor controls. 4. The repair of interior and exterior illumination systems. 5. The repair of alarm systems and sensors. 6. Complete maintenance and repair of the Cellunetics M3 System. Note: the Successful Proposer may subcontract this Work out upon the written approval of the City Engineer. E. Structural 1. The repair and/or replacement, as needed, of any pump station gratings. 2. The repair of wall and roof hatches. 3. The repair of pump station built-in ladders. 4. The repair of pump station catwalks. F. Miscellaneous 1. To replace, as needed, generator or pump batteries and properly dispose of used batteries. 2. To transport any equipment or components to and from the Successful Proposer's machine shop. as necessary for repairs, including crane services and flatbed truck. 3.9. PARTS - PASS THROUGH COST All materials and parts required outside of routine maintenance by the City shall be provided by the Successful Proposer and shall be at the Successful Proposer's actual cost, and evidence of Successful Proposer's cost shall be required. Page 42 of 47 Request for Proposals (RFP) 763388,1 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated, Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the Work contemplated by this solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for Contract award. ALL RESPONSES WILL BE SUBMITTED IN HARDCOPY FORMAT ONLY TO INCLUDE ONE (1) ORIGINAL AND SEVEN (7) COPIES ALONG WITH ONE (I) ELECTRONIC COPY ON CD-ROM OR FLASH DRIVE IN PDF FORMAT. NO ON-LINE SUBMITTALS WILL BE ACCEPTED. 4.2 INSTRUCTIONS TO PROPOSERS A. Include the signed RFP Certification Statement. I. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number, 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures. should be clearly and consecutively numbered and correspond to the table of contents, 3. Executive Summary A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. 4. Minimum Oualification Requirements Provide documentation that demonstrates Proposer's ability to satisfy the Minimum Qualification Requirements (Section 2.4). Proposer's who do not meet the Minimum Qualification Requirements, or fail to provide the supporting documentation, may be deemed non -responsive. 5. Proposer's Relevant Experience. Oualifications, and Past Performance a) Describe the Proposer's organizational history and structure; years Proposer has been in business providing similar service(s) to those requested herein, the current number of employees, and the primary markets served. Page 43 of 47 Request for Proposals (RFP) 763388,1 b) Provide a detailed description of three (3) comparable service Contracts (similar in Scope of Services to those requested herein) which the Proposer has either ongoing or completed within the past five (5) years. The description should identify for each Contract: • Client • Description of Service(s) provided • Annual total dollar value of Contract • Contract duration (dates covered) • Client contact person, title, email and phone number • Statement of whether Proposer is/was the Prime Contractor or Subcontractor • If Proposer was the Subcontractor, identify the Prime • Detail Proposer's responsibilities and the results of the Contract Where possible, list and describe those Services performed for government clients, including the City of Miami, of similar size entities. c) Provide a brief statement concerning any other information or documentation related to Proposer's qualifications and experience, specific to the Work/Services described herein, from which the City of Miami can benefit under this Contract. d) Provide three (3) references from comparable customers on Attachment B - Reference Submittal Form. e) Provide a detailed narrative statement explaining if Proposer has available, the appropriate financial, material, equipment, facility and personnel resources and expertise or firm commitment to obtain them, necessary to meet all contractual requirements of the RFP. f) Provide a brief statement on any information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of the Services to be rendered herein, in which the Proposer, any of its employees or Subcontractors is or has been involved, within the last five (5) years. g) Provide a brief statement acknowledging the Proposer's acceptance of, and compliance specifically with Section 3, Scope of Services. h) Proposer shall identify any exceptions to the terms in Section 3, Scope of Services, of this solicitation. If exceptions are identified, indicate what alternative is being offered by Proposer and the cost implications of the exceptions) to the City of Miami.\ i) Proposer must complete, in its entirety, Attachment D - Supplement to the Proposal. j) Proposer must complete, in its entirety, Attachment A - Certificate of Compliance. Page 44 of 47 Request for Proposals (RFP) 763388,1 6. Key Personnel Performing Services a) Provide an organization chart showing the Project Manager (lead individual), and all key personnel, including their titles, to be assigned to this Contract. The chart must clearly identify the Proposer's employees and those of the Subcontractor or Subconsultants, and shall include the functions to be performed by the key personnel, their location, and confirmation of availability during the City's working hours. Key personnel include all partners, managers, seniors, and other professional staff that will perform Services requested herein (such as the Account Executive and Account Manager that will be assigned to the City's account. and those who will be in charge of the City's account for underwriting, claims, customer service and reporting). b) How many employees does Proposer employ? What percentage of these employees will be assigned to this Contract? c) Describe the experience, qualifications and other vital information, including number of years of relevant experience on previous Contracts, of the Project Manager and all key personnel, who will be assigned to this Contract. d) List the names and addresses of all first tier Subcontractors, and describe the extent of Work to be performed by each first tier Subcontractor. Describe the experience, qualifications and other vital information, including relevant experience on previous similar Contracts, of the Subcontractors who will be assigned to perform Work on Services requested herein. The Work performed by all Subcontractors listed cannot be more than ten percent (10%o) of the total Work for this Contract. e) Provide resumes with job descriptions and other detailed qualification information on the Program Manager, all key personnel, and first tier Subcontractors who will be assigned to this Contract. Note: After proposal submission, but prior to award of any Contract issued as a result of this solicitation, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the list of key personnel. 7, Proposed Approach to Providing the Services a) Describe Proposer's approach to Contract organization and management, including the responsibilities of Proposer's management and key personnel that will perform Services in this Contract. b) Describe Proposer's implementation process and provide a detailed timetable for the anticipated proposed start date of October 1, 2017. Assume that the implementation window will be sixty (60) calendar days. At a minimum, Proposer shall provide the following information: • Implementation Timetable; • Names and titles of key implementation team members and their responsibilities; • Responsibilities of the City. c) Provide in detail any additional Services, if any, not included in the Scope of Services, which Proposer is Page 45 of 47 Request for Proposals (RFP) 763388,1 providing, or which Proposer can make available to the City, at no additional cost to the City. d) What controls does Proposer have in place to ensure accurate and timely completion of Service(s)? Page 46 of 47 Request for Proposals (RFP) 763388,1 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in this solicitation, A responsive proposal is one (1) which follows the requirements of this solicitation, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required. Failure to comply with these requirements may result in the proposal being deemed non -responsive. Proposals will be evaluated by an Evaluation/Selection Committee (Committee) which will evaluate, rate and rank proposals on criteria listed below for each Category. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge to appropriately evaluate, rate and rank the proposals received. The criteria are itemized with their respective weights for a maximum of one hundred (100) points per Committee member, Technical Criteria and Points 1. Proposer's relevant experience, qualifications, and past performance (25 points) 2. Relevant experience and qualifications of key personnel, including key personnel of Subcontractors, that will be assigned to this Contract, and experience and qualifications of Subcontractors (25 points) 3. Proposer's approach to providing the Services requested in this solicitation (25 points) 4. Proposer's Proposed Price (25 points) Note: Proposer shall submit its price on Attachment C — Price Proposal. Local Office, as defined in Section 18-73 of the City of Miami Procurement Note: Pursuant to City Code, Section 18-86, the solicitation includes a five percent (5%) evaluation criteria in favor of Proposers who maintain a local office as defined in Section 18-73. 