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CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM T Emilio T. Gonzalez, Ph.D. DATE: July 2, 2018 FILE: City Manager SUBJECT: Recommendation of Award for Citywide Storm Sewer Cleaning Services FROM: Annie Perez, CPPO, Director REFERENCES: Invitation for Bid ("IFB") Department of Procurement No. 827381 ENCLOSURES: Bid Tabulation RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award of IFB 827381 to EnviroWaste Services Group, Inc., to provide citywide storm sewer cleaning services for the Department of Public Works. The awarded vendor, contract terms, and amount are shown below. IFB No./Title: Contract Amount: Contract Term: Recommended Vendor: BACKGROUND: On April 16, 2018, Procurement issued IFB No. 827381, Citywide Storm Sewer Cleaning Services, under full and open competition. On May 7, 2018, at bid dosing four (4) bids were received. Bids were evaluated and tabulated. IFB 827381, Citywide Storm Sewer Cleaning Services Approximately $54,610.01 annually (aggregate of $382,270.07 for seven (7) years), subject to availability of funds for succeeding fiscal years Initial term for a period of three (3) years, with the option to renew for two (2) additional two (2) year periods EnviroWaste Services Group, Inc. Consequently, approval of this recommendation to award is required. Your signature below wilt indicate approval of this recommendation. Approved: i' •' ;l• "Ji Date: I� `d Emilio i` Gonzalez, Ph.D., City Manager c: Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager, Chief of Operations Sandra Bridgeman, CPA, Assistant City Manager, Chief Financial Officer Alan M. Dodd, PE, Director, Public Works Juvenal Santana, P.E., CFM, Deputy Director, Public Works Rafael Suarez -Rivas, Sr. Assistant City Attorney, City Attorney's Office Yadissa Calderon, CPPB, Assistant Director, Procurement PRI8060 !FB 827381 Storm Sewer Cleaning Services Attachment B - Price Sheet EnviroWaste Services Group, Inc- Fla -Tech Environmental, LLC Shenandoah General Construction Company National Water Main Cleaning Company ITEM 11 DESCRIPTION OTY UNIT UNIT PRICE TOTAL ITEM COST UNIT PRICE TOTAL ITEM COST UNIT PRICE TOTAL. ITEM COST UNIT PRICE TOTAL ITEM COST UNIT PRICE TOTAL ITEM COST 1 Inlet and Manhole Cleaning (less than 6 ft cut): Furnishing ail labor, materials and equipment for the hydraulic cleaningldesilting and wet vacuum removal of sediment debris, floatables, and any material Inside the storm sewer structures Including all inlets and manholes, less than 6 feat cut, approximately 3,500 structures. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility. 3,500 EA 50.00 $0.01 $35.00 $0 01 535.00 $1,00 $3,500.00 5156.50 5547.750.00 2 Inlet and Manhole Cleaning (more than 6 ft cut): Furnishing all labor, materials and equipment for the hydraulic cleaningfdesllting and wet vacuum removal of sediment debris, floatables, and any material inside the storm sewer structures including all Inlets and manholes, 6 to S feet cut, approximately 2,590 structures. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Mlaml-Dade Trash facility. 2,500 EA $0.00 SC.01 525.00 $40.00 $100,000,00 $1.00 $2,500.00 $156.50 S391,25000 3 Pipe Cleaning (2" to 1 t" diameter); Furnishing all labor, materials and equipment for the hydraulic cleaningldeslliing and wet vacuum removal of sediment debris, floatables, and any material Inside the storm sewer pipes, 2" to 11" Interior diameter, approximately 1,009 linear feet. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumolno fee at the Miaml-Dade Trash facility 1,000 LF $0.00 52.50 $2,500.00 $6-00 $6.000-00 $2.00 52,000.00 $0.50 5500,00 4 Pipe Cleaning (12" to 21" diameter): Furnishing all labor, materials and equipment for the hydraulic cleaningldesltting and wet vacuum removal of sediment debris, floatables, and any material inside the storm sewer pipes, 12" to 24" Interior diameter, approximately 2,000 linear feet. Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miami -Dade Trash facility 2,000 LF $0.00 59.75 $19,500.00 $6.50 $13,000.00 $3.00 56.000.00 50.50 $1,000.00 5 Pipe Cleaning (24" to 36" diameter): Furnishing all labor, materials and equipment for the hydraulic cteaningldesilting and wet vacuum removal of sediment debris, floatables, and any material inside the storm sewer pipes, 24" to 36" Interior diameter, approximately 105,000 linear feet. Price shall Include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database end the dnrnninu fee aLthe Mlaml&ade Trash facNity ;05,000 LF 50.00 50.01 $1.050-00 $0.01 $1,050.00 53.50 $367.500,00 50-50 $52.500.00 6 Pipe Cleaning (more than 36" diameter): Furnishing all labor, materials and equipment for the hydraulic cleaningtdesllting and wet vacuum removal of sediment debris, floatables, and any material Inside the storm sewer pipes, more than 36" interior diameter, approximately 5,000 linear feet Price shall include the contractor's water usage, the environmental testing fee of the material, work reports compatible with GIS database and the dumping fee at the Miaml'Dade Trash facility. 5.00D LF 50.00 $3.00 $15,000.00 $3.00 S15,000.00 56.00 $30.00000 $0.50 $2,500.00 7 Video Camera: Furnishing an labor, materials and equipment for televising the storm sewer plpe system, any site interior diameter, approximately 500 linear feet of pipe, any material, if necessary. 500 LF 50.04 $300 51,5011_40 $4.00 $2.006.00 $5-00 $2,500.00 $5.00 52.500.00 8 Cleaning Deep Drainage WelIs: Furnishing all labor, materials and equipment necessary for the cleaning of fifty (50) deep drainage wells at a minimum depth of 100 feet by compressed air jetting method or approved equal, at different locations citywide. 50 EA $0.00 $10000 $5.006.00 $0.01 $0.50 $950.00 547,500.00 $2,300.00 $115,000..00 9 GIS Data Collection: Furnishing all labor, materials and equipment necessary to Compile the data for the each of the Inlet, pipes and storm sewer structure cleaned and inspected by the contractor. The GIS data must be readable and compatible with the City of Miami GIS database. 1 LS $0.00 $0.01 $0.01 $0.01 $0.01 $2,500.00 $2,500.00 $20,000,00 $20.000.00 10 Contingency Allowance 1 LS 519,000,00 510,000.00 510000.00 $10,000.00 $10,000.00 $10,00000 510,000.00 510,000.00 $10,000.00 010,000.00 LEGEND: EA - each, LS - lump sum, LF - linear foot TOTAL 519,000.00 554,610.01 $147,085.51 $474,000.00 51,143,000.00 Prepared by: Tahlia Gray, MBA Sr. Procurement Contracting Officer 1 owed Bidder Approved by. 7/2/20 1 8 Detail by Entity Name Detail by Entity Name Florida Profit Corporation ENVIROWASTE SERVICES GROUP, INC. Filing Information Document Number P98000014467 FEI/EIN Number 65-0829090 Date Filed 02/13/1998 State FL Status ACTIVE Principal Address 18001 Old Cutler Road Suite 554 Palmetto Bay, FL 33157 Changed: 01/06/2015 Mailing Address 18001 Old Cutler Road Suite 554 Palmetto Bay, FL 33157 Changed: 01/06/2015 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 06/16/2017 Address Changed: 06/16/2017 Officer/Director Detail Name & Address Title Corporate Secretary BARBA, EDUARDO J 18001 Old Cutler Road Suite 554 Palmetto Bay, FL 33157 http://search.sunbiz.org/Inquiry/CorperationSearch/SearchResultDetaii?inquirytype=EntityName&directianType=initial&searchNameOrder-ENV I ROW.. 1/3 7/2/2018 Detail by Entity Name Title President, Director FOJON, JULIO A 18001 Old Cutler Road Suite 554 Palmetto Bay, FL 33157 Title Chairman, Director Wilson, Andrew Russ 550 S. Dixie Hwy #300 Coral Gables, FL 33146 Title EVP, Director Reynolds, Stephen 550 S. Dixie Hwy #300 Coral Gables, FL 33146 Title CEO, Director Quentel, Paul 18001 Old Cutler Road Suite 554 Palmetto Bay, FL 33157 Title EVP Callaway, Reid 550 S. Dixie Hwy #300 Coral Gables, FL 33146 Title EVP, Secretary, Director Gershman, David 550 S. Dixie Hwy #300 Coral Gables, FL 33146 Title AS Calderon, Michelsa 550 S. Dixie Hwy #300 Coral Gables, FL 33146 Title Director Gross, Jorge A, Jr. 550 S. Dixie Hwy #300 Coral Gables, FL 33146 Title CFO Rezende. Roder http:flsearch sunbiz.org/Inquiry/CorporatianSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameDrder=ENV IROW.. 2/3 7/2/2018 Detail by Entity Name 18001 Old Cutler Road Suite 554 Palmetto Bay, FL 33157 Annual Reports Report Year Filed Date 2017 01/09/2017 2017 08/07/2017 2018 04/06/2018 Document Images REPC.P. 1 .21)4.2117 -- A i".'1---F`iDE.5 AV', • : -- ANNUAL REPORT C,2 17 A'e-JijAL REPORT 17 2)13 — 21)12 A. 2.212-22.! REP'RT ,Fr 7. • ^DF fcr-rat . _ . •........... - L r-EPORT View mze r PDF 1m-ilial. '-.. :.!], 2'104 -- ANNUAL REPORT .2,NNUAL REPORT' 4V:11.LAL REPORT 1)2 2001 - ANNUAL REPORT '1.9/2000-- ANNUAL REPORT -- ANNUAL REPOR7 Orrkt)S7i' Vie-7k3ge ,n PDF forma'. in PDF fcr----],l Ve',A, image in PDF for- n PDF .............. . 'n PDF format. VE r PDF format Jew ;1-age in PDF ferrnat Vi€' image in PDF forma! View image In PDF rcrmat \Pew image n PDF fr.p-r,:i. ew • 7:` http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=ENVIROW... 3/3 © FY' City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2-c' Avenue, 6 ' Floor Miami, Florida 33130 Web Site Address: • LFBNumber: Title: Issue Date/Time: IFBClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 827381 Invitation for Bid (IFB) for Storm Sewer Cleaning Services 16-APR-2018 30-APR-2018 @ 14:00:00 Voluntary April 20,2018 at 9:30 a.m. City of Miami MRC 8th Floor North Conference Room, 444 SW 2nd Ave, Miami, FL 33130 April 24,2018 at 5:00 PM Gray, Tahlia City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US tgray@miamigov.corn 305-400-5019 Page 1 of 46 irr ULrjt1'i ,corm Sewer Cleaning Services Attachment B - Price Sheet I71 M or DESCRIPTION QUANTfTY UNIT UNIT PRICE TOTAL ITEM COST Inlet and Manhole Cleaning (less than 6 ft cut}: Furnishing all labor, materials and equipment for tho hydraulic cloaningldosilting and wot vacuum removal of sodinronl dohris, ftoatahlos, and any material inside the storm sowor structures including an inlets and manholes, loss than 6 feat cut, approximately 3,500 structures. Price shall include tho contractor's water usage, the anviranmental tasting lea of the material, work reports compatible with GIS dalabas and rile dumping fact at the Miami -Dade Trash facility. 3,500 EA $0.01 $35.40 2 Inlet and Manhole Loaning (more than 6 ft tut): Furnishing all labor, materials and equipmont for tho hydraulic cloantngldesilting and wet vacuum removal of sediment dobris, floatabtes, and any matortal inside the storm sower structures including alt inlets and manholes, 6 to 8 feel cut, approximately 2.500 structures. Price shall Include the Contractor's water usage, the onvlronmantal testing foe of tho matoriat, work ropons compatiblo with GIS database al tho dumping too at the Miami -Dade Trash facility. 2.500 FA 50.01 $25.00 3 Pipe Cleaning (2" to 11" diameter): Furnishing all tabor, materials and oqulpment for tho hydraulic eloaningrdosilling i wot vacuum romoval of sediment dobris, Roatablos, and any material inside the storm sower pipes, 2" to 11" interior diameter, approximately €,000 linoar fool Price shall include the contractor's water usage, um environmental tostinf, of the malarial, work reports tompatibla with GIS database and tho dumping Fee at the Miami -Dada Trash facility. 1,000 LF $2.50 $2,500.00 4 Pipe et -oat -Ong (12" to 21" diornnotorl: Furnishing all labor, matarlats and equipment for rho hydraulic ctaaainghlasilting and wot vacuum removal o1 sodimont debris, floatables, and any matorial Inside the storm sowor pipes, 12" to 24" interior dlomotor, approximately 2,000 linoar feat Prico shall include tho contractor's water usage, the onvironmenta tasting feo of the material, work reports compatible with GIS databaso and Lilo dumping foe at the Miami-tado Trash facility. 2.000 LF 59.75 519,500.00 5 Pipe Groaning (24" to 36" dlamalor): Furnishing all Tabor. materials and equipmont for rho hydraulic cluaningldosiltinr and wet vacuum removal of sodimont debris, tloatabtos, and any material inside the storm sewer pipos, 24" to 36" interior dlamotor, approximately 105,000 linoar foot. Price shall include tho contractor`s water usage, the onvironmer tasting too of the matoriat, work reports compatible with GIS database and tho dumping leo al the Miami -Dade Trash facility. 105,000 LF 50.01 51.050-110 6 Pips Cleaning (moro than 36" diamotor(: Furnishing all labor, matorials and equipmont for the hydraulic cloaningfdosilting and wet vacuum romoval of sediment debris, floatahlos, and any material inside the storm sower pipes, moro than 36" interior diameter, approxlmatoly 5,000 linoar feet Price shall Include the contractor's water us the environmental testing fea of tho material, work reports compalible with GIS databaso and the dumping fee at tho Miaml-Dade Trash facility. 