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CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V City Manager tio-kssa, Ultra, FROM: Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DATE: November 16, 2023 SUBJECT: Recommendation of Award for Canal Cleaning Services REFERENCES: IFB No. 1704386 ENCLOSURES: Bid Tabulations RECOMMENDATION: Based on the findings below, the Procurement Department ("Procurement") hereby recommends the award of Invitation for Bid ("IFB") No. 1704386 to Texas Aquatic Harvesting, Inc. ("TAH") and Aquatic Control Group, Inc. ("ACG"), to provide canal cleaning services for the Department of Resilience and Public Works ("RPW") on an as needed basis. The awarded vendor and contract terms are shown below. Contract Number/Title: IFB No. 1704386, Canal Cleaning Services Contract Amount: Group 1, Federally Funded Projects Approximately $719,100.00 for ACG; Group 2, Non -Federally Funded Projects Approximately $828,717.00 for TAH and $712,500.00 for ACG. Contract Term: Initial term of three (3) years, with the option to renew for two (2) additional two (2) year periods. Recommended Vendors: Texas Aquatic Harvesting, Inc. and Aquatic Control Group, Inc. BACKGROUND: On June 22, 2023, Procurement issued IFB No. 1704386 for the provision of canal cleaning services, under full and open competition. On July 14, 2023, at bid closing two (2) bids were received. The bids were evaluated following the guidelines published in the bid. All bids were found to be responsive and responsible. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. by Approved: ^b"t3" Arthur Noriega V City Manager AP:tg c: Zerry Ihekwaba, PhD, PE, Deputy City Manager/Chief of Infrastructure Larry Spring, CPA, Chief Financial Officer/Assistant City Manager Juvenal Santana, P.E., Director, RPW Yadissa A. Calderon, CPPB, Assistant Director, Procurement Date: November 16, 2023 1 11:05:50 if/) c c- up c‘oriiii/ul Ste; ITHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. IFB 1704386 Canal Cleaning Services Attachment E - Classification 1 - Federally Funded Projects Price Sheet ITEM # DESCRIPTION QTY UNIT Aquatic Control Grorup UNIT PRICE TOTAL ITEM COST Texas Aquatic Harvesting UNIT PRICE TOTAL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,300.00 $27,600.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,800.00 $33,600.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $1,000.00 $4,000.00 $1,800.00 $7,200.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $2,500.00 $15,000.00 $2,812.00 $16,872.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,500.00 $5,000.00 7 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $2,300.00 $27,600.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $1,100.00 $13,200.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $1,000.00 $4,000.00 $1,100.00 $4,400.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $1,000.00 $6,000.00 $1,537.00 $9,222.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,500.00 $5,000.00 13 Seybold Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $2,050.00 $24,600.00 14 Seybold Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $750.00 $3,000.00 15 Seybold Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 16 Comfort Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 $5,000.00 $60,000.00 17 Comfort Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 $6,000.00 $72,000.00 18 Comfort Canal- spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $4,000.00 $16,000.00 $4,350.00 $17,400.00 19 Comfort Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 EACH $4,500.00 $27,000.00 $5,600.00 $33,600.00 20 Comfort Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $3,000.00 $6,000.00 21 Comfort Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 22 Ademar Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $1,000.00 $16,000.00 $1,500.00 $24,000.00 23 Ademar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $500.00 $2,000.00 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $500.00 $8,000.00 $750.00 $12,000.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 $100.00 $400.00 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $375.00 $4,500.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $200.00 $2,400.00 $50.00 $600.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $600.00 $7,200.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250.00 $3,000.00 $50.00 $600.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $550.00 $6,600.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $250.00 $1,000.00 $400.00 $1,600.00 Bayfront of Rickenbacker Causeway - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and debris in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,050.00 $24,600.00 42 Lawrence Waterway and Swell Canal - mowing and trimming all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $1,000.00 $12,000.00 $1,500.00 $18,000.00 43 Lawrence Waterway and Swell Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $1,000.00 $2,000.00 $1,300.00 $2,600.00 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Lawrence Waterway and Swell Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 Lawrence Waterway and Swell Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 46 Lawrence Waterway, Seawall Portion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,000.00 $1,000.00 $1,600.00 $1,600.00 47 Lawrence Waterway, Seawall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a one coat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -deep galvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is broken or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,000.00 $4,000.00 S4.100.00 $4,100.00 Waterfront of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250.00 $3,000.00 $250.00 $3,000.00 49 Waterfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $250.00 $1,000.00 $200.00 $800.00 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY $250.00 $1,000.00 $202.00 $808.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $250.00 $500.00 $150.00 $300.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $6,000.00 $12,000.00 $8,000.00 $16,000.00 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the r54 ight of way and surface waters 12 MONTHLY $750.00 $9,000.00 $650.00 $7,800.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $1,750.00 $7,000.00 Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $450.00 $5,400.00 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within58 the canal right of way and surface waters 4 QUARTERLY $250.00 $1,000.00 $50.00 $200.