5.2 PRICE EVALUATION AND ORAL PRESENTATIONS After the evaluation of the technical criteria has been completed, the price proposals for the Proposer's which the Committee deems to warrant further consideration will be evaluated, subjectively, in conjunction with the technical criteria, to determine how well it matches Proposer's understanding of the City's needs. as described herein, the Proposer's assumptions, and the value of the proposed Services. The pricing evaluation is used as part of the evaluation to determine the highest ranked Proposer. The City reserves the right to negotiate the final terms, conditions, and pricing of the Contract as may be in the best interest of the City. Upon completion of the price evaluation, the Committee may choose to conduct oral presentations with the Proposer(s) which the Committee deems to warrant further consideration. Upon completion of the oral presentation(s), the Committee will re-evaluate , re -rate, and re -rank the proposals remaining in consideration, based upon the written documents combined with the oral presentations. Page 47 of 47 RFP NO.: 763388 Attachment D — Supplement to Proposal RFP 763388 - STORMWATER PUMP STATION MAINTENANCE AND REPAIR THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE PROPOSAL, HOWEVER, SUBMISSION OF THE FORM OR ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, MAY BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. FAILURE TO SUBMIT THE FORM OR ADDITIONAL INFORMATION UPON REQUEST BY THE CITY, SHALL RESULT IN THE REJECTION OF THE PROPOSAL AS NON -RESPONSIVE. The undersigned authorized representative of the Proposer certifies the truth and accuracy of all statements and answers provided herein. 1. State the true, exact, correct and complete name of the partnership, corporation or trade name under which Proposer does business and the address of the place of business. (If a corporation, list the name of the president and secretary. If a partnership, list the names of all partners. If a trade name, list the names of the individuals who do business under the trade name). a. The correct name of the Proposer is b. The business is a (Sole Proprietorship) (Partnership) (Corporation) c. The address of principal place of business is: d. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: e. List all organizations which were predecessors to Proposer or in which the principals or officers of the Proposer were principals or officers. f. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. g. List and describe all successful Performance or Payment Bond claims filed against Proposer's Surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Proposer and its predecessor organization(s). REP NO.: 763388 h. List all claims, arbitrations, mediations, civil actions, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the Cast five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the Project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. i. List and describe all criminal proceedings or hearings concerning business related offenses in which the Proposer, its principals or officers or predecessor organization(s) were defendants. j. Has the Proposer, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any governmental agency during the last five (5) years? If yes, provide details. k. Under what conditions did the Proposer request change orders during the last five (5) years? i. What is the nature and amount of the three (3) largest change orders submitted by the Proposer within the past five (5) years, and their disposition? 2. How many years has your organization been in business while possessing the following licenses, certifications, or registrations? License/Certification/Registration Name and Number # Years RFP NO.: 763388 a. Identify Proposer's business trade? 3. What is the last Project of this nature that Proposer completed? 4. Has Proposer ever failed to complete any Work awarded to its Organization? If so, where and why? 5. Provide owner names, addresses and telephone numbers, and Surety and Project names, for all Projects for which Proposer has performed Work, where Proposer's Surety has intervened to assist in completion of the Project, whether or not a claim was filed. 6. List the following information concerning all Contracts in progress as of the date of submission of this proposal (in case of joint ventures, list the information for all joint ventures). Name of Project Owner's Name and Phone No. Total Contract Value Date of Completion % of Completion to Date 7. Has a representative of the Proposer thoroughly inspected the City's Project(s)? Does the Proposer have a formulated plan for its performance? If so, please include. Yes 111 No EJ 8. Will Proposer subcontract any part of this Work? If so, provide the following details for each Subcontractor(s) that will perform any Work. The Work performed by Subcontractors listed cannot be more than ten percent (10%) of the total Work for this Contract. Name of Subcontractor Approximate Percentage of Work to be performed Certification No. (if applicable) Description of Work RFP NO.: 763388 *The foregoing list of Subcontractor(s) may not be amended after award of the Contract without the prior written approval of the City's Contract Administrator identified in the solicitation, whose approval will not be unreasonably withheld. 9. Identify equipment Proposer owns that is available for the Work? 10. Identify equipment that Proposer will purchase for the proposed Work? 11. Identify equipment that Proposer will rent for the proposed Work? 12. State the name of Proposers proposed Project Manager and Supervisor(s) and give details of their qualifications and experience in managing similar Work. Attachment B: Reference Submittal Form RFP NO.: 763388 CATEGORY: FIRM NAME: Reference Section 2.5 Summarized Requirements: Refer to the details in Section 2 Special Conditions, (Paragraph 2.5 References) to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): Past Performance Reference Check #2 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Contact E-mail (if applicable): Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): Past Performance Reference Check #3 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Contact E-mail (if applicable): Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): 1 City of Miami, Florida RFP 763388 EXHIBIT B SCOPE OF WORK The Contractor 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 Contractor 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 Contractor to the entrance of all residences and business establishments. Methods to be used shall be determined by the Contractor with the approval of the City Engineer. 3. Excavation Permit: The Contractor 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 Contractor shall be required to obtain a City of Miami Police Permit, for more information contact (305) 579-6566. The Contractor 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-way 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 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", 18" and 24" cross pipe, two (2) type "D" catch basins with hinged frame and 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 22 City of Miami, Florida RFP 763388 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, 1-1/2" 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 day 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 Contractor 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 'l2 -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 far the proper FDEP application/permit. The price for Item 52 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 '' 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 73 — 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. 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 Contractor at all times in order to properly safeguard traffic and the public. Traffic shall be maintained at all times, where directed by the City Engineer. In the event that any street must be closed to traffic or detoured, it shall be closed or detoured only after approval of the Department of Police and 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. 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 23 City of Miami, Florida REP 763388 c. All costs for traffic control, except for uniformed police, shall be the responsibility of the Contractor. 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 Contractor shall uncover the structure or pipe as directed by the City Engineer so it can be examined to determine the cause of failure. The Contractor 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 be considered incidental to the general work and no additional compensation will be allowed. 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. Polyfilter "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 Zellerback. d. Trevira 1114 or 1115 - manufactured by Hoechst Fiber Industries, P.O. Box 5887, Spartenburg, S.C. e. Polifelt 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 Contractor shall submit a request in writing for approval of fabrics not appearing on this list. 12. Underground Utilities Notification Center: The Contractor 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. 17-2151 REP 763388, Stoimwater Pump Station Maintenance and Repair 24 City of Miami, Florida RFP 763388 14. Defacing of New and Existing Concrete and Pavement: Contractor shall be responsible 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 Contractor'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 Contractor 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 re -plastering 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 Contractor shall retain or employ a Professional Land Surveyor to lay out all storm sewer construction and provide final measurements at the end of each contract year. At the project pre -construction meeting, to be attended by the Contractor'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 Contractor 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 Contractor 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 Bid Item Survey. For abandonment of auger hole structures, the Surveyor must identify each location and present to the City the latitude 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 Contractor for final permit approval. 