5.000 l.F $3,00 S15,000.00 7 Video Camara: Furnishing all labor, rnatortals and equipment for 1olavising tho storm sowor pipo system, any sloe Fmorior dlamoter, epproxintatoty 500 linoar fuoi of pipe, any malarial, II necessary. 500 LF 53.40 $1,500.00 B Cleaning Deep Drainago Wells: Furnishing all tabor, materials and equipment necessary for tho cleaning of fifty (50) deep drainage wells a1 a minimum depth of 100 fool by contpreased air jotting method or approved equal, at diftoront tot alions citywido. 50 EA 5100.00 55,000.00 9 GIS Data Collection: Furnishing all labor, materials and equipment necossary to compile the data for the oath of the 'Mot, pipes and storm sowor structure cleanod and inspected by the contractor. Tho GIS data must be readable and compatible with the City of Miami GIS database. 1 LS 50.01 $0.01 10 Contingency Allowance 1 LS 510.000.00 S10,000.00 LEGEND: EA - each, LS - lump 511111, LF -Linear foot TOTAL 554,610.01 j Ll i %O lFeO5 c)4) 8-ey Je.t f l dri!'`O tliAS /G Se".4:re/ l.] 1 712 T 'c . �f S at.' 154— STr•‘ f, 'e n ` rla4,. 1-"( Fr-( -S / / 30T• 63 7- zr 44cs- BID BOND (Page 1 of 3) State of Florida County of Miami Dade City 0f Miami KNOWN ALL PERSONS BY THESE PRESENTS, that. EnviroWaste Services Group. Inc. as Principal, Ashen A,rnerjan Insurance Company as Surety, are held and firmly bound unto the City of Miami. in the penal sum of Five Percent of Amount Bid (5%) Dollars (S 5% ) lawful money of the United States, for the payment of which sum well and truly to be made; we bind ourselves, our heirs, executors, administrators and successors, jointly and severally. firmly by these presents. THE CON D,TiON OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated April 30 , 2018 . for: IFB 827381 STORM SEWER CLEANING SERVICES. NOW THEREFORE: (a) If the principal shall not withdraw said bid within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfilment of such contract; or, (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former. then the above obligation shall be void and of no effect. otherwise to remain in full force and virtue, IN WITNESS WHEREOF. the above bound parties have executed this instrument under their several seals. this 25th day of April __—. A. D., 2018, the name and corporate sea! of each party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Bid BOND AFFIX SEAL: (Corporate Secretary) r (Surety Secretary) Sarah Seicastro (Page 2 of 3) PRINCIPAL: l nviro\kastc Services Group. Inc (Name of Firm) ,r E(Signature of Authorized Officer) President (Title) 4 SE First Street. ?nd Floor (Business Address) Miami. FL. 33131 (City/State/Zip Code) SURETY: Aspen American Insurance Company (Corporate Surety) Stephen A. Venn Signature of Authorized Officer) Attorney -in -Fact (Title) 175 C aital_Blyd. quite 30 (Business Address) Rocky Hill. CT 06067 (City/StatelZip Code) Lockton Companies (Name of Loca' insurance Agency) 1111 Bricke!1 Ave, Miami. FL 33131 (Address) (305) 421-9500 (Telephone Number) Atfix Sea: BID BOND (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, Eduardo 13arbc , certify that I am the Secretary of the Corporation named as Principal in the within band: that Julio Fojon of said corporation; that I know his signature, and the signature hereto is genuine: and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. Corporate Seal STATE OF Florida COUNTY OF Miami Dade CITY OF Miami Before me. a Notary Public duly commissioned, and qualified, personally appeared Stephen A. Vann to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Aspen American insurance Company and that he/she has been authorized by ASne^A^.rericv [nsUre^ce tierraary to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this 25th day of April A. D.. 2018 . INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders. Lisa Bierman 14a- Notary Public, e of:ROM:at Large Georgia My Commission Expires: April 08. 2022 Oi ASPEN Aspen American Insurance Company 175 Capital Boulevard, Rocky Hill, cr06067 POWER OF ATTORNEY KNOW ALI. PERSONS BY THESE PRESENTS, T1IAT :aspen American insurance Company, a corporation duly organized under the laws of the State of Texas, and having its principal offices in Rocky Hill, Connecticut, (hereinafter the "Company") dues hereby make, constitute and appoint: Stephen A. Vann and Kathryn Wieland Allen of Loclrton Companies, its true and lawful Altorncy(s)-in-fact, with ruli power and authority hereby conferred to sign, execute and acknowledge on behalf of the Cumpany, at any place witliin the United States, the following instrument(s) by his/her sole signature and act: any and all bonds, recognizances, and other writings obligatory in the nature ofa bond, recognizance, or conditional undertaking and any and all consents incident thereto, and to bind the Company thereby as filly and to the same extent as if the same were signed by the dilly authorized officers of the Company. All acts of said Attorncy(s)-in-Fact done pursuant to the authority herein given are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions of the Board of Directors of said Company effective on April 7, 2011 , which Resolutions arc now in full force and effect; VOTED: All Executive Officers of the Company (including the President, any Executive, Senior or Assistant Vice President, any Vice President, any Treasurer, Assistant Treasurer, or Secretary or Assistant Secretary) may appoint Attonteys-in-Fact to act for and on behalf of the Company to sign with the Compayy's name and seal with the Company's seal, bonds, recognizances, and other writings obligatory in the nature ofa bond, recognizance, or conditional undenakinu, and any of said Executive Officers at any time may remove any such appointee and revoke the power given him or her. VOTED: The foregoing authority for cenain classes of officers of the Company to appoint Attorneys -inn -Fact by virtue ofa Power of Attorney to sign and seal bonds, recognizances, and other writings obligatory in the mature ofa bond, recognizance, or conditional undetlaking, as well as to revoke any such Power of Attorney, is hereby granted specifically to the following individual officers ofAspen Specialty Insurance Management, Michael Topp€, Executive Vico President. Scott Sadowsky, Senior Vice President, Kevin Gillen, Senior Vice President, Mathew Raino. Senior Vice President, and Ryan Field, Senior Vice President. This Power of Attorney may be signed and sealed by facsimile (mechanical or printed) under and by attthorily of the following Resolution voted by the Boards of Directors of Aspen American Insurance Company, which Resolution is now in full force and effect: VOTED: That thc signature of any of the Officers identified by title or specifically named above may be affixed by facsimile to any Power of Attorney for purposes only of executing and attesting. bonds and undertakings and other «ratings obligatory in the nature thereof, and any and all consents incident thereto, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon die Company. Any such power so executed and certified by mein facsimile signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking so executed. tin WITNESS WI IERi_:OF, Aspen American Insurance Company has caused this instrument to be signed and its corporate seal to be hereto affixed this 17th Day of November 2017. Aspen Aver can Insujajicc Company STATE OF CONNECTICUT SS. ROCKY HILT. COUNTY OF HARTFORD IC in Gil en .Senior Vice President On this l7th day of November 2017 before me personally came Kevin Gillett to me known, who being by me duty swam, did depose and say; that he/she is Senior Vice President, of Aspen American Insurance Company, the Company described in and which secuted the above instrument; that he/she knows the seal of said corporation; that Ike seal affixed to the said instrment is such corporate seal; and that he/she executed the said instrument on behalf ofthe Company by authority of his/her office under thc abe�(c Resolutions thereof Vanessa Arias Notary Public My commission expires: 2/28/2019 Notary Public State of Connecticut My Commission Expires February 28, 2019 CERTIFICATE 1, the undersigned, Kevin Gillen ofAspon American Insurance Company, a stock corporation of the State of'rexas, do hereby certify that the fore ,oinp,Pf wcs sr Attorney remains in full force and has not been revoked; rind furthermore, that the Resolution s of the Boards of Directors, as sit forth above, are now awn :cmuin in full force and effect.{' Given under my hand and seal of said Company, in Rocky Hill, Connecticut, this; -+a' a, of S 20 By: Name: Kevin Gillen Senior Vice President 400,011., n For verification of the authenticity of tine Power of Attorney you may call (860) 760-7725 or cmaii:Vanessa.arias rt aspen-insuranec.co:nn AtiNrl. PEREZ. CPP() i- isl Pr.,;.1 rcP1cr( Can of .1.1iian-tt it._IO r. 0O\7_1L[.7 ADDENDUM NO. 1 IFS No. 827381 April 24, 2018 Invitation For Bid (I; B) for Storm Sewer Cleaning Services TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clari; Ica ions. and deletions amend the IFB documents of the above captioned IFB, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. A. Special Conditions Section 2.5, Method of Award, has been deleted and replaced with the following: Award of this contract will be made to the lowest resfonsible and responsive bidder(s) who bid on all items and whose bid offers the lowest price when all items are added in the aggregate, Failure to bid on all items shall deem your bid non -responsive. The City shall select up to three (3) vendors, with the lowest deemed the ",primary vendor": the next lowest deemed the "secondary vendor': and third lowest deemed the "tertiary vendor". in the order of lowest prices provided to the City. Should the "primary vendor" not be able to provide the service at the time needed. the City has the option to select the next lowest "secondary vendor to fulfill the service request. and so forth. 8. Section 3.1, Specifications/Scope of Work, Subsection "Equipment'', Item C. "Crews" has been deleted and replaced with the following: Crews — The Successful Bidder shall provide a minimum of two (2) crews at all times. Each complete crew shall consist of a minimum of a driver and helper or operator with the necessary, vacuum trucks, manpower, materials, GIS equipment for data recording and other support needed for the work. The Successful Bidder shall have a minimum of five (5) trucks. If the Successful Bidder fails to begin the work under the contract within the time specified in the "'Notice to Proceed, or fails to perform the work with sufficient workmen and equipment or with sufficient material to assure the prompt completion of the work assigned, or discontinues the prosecution of the work, or fails to resume work which has been discontinued within a reasonable time after notice to do so, or becomes insolvent or is declared bankrupt. or files for reorganization under the bankruptcy or insolvency code. or for any other cause whatsoever, fails to carry on the Page I work in an acceptable manner. of if the surety executing the bond, becomes unsatisfactory in the opinion of the City. the Engineer will give notice in writing to the Successful Bidder and his surety of such delay, neglect or default. Continuous failure by the Successful Bidder to complete work orders in a timely fashion may result in the City not issuing further work orders and or cancellation of this contract. The lack of equipment or unsuitability of said equipment shall not be an acceptable reason for falling behind schedule. C. The sign -in sheet for the pre -bid conference is attached. D. A Local Office Certif;cation Form has been attached to the Header Section of the solicitation. The following are the City's responses to questions received from prospective Bidders: Q1l. What is the current contract pricing for this service? Al. Please see attached City of Doral Contract No 2013-32 for details. Q2. Can a copy of the current contract be provided? A2. Piease see attached City of Dora! Contract No 2013-32. Q3. Piease clarify the specifics of additional cleaning trucks required during hurricane periods? A3. See Item B above. Q4. How are bids and the bid bond being accepted? A4. See Section 3.1, Specifications/Scope of Work. Q5. Is there a specific bid bond form the City uses? A5. The City's Bid Bond form is attached. Please see Special Conditions, Section 2.11. Bid Bond for further instruction. AP/tg Cc: :FB File Sincerely, Annie Perez, CPPO Director/Chief Procurement Officer Pa .e CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code. Chapter 18, Article III, Section 1 8-73) Solicitation Type and \uinher: l FB 827381 (i.e. IFQ/IFSIRFP/RFQiRFLI No. 123456) Solicitation Title: Storm Sewer Cleaning Services (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III. Section I 8-73, of the Code of the City of Miami; Florida. as amended. Local office means a business within the city which meets all of the following criteria: (I) Has had a staffed and fixed office or distribution point, operating. within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section. "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer. principal cr owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee: for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received. a prior fully -executed lease within the corporate limits of the city that documents, in writing. continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had. for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County. if applicable; and (4) Has had. for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section: provided. however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 4 S E First St. 2nd Floor, M iam 33131 Does Bidder/Proposer conduct verifiable, full- time. on -site employment at the local office for a minimum of forty (40) hours per calendar week? If Bidder/Proposer's Local Office tenancy is pursuant to a lease. has Bidder/Proposer enclosed a copy of the lease? Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? 0 YES ❑ NO YES U NO City of Miami: Cite Exemption: v YES N/A NO Exempt Miami -Dade County: YES n NO Cite Exemption: Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? r I YES E NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Julio Fojon Print Name (Bidder/Proposer Authorized Representative) _f Signature 5/1 /18 Date 2 =oRM-City of Miami Local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF Florida Certified to and subscribed before me this 1 day of May Julio Foion (NOTARY SEAL) Personally Known 2018 ,by (Sianatur Notary Public Sate of Florida Eduardo Barba My Commission GG 188655 cxo:res 08/16/2022 r3a) (Name of Notary Typed. Printed_ or Stamped) Type of Identification Produced OR Produced Identification FORM -City of Miami Leta! Office Certification 7/22/2013 3 ADDENDUM NO, 2 iF 3 No. 827381 April 25, 2013 Invitation for Bid (IFS) for Storm Sewer Cleaning San/Ices TO: ALL F ROSPEC T lV!E BIDDERS: The ;,Jalowino Ch (Ce .ado.: cr c loti amend the : -, c i � G.. t�: I. rl `Cr:ifCr}�' and die! ' ol�s ar;?c :�� �oi:l!: roc `+.S oT" -- c"1 J,r. .rG4 I B. and shall huCc.rre cr1 in egra: poi-t c t e. Contract Documents. Words and!or figures strick an turn. _:qh shall be deleted_ t. n:loirscored y.tods a id1or fnLreS shall be added. The rirlmaininc provisions are I! effect and remain unchanged. d, Please rote `i•e contents herein and reflect SarT!e on the dccu!mo ._ `a on hand. A. The closing date , r ..:e solicitation 'nes been changed to May 7, 2018 at 3:00PM. S. The follow n r aro this Cityis responses to questions received frorr prospective Bidders: 01. The solicitation states work hours are from 9:30am to 3:30 prr, Monday thr'ourah Friday. Will there be instances where a full 8 hour work window would occur? A . Yes, ;,'ere couic.i Ice instances where work will be performed for eight (8) hours. The hours listed are the hours of operation without a ro?se waiver permit. In commercial areas work can begin at 8:00 vrri and as: 4:CO pm In _ rasidential areas, t..e. .,. •,e' is 9.30 am to 3:30 oa 02, Does the Cr.,/ have any drawings of a typical "deep drainage weir? A22. Please. See Attachment 1. Drainage Weil and Detention Tank. Q3. Will pre and post cleaning pictures have to be uploaded to the GIS system? A3. Yes. Q4. Will the Successful Bidder have to upload the data or will the Successful Bidder submit the _iat:. to the City for uploading' A4. The Successful Si,: filer wi,l submit the data to thc.. City's GIS Deve opvr. Sincerely. grin lP eerez. vFPO f, D r_ctor!Ch e Prccureme .:Of ce r,,t_> tq Cc LlrL B F 'e 1 Certification Statement Please quote on this form. if applicable. net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs. including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals. the unit prices shall govern in determining the quoted prices. We (1) certify that we have read your solicitation. completed the necessary documentsand propose to furnish and deliver, F.O.B. DESTINATION. the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (1) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding. agreement, or connection with any corporation. firm. or person submitting a submission for the same materials. supplies, equipment. or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that 1 am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME• EnviroWaste Services Group, Inc. ADDRESS: 4 SE First Street, Second Floor, Miami, Florida. 33i31 PHONE: 305-637-9665 EMAIL: info@envirowastesg.com SIGNED BY• r\ 1 \ FAX• 305-637-9659 -CELL(Optional)• TITI E: President DATE. 4/28/18 FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2of-1(i Certifications Legal Name of Firm: EnviroWaste Services Group, Inc. Entity Typc: Partnership. Sole Proprietorship. Corporation, etc. Corporation Year Established: 1998 I°EI/FJN No.: 65-0829090 Office Location: City of Miami. Miami -Dade County, or Other City of Miami Occupational / Business License Number: 5643243 Occupational / Business License Issuing Agency: Miami Dade County Occupational / Business License Expiration Date: 9/30/18 Will Subcontractor(s) be used'' (Yes or No) If yes, provide Subcontractor(s) information on Attachment C - Subcontractors, The work performed by all Subcontractors listed cannot be more than fifteen percent (15%) of the total work for this contract (a copy of their license(s) must be submitted with your bid response). no, we self perform 100% of the work, EnviroWaste Services Group, Inc. has 35 Jet Vac Trucks Page 3 of 46 Local Business Tax Receipt (if Fk.:)rida NA' t A fit.L.F.tY 1 NO RENEWAL t;CR.''• 5643243 • • VICE: N( RiPC • r fior..if•--.• tri , ,> • • EXPIRES SEPTEMBER 30, 2018 nt r A C.A.( CA: I OP 0-16-026279 .".ru•11 tbuifirss 1.fle-cidig only • ,Ditum, D./1.1*M 0.0 tecal ' • a not ileuiso„ 'worn, •u• 4 citiMICA1PM, Mitt* 11•11.1f4 ;t1floulion% du Imilnost • • , • • - Any govegiirgentAi ne auesoltumr/traentai ; wttul mutt/ 14w., mid e tiqUiritiftDIVit Daturt; pply to ;ILK butt ftwil He R.F.CEIPT Sil...wcwsoi t. thsoirlyed coisinercial i.rhie* - 11Cartu-1,1110* CArtit Soo ea-216, For ;um+, rigetilhaltoD.Vili; lity,AdAt;0110,,,.)1 IFB 827381 Citywide Storm Sewer Cleaning Services Attachment D: Reference Submittal Form FIRM NAME: EnviroWaste Services Group, Inc. Reference Section 2.14 Summarized Requirements: Refer to the details in Section 2 Special Conditions 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: City of Miami, Public Works Address: 444 SW 2nd Ave. 8th Floor, Miami, Florida. 33130 Contact Person: Elyrosa Estevez. PE Contact Phone Number and Email: 305-416-1295 eestevez@miamigov.com Date of Contract or Sale: 2003-current Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Contract, etc.): Storm drain cleaning & inspection, hurricane response, GIS, Well Cleaning Past Performance Reference Check #2 Company/Organization Name: City of Doral Address: 8401 NW 53rd Terr, Doral, Florida. 33166 Contact Person: Carlos Arroyo Contact Phone Number and Email: 305-593-6740 ext 6009 carios.arroyo@ cityofdoral.com Contact E-mail (if applicable): Date of Contract or Sale: 2006-current Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Contract, etc.): Storm drain cleaning & inspection, hurricane response, GIS, Past Performance Reference Check #3 Company/Organization Name: Village of Pinecrest Address: 10800 Red Road, Pinecrest, Florida 33156 Contact Person: Gary Krackenberger Contact Phone Number and Email: 305-669-6916 Contact E-mail (if applicable): krackenberger@pinecrest-fl.gov Date of Contract or Sale: 1998-current Prime or Subcontractor: Prime Other (Description of Service. Total dollar value of Contract, etc.): Storm drain cleaning & inspection, hurricane response, GIS, 1 Tide: IFB Storm Sewer Cleaning Services IFB No: 827381 List of Subcontractor: Completion of Form This form is initially to be completed and submitted with the IFB, listing all Subcontractors to be used under this Contract. This form is to be updated after award of the Contract as additional Subcontractors are added or changed. Submit additional pages as neceassary. Name of Firm Address Scope of Work l_.icenses Value of Work % of Work None used, 100% Self Perform Note: 1. The work performed by Subcontractor(s) listed cannot equal more than fiftenn percent (15%) of the total work for the Contract. 2. The foregoing list of Subcontractors may not be amended after award of the Contract without the prior written approval of the City`s Project Manager identified in the Solicitation, whose approval will not be unreasonabley withheld. Name of Proposer: EnviroWaste Services Group, Inc Date: 4/28/18 Name of Individual Completing Form: Julio Fojon Signature: Category 1 ID Make Vectors 8 Vac.cons 30 116 139 160 Ford Sterling Sterling Sterling Sterling International International Sterling Sterling Sterling Sterling Sterling Sterling Sterling Sterling Sterling Sterling Sterling International International International Sterling Sterling Sterling Sterling Sterling Sterling Mack Sterling Sterling Freightliner International International International Model Color Year Vac -con White 1998 Vactor White 2004 Vactor White 2005 Vactor White 2005 Vactor White 2006 Vac -con White 2006 Vactor White 2006 Vactor White 2006 Vactor White 2006 Vactor White 2006 Vactor White 2006 Vactor White 2007 Vactor White 2007 Vactor White 2007 Vactor White 2006 Vactor White 2007 Vactor White 2007 Vactor White 2007 Vactor White 2007 Vactor White 2009 Vactor White 2009 Vac -Con White 2002 Vac -Con White 2004 Vac -Con White 2005 Vac -Con White 2007 Vac -Con 1999 1999 Vac -Con Blue 2009 Vactor White 2006 Vac -Con White 2002 Vactor White 2012 Vactor White 2007 Vactor White 2007 Vactor White 2007 Plate No. Expiration VIN No. N2286P 1 FOYN801-NNA40395 12/31/18 2FZHATAK64AL76085 12/31/18 2FZHATDC05AN67474 12/31/18 2FZHATDC45AU85067 12/31/18 2FZHATDCX6AV69217 12/31/18 1 HT4VHAAT86J253378 12/31/18 1HTWGAZT86J293063 N1714X 2FZHATDC96AV69225 12/31/18 2FZHATDC46AW659O9 12/31/18 2FZHATDCO6AW65910 12/31 /113 2 FZHAT0C76AW65421 12/31118 2FZHAZDE87AW65434 12/31/18 2FZHAZDEO7AW65766 12/31/18 2FZHAZDF_27AW65767 12/31/18 2FZHAZDE56AW65714 12/31/18 2F2HATDC87AX52875 12/31/18 2FZHATDC67AX52874 12/31/18 2FZHAT0C07AX52658 12/31118 1 HTWGAZT57J564811 12/31/18 1 HTMMAAL89H145468 HQAZ76 12/31/18 1 FITMMAALX9H145469 12/31/18 2FZHAZJ1S62AK52978 N5828T 2FZHATDC24AM47917 12/31/18 2FZHATDC65AU10385 12/31/18 2FZAATDC07AX53293 '12/31/18 2FZNRJSBOXAA81134 12/31/18 2FZNRJBB7XAA81132 12/31/18 1 M2AV04 C69M003402 12/31/18 2FZHAWDA96AV69273 12/31/18 2FZHATAK72AJ59075 12/31/18 1 FVHG3DV6Ct1BK4218 12/31/18 1HTWYS13T07J399389 12/31/18 1 F1TWYSBT97J399388 12/31/18 1 HTWYSBT97J399391 Weight Capacity (Gal) Location GVW 41000 60000 60000 60000 60000 60000 66000 1800 2400 2400 2400 3000 3000 3000 60000 3000 60000 3000 60000 3000 66000 3000 66000 3000 66000 3000 66000 2400 60000 2400 60000 2400 60000 2400 66000 2400 25999 600 25999 600 66000 2400 2400 55000 2400 44000 1800 42000 1800 60000 1800 2400 2400 1800 2400 2400 2400 2400 60000 60000 66000 66000 66000 66000 Miami Orlando Tampa Orlando Tampa Miami Miami Miami Tampa Miami Miami Miami Miami Miami Miami Tampa Tampa Orlando Tampa [3 rowa rd Tampa Orlando Miami Orlando Broward Oiiando Miami Orlando Miami Broward Miami Miami Orlando Orlando Roll•Offs d, Dump Trucks 4 Pickups & Pareenger Vehicle 32 TV Trucks 13 Heavy Equipment 4 Trailers 18 Pump Trucks 17 Miscellaneous 3 Altair 2 Line: 1 Description: Bidders are not required to enter a unit price on this line. Bidders shall submit their prices on Attachment B - Price Sheet, located in the Header/Attachments Section of this Solicitation in the Oracle/iSupplier Sourcing System. Category: 91381-30 Unit of Measure: Dollar Unit Price: S Nuruber of Units: 1 Total: $ Page 4 of 46 F 1. RICKK SCO1T, GOVERNOR. KEN LAWSON,SECRETARY y-h�• ryC rII__ p L1EF-N.RTMEsN_T Or BUSINESS AND:PRC3F SSi(3NA R G_ u L A T i 0 N CONSTRUCt1ONiNDUSTR` :tiCENS ...F. Of p -- —,-�.'--`-: .:,.,,; "ir(tndd-be ow •iS-CERT'PtE -U c r•€te-T avisionCof-Chep, 89 S -- /•,r ESSU D i°?T�ZC1S �rlD S3C.".t}�C"p9 • . 1�1 '' \`+y1 PL Aa R_ JiR1; 20/i7 .EXPIRES S 33o12Ci8 t, ,gj5rzo? sae.ac . =. s22.o 8?27l2C This receipt Is official when validated by the Tax Collector. ,r-- 'H17 j�/� • i. l COUNrIt Mt•Y.A This receipt is official when validated by the Tax Collector. s-S SEQ a L:6C8O7OCC2565 n . awe,--- 42'.94 T,may yS� STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGJLATION CONSTRUCTION INDUSTRY LICENSING E.30AR'..7; 2301 BLAIR S I'ON(.