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $1,000.00 $12,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $1,000.00 $4,000.00 $650.00 $2,600.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 3 ITHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $1,000.00 $12,000.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,000.00 $4,000.00 $650.00 $2,600.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 66 Waterfront of Legion Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $500.00 $6,000.00 67 Waterfront of Legion Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $500.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 73 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,300.00 $27,600.00 74 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $2,000.00 $8,000.00 $2,254.00 $9,016.00 75 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 76 Waterfront of Fern Isle Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $1,900.00 $22,800.00 77 Waterfront of Fern Isle Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,500.00 $6,000.00 $1,862.00 $7,448.00 78 Waterfront of Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,000.00 $2,000.00 $750.00 $1,500.00 79 Installation of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City Engineer. 1 EACH $400.00 $400.00 $1,700.00 $1,700.00 80 Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $400.00 $400.00 $400.00 $400.00 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $400.00 $400.00 $600.00 $600.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $400.00 $400.00 $1.00 $1.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $500.00 $500.00 $400.00 $400.00 84 Furnishing all labor, material and equipment for the corplete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $600.00 $600.00 $700.00 $700.00 85 Fumishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $900.00 $900.00 $800.00 $800.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $1,200.00 $1,200.00 $1,000.00 $1,000.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 EACH $1,300.00 $1,300.00 $362.50 $362.50 88 Shade Tree and Stump Removal 15'-40' overall height 1 EACH $1,400.00 $1,400.00 $387.50 $387.50 89 Shade Tree and Stump Removal41'-60+' overall height 1 EACH $1,500.00 $1,500.00 $387.50 $387.50 90 Palm Tree and Stump Removal 0'-15' overall height 1 EACH $1,300.00 $1,300.00 $362.50 $362.50 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $1,400.00 $1,400.00 $387.50 $387.50 92 Palm Tree and Stump Removal41'-60+' overall height 1 EACH $1,500.00 $1,500.00 $387.50 $387.50 93 Shade Tree Pruning 0'-15' overall height 1 EACH $400.00 $400.00 $362.50 $362.50 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $500.00 $500.00 $387.50 $387.50 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 $387.50 $387.50 96 Palm Tree Pruning 0'-15' overall height 1 EACH $400.00 $400.00 $362.50 $362.50 97 Palm Tree Pruning 16'-40' overall height 1 EACH $500.00 $500.00 $387.00 $387.00 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 $387.50 $387.50 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 $100,000.00 TOTAL: $719,100.00 $828,716.50 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. IFB 1704386 Canal Cleaning Services Attachment F - Classification 2 - Non -Federally Funded Projects Price Sheet ITEM # DESCRIPTION QTY UNIT Aquatic Control Group UNIT PRICE TOTAL ITEM COST Texas Aquatic Harvesting UNIT PRICE TOTAL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,300.00 $27,600.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,800.00 $33,600.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $1,000.00 $4,000.00 $1,800.00 $7,200.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $2,500.00 $15,000.00 $2,812.00 $16,872.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,500.00 $5,000.00 7 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $2,300.00 $27,600.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $1,100.00 $13,200.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $1,000.00 $4,000.00 $1,100.00 $4,400.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $1,000.00 $6,000.00 $1,537.00 $9,222.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,500.00 $5,000.00 13 Seybold Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $2,050.00 $24,600.00 14 Seybold Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $750.00 $3,000.00 15 Seybold Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 16 Comfort Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 $5,000.00 $60,000.00 17 Comfort Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 $6,000.00 $72,000.00 18 Comfort Canal- spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $4,000.00 $16,000.00 $4,350.00 $17,400.00 19 Comfort Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 EACH $4,500.00 $27,000.00 $5,600.00 $33,600.00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 20 Comfort Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $3,000.00 $6,000.00 21 Comfort Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 22 Ademar Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $1,000.00 $16,000.00 $1,500.00 $24,000.00 23 Ademar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 $500.00 $2,000.00 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $500.00 $8,000.00 $750.00 $12,000.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 $100.00 $400.00 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $375.00 $4,500.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $200.00 $2,400.00 $50.00 $600.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $600.00 $7,200.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250.00 $3,000.00 $50.00 $600.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $550.00 $6,600.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $250.00 $1,000.00 $400.00 $1,600.00 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Bayfront of Rickenbacker Causeway - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and debris in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,050.00 $24,600.00 42 Lawrence Waterway and Swell Canal - mowing and trimming all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $1,000.00 $12,000.00 $1,500.00 $18,000.00 Lawrence Waterway and Swell Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $1,000.00 $2,000.00 $1,300.00 $2,600.00 Lawrence Waterway and Swell Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 45 Lawrence Waterway and Swell Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 Lawrence Waterway, Seawall Portion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,000.00 $1,000.00 $1,600.00 $1,600.00 47 Lawrence Waterway, Seawall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a one coat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -deep galvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is broken or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,000.00 $4,000.00 $4,100.00 $4,100.00 Waterfront of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250.00 $3,000.00 $250.00 $3,000.00 49 Waterfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $250.00 $1,000.00 $200.00 $800.00 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY $250.00 $1,000.00 $202.00 $808.