17-2151 RFP 763388, Stoiinwater Pump Station Maintenance and Repair 25 City of Miami, Florida RFP 763388 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 Contractor 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 Contractor is alerted that Section 403-2.2 prohibits the reuse of metal castings and 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 Contractor 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 Contractor's construction and construction activities or for restoration. 22. Dust Prevention: The Contractor is alerted to Division 4 - Construction Methods, Section 400- 11 pertaining to Dust Prevention. The City intends 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 Contractor 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 Contractor shall relay the lateral from the private property connection to the mainline sewer. This relaying shall include adjustments 17-2151 RFP 763388, Stonuwater Pump Station Maintenance and Repair 26 City of Miami, Florida RFP 763388 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 Contractor shall have the option of substituting Ductile Iron Pipe at no additional cost to the City. 27. Safety: The Contractor 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: a. Excavating and Trenching: • 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; • 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; • 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; • 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; and • 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: • Head protection equipment (helmets) shall be worn in areas where there is a possible danger of head injuries from impact, flying objects or electrical shock and burns; • Helmets for protection against impact and penetration of falling and flying objects shall meet the requirements of ANSI Z89.1-1969; • Helmets for protection against electrical shock and burns 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. 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 27 City of Miami, Florida RFP 763388 Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of Transportation Specifications for Type S-111, 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. Transplanting 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 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 Contractor 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 Contractor 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. 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 28 City of Miami, Florida RFP 763388 36. Existing Underground Structures: The Contractor 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 Contractor in grading operations as some existing underground utilities have a minor cover. The Contractor 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 Contractor'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 Contractor 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 Contractor 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 Contractor shall coordinate his work to cooperate fully with the other contractors, and all utility companies working in the area. The Contractor 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 Contractor. Scheduling of all work shall be as approved by the City Engineer. The Contractor shall be held responsible for any delay 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 Contractor or the utility companies are in dispute concerning lost time or property damages. The Contractor 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 Contractor 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. 17-215! RFP 763388, Stoimwater Pump Station Maintenance and Repair 29 City of Miami, Florida RFP 763388 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 adjusted by the Contractor. 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 Contractor shall overlay existing street surfaces with 1-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 Contractor. Disposal of material will be required to be taken to the nearest Miami -Dade landfill at Contractor's expense. Contractor 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 Contractor 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 Contractor shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. 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 Contractor shall ascertain the location of all electrical cables, all conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any subsurface improvements. In the event any are uncovered, the Contractor shall promptly notify the City Engineer, who shall arrange to relocate the plant material, if possible. The Contractor shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. 17-2151 RFP 763388, StonnwaterPump Station Maintenance and Repair 30 City of Miami, Florida RFP 763388 4. Clean Up: If the Contractor fails to clean up, the City may do so and the cost thereof shall be charged to the Contractor. 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 Contractor. Submit revised schedule when departure from same is necessary. d. Maintenance Guidelines: Submit detailed maintenance guidelines covering fertilization, watering, spraying, trimming, mulching, and any other pertinent issues related to landscape work required to ensure viability of plant material. Submit maintenance guidelines sixty (60) calendar days after award of Contract for review by the City or his representatives. 6. Materials: a. Common Fertilizer: • Shall be delivered to the site in the original unopened containers, each bearing the manufacturer's analysis. • 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: • Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and groundcovers. • Plant species shall conform to those indicated on the drawings and in these Specifications. • 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. • 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. • Collected palms shall be heeled in the nursery for no less than three (3) months prior to final planting. • 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. • 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.". • Plants specified shall be used, substitutes will not be allowed unless sufficient evidence is submitted in writing, indicating plant unavailability. The Contractor is to submit suggested listing of substitutes for review and comment by the City Engineer. No substitutions shall be made unless approved in writing. Said 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 31 City of Miami, Florida RFP 763388 substitutes shall be submitted no less than five (5) working days after Award of Contract. • Any materials and/or work may be rejected if; in the opinion of the City Engineer such does not meet the requirements of these Specifications. All rejected materials shall be promptly removed from the site by the Contractor at his expense. • Plants existing on the site and transplanted by the Contractor shall be subject to Successful Bidder's Guarantee. • Plants used where symmetry is required shall be matched as nearly as possible. The Contractor shall tag all trees and palms at the nursery for review by the City Engineer. The tagging for review shall be made no less than forty five (45) calendar days prior to the projected installation date. All material shall be clearly identified by the use of colored vinyl tapes. The Contractor shall tag ten percent (10%) more than the quantities required and give five (5) working days' notice minimum prior to nursery visit. e. Soil Moist Polymers: Provide Soil Moist acrylic copolymers at the rate specified in 2B.03.III.F to each planting pit/tree or palm planting location. Contact: Nursery and Landscape Supply (305) 235-9311 or Terra International (305) 247-1521. d. Planting Soil: • 50% Muck • 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: • The Contractor shall notify the City Engineer forty-eight (48) hours in advance, when plant material is to be delivered. • Plant material shall be protected from weather, adequately packed to prevent breakage and drying out during transit. • Plants shall not be planted on job until they have been inspected at receiving site, and accepted by the City Engineer. Plants which do not meet specifications for quality herein stated, or plants that show improper handling, or arrive on site in an unsatisfactory condition shall be rejected. Rejected plants shall immediately be removed, disposed of by the Contractor and approved nursery stock of like variety, size and age shall be replaced by him without additional compensation. • Final acceptance of plant material will be given only after material is planted and after meeting requirements prescribed herein. b. Guying and Staking: • All guying and staking shall be indicated in the Specifications. • It shall be the Contractor's responsibility to prevent plants from falling of being blown over, to re -straighten and replace all plants which are damage. Plants blown over by high winds shall not be caused for additional expense to the City, but shall be the responsibility of the Contractor. Damaged plants shall be replaced by the Contractor at no additional expense to the City, except the Contractor shall not be held responsible for the loss or death of any tree, shrub or plant, after being properly planted, as a result of hail storms, lighting, flood, fire or other acts of providence beyond his control. c. Planting of Trees and Palms: • Except as otherwise specified, the Contractor's work shall conform to accepted horticultural practices as used in the trade. 