= ROAD TALLAHASSEE FL 32399-0783 BARBA. ECUARDO JOSE; ENVIROWASTF: SERVICES GROUF. INC 13Ct.1 DI.- CUTER RC) MIAMir 331:57 L;•arctariLrawris"eiirr. fr.,1 beecwrte Orte .71 le4r1y ram: "AK,' r ars ficrertsec by :be Department of P.1.7•;--.esa and Preesssonal Reir,utatitr:, brofessiorars arrri ou &master. rorle 'rem arrIrAeras yam brokers. trrwri bowers te barbecue resraurans er.rtf t-ey keep Fora ebarcrrry strorw; dar oro xarrur. anerove thr; •41,4j la 7-`rec y."-,.1.1 better For •ribr774.1110r armrit Ccir ser,itcas please kw)rlc WWW.mytioridalicensat.com Thee y:u car Frnd more ir co -mat -on .1O,:vr 1.rt ITV ,7,44.1fatcrs that impacr, sLtszete Inar.r*C", riPu-SA?tlefS af.d team rage aDOut the Ceoart-rent's lr-reir:wes Ojr mice at trre Dewar:nem'. Lberse Ettr.Peetly, Re-41441a Faery Aewnstarrtly• ste ve tr.) Serve beer st. tvat yt.xi un, serve your customers r'sarl.. tr (205r1 Mo. fen F te.,1141 i cr_q-nrat..ilatons ysur -rewr P.tcK SCT, fPrl- CO} 487-1395 E RI:t; ISSUED • ,••• - .1- NE -7-7,FRoC:=S. GRCA. DETACH HERE KLN f4 S1 MY STATF OF BUSINESS AND PROFESSiONAL ELTC CONSTRUCT/ON INDUSTRY LICENSING B.CAPr. 7 t. - I. V 33!5- !SS _Ea 0-7/372016 DISPLAY AS RECILIPED BY LAW Sr: A . 4 SE First St, 2nd Floor, Miami, FL 33131 O-(877) 637-9665 F-(877) 637-9659 vv-ww,Envirowasteservicesgroup.com State of Florida Departmetzt ofState SL--.F.". ---- 7:1,'" 3. 'LI rxkid ifl office -z1% 7. r.;:.137 : av-.1111...-ii report urafc.f.Izt 17 a t:1 Srl7US iC L-7... :1,77 filed Aricle-, of DI Gr-t's' 7i It Ilde: my hand raid ih.e Grect Se2t1 :he .Srar cfTh ar TalThlta see. rhe Capirrsi, this rk.71.-747112: fr:y. 201- 1feiN„. .r.lret"v ecretary qf State Stizrao.r C C 53; nu 1-14 T2-1;!bmnfICV.V Thr risk, ms=tia,7-. acd ibeu folkn •:be dilplAfed, rtp-;:- 7.41.-.1c.u...-Accut,s,a.orz tkr.4.-.. or!-itscat40-n›_,..--,ra-..-.1: Rur}‹ 4 SE First St, 2nd Floor. Miami, FL 33131 O-(877) 637-9665 F-(877) 637-9659 WWW.Envirowasteservices.eroup.com Form Wig (Rev. August 2013) Department of the Treasury internal Revenue. Service Request for Taxpayer identification Number and Certification Give Form to the requester. Do not send to the IRS. • Name 'as shown o ycur arcs , ti f Business rrarre.disrcgarded en ty narne, f aFrom above EnviroWaste Services Group, Inc Check appropriate box for federal tax c`assifrcat.on: Individual/solo proprietor 5 r C Corporation yr U O 2 m •E c S Corporation ▪ Partnership Tr. st: estate Limited tiab!lity company. -ter the tax classification (CSC corporaton. S=S corporation, P=pa trershipl Other (see ,nsintcj:on5) Exemptrcr.s (see instructions): Exempt payee code (if any) Exemption +rom FATCA reporting code lit anti') Address (number. street, and a cr suite no 4 SE First Street, Second Floor state. and ZIP cede Miami, Florida. 33131 P.e uester•s name and address rep; orail EzaI amour trrumber(s;•'ere 'c Taxpayer Identification Number (TIN) Enter ycur TIN in the appropriate box. The TN provided must match the nar^e given an the "Name" line to avoid backup withholding. For individuals. this is your social security number (SSNj. However. for a resident alien, sole proprietor, or disra arded entity. see the Pan E instructions or page 3. For ether entities, it is your employer identification cumber (E!N). if you do not have a number. see how 'c get a 77Nonpage 3. Note. If the account is in more than one name,, see the chart on page 4 for guidelines on whose number to enter. LEM Certification Social security number ' Employer identification number 6 -- 0629 0 9[0, Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number or I am waiting for a number to be issued to me). and 2. i am not Subject to backup withholding because: (a) 1 am exempt from backup withhoidrg. or (b) I have not been notfieci by the Internal Revenue Service (IRS) that I am subject to backup wit.'rholdino as a result of a failure to report all interest Cr dividends. or ic' the ;RS has notified me that I am no longer subject to backup withholding. and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the iRS that you are currently subject to backup withholding because you have tailed to report all interest and dividends on your tax return. For real estate transactions. kern 2 does rot apply. For mortgage interest paid,. acquisition or abandonment of secured property. cartce:!ation of debt. contributions to an individual retirement arrangement (1RA), and generally, payments other than interest and dividends. you are not r> ~-wired to sign the certification. but you rust provide your correct TN. See the instructions on page 3. 'Sign Signature of Here u.s.person> General Instructions Section references are to the Internal Revenue Code unless other:rise noted. Future developments. The IRS has created a page on :RS.gov for information about Form W-9, at www.irs.povlw9. Info.' natior about any future developments aftectirg Form W„9 (such as :eg's'.^.tion enacted after we release it) wilt be posted on that page. Purpose of Form A p,,Jryon who is required to fie an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report. for example. income paid to you, payments made to you in settlement of payment card and third party network transactions. real estate transactions. mortgage interest you paid, acquisition or abandonment of secured property. cancetiat:on of debt. or contributions you Trade to an IRA. Use Forrr W-9 oily if you are a U.S. parson (including a resident alien). to provide your correct TIN to the person rcquestr'g it (the requester) and. when apol'cat,ie, to: 1. Certify that the TIN •rod are owing is cnr+ect (or you arc waiting fc' a h rter to be issued). 2. Certify that you ore not subject tc bock;:o W:tnrolding, or 3. Clam exerro ion from backup withholding it you are a J.S. exnm;)t payee If aopl:cable, you are also certifying that a5 a J.S. person. your allocable share pi pry painership income from a U.S. trade or buira-•css is not subject to the Date withholding tax on foreign partners' share or effectively connected income. and 4. Certify that FATCA code(s) entered on this form (if arty) indicating that you are exempt from the FATCA reporting. is correct. Note. If you are a U.S. person and a requester gives you a form other than Forst W-9 to request your TIN. you must use the requester's form if it is substantially similar to this =arm W-9. Definition of a U.S. person. For federal tax mimeses, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. res•dent are';, • A partnership, corporator, comp -any, or association created or organized :r the United States or under the laws of the United States. • An estate (other than a foreign estate). cr • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax urder section 1146 an any foreign partner.; of L -• . r.kJ} -', ` it such business Further, in certa'n cases wheat a Form W-9 has not been received. the rules under section 1446 req.: re a partnership to presume that s panne, is a foreign person, and pay tine section 1446 withholding tax. Therefore. if you are a U.S. person that is a partner :n a partnership conducting a trade or business ,n toe United States. provide Form W-9 to the pan" ersh,p to establish your U.S status and avoid section 1446 withholding on your sharp. of partnership income. Cat No-10231X Fa"rn W-9 (Rev. 0-2C Business Detail E3,sine8- witch Reports: 7r] r ny Logged in as Lfcwler©miamigov corn ENV!ROWASTE SERVICES GROUP Status: Closed L Business Detail .1—cig' t Ut I ' indicates required data 4 SE 1 ST , MIAMI FL 33131-1008 (305)637-9665 Detail Zoning AU/CU Finance BTR Billing Cuss. Sry Dashboard Oracle p 71588 BTR Application Date: App Origin Office: Net Office: +6O,':NTO'hiioHRICKELL Comm's Dist: 2 - Ken Russell Active BTR's Count: FEIN/55N: 650529090 Business Tax Receipts Notes BTR h BTR Name Is CU Exempt: Certificate Type: Certificate Status: Certificate Number: Certificate Issued Date: Business Cat. FEUSStJ SI.P;.,t; Sys:air Hold User Hrrkl BTR Holder Name: BTR Category: Holder FEIN/SSN: System Hold: User Hold: License Required: ENVIRQWASTE S RVICES CROUP ADMINISTRATIVE OFFICE C50825090 WA BTR Code: 007C_CC Rate Code: M017 Sticker Count: Sticker Sire: Units: 1 - Fixed tee Btr 11: Status: Inactive Bill Line 5: Print Date: C4-Eeu-2o16 Status Date: Issued Date: 28-Jan-2015 2422 04-lee-2016 5 Data Trt,e 21-Acr-2015 r'rar�e 15-n;,g-2015 Rr,a,-.r ..v:� tdar-20'5 Fnanz_ -May-_C14 Com^:ent 10 Notes c,:s As PER F PS : :NSPFCTCP r-.,, R6C;.PR:A\CO_ A 5P_CTOP _RRCP SLE4 MESS :PERA.T=_-.ti-E 2`,.' vat: acct ou: of r_.us p.r'.re irsp _F :tango Auto- enera:e_ �5nitcale 4t 05 `:7-GDC228 Displaying items 1 - 1 of 1 Creaiud by CF ..CP- _t s , !C;cv CO;M Mn __ AM'..rCVCam'-.i 3...0q te:nS 1 -4. D14 https://apps.miamigov.comiNliamiBiz/Busine.ssDetail'?I3usine.ssID-=af7dc462-bleb-4l8-80a... 5/812018 ousmess earen tql.k2,C L U I 1 SpJrCil Reports f ratiiing Logged in as: Uowlergmiamgov com Business Search Search Criteria: Search Type: r Envirowaste Full Text Search iliminess Name Page LI of 1 Status: indicates required data f.c;tve InActive Pencting Incomplete Closed Oracle Gust. N Owner 1-1u.s.rwSs Arit1re,.3 Eryi,:masie HoJdngs 4 SE 1 si Penpuip 07-Ma1-2018 71568 4 SE 1 51 Classt 20-Au5-2013 Displaying items 1 - 2 of 2 Stains S±b±±t haps://apps.miamigov.com/MiamiBiz/BusinessSeareh 5/8/2018 City of Miami Invitation for Bid (IFB) Procurement Department Miami Riverside Center 444 SW 2"d Avenue, 6Lh Floor Miami, Florida 33130 Web Site Address: IFBNumber: Title: Issue DatelTime: IFBClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 827381,2 Invitation for Bid (IFB) for Storm Sewer Cleaning Services 25-APR-2018 07-MAY-2018 @ 15:00:00 Voluntary April 20, 2018 at 9:30 a.m. City of Miami MRC 8th Floor North Conference Room, 444 SW 2nd Ave, Miami, FL 33130 April 24, 2018 at 5:00 PM Gray, Tahlia City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US tgray@miamigov.com 305-400-5019 Page 1 of 46 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 all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME- ADDRESS - PHONE: FAX EMAIL: CELL(Optional) • SIGNED BY. TITLE: DATE - FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS RESPONSE. Page 2of46 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: FEI/EIN No.: Office Location: City of Miami, Miami -Dade County, or Other Occupational / Business License Number: Occupational / Business License Issuing Agency: Occupational / Business License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If yes, provide Subcontractor(s) information on Attachment C - Subcontractors. The work performed by all Subcontractors listed cannot be more than fifteen percent (15%) of the total work for this contract (a copy of their license(s) must be submitted with your bid response). Page 3 of 46 Line: 1 Description: Bidders are not required to enter a unit price on this line. Bidders shall submit their prices on Attachment B - Price Sheet, located in the Header/Attachments Section of this Solicitation in the Oracle/iSupplier Sourcing System. Category: 91381-30 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 4 of 46 Invitation for Bid (IFB) 827381,2 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, DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 26 2.3. VOLUNTARY PRE -BID CONFERENCE 26 2.4. TERM OF CONTRACT 26 2,5. METHOD OF AWARD 26 2.6. CONDITIONS FOR RENEWAL 26 2.7. NON -APPROPRIATION OF FUNDS 26 2.8. BIDDERS MINIMUM QUALIFICATIONS 27 2.9. INDEMNIFICATION 27 2.10. INSURANCE REQUIREMENTS 28 2,11. BID BOND 30 2,12, PERFORMANCE BOND 30 2,13. SUBCONTRACTOR(S) 30 2.14. REFERENCES 31 2.15. TIE BIDS 31 2.16. CITY OF MIAMI LIVING WAGE ORDINANCE 31 2.17. PROJECT MANAGER 32 2.18. METHOD OF PAYMENT 32 2.19, ADDITIONS/DELETIONS OF FACILITIES/LOCATIONS/ITEMS/PRODUCTS/SERVICES 32 2.20. PRIMARY CLIENT (FIRST PRIORITY) 32 2.21. RESPONSE TIME 33 2.22. SUPERVISION 33 2.23. USE OF PREMISES 33 2.24. DAMAGES TO PUBLIC/PRIVATE PROPERTY 33 2.25. PUBLIC CONVENIENCE AND SAFETY 33 2,26. SAFETY MEASURES 34 2.27. COMPLETED WORK 34 COMPLETED WORK 34 2.28. FAILURE TO PERFORM 34 2.29. LIQUIDATED DAMAGES 34 2.30. TERMINATION 34 2.31, ADDITIONAL TERMS AND CONDITIONS 35 3. Specifications 36 3.1. SPECIFICATIONS/SCOPE OF WORK 36 3,2. PIPELINE CLEANING - GENERAL 39 3.3. PIPE AND CITYWIDE STORM SEWER CLEANING - EXECUTION 39 Page 5 of 46 Invitation for Bid (IFB) 827381.2 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $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 for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1,2, ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer: such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation, In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign. transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts. and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 6 of 46 Invitation for Bid (IFB) 827381,2 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation. Bidder's/Proposer's response. any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda, B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs, C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful BidderlProposer 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 BidderlProposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI. the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer. whichever is determined to be in the Page 7 of 46 Invitation for Bid (IFB) 827381,2 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bidlproposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the 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 Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 8 of 46 Invitation for Bid (IFB) 827381,2 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.I33(3) (A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation, E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611:61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 9 of 46 Invitation for Bid (IFB) 827381.2 Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (hid) documents (See Section 2,2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida Iaw or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position. except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City. imposition of the maximum fine and/or any penalties allowed by law. Page 10 of 46 Invitation for Bid (IFB) 827381.2 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS - Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s) /Proposer(s) . 