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $250.00 $500.00 $150.00 $300.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $6,000.00 $12,000.00 $8,000.00 $16,000.00 54 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $650.00 $7,800.00 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $1,750.00 $7,000.00 Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $450.00 $5,400.00 58 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $250.00 $1,000.00 $50.00 $200.00 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $1,000.00 $12,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,000.00 $4,000.00 $650.00 $2,600.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $1,000.00 $12,000.00 Waterfront of Morningside Park- mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,000.00 $4,000.00 $650.00 $2,600.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 66 Waterfront of Legion Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $500.00 $6,000.00 67 Waterfront of Legion Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 $500.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 73 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,300.00 $27,600.00 74 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $2,000.00 $8,000.00 $2,254.00 $9,016.00 75 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 76 Waterfront of Fern Isle Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 $1,900.00 $22,800.00 77 Waterfront of Fern Isle Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,500.00 $6,000.00 $1,862.00 $7,448.00 78 Waterfront of Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,000.00 $2,000.00 $750.00 $1,500.00 79 Installation of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City Engineer. 1 EACH $400.00 $400.00 $1,700.00 $1,700.00 80 Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $400.00 $400.00 $400.00 $400.00 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $400.00 $400.00 $600.00 $600.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $400.00 $400.00 $1.00 $1.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $300.00 $300.00 $400.00 $400.00 84 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $600.00 $600.00 $700.00 $700.00 85 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $900.00 $900.00 $800.00 $800.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $1,200.00 $1,200.00 $1,000.00 $1,000.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 88 Shade Tree and Stump Removal 15'-40' overall height 1 EACH $400.00 $400.00 $387.50 $387.50 89 Shade Tree and Stump Removal 41'-60+' overall height 1 EACH $500.00 $500.00 $387.50 $387.50 90 Palm Tree and Stump Removal 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $400.00 $400.00 $387.50 $387.50 92 Palm Tree and Stump Removal 41'-60+' overall height 1 EACH $500.00 $500.00 $387.50 $387.50 93 Shade Tree Pruning 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $500.00 $500.00 $387.50 $387.50 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 $387.50 $387.50 96 Palm Tree Pruning 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 97 Palm Tree Pruning 16'-40' overall height 1 EACH $400.00 $400.00 $387.50 $387.50 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $500.00 $500.00 $387.50 $387.50 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 $100,000.00 TOTAL $ 712,500.00 $ 828,717.00 4 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM SUBSTITUTED TO: Arthur Noriega V DATE: October 16, 2023 City Manager FROM: A nie" 'erez, CPPO Director/Chief Procurement Officer Department of Procurement RECOMMENDATION: SUBJECT: Recommendation of Award Canal Cleaning Services REFERENCES: IFB No. 1704386 ENCLOSURES: Bid Tabulatio Based on the findings below, the Procurement Department ("Procurement") her •y recommends the award of Invitation for Bid ("IFB") No. 1704386 to Texas Aquatic Harvesting, I► . ("TAH") and Aquatic Control Group, Inc. ("ACG"), to provide canal cleaning services for the Depment of Resilience and Public Works ("RPW") on an as needed basis. The awarded vendors an contract terms are shown below. Contract Number/Title: Contract Amount: Contract Term: IFB No. 1704386, Canal Cleaning S ices Group 1, Federally Funded Pr• -cts Approximately $828,716.50 for TAH and $719,100.00 for if G; Group 2, Non -Federally Funded Projects Approximately $8 •,717.00 for TAH and $712,500.00 for ACG. Initial term of three years, with the option to renew for two (2) additional two (2) y==r periods. Recommended Vendors: Texas Aquatic BACKGROUND: On June 22, 2023, Procurement issued under full and open competition. On J were evaluated following the guideli s responsible. rvesting, Inc. and Aquatic Control Group, Inc. No. 1704386 for the provision of canal cleaning services, 14, 2023, at bid closing two (2) bids were received. The bids published in the bid. All bids were found to be responsive and Consequently, approval of th recommendation to award is requested. Your signature below will indicate approval of this rec• mendation. Approved: AP:tg 0000sqoea ey: g1461 Pb Arthur City riega V nager c: Zer hekwaba, PhD, PE, Deputy City Manager/Chief of Infrastructure L- Spring, CPA, Chief Financial Officer/Assistant City Manager venal Santana, P.E., Director, RPW adissa A. Calderon, CPPB, Assistant Director, Procurement Date: October 26, 2023 1 09:38:00 E I SUBSTITUTED I ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 IFB 1704386 Canal Cleaning Services Attachment E - Classification 1 - Federally Funded Projects Price Sheet DESCRIPTION Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method Wagner Creek South Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) Wagner Creek South Canal - the removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) Seybold Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters Seybold Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters Seybold Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) Comfort Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters Comfort Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters Comfort