17-2151 RFP 763388, Stoniiwater Purnp Station Maintenance and Repair 32 City of Miami, Florida RFP 763388 • 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. • Before digging holes or beds, the location and/or arrangement of the planting shall be staked by the Contractor and accepted by the City Engineer. The staking should be ready for inspection at least five (5) 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. • The existence and location of underground utilities if shown on the plans are not guaranteed and shall be investigated and verified in the field by the vicinity of existing structures and utilities shall be carefully done. The Contractor shall be held responsible for any damage to, and for maintenance and protections for existing utilities and structures. • All circular pits with vertical sides shall be excavated to sizes and depth as shown in the Specifications (Misc. 17-293-4) and backfilled with planting soil. The Contractor shall test fill all tree/palm pits with water before planting to assure proper drainage and that percolation is available. Pits which are found not to be adequately draining shall be backfilled with coarse gravel or crushed rock. No allowances will be made for lost plants due to improper drainage. • Backfill 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 root ball mid -way in depth. The final level of the ground and that of the sod shall conform to the surrounding grade, • 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. • 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. • 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. • All plants shall be thoroughly watered at time of planting and kept adequately watered until time of acceptance. The Contractor shall provide the means where water fines are not available. • Apply fertilizer to planting beds and saucer areas as follows: o Trees: One (1) pound per inch trunk diameter. Spread fertilizer evenly about the base. Thoroughly water plants before and after fertilization then mulch. • 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. • 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 ('/z) diameter shall be painted with an acceptable tree wound dressing. Trees with pruned terminal leaders will not be accepted. • 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 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 33 City of Miami, Florida RFP 763388 plants. When planting in an area that has been completed, the area shall be thoroughly cleaned up. d. Maintenance Prior to Inspection for Acceptance: • 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. • 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. • Spraying and Dusting: During the maintenance period and up the issuance of certificate of final acceptance, the Contractor shall do all seasonal spraying and/or dusting of plant material. The materials and methods shall be in accordance with highest standard nursery practices and in accordance with all regulatory agencies having jurisdiction. • 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. • Damage resulting from erosion, gullies, washouts or other causes shall be repaired by filling with topsoil, tamping and re -fertilizing by the Contractor at his expense if such damage occurs prior to acceptance by the City Engineer. e. Inspection for Acceptance: • Upon completion of all planting, an inspection for acceptance of work will be held. The Contractor shall notify the City Engineer for scheduling of the inspection five (5) working days prior to the anticipated inspection date. Partially completed portions will not be inspected. It is the Contractor's responsibility to ensure that the work is completed and ready for inspection before calling for same. • 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. • In case substantial numbers of plants are sick or dead at the time of inspection, acceptance will not be granted and the Contractor's responsibility for maintenance of all the plants shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new plants and shall be planted in the same manner. Said replacements are to be made within five (5) working days of said inspection. • After the inspection for acceptance is made and the work is found to be acceptable, the Contractor shall continue to hand water all trees and palms three (3) times a week for four (4) weeks. f. Plant Guarantee and Replacement: 17-2151 RFP 763388, Stnrmwater Pump Station Maintenance and Repair 34 City of Miami, Florida RFP 763388 • Guarantee: All plant materials including site relocated material shall be guaranteed for a period of one (1) 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. • Replacements: During the guarantee period, there shall be monthly inspections between the Contractor and the City or his representative to ascertain the viability of the plant material. Any plant that is missing, dead or fails to become established due to Contractor's negligence shall be replaced at no cost to the Owner within ten (10) working days after the monthly inspection. At the end of the guarantee period, the Contractor shall notify the City that the project is ready for final inspection. Any plant that is not alive or fails to show satisfactory growth or is missing due to Contractor's negligence will be removed and replaced at no cost to the Owner. All replacement after the final inspection shall carry a six (6) month replacement guarantee. Replacements shall be made within ten (10) working days after final inspection. • Materials and Operations: All replacements shall be plants of the same kind and size specified in the Plant Schedule. They shall be furnished and planted as specified with the cost borne by the Contractor. Please refer to the attached plant schedule. 3.3. SODDING The Contractor shall furnish all labor, materials, and equipment, watering and related work required to complete the work in accordance with the contract documents and specifications. 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 Contractor shall ascertain the location of all electrical cables. All conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb or damage any surface improvements. The Contractor shall be responsible for any damage to utilities and structures and shall properly maintain the protection of same. 4. Clean Up: The Contractor at all times shall keep the premises free form accumulation of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all waste materials and rubbish from the project site as well as all his tools, construction equipment, machinery and surplus materials and shall clean all surfaces and leave the project site "broom clean". If the Contractor fails to clean up, the Owner may do so and the cost thereof shall be charged to the Contractor. 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 (10.8.6) as supplied by ATLANTIC FLORIDA EAST COAST 17-2151 RFP 763388, Stonnwater Pump Station Maintenance and Repair 35 City of Miami, Florida RFP 763388 FERTILIZER & CHEMICAL, or equal. Fertilizer shall be delivered to site in unopened containers which shalt bear manufacturer's guaranteed statement of analysis or a manufacturer's Certificate of Compliance covering analysis. Furnish guarantee statement of certificate of compliance to the Owner or his representatives. c. Sod: • Sod shall be St. Augustine Grass (Floratam) Solid Sod. • 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 more than a week before cutting into uniform dimensions. Certifications as to type of grass and other requirements shall be made and submitted to the Owner or his representative. d. Sand: Provide clean, fine sand. e. Water: The Contractor 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 Contractor shall perform the preparation of the areas to be sodded as herein specified: • The Contractor shall remove all existing grasses and weeds from the areas to be sodded. The Contractor shall smooth out all areas to establish an even grade for sod planting. All areas shall be graded to drain. • 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. • 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. • The Contractor should call for an inspection for approval of graded areas prior to sodding. • Water the soil twenty-four (24) hours prior to sodding. • 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. • 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. • The finished level of sod areas after rolling and tamping shall be one half inch (%) below the top of abutting paved areas. • 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 17-2151 RFP 763388, Stonn eater Pump Station Maintenance and Repair 36 City of Miami, Florida RFP 763388 after sodding is executed and shall continue in accordance with the following requirements: • The Contractor shall be held responsible for maintenance of sodded areas, including watering, spraying, weeding, mowing and replanting as necessary to establish a uniform stand of the specific grass and until acceptance. After the grass has started, all areas and parts of areas which fail to show a uniform stand of grass, for any reason whatsoever, shall be replanted, repeatedly if necessary, until all sodded areas are covered with satisfactory growth of grass. 