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 11 of 46 Invitation for Bid (IFB) 827381,2 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said 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 Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy. or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 12 of 46 Invitation for Bid (IFB) 827381,2 to comply with these requirements may deem a Response non -responsive. A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability. as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response. the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: Page 13 of 46 Invitation for Bid (IFB) 827381,2 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, Iicenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the 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 bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 14 of 46 Invitation for Bid (IFB) 827381,2 or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida IVlinimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential: E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information Page I5 of 96 Invitation for Bid (IFB) 827381,2 practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, Injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials andlor 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 §725.66 and/or §725,08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Page 16 of 46 Invitation for Bid (IFB) 827381,2 Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder. then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final hid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet Page 17 of 46 Invitation for Bid (IFB) 827381,2 as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response: however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the License to the City during the evaluation period, but prior to award, 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. Page 18 of 46 Invitation for Bid (IFB) 827381,2 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND -A Contractor may be required to 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) -Bidders/Proposers are expected to examine the specifications, required delivery, drawings. and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods andlor services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format, Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT. THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of Page 19 of 46 Invitation for Bid (IFB) 827381,2 market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT -Bidders/Proposers may offer a cash discount for prompt payment: however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor far repair, modification, study, etc.. shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Page 20 of 46 Invitation for Bid (IFB) 827381,2 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 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 bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship. unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72, RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000, Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing, 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or Page 21 of 46 Invitation for Bid (IFB) 827381,2 ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation, A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or li. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed, A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or Page 22 of 46 Invitation for Bid (IFB) 827381,2 the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such 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 followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign. transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified. the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All Interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal, 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no Page 23 of 46 Invitation for Bid (IFB) 827381,2 award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1, 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 RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, 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 RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence, Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date andlor 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 andlor Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager an behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for Page 24 of 46 Invitation for Bid (IFB) 827381.2 its own convenience; C. Funds are not available to cover the cost of the goods andlor 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 andlor services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications. free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation. if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or 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 Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications andlor 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 46 Invitation for Bid (IFB) 827381,2 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Citywide Storm Sewer Cleaning Services, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Tahlia Gray:: fax: (305) 400-5019 or email: tgray@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 April 24, 2018 at 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. VOLUNTARY PRE -BID CONFERENCE A Voluntary pre -bid conference will be held on April 20, 2018 at 9;30 a.m., at City of Miami MRC 8th Floor North Conference Room, 444 SW 2nd Ave, Miami, FL 33130, 2.4. TERM OF CONTRACT The Successful Bidder shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional two (2) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. METHOD OF AWARD Award of this contract will be made to the lowest responsive and responsible Bidder who meets Specifications, herein. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following; (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. NON -APPROPRIATION OF FUNDS Page 26 of 46 Invitation for Bid (IFB) 827381.2 In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm (s) . 2.8. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this bid; that have a record of performance for five (5) years; and that have adequate financial support, equipment and organization to ensure that they can satisfactorily provide the goods and/or services if awarded a contract under the terms and conditions herein stated. The minimum qualifications for this bid are that the Successful Bidder shall, as of Bid Due Date: (1) Have a current certified 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 Contractor's Certificate of Registration as issued by Miami -Dade County Code. which authorizes the Bidder to perform the proposed work. The Successful Bidder and Subcontractors shall hold a General Contractor license in the appropriate trade. (2) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City, (3) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt within the last three (3) years. 2.9. INDEMNIFICATION Successful Bidder 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 Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder 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 Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder 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 Successful Bidder 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 Successful Bidder, or persons employed or utilized by Successful Bidder. Page 27 of 46 Invitation for Bid (IFB) 827381,2 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. Successful Bidder shall require all subcontractor agreements to include a provision that each sub -Contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder 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 Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City. in no way, assumes or shares any responsibility or liability of the Successful Bidder 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 Successful Bidder, 2.10. INSURANCE REQUIREMENTS The Bidder shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence: $1,000,000.00 General Aggregate Limit: $2,000,000.00 Products/Completed Operations: $1,000,000.00 Personal and Advertising Injury: $1,000,000.00 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 II. Business Automobile Liability A. Limits of' Liability Bodily Injury and Property Damage Liability Page 28 of 46 Invitation for Bid (IFB) 827381,2 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: $3,000,000.00 Aggregate: $3,000,000.00 City of Miami listed as an additional insured Excess Follow Form aver all applicable liability policies contained herein V. Owners and Contractor's Protective Each Occurrence: $1,000,000.00 General Aggregate: $1,000,000.00 City of Miami listed as named insured VI. Payment and Performance Bond: $Full Value City of Miami listed as an Obligee Page 29 of 46 Invitation for Bid (IFB) 827381,2 VII. Installation Floater (If Applicable) Causes of Loss: All Risk of Direct Physical Damage or Loss Valuation: Replacement Cost The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) calendar days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.11. BID BOND All bids shall be accompanied by an original Bid Bond in the amount of five percent (5%) of the total bid submitted, to be in the form of a Cashier's Check or Money Order made payable to the City of Miami; a bond written by a Surety Company authorized to do business in the State of Florida and shall comply with State Statute 287.0935. The bond from all Unsuccessful Bidders, if in the form of a Cashier's Check, will be returned after bid award. 2.12. PERFORMANCE BOND Within fifteen (15) working days following notice of award by the City, the Successful Bidder shall furnish to the City of Miami, a Performance Bond in the total amount of the annual cost to the City, which shall be updated annually, for the period of the contract (to be determined at the time of award). The Performance Bond can be in the form of a Cashier's Check, made payable to the City of Miami; a bond written by a Surety Company authorized to do business in the State of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the tatter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Successful Bidder. 2.13. SUBCONTRACTOR(S) As part of its bid, the Successful Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, as reflected on Attachment C -- Subcontractors. Successful Bidder shall approximate percentage of work to be performed on this contract for Subcontractor(s), Certification(s)/License(s), and the description of the work to be done by the Subcontractor. Failure to identify any and all Subcontractors in the bid shall render the bid non -responsive. Page 30 of 46 Invitation for Bid (IFB) 827381,2 The Successful Bidder shall not, at any time during the tenure of the contract, subcontract any portion or part of the contract to Subcontractor(s) not originally identified in their bid, except under and by virtue of permission granted by the City through the Project Manager. The Successful Bidder shall be fully responsible to the City for the acts and omissions of the Subcontractor and their employees, as for acts and omissions of persons employed by Contractor. The Work performed by all subcontractors shall be no more than fifteen percent (15%) of the total Work for this contract. 