Canal- spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method Comfort Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal Comfort Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) Comfort Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, et Ademar Canal - collecting litter, trash and debris in the banks and upland areas within the canal right - way and surface waters Ademar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas n the canal right of way and surface waters 1 QTY 12 12 4 6 2 2 12 12 4 6 2 2 12 4 2 12 12 4 2 2 16 4 UNIT MONTHLY MONTHLY QUARTERLY BI-MONTHLY SEMI- ANNUALLY SEMI- ANNUALLY MONTHLY MONTHLY QUARTERLY BI-MONTHLY SEMI- ANNUALLY SEMI- ANNUALLY MONTHLY QUARTERLY SEMI- ANNUA MO LY NTHLY QUARTERLY EACH SEMI- ANNUALLY SEMI- ANNUALLY EACH QUARTERLY Aquatic Control Grorup UNIT PRICE $2,000.00 $2,000.00 $1,000.00 $2,500.00 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $2,000.00 $2,00r r0 $ 00.00 $500.00 $2,000.00 $4,500.00 $4,500.00 $4,000.00 $4,500.00 $2,000.00 $2,000.00 $1,000.00 $500.00 TOTAL ITEM COST $24,000.00 $24,000.00 $4,000.00 $15,000.00 $4,000.00 $4,000.00 $18,000.00 $18,00, .0 $. 00.00 $6,000.00 $4,000.00 $4,000.00 $18,000.00 $2,000.00 $4,000.00 $54,000.00 $54,000.00 $16,000.00 $27,000.00 $4,000.00 $4,000.00 $16,000.00 $2,000.00 Texas Aquatic Harvesting UNIT PRICE $2,300.00 $2,800.00 $1,800.00 $2,810 $ 50.00 $2,500.00 $2,300.00 $1,100.00 $1,100.00 $1,537.00 $2,750.00 $2,500.00 $2,050.00 $750.00 $2,750.00 $5,000.00 $6,000.00 $4,350.00 $5,600.00 $3,000.00 $2,750.00 $1,500.00 $500.00 TOTAL ITEM COST $27,6r .00 $ ,600.00 $7,200.00 $16,872.00 $5,500.00 $5,000.00 $27,600.00 $13,200.00 $4,400.00 $9,222.00 $5,500.00 $5,000.00 $24,600.00 $3,000.00 $5,500.00 $60,000.00 $72,000.00 $17,400.00 $33,600.00 $6,000.00 $5,500.00 $24,000.00 $2,000.00 SUBSTITUTED 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $500.00 $8,000.00 $750.00 $12,000.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 $100.00 $400.Or 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3, 4.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 ,500.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $375.00 $4,500.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $200.00 $2,400.00 $Si .0 $600.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 ,750.00 $3,500.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,OOO.O8 $600.00 $7,200.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250.00 $3 OS .00 $50.00 $600.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 ,000.00 $1,750.00 $3,500.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $550.00 $6,600.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $25' 10 $1,000.00 $400.00 $1,600.00 Bayfront of Rickenbacker Causeway - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY ,000.00 $4,000.00 $1,750.00 $3,500.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and debris in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,050.00 $24,600.00 42 Lawrence Waterway and Swell Canal - mowing and trimming all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTH $1,000.00 $12,000.00 $1,500.00 $18,000.00 43 Lawrence Waterway and Swell Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 S - AN. 4ALLY $1,000.00 $2,000.00 $1,300.00 $2,600.00 2 SUBSTITUTED Lawrence Waterwayand Swell Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 • $3,000.00 $1,750.00 $3,500.00 Lawrence Waterway and Swell Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 46 Lawrence Waterway, Seawall Portion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,000.00 $1,000.00 $1,600.00 $1,600.00 47 Lawrence Waterway, Seawall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a one coat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -deep galvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is broken or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,000.00 $4,000.00 S4.100.00 $4,10r ,0 Waterfront of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250.00 $3,000.00 $250.003,000.00 49 Waterfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $250.00 $1,000.00 $200.Or $800.00 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY $250.00 $1,000.00 $2 r .00 $808.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 .' ,750.00 $3,500.00 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $250.00 $500.00 $150.00 $300.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $6,000.00 $12,000 • $8,000.00 $16,000.00 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the r54 ight of way and surface waters 12 MONTHLY $750.00 $' - r0.00 $650.00 $7,800.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $1,750.00 $7,000.00 Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500 $6,000.00 $450.00 $5,400.00 Waterfront of Pallot Park- mowing and trimming all overgrown vegetation in the banks and upland areas within58 the canal right of way and surface waters 4 QUARTERLY 0.00 $1,000.00 $50.00 $200.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHL $750.00 $9,000.00 $1,000.00 $12,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUAR 'LY $1,000.00 $4,000.00 $650.00 $2,600.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 " MI- NUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 3 SUBSTITUTED 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $1,000.00 $12,000.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,000.00 $4,000.00 $650.00 $2,600.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,5O1 ,0 66 Waterfront of Legion Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $500.00 $• 00.00 67 Waterfront of Legion Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 $500.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750 ' $3,500.00 73 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2 $0.00 $27,600.00 74 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $2,000.00 $8,000.00 $2,254.00 $9,016.00 75 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 76 Waterfront of Fern Isle Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,00, 10 $1,900.00 $22,800.00 77 Waterfront of Fern Isle Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,500.00 $• • 00.00 $1,862.00 $7,448.00 78 Waterfront of Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,000.00 '2,000.00 $750.00 $1,500.00 79 Installation of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City Engineer. 1 EACH $400.00 $400.00 $1,700.00 $1,700.00 80 Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $400 ' . $400.00 $400.00 $400.00 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON 0.00 $400.00 $600.00 $600.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON ' 00.00 $400.00 $1.00 $1.