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. • 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 (1 ") 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. • 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 Contractor at his expense if such damage occurs prior to acceptance. d. Inspection for Acceptance: • Upon completion of all sodding operations, an inspection for acceptance of work will be held. The Contractor shall notify the Owner or his representatives for scheduling of the inspection ten (10) working days prior to the anticipated inspection date. • At the time of acceptance inspection, if the materials are in whole or in substantially acceptance, a written notice will be given by the Owner or his representative to the Contractor that the guarantee period begins from date of inspection. • In case substantial areas of sod are sickly or dead at the time of inspection, acceptance will not be granted and the Contractor's responsibility for maintenance of all the sodded areas shall be extended until replacements are made. Replacements shall conform in all respects to the specifications for new sod and shall be planted in the same manner. e. Sod Guarantee and Replacement: • Guarantee: Sod shall be guaranteed for a period of ninety (90) calendar days after the date of inspection for acceptance under Paragraph IV of this Section, and shall be alive and in satisfactory growth at the end of the guarantee period. • Replacement: During the guarantee period the Owner and the Contractor shall schedule monthly inspections. Any sod that is dead or not in satisfactory condition shall be replaced within ten (10) working days of the inspection. At the end of the guarantee period a final inspection will be held, the Contractor shall then proceed to replace sod that is dead or not in satisfactory condition, said replacement shall carry a ninety (90) calendar day's replacement guarantee. • 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. • Materials and Operations: All replacements shall be sod of the same kind as specified in these Specifications. It shall be furnished and planted as specified with the cost borne by the Contractor at no additional cost to the Owner. f. Maintenance Guidelines: The Contractor shall supply the Owner with a detailed maintenance schedule for all sodded areas thirty (30) calendar days after Award of Contract. 17-2151 RFP 763388, Stortnwater Pump Station Maintenance and Repair 37 City of Miami, Florida RFP 763388 EXHIBIT C PROPOSAL AND COMPENSATION 17-2151 RFP 763388, StO1117water Pump Station Maintenance and Repair 38 Attachment C - Price Proposal The Proposer shall submit its price for performing ALL services listed herein, at each of the locations identified above. Proposer must pay attention to the "Frequency' when proposing its price for each item listed. There is no exception allowed to this requirement. Proposer is requested to fill in the applicable blanks on this form and make no other marks. 0FP Na. 763388 ITEM a RFP 763388 Stormwater Pump Station Maintenance and Repair, M-0122 Scheduled Maintenance Items ndudes a regular maintenance crew r Sertion 3.3 ll =$ per of the Solidtatwnl Frequency req "/ Submersible Stations Tad,, e,,,, waaaa,v., u,d, via A !_ '.. __ _ E F G N I 1 K L M 1' T•'• Li:.dw•S. street 3.o,.m., + t'° „�• lariat swven 3141lV?M„t0ue 1515 NW MD n.em,. • ' . 1?>A entl hh :., - sM Wpm Scrimp 51ii Nw 7. weal 6 'mry Station 6a115w s,.s,nm s r:mnn, tl'e. a: 6122 SW Ina We* s wen End Pump sunam No 3.. s,ss wry Camilla., s . 4auan No.4:615(e ,mwaowieasa Meek ua.a, 771]PaaM Avenue 11. e+rru n.,.,,,. Awl. stamp )a S.6.61.446.4, Wmoiwaan _a...vs•so wa.ae,aMo staw. UM vino 1 Perform a complete inspection of water and petroleum product piping and fittings, control panel systems. float switch systems, transducers systems, bubbler systems. pimps, windings. stators. rotors, gears, motors. motor components, and appurtenances. Inspect oil condition and levels on pumps and motors, and add or replace oil as needed. Provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PumpStations Form" for results per pump station with each monthly invoice. Perform a complete inspection of all gate structures, to include slide gates, sluice gates, and rod screw devices and appurtenances. Provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PumpStations Form"' for results per pump station with each monthly invoice. Monthly $350.00 $350.00 $350.00 5250.00 $250.00 $250.00 $250.00 $250.00 $350.00 $250.00 $250.00 $350.00 $42,000.00 2 Clean bar grate screens. Weekly $ 220.00 $ 220.00 $ 220.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 150.00 $104,520.00 3 Clean and lubricate all gate structures to include sluice gales, side gates. rod screw devices, bar screees climbers. railings of sluice gates slide gales and bar screen cambers. Quartedy $ 210.00 $ 210.00 $ 210.00 $ 95.110 $ 95.00 $ 95.00 $ 95.00 5 95.00 $ 95.00 $ 95.00 $ 95.00 $ 95.00 55,940.00 d Clean and 1071310810 conveyor system and associated components at Lawrence pump station. Quarterly N/A $ 250.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $1,000.00 5 Perform a complete inspection of roll -up doors. angle drives, bar screen systems, and associated components including the replacement of rubber wipers for !he bar screen climbers as needed al Lawrence, Riverview and Orange Bowl pump stations. and provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PumpStations Form" for results per pump station with each monthly invoice. Monthly $ 250.00 $ 250.00 $ 250.00 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ 800,00 .--. ,',., $ 800.00 $ 800.00 $9,000 00 6 Perform a complete inspection of conveyor system and associated components at Lawrence pump station. Provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PumpStations Form" for results per purnp station with each monthly invoice. Monthly Annually $ 800.00 $ 100.00 $ 800.00 $ s00.00 $1,200.00 $8,800.00 7 Perform a leaf of all 15ackflow preventers and submit annual certification to the Miami -Dade Water and Sewer Department by a certified plumber. 8 Perform an Inspection of the CO2 fire retardant system and Its appurtenances in the pretense of a City representative and Fire Recue at Lawrence and Orange Bowl pump stations. Provide written report to the City for testing results per pump station by qualified contractor. Annually $1,800.00 $ 1,800.00 $ 1,800.00 $5,400.00 9 Complete cleaning of pump station wet wells of all accumulated garbage and debris. Contractor is responsible to provide all labor. all materials including but 901 limited to inflatable pipe plugs, air compressors, air hoses. au circulators, collection of debris. ete to complete this task al each pump station. Annually $ 9,500.00 $ 9,500.00 $ 9,000-00 $ 9,500.00 $ 2,500.00 $ 2,500-00 $ 2,500-00 5 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $60.500.00 10 Perform a visual inspection of loose wiring, grounding, ground wires. safety switches, alarms. connections in the electrical panel board. instrumentation. governor controls. circuit breakers and fuses. Thrs inspection includes the opening of panels and visually inspecting for signs of overheated, cleaning the interior of the panel with a vacumm cleaner as needed, retightening the control wiring connections, retightening power wiring using a torque ,.,ranch, opening of the magnetic contactors and retightening if needed. and cleaning with scotch.brae if needed. Provide a wrillen monthly report and recommendations to City using "Routine Maintenance Task List for PumpStations Form" for results per pump station with each monthly invoice. Maintain record of hours of opertation for each pump at all stations. Weekly $250.00 $250.00 $250.00 $150.00 $150.00 $150110 $150.00 $150.00 $150.00 $150.00 S150.00 $150.00 5109,2oe on REVISED 03/06/2018 ITEM IS RCP 763388 5t00mwater pump Station Maintenance and Repair, M-0122 Scheduled Maintenance Items (incWdesa regular maintenance crew per Section 3.3 of the Solicitation) Frequency •- - '_t.^^'n =K MIA'�rue Stations © a t.,;,.s.,. lo"'nr s""vl ISIs s1A A... ao' _ 175 With - 5. anrmmrn+rm s„ru _r_i aw,nmeer a©©oo©© d Wae ad Pump y,,,r„n,x sari swsmsave Submersible 5 r. wee r„e wino a wet w wino swuer'wxsln sue�aa. 3: saso Sw Ind seer ramwa Canal Mad 9 Was End Punic Urban r me avn11. ID aeueaaewe 'cs. s,wa aw299 u srn+e+rc& wane n.21 . Avenue , Pure krtbn Pump SUOm nuar,e ss vase Pump... tmapr kw r,,,2ore9u,a q� 9. rsaere. '_�' - 11 Perform an rnspechon of al electrical transformers. safety switches, soh stoners and pump magnetic starters including contactors, delays and relays at each station. Provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PuorpSlalrons Form' for results per pump station with each monthly invoice. Perform an inspection of interior and exterior ilkmrma110n including the replacement of light tabs. Ighl fixtures and light switches as needed. Inspect alarm systems. sensors, mechanical and electrical equipment controls. Provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PumpStalions Form" for results per pump station with each monthly inyolce. Monthly 5800-00 5800.00 S800.00 $300.00 5300.00 $30000 $300.00 $300.00 $300.00 $300.00 5300.0D $300.00 $61,200.00 12 Maintain each fuel tank in accordance with any and all permits issued by the Miami -Dade County Department of Environmental Resources Management including the removal of accumulated water or diesel from fuel port sumps. Perform a visual Inspection of all storage diesel tool tank system components, including but not limited to tanks. piping, monitoring wells. interstitial monitoring devices, and fuel port sumps using 'DERM Aboveground Storage Tank Monthly Visual Inspection Log". Monthly $ 350 OD $ 350.00 $ 350.00 $ 20000 $ 200.00 $ 200.00 $ 200.00 $ 200.00 $ 200.09 $ 200.00 $ 200.DO $31,800.OD 13 Perform a visual inspection of fences. fence gates, and the overall building for structural Inlegnty and