2.14. REFERENCES Each bid must be accompanied by three (3) references for projects completed within the past three (3) years, as reflected on Attachment D - Reference Submittal Form located in the Header/Attributes Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THESE REFERENCES. 2.15. TIE BIDS Whenever two (2) or more bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied bidders have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs. and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) working days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.16. CITY OF MIAMI LIVING WAGE ORDINANCE Page 31 of 46 Invitation for Bid (IFB) 827381,2 The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding one hundred thousand dollars ($100,000.00) annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557, City of Miami Living Wage Ordinance, is attached as Attachment A - City of Miami Living Wage Ordinance. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Successful Bidder's must pay to all its employees, who provide services, a living wage of no less than fifteen dollars ($15,00) per hour without health benefits: or a wage of no less than thirteen dollars and nineteen cents ($13.19) an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.17. PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Elyrosa Estevez, or designee, who shall be designated as the Project Manager(s) for the City. 2.18. METHOD OF PAYMENT Payment will be made within forty-five (45) calendar days, in accordance with Florida Statutes Sections 218.73 and 218.74 of the Prompt Payment Act for services rendered the previous month, upon submission of properly certified/approved invoices. All such information shall be provided to the City Project Manager. The City will pay the contract price minus any liquidated damages and/or other damages to the Successful Bidder upon completion and acceptance. Damages caused by the Successful Bidder's employees shall be estimated by the City Project Manager and computed actual costs and repairs shall be deducted from the Successful Bidders total monthly billing. 2.19. ADDITIONS/DELETIONS OF FACILITIES/LOCATIONS/ITEMS/PRODUCTS/SERVICES Although this Solicitation identifies specific facilities/locations/items/products to be serviced, it is hereby agreed and understood that any facility/location/item/product/service may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract shall be invited to submit price quotes for these new facilities/locations/items/products/services. If these quotes are comparable with market prices offered for similar facilities/locations/items/products/services, they shall be added to the contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.20. PRIMARY CLIENT (FIRST PRIORITY) The Successful Bidder agrees upon award of this contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract Successful Bidder may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Page 32 of 46 Invitation for Bid (IFB) 827381,2 2.21. RESPONSE TIME A four (4) hour response time is required. Failure to respond to a service call within the specified time will result in the Successful Bidder paying any and all costs associated with the repairs performed by a secondary vendor. 2.22. SUPERVISION Successful Bidder shall keep on the work site at all times, a competent English speaking Supervisor and any necessary assistants, all satisfactory to the City. The Supervisor shall not be changed except with the written consent of the City, unless the Supervisor proves to be unsatisfactory to Successful Bidder and ceases to be in its employ. The Supervisor shall represent Successful Bidder and all directions given to the Supervisor shall be binding as if given to Successful Bidder and will be confirmed in writing by the City upon the written request of Successful Bidder. The City shall be provided telephone number(s) and email(s) for the Supervisor, where the Supervisor can be contacted during regular business hours (Monday - Friday, 8:00 a.m. to 5:00 p.m.), as well as after hours for emergencies. 2.23. USE OF PREMISES The Successful Bidder shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The Successful Bidder shall take all measures necessary to protect his/her own materials. 2.24. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one (1) month from date damage was done). 2.25. PUBLIC CONVENIENCE AND SAFETY The Successful Bidder shall conduct his/her work so as to interfere as little as possible with private business or public travel. Successful Bidder shall, at his/her own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and he/she shall be liable for all damages occasioned in any way by his/her actions or neglect or that of his/her agents or employees. The Successful Bidder shall meet the following noise abatement performance standards for all construction equipment: Between the hours of 7:00 a.m. and 6:00 p.m. noise levels shall not exceed 80 dBA at the nearest residential or commercial property line, Operation of equipment should be avoided between the hours of 6:00 p.m. and 7:00 a.m., but if required, the noise level shall not exceed 65 dBA. Page 33 of 46 Invitation for Bid (IFB) 827381,2 2.26. SAFETY MEASURES Successful Bidder shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of Successful Bidder shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The Successful Bidder shall use only equipment that is fully operational and in safe operating order. Successful Bidder shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.27. COMPLETED WORK The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve completed work before authorizing payment, Work not satisfactorily completed shall be redone by the Contractor at no additional charge to the City. COMPLETED WORK The City shall be notified by the Successful Bidder upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.28. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or Supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 229. LIQUIDATED DAMAGES Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated. shall result in liquidated damages being assessed, The Successful Bidder shall be subject to an assessment of liquidated damages in the amount of one tenth of one percent (0.1%) of the total amount of the contract value for each and every calendar day the work remains incomplete (a minimum of one hundred dollars ($100.00) for each and every calendar day the work remains incomplete), as compensation due to the City for loss of use and for additional casts incurred by the City due to such noncompletion of the work. Refer to Section 6-9 of Standard and Specifications for Public Works Projects. The City shall have the right to deduct said Iiquidated damages from any amount due or that may become due to the Successful Bidder under this agreement or to invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Successful Bidder. 2.30. TERMINATION A. FOR DEFAULT Page 34 of 46 Invitation for Sid (IFB) 827381,2 If Successful Bidder defaults in its performance under this contract and does not cure the default within thirty (30) calendar days after written notice of default, the City Manager may terminate this contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his/her or his/her subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this contract, in whole or in part. upon thirty (30) calendar days prior written notice when it is in the best interest of the City of Miami. If this contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami, the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the contract for those services rendered prior to termination, 2.31. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 35 of 46 Invitation for Bid (IFB) 827381,2 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK All Responses to this IFB shall be in Hardcopy Format as defined in Section 1,60. Preparation of Responses (Hardcopy Format), and delivered to the Hard Copy Submittal Location on the front cover. The City of Miami ("City") on behalf of the Public Works Department ("Public Works") is soliciting bids for Citywide Storm Sewer Cleaning Services ('Services"). The Successful Bidder shall furnish all labor, supervision, vehicles, tools, transportation, supplies, fuel, equipment. and materials as required to perform complete the Services. The purpose of this contract is to provide the Services needed to clean out and desilt the City's storm sewer infrastructure using hydraulic cleaning and wet vacuum equipment (Vactor Truck and not a Sanitary Sewer Truck Pumper), which consists of storm sewer catch basins, manholes, drainage wells. box structures, auger hole structures, cover ditches, French drains, open joint pipe systems, cross pipes and outfall pipe systems within the City. The work to be performed consists of furnishing labor and cleaning equipment for cleaning, flushing and vacuuming storm facilities and restoring them to original capacity as directed by the City Engineer. In addition, there will be television inspection, if necessary, to assess the storm sewer infrastructure conditions. The cleaning of deep drainage wells (minimum one hundred feet (100') deep) shall be accomplished by using the compressed air jetting method or approved equal. All cleaning and inspection of the existing storm sewer system must be documented using GIS and with a GIS compatible software to be provided to the City before final invoice. Please contact Public Works Geographic Information System ("GIS") Coordinator at (305) 416-1200 for additional information. In addition, the services consists of the removing, hauling and disposing of the debris and materials deposited in the catch basins, inlets, manholes and adjacent pipes and ail drainage systems citywide including permit costs. Proper disposal, testing and hauling of removed material will be the responsibility of the Successful Bidder. No additional payments by the City will be allowed for disposal fees. The debris will be disposed at the nearest Miami -Dade landfill facility after all required environmental testing of the material are performed. Please note, if desired, the Successful Bidder may decant and dispose of the material inside the Vactor Truck in their own yard. The Successful Bidder shall be responsible for his own water to perform the cleaning as necessary. Location The services are required citywide. The services shall occur at all City roadways. Successful Bidder is not to clean the storm sewer infrastructure located on State or County roadways. Traffic Control Traffic will be controlled by the Traffic Section of the City of Miami Department of Police, and Department of Public Works during construction. Traffic shall be maintained at all times where directed by the City Engineer. A traffic permit from the Department of Police will be required. Sufficient lights, barricades and traffic signs shall be provided, placed and maintained by the Successful Bidder at all times in order to properly safeguard traffic and the public. Traffic shall be maintained at all times, where directed by the City Engineer. In the event that any street must be closed to traffic or detoured, it shall be closed or detoured only after approval of the Department of Police and the Department of Public Works of the City of Miami, and after notifying the City of Miami Fire Department. The following additional requirements will also be enforced: Page 36 of 46 Invitation for Bid (IFB) 827381,2 • All traffic control devices used on local street construction shall conform to the standards and specifications of Metro Traffic Division; • Steel plates or bridging capable of supporting H-20 loading and temporary asphalt pavement shall be used where necessary to comply with these requirements; and • All costs for traffic control shall be included in other parts of the work. Equipment A. Hydraulic Cleaning and Wet Vacuum - Hydraulic cleaning and wet vacuum, single unit vehicles or one (1) self-contained vehicle having a Multi -Flow system capable of providing 45 to 80 GPM at a minimum of V2,000 p.s.i. jet pressure with a 500 foot hose (1"), having adequate vacuum power to clean inlets, a five (5) cubic yard (minimum) dump bin and a 1,000 gallon (minimum) water tank, will be required unless otherwise approved or directed by the City Engineer. All