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $500.00 $500.00 $400.00 $400.00 84 Furnishing all labor, material and equipment for the corplete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 E • $ ' $600.00 $600.00 $700.00 $700.00 85 Fumishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $900.00 $900.00 $800.00 $800.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals EACH $1,200.00 $1,200.00 $1,000.00 $1,000.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 EACH $1,300.00 $1,300.00 $362.50 $362.50 88 Shade Tree and Stump Removal 15'-40' overall height 1 EACH $1,400.00 $1,400.00 $387.50 $387.50 89 Shade Tree and Stump Removal41'-60+' overall height 1 EACH $1,500.00 $1,500.00 $387.50 $387.50 90 Palm Tree and Stump Removal 0'-15' overall height 1 EACH $1,300.00 $1,300.00 $362.50 $362.50 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $1,400.00 $1,400.00 $387.50 $387.50 92 Palm Tree and Stump Removal41'-60+' overall height 1 EACH $1,500.00 $1,500.00 $387.50 $387.50 93 Shade Tree Pruning 0'-15' overall height 1 EACH $400.00 $400.00 $362.50 $362.50 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $500.00 $500.00 $387.50 $387.50 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 $387.50 $387.50 96 Palm Tree Pruning 0'-15' overall height 1 EACH $400.00 $400.00 $362.50 $362.50 97 Palm Tree Pruning 16'-40' overall height 1 EACH $500.00 $500.00 $387.00 $387.00 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 $387.50 $387.50 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 $100,000.00 TOTAL: $719,100.00 $828,716.50 4 IFB 1704386 Canal Cleaning Services I SUBSTITUTED Attachment F - Classification 2 - Non -Federally Funded Projects Price Sheet ITEM # DESCRIPTION QTY UNIT Aquatic Control Group UNIT PRICE TOTAL ITEM COST Texas Aquatic Harves g UNIT PRICE TOT ITEM SST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,300.00 27,600.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,800.0 $33,600.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $1,000.00 $4,000.00 $1,8r,.00 $7,200.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $2,500.00 $15,000.00 ,812.00 $16,872.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,500.00 $5,000.00 7 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,00t 0 $2,300.00 $27,600.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $1: 00.00 $1,100.00 $13,200.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $1,000.00 4,000.00 $1,100.00 $4,400.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $1,000.00 $6,000.00 $1,537.00 $9,222.00 11 12 13 14 15 16 17 18 19 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) Wagner Creek South Canal - the removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) Seybold Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters Seybold Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters Seybold Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) Comfort Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters Comfort Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters Comfort Canal- spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method Comfort Canal - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 2 2 12 4 2 12 12 4 6 SEMI- ANNUALLY SEMI- ANNUALLY MONTHLY QUARTE SE AN LLY NTHLY MONTHLY QUARTERLY EACH $2,00. 10 $ 00.00 $1,500.00 $500.00 $2,000.00 $4,500.00 $4,500.00 $4,000.00 $4,500.00 $4,000.00 $4,000.00 $18,000.00 $2,000.00 $4,000.00 $54,000.00 $54,000.00 $16,000.00 $27,000.00 $2,750.00 $2,500.00 $2,050.00 $750.00 $2,750.00 $5,000.00 $6,000.00 $4,350.00 $5,600.00 $5,500.00 $5,000.00 $24,600.00 $3,000.00 $5,500.00 $60,000.00 $72,000.00 $17,400.00 $33,600.00 SUBSTITUTED 20 Comfort Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $3,000.00 $6,000.00 21 Comfort Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 22 Ademar Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $1,000.00 $16,000.00 $1,500.00 $24,000.00 23 Ademar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 $500.00 $2,000 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3 r0.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 5,500.00 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $500.00 $8,000.00 $750.00 $12,000.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 $108 .8 $400.00 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 50.00 $3,500.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $375.00 $4,500.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $200.00 $2,400 I $50.00 $600.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $- 80.00 $1,750.00 $3,500.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 '•4,000.00 $2,750.00 $5,500.00 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $600.00 $7,200.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250 i $3,000.00 $50.00 $600.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $ 00.00 $4,000.00 $1,750.00 $3,500.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTH $500.00 $6,000.00 $550.00 $6,600.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUA' RLY $250.00 $1,000.00 $400.00 $1,600.00 2 I SUBSTITUTED Bayfront of Rickenbacker Causeway - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and debris in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,050.00 $24,600.00 42 Lawrence Waterway and Swell Canal - mowing and trimming all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $1,000.00 $12,000.00 $1,500.00 $18,00' ,0 Lawrence Waterway and Swell Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $1,000.00 $2,000.00 $1,300.00 $ 60.00 Lawrence Waterway and Swell Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 3,500.00 45 Lawrence Waterway and Swell Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $2,750.00 $5,500.00 Lawrence Waterway, Seawall Portion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,000.00 $1,000.00 $1,60' 10 $1,600.00 47 Lawrence Waterway, Seawall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a one coat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -deep galvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is broken or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,000.00 $4,000.00 ',-,100.00 $4,100.00 Waterfront of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $250.00 $3,000.08 $250.00 $3,000.00 49 Waterfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $250.00 $1,08.' '0 $200.00 $800.00 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the50 canal with Sonar Herbicide, or approved equal 4 QUARTERLY $250.00 •. 00.00 $202.00 $808.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $250.00 $500.00 $150.00 $300.