appearance of the building per station Including the removal of graffiti on all walls. panels, sidewalks.. surrounding building. and pump station signs at any station within three (3) bossiness days of notice. Provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PumpSlalions Form" for results per pump station with each monthly invoice. Monthly $ 135.00 $ 135.00 $ 335.00 $ 135:00 5 100.00 5 100.00 5 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 5 100.00 $ 100-00 $6,480.00 14 Perform a general housekeeping at each station such as removal and disposal of garbage, deers, and other waste materials. Inspect trash containers including then corresponding lids. framing and wheels. and replace or repair. if necessary. Weekly $ 450.00 $ 450.00 $ 450.00 5117,POO.00 15 Perfor grass and shrubs cutting. tree trimming. tree culling and general landscaping inside station property and swale area including perils- it needed, to maintain a sate and Wean environment at at pump stations at all times. Monthly $ 250.00 5 250.00 $ 250.00 $ 250.00 $ 100.00 $ 100 00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 5 100.00 $ 100.00 $22,800.00 16 Sweeping and washing pump station floors as needed including pressure cleaning of Ore trash containers area to provide a safe and healthy working environment. Monthly $ 350.00 $ 35000 $ 350.00 $ 350.00 $ 100.00 $ 100.00 $ 100.00 $ 350.00 $ 100.00 $ 100.00 $ 100.00 - - $ 130.00 - $ 100.00 $ 150.00 $ 100.00 - $ 100.00 $16,800.00 17 Pressure cleaning of outfall concrete spillway at Belle Meade Pump Station. Bi-annually Monthly $ 30000 $ 300.00 $ 300.00 $ 300.00 5700:DO $14,400.00 57,80000 $k,800.00 $600.00 $350-00 $15,600.00 18 Perform an inspection of wall and roof hatches. louvers, ladders. catwalks. metal walkable gratings at Riverview, Lawrence, Orange Bowl and Overtown pump stations (including grating serivicing Riverview Pump Station located al outfall structure at NW 13 Avenue and Miami River) and perform minor repairs as needed. Provide a written monthly report and recommendations to City using "Routine Maintenance Task List for PumpStallons For"for results per pump station with each monthly invoice. i9 Drain water from the check valves structure at Srickell Avenue and San Marco Pump Stations. Bi-wee kly Monthly Quarterly Annually Monthly 5 175.00 S 100.00 S 100.00 $ 150.00 $ 100.00 $ 150.00 $ 175.00 $ 100.00 20 Add 8TI briquets by Summit or approved equal for mosquito control at 0vedown pump station. 21 Perform cleaning of the Ecovault servicing tree Orange Bowl Pump Station including but not hmiled to all labor and mature necessary to perform the task. Perform replacement of batteries for "exit" signs, control panel components, and fire22 supression systems al Lawrence and Orange Bowl Pump Stations. 23 Monthly, submit an electrical and mechanical inventory status of approved repairs of the equipment with each monthly invoice. 24 SPECIAL PROVISIONS $300,000.00 Total Sum of Column Q $644,890.00 - PROPOSAL TOTAL' (3 years) $2,834,670.00 Notes: 1. The above proposed price are the maximum -not -to -exceed price for each line item. 2. The maximum-nobto-exceed price includes all out of pocket expenses, including materials, and miscellaneous costs and fees, as they will not be reimbursed separately by the City. 3. Nothwithstanding the rates above, compensation shall be based on the actual work assigned. _ 4. The City reserves the right to negotiate the rates for renewal and/or extension periods, and for any additional work assigned. - 5. Maintain a lag of all activities performed at each station including a sign In and sign out sheet at each station. Display prominently the following documents: FDEP Storage Tank Registration Placard, Current Certification of Financial Responsibility (CFR), and the current local government permit (Miami -Dade County BERM). The user department is responsible for checking statrons daily. REVISED 03/05/2018 Additive Items M- 0122 Stormwater Pump Station Maintenance Contract Unscheduled Service and Repair At the option of the City, the following items are to be used only if necessary to maintain a complete working pump station. Cost is to be included as part of a work order issued by the City for the complete repair, partial repair or replacement of an existing part or the installation of a new part or equipment. 25 The steam cleaning and sandblasting of one (1) pump and parts $1,300.00 26 The steam cleaning and sandblasting of one (1) motor and parts $1,300.00 27 The Winding double -dips and bakes of one (1) motor $1,200.00 28 The rewinding of one (1) stator and rotor $5,800.00 29 The replacement of bearings and seals for one (1) pump at any pump station. $3,900.00 30 The "on -site" performance of one (1) surge comparison tests $380.00 31 Dynamic balancing of one (1) rotor to be performed "on -site" $790.00 32 Checking the mechanical tolerances "on -site" of one (1) pump and one (1) motor. $1,900.00 33 Electrical and/or mechanical disconnection and connection of one (1) motor, including motor installation, reconnection, laser alignment, and on -site balancing. $1,800.00 34 _ The electrical disconnection and reconnection of one (1) transformer $1,400.00 35 The rewinding one (1) transformer $22,500.00 36 The replacement of one (1) pump magnetic starters (contactors) to include all associated operations. $1,700.00 37 The replacement of one (1) soft starter to include ail associated operations at any station $1,500,00 38 The complete repair, installation, and/or replacement of one (1) chain link gate at any pump station $990,00 39 The repair of alarm systems and sensors at one station. Note: the Contractor may subcontract this work out upon the written approval of the City Engineer $2 000.00 40 The complete repair, installation, and/or replacement of one (1) pump station metal walkable grating including grating servicing Riverview Pump Station located at outfall structure at NW 13 Avenue and Miami River $7,400.00 41 The repair of one (1) wall and/or one (1) roof hatch at any pump station $2,400.00 42 The repair of one (1) built-in ladder at any pump station $3,900.00 43 The repair of one (1) catwalk at any station including labor, materials and building permits to perform the task. $17,900.00 44 The repair of one (1) roof leak. $3,000.00 45 The complete painting of the exterior and interior of one (1) pump station building including but not limited to fuel, water and electrical conducts/fittings/pipings, floors, and re -painting of "no trespassing" signs. $6,000.00 46 The replacement of one (1) fuse at any pump station $250.00 47 The replacement of one (1) three-phase monitor at any pump station. $900.00 48 The setting and adjustment of one (1) float switch system at any station. $0.00 49 The replacement of one (1) float switch at any pump station. $700.00 50 The complete replacement of one (1) float switch system at any station. $700.00 51 The complete replacement of one (1) hurricane proof double entrance door including building permits at any pump station $6,500.00 52 The complete replacement of one (1) hurricane proof entrance single door including building permits at any pump station $4,500.00 53 The complete replacement of one (1) hurricane proof roll -up door including building permits at any pump station $7,900.00 54 The replacement of one (1) circuit breaker at any pump station $7,900.00 55 The replacement of one (1) alternator at any pump station $3,500.00 56 The replacement of one (1) 120V/240V transformer at any pump station $13,900.00 57 The replacement of one (1) 480V/240V transformer at any pump station $13,900.00 58 The complete replacement of one (1) automatic bubbler control system at any pump station $3,500.00 59 The replacement of a gasket for one (1) pump at any pump station $1,200.00 Additive Items M- 0122 Stormwater Pump Station Maintenance Contract Unscheduled Service and Repair At the option of the City, the following items are to be used only if necessary to maintain a complete working pump station. Cost is to be included as part of a work order issued by the City for the complete repair, partial repair or replacement of an existing part or the installation of a new part or equipment. Not to ceed cat of hem 60 The complete replacement of one (1) Electrical Transformer (30-1,500 kVA) and Phase Contactor at any pump station $55,000.00 61 The complete replacement of one (1) CO2 Fire protection system including but not limited to instrumentation, mechanical and electrical components, control panels, batteries, and carbon dioxide cylinders $35,000.00 62 The replacement of one (1) UPS (Uninterruptible Power Supply) for control panel at any pump station $12,000.00 63 The replacement of one (1) Surge Protective Device (SPD) at any pump station $12,000.00 64 The complete installation and/or replacement of one (1) crane winch at any pump station l $3,000.00 65 The complete replacement of one (1) transducer at any pump station $2,500.00 66 The complete replacement of one (1) discharge manifold at any pump station $3,000.00 67 The replacement of one (1) relay at any pump station. $1,400.00 68 The replacement of one (1) delay at any pump station. $1,400.00 69 The replacement of weatherstrip seals for one (1) control panel at any pump station. $700.00 70 Perform sanding and painting with epoxy paint to one (1) slide or sluice gate system including frames and rails at any pump station. $3,000.00 71 Perform sanding and painting with epoxy paint to one (1) bar screen climber system including frames, climber, rails, rakes, handrails and base frames at any pump station, $3,000.00 72 Perform an insulation test to one (1) motor on -site in the presence of a City of Miami representative and the