equipment shall he kept in good operating condition and shall be maintained to properly perform the work. B. Operations - Hydraulic cleaning and vacuum removal shall be performed by using one of the following methods: • Inlet, outfall and storm sewer cleaning (desilting): This stands for cleaning of the entire inlet whether it be a curb inlet, catch basin, manhole, auger hole, box structure, and cleaning all pipes including French drains, cover ditches, open joint systems, and any size of outfall pipes. • Televising: This stands for the video inspection of the inside of the pipes, if necessary. Any request far televising shall be approved by the City Engineer. A compact disk shall be submitted with the results of the investigation per location. • GIS Data Collection: This stands for data collection of the storm sewer system cleaned and inspected by the Successful Bidder. The GIS data must be compatible with the City's GIS and must be provided prior to each invoice. An acceptable GIS database consist of inlet number per City of Miami database, manhole number per City of Miami database, cross pipe diameter from manhole to inlet, French drain with diameter form manhole to manhole, etc. with latitude and longitude, with date of inspection, and report of any hazardous materials found, if any. The City will provide the original GIS data layer from which the Successful Bidder must update once each storm sewer structure and pipe is cleaned. And, there may be additional structures to be added to the City's layer. It is the responsibility of the Successful Bidder's GIS Coordinator to update the layer and present it to the city for final approval. C. Crews - The Successful Bidder shall provide a minimum of two (2) crews at all times. Each complete crew shall consist of a minimum of a driver and helper or operator with the necessary vacuum trucks, manpower, materials, GIS equipment for data recording and other support needed for the work. If the Successful Bidder fails to begin the work under the contract within the time specified in the "Notice to Proceed, or fails to perform the work with sufficient workmen and equipment or with sufficient material to assure the prompt completion of the work assigned, or discontinues the performance of the work, or fails to resume work which has been discontinued within a reasonable time after notice to do so, or becomes insolvent or is declared bankrupt, or files for reorganization under the bankruptcy or insolvency code, or for any other cause whatsoever, fails to carry on the work in an acceptable manner, of if the surety executing the bond, becomes unsatisfactory in the opinion of the City, the Engineer will give notice in writing to the Successful Bidder and his surety of such delay, neglect or default. Continuous failure by the Successful Bidder to complete work orders in a timely fashion may result in the City not issuing further work orders and or cancellation of this contract. Page 37 of 46 Invitation for Bid (IFB) 827381.2 The lack of equipment or unsuitability of said equipment shall not be an acceptable reason for falling behind schedule. D. Compressed Air - Jet Method - The method for cleaning the deep drainage wells consists of using compressed air and jetting inside the drainage well at a depth of one hundred feet (100') minimum. The compressed air — jetting method must be used for the cleaning of the deep wells. Any other method must be approved by City Engineer. The Successful Bidder shall provide its own compressor, hoses, water, truck, etc. for this item and no additional compensation shall be allowed. E. Description of Plans - There are no construction plans for this service. F. Water - The water necessary to pressure clean the systems shall be provided by the Successful Bidder at his/her expense. G. Staging and Storage of Equipment - The equipment staging and storage areas for the transfer of sediments shall be provided by the Successful Bidder at his/her expense. The City will advise a specific location for the vactor truck to decant. Provisions for Special Items To provide a fund for contingent work described below, the Successful Bidder shall include in his bid, under Item No. 10 "Provisions for Special Items," the cash allowance sum of ten thousand dollars ($10,000.00). This fund shall be used to pay for the following when not provided for on the Plans, in the Specifications, or in another Item of the Bid: A. The adjustment, removal, or reconstruction of any City -owned structures, not shown on the Plans nor specifically mentioned in the Specifications: B. Uniformed Police for assistance in blocking traffic during regular work hours as well as emergency work orders, as needed; and C. Other unforeseen surface or underground adjustments or additional work not included on the Plans nor in the Specifications. The amount of such construction adjustments, services and/or work, are rough estimates only and shall be done only as directed by the City Engineer, who shall approve all charges which will be paid for from the funds set forth for Provisions for Special Items. All construction adjustments, and/or extra work that is done by the Successful Bidder without previous written approval by the City Engineer, shall be considered incidental to the job and the City will not be liable for extra compensation. Any portion of said Allowance remaining after all authorized payments have been made. will be withheld from contract payments. Page 38 of 46 Invitation for Bid (IEB) 827381,2 3.2. PIPELINE CLEANING - GENERAL Description A. Work Included: Successful Bidder shall furnish all necessary materials, labor, equipment and services required for cleaning the specified storm sewer and pipelines as indicated on the GIS drawings submitted by the City of Miami, or as authorized by the City Engineer. B. Intent: The intent of pipeline cleaning is to remove foreign materials from the lines so to permit internal inspections by closed-circuit television. C. Definition: The term "CLEAN" as used in these Specifications shall mean the adequate removal of sand, dirt, roots, grease and other solid or semi -solid materials form the pipeline. D. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Condition, Supplementary Conditions, and sections in Division 1 of these Specifications. 2. GIS Data collected must be compatible with the City of Miami Public Works Department. Quality Assurance A. Acceptance of pipeline cleaning shall be made upon the successful completion of the television inspection and shall be to the satisfaction of the Engineer. If televising shows cleaning to be unsatisfactory, the Successful Bidder shall be required to re -clean and re -inspect the pipeline until the cleaning is shown satisfactory. B. In areas where televising is not performed, the City Engineer may require the Successful Bidder to pull a double squeegee pig (with each pig the same diameter as the pipeline) through each manhole section as evidence of adequate cleaning. Submittals Submit to the City Engineer a work schedule indicating when pipelines will be cleaned and what work on those particular liens will be performed immediately after cleaning of the lines. Product Handling All chemicals to be used in the cleaning of the pipelines shall be securely stored to insure that there is no leakage of chemicals. 3.3. PIPE AND CITYWIDE STORM SEWER CLEANING - EXECUTION Cleaning Precautions A. The Successful Bidder shall take satisfactory precautions during the cleaning operation when cleaning Page 39 of 46 Invitation for Bid (IFB) 827381,2 equipment is used to avoid damage to the pipes, manholes and inlet structures, outfalls and to other public and private property. B. When hydraulically propelled cleaning tools or tools which retard the flow in the pipeline are used, precautions shall be taken to insure that the water pressure created does not damage or cause flooding of public or private property. C. Whenever possible the normal flow in the pipeline shall be utilized to provide the necessary pressure for hydraulic cleaning devices. D. When additional water from the fire hydrants is necessary, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Connections to the hydrants shall be equipped with a portable meter and backflow preventer obtained at the Miami -Dade Water and Sewer Department. E. Successful Bidder its responsible for obtaining his own water, portable meter and backflow preventer. pipeline Cleaning A. Selection of equipment and methods shall be based on the conditions for the lines at the time the work commences. The City Engineer shall have the right to reject the proposed method used if he/she feels the method, or equipment, will not produce satisfactory results, or will damage the pipelines. B. The Successful Bidder shall provide for the pumping down of any surcharged manhole section and provide all by-pass pumping, if required, during the preparatory cleaning and/or repair operation. C. Cleaning immediately prior to internal inspection or repairs is recommended to preclude the build-up of debris from infiltration/inflow sources and upstream manhole sections. Should the televising reveal that the pipeline is not clean: the cleaning operations shall be repeated. This additional cleaning shall be done at the expense of the Successful Bidder at no additional cost to the City. D. Cleaning shall include the trapping and removal of all sediments and residual wastes from successive manholes as the cleaning progresses. When hydraulic cleaning equipment is used, a suitable weir or dam shall be installed in the downstream manhole in such manner that the solids and water are trapped. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells or damage to pumping equipment, shall not be permitted. E. Removal of debris from the pipeline to be cleaned shall be conducted in such a manner that no residue will be left on the adjacent ground or street surfaces. Transporting of debris to the disposal site shall be accomplished using vehicles, which do not discharge any debris en route. All material removed during cleaning operations shall be disposed of at an approved site. The Successful Bidder shall provide to the City Engineer a receipt of delivery to the disposal site for each load of debris removed from the work area. All material shall be removed from the site no less often than at the end of each workday. Under NO circumstances will the Successful Bidder be allowed to accumulate debris, etc. on the site of work beyond the stated time. Debris cleaned from the lines shall be removed Page 40 of 46 Invitation for Bid (IFB) 827381,2 from the lowest outlet. F. For each location where cleaning is performed, a cleaning report shall be completed which shall contain the following information: 1. Location, size, material and condition of the reach; 2. Length of pipeline cleaned; 3. Estimated amount and types of debris and sediment removed; 4. Indicate of grease build-up, root growth, etc.: 5. Method(s) and equipment employed, and man-hours required for cleaning; and 6. Duration of time expired between cleaning of pipelines and performance of internal inspection. 