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH S6, 8 4.00 $12,000.00 $8,000.00 $16,000.00 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY '750.00 $9,000.00 $650.00 $7,800.00 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTER $500.00 $2,000.00 $1,750.00 $7,000.00 Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SE ANN LY $2,000.00 $4,000.00 $1,750.00 $3,500.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 THLY $500.00 $6,000.00 $450.00 $5,400.00 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the58 canal right of way and surface waters 4 UARTERLY $250.00 $1,000.00 $50.00 $200.00 3 I SUBSTITUTED I 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $1,000.00 $12,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,000.00 $4,000.00 $650.00 $2,600.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.1 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 $1,000.00 $12 0.00 Waterfront of Morningside Park- mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,000.00 $4,000.00 $650.00 ,600.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,500.00 $3,000.00 $1,750.00 $3,500.00 Waterfront of Legion Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 $500 ' $6,000.00 67 Waterfront of Legion Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $500.00 $2,000.00 ',' .0.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4,000.00 $1,750.00 $3,500.00 73 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 $2,300.00 $27,600.00 74 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $2,000.00 $8,000. . $2,254.00 $9,016.00 75 Waterfront of Miami River (along NW South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $2,000.00 $4, - 6.00 $1,750.00 $3,500.00 76 Waterfront of Fern Isle Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 8,000.00 $1,900.00 $22,800.00 77 Waterfront of Fern Isle Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters q QUARTERLY $1,500.00 $6,000.00 $1,862.00 $7,448.00 78 Waterfront of Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $1,000 $2,000.00 $750.00 $1,500.00 79 Installation of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City Engineer. 1 EACH $400.00 $1,700.00 $1,700.00 80 Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH '. 00.00 $400.00 $400.00 $400.00 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $400.00 $400.00 $600.00 $600.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $400.00 $400.00 $1.00 $1.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 E ' H $300.00 $300.00 $400.00 $400.00 84 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $600.00 $600.00 $700.00 $700.00 85 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of a of the canals 1 EACH $900.00 $900.00 $800.00 $800.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tr- , more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $1,200.00 $1,200.00 $1,000.00 $1,000.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 88 Shade Tree and Stump Removal 15'-40' overall height 1 EACH $400.00 $400.00 $387.50 $387.50 89 Shade Tree and Stump Removal 41'-60+' overall height 1 EACH $500.00 $500.00 $387.50 $387.50 90 Palm Tree and Stump Removal 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $400.00 $400.00 $387.50 $387.50 92 Palm Tree and Stump Removal 41'-60+' overall height 1 EACH $500.00 $500.00 $387.50 $387.50 93 Shade Tree Pruning 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $500.00 $500.00 $387.50 $387.50 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 $387.50 $387.50 96 Palm Tree Pruning 0'-15' overall height 1 EACH $300.00 $300.00 $362.50 $362.50 97 Palm Tree Pruning 16'-40' overall height 1 EACH $400.00 $400.00 $387.50 $387.50 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $500.00 $500.00 $387.50 $387.50 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 $100,000.00 TOTAL $ 712,500.00 $ 828,717.00 4 DIVISION OF CORPORATIONS tit SUBSTITUTED D1 vi u Dff r t f Yr C h Lr� �rI)'�}},�J w t �'�iai : ame of Iw i'yS�b ii Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation TEXAS AQUATIC HARVESTING, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 2 Seaboard Ave LAKE WALES, FL 33853 P03000130924 20-0399819 11/13/2003 FL ACTIVE NAME CHANGE AMENDMENT 12/23/2004 NONE Changed: 04/29/2014 Mailing Address POST OFFICE BOX 4034 LAKE WALES, FL 33859-4034 Registered Agent Name & Address SPIEGEL & UTRERA, P.A. 1840 SW 22ND ST. 4TH FLOOR MIAMI, FL 33145 Officer/Director Detail Name & Address Title PSTD VAUGHA , JAMES P 2Seab'.rdAve LAK ALES, FL 33853 nnual Reports Report Year Filed Date 2021 04/29/2021 2022 2023 04/29/2022 04/24/2023 SUBSTITUTED Document Images 04/24/2023 --ANNUAL REPORT 04/29/2022 --ANNUAL REPORT 04/29/2021 --ANNUAL REPORT 06/23/2020 --ANNUAL REPORT 04/30/2019 --ANNUAL REPORT 03/30/2018 --ANNUAL REPORT 02/21/2017 --ANNUAL REPORT 04/27/2016 --ANNUAL REPORT 03/21/2015 --ANNUAL REPORT 04/29/2014 --ANNUAL REPORT 04/29/2013 --ANNUAL REPORT 04/26/2012 --ANNUAL REPORT 03/17/2011 --ANNUAL REPORT 03/18/2010 --ANNUAL REPORT 04/01/2009 --ANNUAL REPORT 04/17/2008 --ANNUAL REPORT 02/27/2007 --ANNUAL REPORT 03/30/2006 --ANNUAL REPORT 04/21/2005 --ANNUAL REPORT 12/23/2004 -- Name Change 05/20/2004 --ANNUAL REPORT 11/13/2003 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations DIVISION OF CORPORATIONS I SUBSTITUTED Drr cd �III�r�.t31' PD f`CO!'f) an official awe of Florida web3rr: Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation AQUATIC CONTROL GROUP INC Filing Information Document Number P11000091534 FEI/EIN Number 82-1946936 Date Filed 10/19/2011 Effective Date 10/15/2011 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 07/07/2017 Principal Address 1501 NW 37 Street MIAMI, FL 33142 Changed: 04/18/2018 Mailing Address 8910 School House Road Coral Gables, FL 33156 Changed: 04/18/2018 Registered Agent Name & Addres Brooks, Mark 8910 Schoolhouse Road Miami, FL 33156 Name Changed: 02 , /2019 Address Chan d: 02/09/2019 Officer/Dire or Detail Name ddress Tit VP, Secretary, Treasurer, Director Salazar, Jorge Luis 3604 NW 7 Street Miami, FL 33125 Title President, Director Brooks, Mark 8910 School House Road Coral Gables, FL 33156 Annual Reports Report Year Filed Date 2021 01/27/2021 2022 01/25/2022 2023 02/04/2023 Document Images 02/04/2023 --ANNUAL REPORT 01/25/2022 --ANNUAL REPORT 01/27/2021 --ANNUAL REPORT 01/29/2020 --ANNUAL REPORT 02/09/2019 --ANNUAL REPORT 04/30/2018 --AMENDED ANNUAL REPORT 04/18/2018 --ANNUAL REPORT 12/15/2017 --AMENDED ANNUAL REPORT 07/07/2017 -- REINSTATEMENT 02/01/2012 --ANNUAL REPORT 10/19/2011 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF for Department of State, Division of Corporations