submission of a written report on the results of each test to the City Engineer at any pump station. $600.00 73 Perform a vibration test to one (1) pump, one (1) motor, and one (1) angle drive (if applicable) on -site in the presence of a City of Miami representative and submit a written report on the results of each test to the City Engineer at any pump station. $740.00 74 Perform preventive maintanenace to one (1) FLYGT pump and motor as per manufacture's recomendations including but not limited to tightening screw joints to correct torque, changing oil in the oil housing, sand blasting, replacement of 0-rings, bearings and seals, cleaning and painting the interior and exterior at any submersible pump station. $12,000.00 75 Furnish five (5) master keys and sixty-seven (67) pad locks to fit all gates and electrical control panels at all stations. $2,010.00 Additive Items Unscheduled Repairs Activity Unit Cost 76 1 Emergency Crew (hourly rate per crew to operate/troubleshoot): For furnishing ail labor, equipment, and materials necessary to provide a full crew to operate and provide twenty-four (24) hour access to all pump stations during City of Miami emergencies, including but not limited to, $550.00 hurricanes or other severe storms (prior to, during, or the immediate aftermath), as determined by City Administrators, Emergency Manager, City Officials, or the ENGINEER until the emergency situation has ceased. This includes working after hours (after 6:00 p.m. and before 7:00 a.m.), Saturdays, Sundays or Holidays. This is not related to the regular full crew which shall consist of one "on -duty" Supervisor for all pump stations and a minimum of three (3) skillled laborers for all pump stations. 77 Temporary generator connect/disconnect at any station $1,500.00 78 50 ton Crane service for including flatbed truck at any pump station $1,500.00 79 Disassemble one motor in shop, inspect all parts, steam, and sandblast parts, steam clean winding and bake dry, double dip & bake winding, perform surge comparison test, dynamically balance rotor, check all mechanical tolerances, assemble paint & run test. $3,500.00 80 Field personnel to remove one Pump & Gear from any station, bring to shop, disassemble, inspect, and provide complete work -scope of repair (includes personnel, crane, & flatbed truck) $3,500.00 81 Disassemble one (1) centrifugal or propeller submersible pump in shop, inspect all parts, check mechanical tolerances, provide written report, work- scope & price quote $3,500.00 82 Chain Link Fence repair at any pump station including mobilization/and permit cost $3,900.00 83 Field service personnel to remove one clutch, bring to shop, inspect all parts, provide complete report and price quote for repair $1,200.00 84 The complete repair of one (1) hose bib assembly at any pump station $600.00 85 The complete repair of one (1) hurricane proof double entrance door including building permits at any pump station $3,500.00 86 The complete repair of one (1) hurricane proof entrance single door including building permits at any pump station $3,200.00 87 The complete repair of one (1) hurricane proof roll -up door including building permits at any purnp station $6,800.00 88 The replacement of one (1) cathodic protection system (Zinc anodes) per pump at any station $1 800.00 89 The complete repair, installation, and/or replacement of one (1) access floor hatch door at any pump station $2 800.00 90 The complete repair, installation, and/or replacement of one (1) roof exhaust fan at any pump station $2 500.00 Additive Items Unscheduled Repairs Activity Unit Cost 91 The complete repair, installation, and/or replacement of one (1) wall exhaust fan at any pump station $3,500.00 92 The complete repair, installation, and/or replacement of one (1) pump guide railing system at any submersible pump station $2 000.00 93 The complete repair, installation, and/or replacement of one (1) 6" camlock emergency pumpout at any submersible pump station $600.00 The replacement of one (1) Fiygt pump monitoring and status control94 system at any submersible pump station $38 00©.00 95 The complete repair of one (1) control panel including all instrumentation, mechanical and electrical components at any pump station $19,000.00 96 The complete repair, installation, and/or replacement of one (1) main switch at any pump station $38,000 00 97 The complete repair of one (1) automatic bubbler control system at any pump station $28 000 00 98 The complete repair of one (1) Electrical Transformer (30-1,500 kVA) and Phase Contactor at any pump station $48,000.00 99 The complete repair of one (1) CO2 Fire protection system including but not limited to instrumentation, mechanical and electrical components, control panels and carbon dioxide cylinders $25,000.00 100 The complete repair of one (1) discharge manifold at any pump station $3,000.00 101 The complete repair of one (1) crane winch at any pump station $1,000.00 102 Miscellaneous repairs not included in this list of items and at the discression of the City Engineer. $1,000.00 107 The complete replacement of an existing ATS includeing labor, material and programming per load requirements per specification and manufacturer recommendations. $40,000.00 108 The complete replacement of one (1) control panel including all instrumentation, mechanical and electrical components at any pump station $40,000.00 Orange Bowl Pump Station at 1775 NW 71h Street 109 The complete replacement of one (1) new vertical 100hp, 700 rpm, 480v, 3 Phase Electric Motor including labor, materials, crane, flatbed, permits, delivery and disposal of old equipment. $34,100,00 110 The refurnishment of one (1) new vertical 100hp, 700 rpm, 480v, 3 Phase Electric Motor including labor, material, permits, delivery and disposal of old equipment. $16,500.00 111 The complete replacement of one (1) vertical 50hp, 800 rpm, 480v, 3 Phase Electric Motor $8 700 00 112 The refurnishment of one (1) vertical 50hp, 800 rpm, 480v, 3 Phase Electric Motor $5,900.00 Additive Items Unscheduled Repairs Activity Unit Cost 113 The complete replacement of one (1) vertical 100hp, 580 rpm, 480v, 3 Phase Electric Motor $35,900.00 114 The refurnishment of one (1) vertical 100hp, 580 rpm, 480v, 3 Phase Electric Motor $g 800.00 115 The complete replacement of one (1) 30"-20,000-gpm FAIRBANKS- MORSE Pump $35,400.00 116 The refurnishment of one (1) 30"-20,000-gpm FAIRBANKS-MORSE Pump $24,800.00 117 The complete replacement of one (1) 24"-10,000-gpm FAIRBANKS- MORSE Pump $45,000.00 118 The refurnishment of one (1) 24"-10,000-gpm FAIRBANKS-MORSE Pump $24,800.00 119 The complete replacement of one (1) 30"-19,300-gpm FAIRBANKS- MORSE Pump $45,000.00 120 The refurnishment of one (1) 30"-19,300-gpm FAIRBANKS-MORSE Pump $24,800.00 121 The complete replacement of one (1) INFILCO Automatic Bar Screen Climber and associated components including but not limited to control systems and motor drives $50,000.00 122 The complete repair of one (1) INFILCO Automatic Bar Screen Climber and associated components including but not limited to control systems and motor drives $30,000.00 123 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28 000.00 124 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16 g00.00 125 The complete replacement of one (1) slide or sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $70,000.00 126 The complete repair of one (1) slide or sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $30,000.00 127 The complete installation and/or replacement of one (1) LIMITORQUE Control System at any pump station $30,000.00 128 The complete repair of one (1) LIMITORQUE Control System at any pump station $9 300.00 129 One (1) Aluminum Drainage Flap Gate for outfell located at Lawrence Canal $14,000.00 130 Repair or replacement of one (1) Cellunetics Telemetry System $20,000.00 Overtown Pump Station at 1515 NW 5th Avenue 131 The complete replacement of one (1) vertical 100hp, 700 rpm, 480v, 3 Phase Electric Motor $32 800.00 Additive items Unscheduled Repairs Activity Unit Cost 132 The refurnishment of one (1) vertical 100hp, 700 rpm, 480v, 3 Phase Electric Motor $16,000.00 133 The complete replacement of one (1) vertical 50hp, 800 rpm, 480v, 3 Phase Electric Motor $17,000.00 134 The refurnishment of one (1) vertical 50hp, 800 rpm, 480v, 3 Phase Electric Motor $8 900.00 135 The complete replacement of one (1) vertical 30hp, 1175rpm, 480v, 3 Phase Electric Motor $15,000.00 136 The refurnishment of one (1) vertical 30hp, 1175rpm, 480v, 3 Phase Electric Motor $7,500A0 137 The complete replacement of one (1) 30"-20,000-gpm FAIRBANKS- MORSE Pump $34,400.00 138 The refurnishment of one (1) 30"-20,000-gpm FAIRBANKS-MORSE Pump $24,800.00 139 The complete replacement of one (1) 24"-15,000-gpm FAIRBANKS- MORSE Pump $34,400.00 140 The refurnishment of one (1) 24"-15,000-gpm FAIRBANKS-MORSE Pump $24,800.00 141 The complete replacement of one (1) 16"-5,000-gpm CASCADE Pump $29,900.00 142 The refurnishment of one (1) 16"-5,000-gpm CASCADE Pump $19,400.00 143 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28,000.00 144 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 145 The complete replacement of one (1) slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $70,000.00 146 The complete repair of one (1) slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $30,000.00 147 The complete installation and/or replacement of one (1) LIMITORQUE Control System at any pump station $30,000.00 148 The complete repair of one (1) LIMITORQUE Control System at any pump station $9,300.00 Riverview Pump Station at 1301 NW 6th Street 149 The complete replacement of one (1) horizontal US ELECTRIC MOTOR, 480v, 400hp, 580 rpm, 