7. Take before and after photos after cleaning each structure. G. If cleaning of an entire section cannot be successfully performed from one (1) manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed, or the equipment fails to traverse the entire manhole section, it will be assumed that a line blockage exists and the City Engineer must be notified immediately. Notification shall indicate extent cleaned and approximate distance to the blockage. Root Removal A. Roots shall be removed in the pipelines where root intrusion is a problem. Special attention should be used during the cleaning operations to assure almost complete removal of roots from joints. B. Any roots, which could prevent the seating of a packer or could prevent the proper application of chemical sealants, shall be removed. C. Methods used for removal may include, the use of mechanical equipment such as rodding machines, bucket machines and winches using root cutters and porcupines, and high -velocity jet cleaners, D. Chemical root treatment through the uses of an approved herbicide may be used at the option of the Successful Bidder. The application of the herbicide to the roots shall be done in strict accordance with the manufacturer's recommendations and specifications in such a manner as to preclude damage to surrounding vegetation. Any damaged vegetation so designated by the City Engineer shall be replaced by the Successful Bidder at no additional cost to the City. All safety precautions, as recommended by the manufacturer, shall be adhered to concerning handling and application of the herbicide. Power and Fees A. The Successful Bidder shall furnish all electrical, diesel or hydraulic power required for his cleaning operations. B. The Successful Bidder shall pay for the water needed to clean the storm sewer system. Contact Miami -Dade Water and Sewer for renting a floatable meter. C. The Successful Bidder is responsible for hauling the debris to the nearest Miami -Dade Trash Collection Facility. Page 41 of 46 Invitation for Bid (IFB) 827381,2 D. The Successful Bidder is responsible for paying the dumping fee for disposal of the debris removed from the city's storm sewer system at the Miami -Dade Trash Collection Facility. E. The Successful Bidder is responsible for testing the material/debris prior to dumping it at the Miami -Dade County Trash Collection Facility. A copy of each of the dumping fee tickets must be provided with each of the monthly invoices. Drainage System Cleaning and Inspection Description: The work specified in this section consists of the mechanical removal of materials such as but not limited to sand, soil, silt, leaves, Styrofoam, paper, glass, plastic bottles, cans, tire pieces, wood pieces, rocks, gravel, tree branches, and other such materials from the Department's drainage systems with truck mounted sewer vacuum units. The work also consists of the recording of inspections of the drainage systems with vehicles equipped with video/audio capabilities. Hand labor may be required in areas inaccessible to mechanical equipment to perform the specified work. The Department's drainage system is composed of inlets, manholes, junction boxes, French drains, and cress, side and lateral drain pipes, piped outfall structures and other drainage structures. The work also requires to update the City's GIS layer for each of the structures and storm sewer system cleaned by the Successful Bidder. Drainage System Cleaning The City Engineer reserves the right to assign the work on an as needed basis. All the cleaning work shall be issued through Work Orders. Routine Cleaning A. Routine cleaning work shall consist of work scheduled monthly by the Engineer to maintain the existing level of performance of the drainage system and to extend the systems service life. B. The mechanical storm drainage cleaning operating shall be done in such manner so not to damage the drainage structures, inlet grates, manhole covers, pipes, pipe joints, or the surrounding areas. C. The Successful Bidder shall temporarily remove the drainage structure grate or cover if necessary and remove, by mechanical means, all materials that obstruct either the structure opening, interior structure pipe openings or pipes. D. The Successful Bidder shall temporarily plug (balloon) structure pipes if necessary to accomplish the cleaning work. E. When water is present in the drainage structure, the Successful Bidder shall remove or dewater the structure and proceed with cleaning. F. When water is present outside the structure to be cleaned and in its surroundings, the Successful Bidder shall use Page 42 of 46 Invitation for Bid (IFB) 827381,2 a hydraulic pump (s) to remove the excess water. Non -Routine Cleaning A. Non -Routine cleaning work shall consist of work that must begin immediately to restore access to roadways and walkways for vehicular and pedestrian traffic, B. The Successful Bidder shall respond to a Non -Routine work assignment within four (4) hours of notification from the City Engineer. Material Disposal Ali material removed during the cleaning work shall be disposed by the Successful Bidder in a Class I Sanitary Landfill in accordance with all County, State, and Federal Rules and Regulations. With each submittal the Successful Bidder shall provide the landfill receipts where the Successful Bidder disposed all of the materials. Copies of the landfill receipts will be given to the City Engineer at the time of invoice to log the amount of debris removed from the City's storm sewer system. The cost of the ticket will be the responsibility of the Successful Bidder. This cost shall be included in the bid proposal items and no additional compensation will be allowed. Drainage Structure Location Log The Successful Bidder shall prepare a log that contains a listing of all the drainage structures and associated pipes cleaned, the types of debris removed and the location of the drainage structures to the nearest street intersection. The log shall be submitted to the City Engineer within a week of completing the work. Drainage System Video Camera Inspection The City Engineer reserves the right to assign the work on an as needed basis. All the inspection work shall be issued through Work Orders. A, Video Camera Inspection: The Successful Bidder shall temporarily plug (balloon) structure pipes if necessary to accomplish the Video Camera Inspection work. In areas where the surroundings of the drainage structures to be video camera inspected are under water, the Successful Bidder shall use a hydraulic pump(s) to remove the excess water. B. The video inspection shall include a narrative stating the location of the structure to the nearest street intersection and explanation of deficiencies such as joint Teaks, cracked pipes, failed patches of pick-up holes, or stained pipe. The location of the deficiencies in the pipes shall be noted in linear foot (to the nearest 0.001 ft), measured from the interior wall of the structure to the deficiency. C. The video shall provide camera close up views of the entire pipe walls, leaks, pick up holes and joints through the panning and revolution capability of the camera head. D. The camera operator shall video record the entire perimeter of joints to record any deficiencies. All deficiencies shall be recorded in a clear and visible manner so that when the tape is viewed by Department personnel, the Page 43 of 46 Invitation for Bid (IFB) 827381,2 deficiencies are clear and visible and proper analysis can be made to correct the system deficiencies. E. The video tape shall be submitted to the Department with the written reports. Video Inspections Written Reports The Successful Bidder shall prepare a written report listing the location and all the deficiencies found in the drainage structure and pipes inspected. The report shall also note the locations of the deficiencies, measured in linear foot (to the nearest 0.001 ft) from the interior of the wall structure to the deficiencies. This report shall be submitted to the Department within one (1) week of the performed inspection. Ouality The City Engineer shall consider the drainage structure cleaning work completed and accepted when the structure is 100% free of all materials mentioned above. The City Engineer shall consider the pipe cleaning work completed and accepted when the full cross-section of all structure pipes are one hundred percent (100%) free of all materials mentioned above. Structures or pipes determined unsatisfactory by the City Engineer shall be re -cleaned to the satisfaction of the City Engineer within the time specified, at no additional cost to the City. The only substance that may be removed and placed back into the drainage structure and pipes is the standing water removed during the dewatering process as long as the standing water is under 29 N.T.U. Work Hours The cleaning operation of the drainage system shall be performed Monday through Friday between the hours of 9:30 a.m. and 3:30 p.m. Weekend work may be permitted by the City. The City reserves the right to change the Successful Bidder's work hours at its discretion if it determines that established work hours are causing traffic congestions. Equipment The Successful Bidder shall furnish equipment of a type and quantity to perform the work satisfactorily within the time specified. The truck mounted vacuum used to perform the work described in this section shall be as a minimum to be equipped with a telescopic boom and vacuum tube and a two (2) stage vacuum compressor and have a storage capacity of at least five (5) cubic yards. Equivalent equipment may be substituted at the discretion of the City Engineer. The Successful Bidder shall at times provide Truck Mounted Attenuators rated for sixty (60) mph design speeds with the drainage system cleaning operation and when necessary with the video camera inspection. The Truck Mounted Attenuator shall be equipped with a high sensitivity color camera and a Compact Disc (CD) or other high quality recorder. The camera lens shall be capable of panning three hundred sixty (360) degrees. Maintenance of traffic shall be in accordance with Public Works Standards. All the storm sewer drainage system cleaning work shall be accomplish with the truck vacuum unit facing in the same direction as the traffic. All lane closures shall have the prior approval of the City Engineer. The foregoing requirements are to be considered as minimum and the Successful Bidder's compliance shall in no way relieve the Successful Bidder of final responsibility for providing adequate traffic control devices for the protection of the public and employees Page 44 of 46 Invitation for Bid (IFB) 827381,2 throughout the work areas. Cleaning of Manholes and Inlets A. Cleaning of manholes and inlets shall be accomplished by the use of a jet/vacuuming system or pumping system capable of removing water and debris into a collection bin. The water and debris collected shall be removed and disposed of in areas provided by the Successful Bidder in accordance with federal. state, and local laws and regulations. B. The contract unit price for cleaning manholes and inlets shall include all labor, equipment, materials and incidentals necessary for cleaning manholes and inlets, temporary removal of grates and covers, any temporary pipe plugs necessary to complete the work, and disposal of all water and debris removed. Desilting Pipes. Outfalls and Box Culvert A. There is NO box culvert cleaning included in this contract. The Successful Bidder shall: B. Perform desilting that consist of removal and disposal of silt, debris, vegetation, soil, rock or any type of blockage inside a pipe, outfall to provide maximum drainage capacity. The quantities for payment to desilt a pipe will be the length in linear feet of pipe desilted and accepted. C. Meet the requirements of Federal, State and Local environmental standards and laws when performing all activities. D. Meet the requirements of Public Works Bulletin 25 and 26. E. When water is present, de -water the pipe or outfall to facilitate cleaning and inspection. Access to the pipe or outfall may require temporary removal of fence, signs, guardrail, grates or manhole covers. F. Replace according to City standards at the completion of the desilting operation or each day, as appropriate for safety. G. Align infall and outfall ditches fifty feet (50') from the pipe or box culvert to meet the existing line and grade. If the right-of-way line is less than fifty feet (50') from the pipe or box culvert, align infall and outfall ditches to the right of way line. H. Identify and report to the City Engineer necessary repairs to the pipes or box culverts exposed during the desilting operation. I. Dispose of all silt and debris removed in the desilting operations in areas meeting Federal, State and Local rules and regulations. Page 45 of 46 Invitation for Bid (IFB) 827381.2 J. Repair or replace damage to turf, pavement signs or structures, etc, caused by the Successful Bidder to the satisfaction of the City Engineer at no additional cost to the City. Complete repairs prior to submission of the invoice for work accomplished. Grade and sod if any disturbed areas caused by the desilting operation shall be replaced by the Successful Bidder at no additional cost to the City. A permit is required for this repair work. K. Maintain de -watering after completion of the desilting operations to allow for inspection. L. Re -cleaned structures determined to be unacceptable by the City Engineer within the time specified at no additional cost to the City. M. The quantities for payment to desilt a pipe will be the length in linear feet of pipe desilted and accepted. GIS Data Collection The Successful. Bidder shall submit the GIS data in coordinates that are readable and compatible with the Public Works Department. Basis of Payment A. Price and payment will be full compensation for furnishing all equipment, tools, labor, disposal of silt and debris, de -watering, erosion and water pollution control, clean up and all incidentals necessary for the satisfactory performance of the work. B. Payment will be made under the items specified in the Bid Price Proposal. C. A copy of the dumping fee ticket issued by Miami -Dade County Transfer Facility must be provided with each monthly invoice in order for the City to collect amount of tonnage disposed. Page 46 of 46