SUBSTITUTED SUBSTITUTED Certific°adon Statement ['least yuole on this form, if applicable, net prices for the itenits) listed. Return shied or,giant and rel3ln a ropy Fur :1.till r tiles. Prices should include all costs, including transportation to Jesting Ion. The City reserves he rig I, t to aced[ ar reject all a ran y part nl' I his NU hdlf4SiunY. Nit should be 'firm for v willful' UM err 1 RII dad x tvlln4Nint; the Mime set for closing of the submissions, In the event of =ors its extension of totals, the Unit prices shill govern in determining the quoted pric We (I) certify that we have read your solicitation, completed the necessary doeuttients, and p'o'r+, t l j nish and deliver, F.O.B. DESTLNATIA)N, the items or services spcciried herein. The undersigned hereby certifies dun neither the contractual party nor any of its princip owners or personnel have been convicted of any oldie violations or debarred or suspended as set in Lion I R- 107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (re to paragraph and section}. EXCEPTIONS: We (i) certify that any and all infOrrnaliort contained in this sub + scion is true; and we (11 further certify that this submission is rrkade without prior understanding, agre lent, or connection with any corporation, rrrm% or pion submitting a submission for the same neater' s, supplies, equipment. or sernee, and is in all respects fair and without collusion or fraud. We (I) a c tro abide by all terms and conditions of this solicitation and certily that I am authorized to sign Il submission for the submittcr. Please print the following and sign your name: PROPOSER NAME: Texas Aquatic Ha -sling. Inc. r1 DDR E S` 749 NW 23rd Si_ Miami. F 3127 - Coro: 2 Seaboard Ave Lake wales, FL 33853 PHONE: 863.696.7200 EMAIL: Becky°?TexasAiu cHarvesting,earn SIGNED BY: TITLE; Frets FAX.. 8634964922 CEL L(Opl iona I): DATE: 7114i2023 FM RE TO C s h1PI_f?TF SIGN AND RETURN PUN I.111M.11 SI I,► t.1. IMS.01.1,1LII•Y THIS t- :;SPOPSE. Certifications Legal Name of Firm: Texas Aquatic Harvesting, Inc, Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 2003 Office Location: City orMiami, Miami-D, do County. or Other- 749 NW 23rd St Miami, PL 33127 Business Tax Re eipti'Occupational License Number: 202206 Business Tax Receipt/Occupational License Issuing Agency: City of Miami Business Tax RecciptiOccupational License Expiration Dale: 9 012023, Federal Employee Idcrrtifrcation Number (FEIN)r. 20.039981 g Will Subcontractor(s) be used? (Yes or No) If y with your bid response. SUBSTITUTED owlet{ Alt.aciirn.t D - S1rbcuntractors and sbrbrnii Please List and acknowledge all adcler to addenda received. List the addendunmtaddcn.da number and date of receipt (i.e., Addendum No , 1110120). If additndu /addcrwda was: wcrc issued, please insert NIA, - 6123/2023; #2 - 715 +23: #3 - 711112023 If Bidder has a Loco L 0 C, as defined under Chapter 1$/Article III, Section 18-73 of the City Code, has Bidder filled out, rized, and included with its hid response the "City of Miami Local Office Certification" form? ES OR NC? (The City orMiami Local Office CenIfic tiIIrr fonrn is attached to this; solicitation as tiachment G - Local Office Certification_) Yes SUBSTITUTED Attachment B: Reference Submittal Form IFB 170438 - Canal Cleaning Services FIRM NAME: Texas Aquatic Harvesling. Inc. Reference Section 2.12 Summarized Requirements: Refer to the details in Section 2 S pecia i Con ciitio to verify that the information provided will suffice as proof of meeting the requirements o his solicitation. Past Performance Reference Check #1 Comparry1Organ ization Name: City of Mearui Public Works . Address: 444 SW 2nd Ave, 8th Floor. Miami, FL 33136 Contact Person: Elyrasa Estevez Contact Rhone Number and Email: 5416-1295 eesteve: , miamigov. r Date of Contracl or Sale: 6i2006 to Present Prime or .Subcontractor_ Prime Other (DETscription of Service, Total dollar value of Co act, oIc.),: CFtyw@de Csral Clearrtng - Annually $783,676 Past Performance Reference Check #2 C•ompa.riyICrganizat on fume; Citrus County a <°.rd of County Commissioners Address: 1300 S Lec:anlo Hwy +Lecantoi FL ; ° , 51 Contact Person: Mark Edwards Contact .'bore Number and Email: .52-527-7620 rmark.edwardsdcitrusboce_eom Contact E-mail (if appbicebleY rk.edwaards fp citrusfavcc.corn Dale of Contract or Sale_ 10 113 10 Preset Prime or Sub ntraclOr: 'erne Other (Description of S °re, Total dollar value of Contract. etc.): Mlechanicar Harvest' of Araiic Vegetation - $1.227,425 Past Periformanc = - efrrertce Check #3 Company/Or" .tion Name: South Florida Water Manalennent District Address: 33' Gun Club Road, WesI Pala. lam, FL 33406 Contact . =r OW: Linda Vanish Cont. . Phone Number and Email: .Ir e' 1-6$2-6f0S C$IL 5661-248-4030 C * act E-mail (if rrpp1i ruble): fyarrish sfwrrd_gcv date of Contract or Sale: 10i2022 - 1012023 Prince or Subronlraotor; Prime Other (DesoripIion of Service. Total dollar value of CcnIrarct, etc_): Mechanical Harveslirg of Aquatic VegeraliOr11 25,0 t CANAL CILEANNO SERVICES IFB N. .. 1 °7043 Cornpletion o €'rrn form i to be u as neceassa fir. List of Subcontractors d after award of the Contrad. as additional Subcontractors are added or changed. Submit additional pages Name of Firm Note:. 1. The work performed by Subcontractor(s) listed cannot equal more I ha, ftenn percent (15%) of the total work for the Contract 2. The foregoing list of Subcontractors may not be amended after award oft ::: Contract without the prior written approval of the C ily's Protect Manager identified In the Solicitalian. whose approval anri It not be u asor1 abley withheld Address Scope of Work Licenses %of VVork Name of Prs.p.Oser Texas Aquatic Harvesting, Inc, ba ° 7.014,02023 Name of Individual Completing Form: .fames P. Vaughan Signature C co C rn v SUBSTITUTED CITY OF MIAMI LOCAL OFFICE CERTIFICArON (City" trade, Chapier 18, Article HI, Section 18-73) Solicitation Type and Number: Solicitation Title. 