3 Phase Electric Motor $40,000A0 150 The refurnishment of one (1) horizontal US ELECTRIC MOTOR, 480v, 400hp, 580 rpm, 3 Phase Electric Motor $16,000.00 151 The complete replacement of one (1) vertical US ELECTRIC MOTOR, 480v, 500hp, 588 rpm, 3 Phase Electric Motor $49 000D00 152 The refurnishment of one (1) vertical US ELECTRIC MOTOR, 480v, 500hp, 588 rpm, 3 Phase Electric Motor $19 000.00 153 The complete replacement of one (1) vertical 60hp, 1170rpm, 404TP, 480v, 3 Phase Electric Motor $10,500.00 154 The refurnishment of one (1) vertical 60hp, 1170rpm, 404TP, 480v, 3 Phase Electric Motor $6,900.00 Additive Items Unscheduled Repairs Activity Unit Cost 155 The complete replacement of one (1) 36"- 35,000-gpm FAIRBANKS- MORSE, 2 Stage Pump $69000.00 156 The refurnishment of one (1) 36"- 35,000-gpm FAIRBANKS-MORSE, 2 Stage Pump $29,000.00 157 The complete replacement of one (1) 36"- 35,000-gpm FAIRBANKS- NIJHUIS, 2 Stage Pump $35 500.00 158 The refurnishment of one (1) 36"- 35,000-gpm FAIRBANKS-NIJHUIS, 2 Stage Pump $24,800.00 159 The complete replacement of one (1) 16"-5,000-gpm CENTURY model "S" Sump Pump $29,000.00 160 furnishment of one (1) 16"-5,000-gpm CENTURY model "S" Sump Therefurnishment up $16,000.00 161 The complete replacement of one (1) AMARILLO Right Angle Gear Drive $60,000.00 162 The refurnishment of one (1) AMARILLO Right Angle Gear Drive $32,000.00 163 The complete replacement of one (1) FAIRBANKS-MORSE Gear Reducer $60,000.00 1 164 The refurnishment of one (1) FAIRBANKS-MORSE Gear Reducer $321,000.00 165 The complete replacement of one (1) INFILCO Automatic Bar Screen Climber and associated components including but not limited to control systems and motor drives $50,000.00 166 The complete repair of one (1) INFILCO Automatic Bar Screen Climber and associated components including but not limited to control systems and motor drives $30,000.00 167 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28,000.00 168 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 169 The complete replacement of one (1) slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $70,000.00 170 The complete repair of one (1) slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $30,000.00 171 The complete replacement of one (1) LIMITORQUE Control System at any station $30,000.00 Tpump 172 The complete repair of one (1) LIMITORQUE Control System at any pump station $9 300 00 173 Repair or replacement of one (1) Ceilunetics Telemetry System $20,000.00 Lawrence Pump Station at 342 SW 7th Avenue 174 The complete replacement of one (1) vertical US ELECTRIC MOTOR, 480v, 200hp, 590 rpm, 3 Phase Electric Motor $36 000.00 175 The refurnishment of one (1) vertical US ELECTRIC MOTOR, 480v, 200hp, 590 rpm, 3 Phase Electric Motor $16,500.00 176 The complete replacement of one (1) vertical 100hp, 880rpm, 480v, 3 Phase Electric Motor $34,100.00 177 The refurnishment of one (1) vertical 100hp, 880rpm, 480v, 3 Phase Electric Motor $16,500.00 178 The complete replacement of one (1) vertical 40hp, 1170rpm, 480v, 3 Phase Electric Motor $8 900 00 Additive Items Unscheduled Repairs Activity Unit Cost 179 The refurnishment of one (1) vertical 40hp, 1170rpm, 480v, 3 Phase Electric Motor $51 000.00 180 The complete replacement of one (1) 30"- 20,000-gpm FAIRBANKS- NIJHUIS, 580 rpm, 2 Stage Pump $35,400.00 181 The refurnishment of one (1) 30"- 20,000-gpm FAIRBANKS-NIJHUIS, 580 rpm, 2 Stage Pump $9 800,00 182 The complete replacement of one (1) 24" 15,000-gpm CASCADE pump $29,100.00 183 The refurnishment of one (1) 24" 15,000-gpm CASCADE pump $16,300.00 184 TThe pcomplete replacement of one (1) 16"-5,000-gpm ALLIS CHAMBER pu $29,000.00 185 The refurnishment of one (1) 16"-5,000-gpm ALLIS CHAMBER pump $16,300.00 186 The complete replacement of one (1) INFILCO Automatic Bar Screen Climber and associated components including but not limited to control systems and motor drives $50,000.00 187 The complete repair of one (1) INFILCO Automatic Bar Screen Climber and associated components including but not limited to control systems and motor drives $30,000.00 188 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28,000.00 189 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 190 The complete replacement of one (1) 40-inch width slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $70,000.00 191 The complete repair of one (1) 40-inch width slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $30,000.00 192 The complete replacement of one (1) 100-inch width slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $90,000.00 193 The complete repair of one (1) 100-inch width slide/sluice gate including but not limited to frame, railing system, thread rod jack screw device, and plates at any pump station $40,000.00 194 The complete replacement of one (1) LIMITORQUE Control System at any pump station $7,000.00 195 The complete repair of one (1) LIMITORQUE Control System at any pump station $5,900.00 196 The complete replacement of one (1) Conveyor with Control System $70,000.00 197 The complete repair of one (1) Conveyor with Control System $70,000.00 198 Repair or replacement of one (1) Cellunetics Telemetry System $22,000.00 West End Pump Station No. 1 at 6311 SW 6th Street West End Pump Station No. 2 at 6321 SW 2"d Street West End Pump Station No. 3 at 6450 Tamiami Canal Road West End Pump Station No. 4 at 6250 Tamiami Canal Road 199 The replacement of one (1) FLYGT, 6732 gpm, 85 hp Submersible Pump and Motor $34,100.00 200 The refurnishment of one (1) FLYGT, 6732 gpm, 85 hp Submersible Pump and Motor $16 880 00 201 The replacement of one (1) FLYGT, 8976 gpm, 98 90 hp Submersible Pump and Motor $36,000.00 Additive Items Unscheduled Repairs Activity Unit Cost 202 The refurnishment of one (1) FLYGT, 8976 gpm, 98 90 hp Submersible Pump and Motor $16,880.00 203 The replacement of one (1) FLYGT, 5984 gpm, 34 hp Submersible Pump and Motor $28 600.00 204 The refurnishment of one (1) FLYGT, 5984 gpm, 34 hp Submersible Pump and Motor $12,400.00 205 The replacement of one (1) FLYGT, 8078 gpm, 60 hp Submersible Pump and Motor $32,900.00 206 The refurnishment of one (1) FLYGT, 8078 gpm, 60 hp Submersible Pump and Motor $12,400.00 207 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28,000.00 208 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 Antonio Macco Pump Station at 5151 NW 7th Street 209 The replacement of one (1) FLYGT, 3366 gpm, 25 hp Submersible Pump and Motor $27 800 DO 210 The refurnishment of one (1) FLYGT, 3366 gpm, 25 hp Submersible Pump and Motor $12,400.00 211 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28,000.00 212 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 Belle Meade Pump Station at 7747 NE 8th Avenue 213 The replacement of one (1) EBARA 145 hp submersible propeller pump and motor $38,900.00 214 The refurnishment of one (1) EBARA 145 hp submersible propeller pump and motor $11,200.00 215 The replacement of one (1) EBARA 40 hp submersible propeller pump and motor $28,000.00 216 The refurnishment of one (1) EBARA 40 hp submersible propeller pump and motor $11,200.00 217The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28,000.00 218 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 Brickell Avenue Pump Station $38,900.00 219 The replacement of one (1) FLYGT, 9119 gpm, 90 hp Submersible Pump and motor 220 The refurnishment of one (1) FLYGT, 9119 gpm, 90 hp Submersible Pump and motor $11,200.00 221 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28,000.00 222 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 San Marco Island Pump Station 223 The replacement of one (1) FLYGT, 6835 gpm, 44 hp submersible propeller pump and motor $32,000.00 224 The refurnishment of one (1) FLYGT, 6835 gpm, 44 hp submersible propeller pump and motor $11,200.00 Additive Items Unscheduled Repairs Activity Unit Cost 225 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $2$ 000.00 226 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 Mary Brickell Village Pump Station 227 The replacement of one (1) FLYGT, 14362 gpm, 130 hp Submersible Pump and motor $58 D00.00 228 The refurnishment of one one (1) FLYGT, 14362 gpm, 130 hp Submersible Pump and motor $21,900.00 229 The complete replacement of one (1) Aluminum bar grate screen at any pump station. $28'000.0O 230 The complete repair of one (1) Aluminum bar grate screen at any pump station. $16,900.00 City of Miami, Florida RFP 763388 EXHIBIT D INSURANCE REQUIREMENTS 17-2151 RFP 763388, Sto mwater Pwnp Station Maintenance and Repair 39 INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- STORMWATER PUMP STATIONS MAINTENANCE AND REPAIR I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 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 I[. 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 B. Endorsements Required City of Miami listed as an Additional Insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 2,000,000 Aggregate $ 2,000,000 City of Miami listed as an additional insured Excess Follow Form over all applicable liability policies contained herein V Contractor's Professional Liability Limits of Liability Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included VI. Contractor's Pollution Liability Limits of Liability Each Occurrence Policy Aggregate City of Miami listed as an additional insured $1,000,000 $1,000,000 VII. Garage Keepers Legal Liability $150,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) 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 /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. City of Miami, Florida RFP 763388 EXHIBIT E CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 17-2151 REP 763388, Stonnwater Pump Station Maintenance and Repair 40