1704 386 Le. tF JIFB RFP/RFQ/RFL1 ' o. 12 Canal Cleaning Services Texas Aquatic Harvesting; Inc. (Bidder/Proposer) hereby certifies co lance with the Local Office requirements slated under Chapter IB/Article Ili, Section 18-7.3, of the Code the City of Mistral, Florida, as amended_ Local q,97ce means a business within the city which meets all of the roller mg criteria; (1J Has had a starred and fixed office or distribution point, o rating within a permanent structure with a verifiable street address that is located within the corporate 1. its of the city, fora minimum of twelve momhs immediately preceding the date bids or proposals we received for the purchase or contract at issue; for purpuscs e r this st• t iOfl, "marred" stall man verifiable, f ['-tim , Or -Site einplayrtmeni ai the local office for a minimum of forty (40) hours per calendar week, whet + r as a duly authorized crnployeo, officer, principal cr owner of the local business; a post Mice box Shall not ' sufficient to constitute a l aI office within the city; (2) If the business is located in tits permanent sti, tuEe pursuant to a lease, such lcasc must bc in writing; for a terns of no less Than twelve (12) mouths, bee in efilei for nn less than the twelve (12) months immediately preceding the date bids or proposals were ccivcd, and be available for review and approval by the chief procurement orreer or its designee; for re' ntly.ex utcd leases that have been in effect for any period less than n the twc1' a (122) months immediately p eding the date bids or proposals were received, a prior Getty-cxscuisd Ihasr within the corporate limits or city that documents, in writing, continuous business residence within the corpoaa to limit. of the city fora to t or no loss than the twelve (12) rnonth+% immediately preceding thy^ date bid or proposals were received shall acceptable to satisfy the requirements of this section, and shall be available tar revi cm; and ,approval by the c f procurement officer or its dcsignoe; further requiring that itistorical, cleared rent checks or other rent ppyrr+e. , documentation in writing that documents local rif i o tenancy shall be available for review and approval by it chief procurement officer or its designee; f 3) Flas had, fur a ini mum of twelve 02) months .i rnmedialely preacding the date bads or propusais were IfccciVed for the p chase or conirrct at issue, a current business tax rrceipi issued by bath the city and Miaq•ni- Dads County, i ppiicahlc; :and ]'Ias Ito , for a minimum of twelve (12.) moths immediately preceding the date bids or proposals were received " `r the purchase or .conu-,tct at issue, any license or certificate of competency .and certificate of ,ass rcquir=, by either the city or Miami -Dade County that authorizes the performance or said business operations; an .) Flas certified in writing its compliance with the foregoing at the time of s;ubn7 i ti i ng its bid or proposal to bc eligible for consideration under this section; provided, however, that the burden of proof to provide al] supponir do€urnentation in support of this local office certification is borne by the business applicant submitting a bid ar proposal. 1 FORM Gip Di M' nii tit IiWrKe Ce+ 17,1212013 SUBSTITUTED PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: 749NW23rd St. Miami, FIOr d a 1 7 Does BidderProposer conduct verifiable, full- time, on -site employment at the local office l''' I YES ❑ NO for a minirnmmtn of forty (40) hours per calendar week? If Bidder/Proposer's Local Orrice tenancy is pursuant to a lease has Bidder/Proposer enclosed a co ► cif the lease? Has Bidder/Proposer enclosed a copy, of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -bade County? Has Bidder/Proposer enclosed a copy Of the license, certificate of competency an cificate of use that authorizes performance of Bidder/Proposer's bu vperations'' _ E i YES ❑ NO _❑ N/A City of Miami: Cite Excmplion: Miami -bade Co Cite I xempi° YES YES Exernpl Exempt ( LJ YES ❑ NO Bidder[Pruposer's signature ' ow certilles compliance with the Local Office requlrerentt suited under Chapter 1 tl/Article Ill, See n 18-73, of the Code of the City of Miami, Florida, as amended. Texas Aquaiie Harvesting, , I, . James P. Vaughanr President Print Name (BidderfP ow Authorized Rcpreseniatiue) Signa jre- Date 2 FORNA.CiLli of Miami local 011i Cen+ric*iol 1/ J i3 SUBSTITUTED u , 2O 2 , by (Signature of Notary Pub] [s-SIaic r E Florid]) OR Produced IdeItit! f abo i7 STATE OF FLORT COUNTY OF CertiFind 10 and subscribed before ioc this day of jj4 la 4, r, Mr Pcrsonoily Known Type o f I denti heat i on Produced SUBSTITUTED ATTACHMENT H CERTIFICATION REGAIRDMIG LOBBYING The 1.111ddrslgned cerlificsto the best of hiTher knowledge, That: 1. N0 Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person 10r Influencing or attempting to influence an °Hirer 0r employes of an agency, a Member e1 Congress, are 01ficer or employee al Con€? .ss, or an employee of a Member v1 Congress in connection with 1 he awarding of any ' ederal contract, the making of any Federal gran". the rr,aking of any Federal loan,. Ili entering into 01 any cooperative agreement, and the extension, continuation, rene annendrnenl, gar;modification 01 any Federal contract, grant, loan. or coo : rape agreernenl, 2. II any funds other than Federal appropriated funds have been paid • will be paid la any person for influencing or attempting to influence an officer or errs+ ,yea of any agerrsy, a Member al Congress, an eliitGrs Of errrpl(iyee 01 COnrjre55, 0r employee or a f mbar of Congress !rti 00nr,e0tion with this Federal co ni rac ! rani, loan. or coope ralive agreement, the undersigned shall c rmplate and submit Si da rd Form, LLL, "Disclosure Form to Repoli Lobbying," in accordance with its inslrwc errs.. 3. The undersigned shall rewire that the language of lhi ariificalion be included in the award documents for all subawards at all tiers (incl ng subso moos. sabgrartils, and contracts under grants, loans, and cooperative a ' ernents) and that If subrecipients shall certily and disclose accordingly. This certification is a material representation of fact transacl iorti was made or entered into. SuOrnissi making or entering, irrlo this transaction impos Lobbying Disclosure Act of 19D5). Any pers sublecl l0 a ow penalty of not Tess lean $1 Iailure. on w'ich reliance was placed when this of this oer1 ri a1icn is a prerequisite for 31 _ U.S.C. § 1352 (as amended by the who 'ails l0 file the regv irk eer#ifiea'i orm shall be ,000 and rwot.rnore than $100,000 for each such The Conlraclor, Teas Aquatic Ha Ing- frtic. sertlfies or affirms the truIhlulness and accuracy Of eecfti statement of its certificatio ,,nd disctosure, if any. In addition, the Contractor urlderstaryds and a.greeS final Ih# ovisions of 31, U.S. C. § 3801 el sue., apply to this certification and disclosure. if Signature of Contra= ontraclor's Authorized Official Name and T of ortilracter:Contractor's Authorized Official Texas A kc Haruestiri+, Inc. Jainic5 P Vaughan, President .�_ 1114i SUBSTITUTED In II. aerie ra.rualu 1tAD 2414 Cepyr1a141c' 1563 An and 2.3111rrr Tim ear In61.4.rFe ref IvchirecLi, All claims ra .1 plemc,.trr.:,il,kfi I}ocurn l n< prO end try LP 5 Ccpy..10 MY Law and r.l.m.rrwnai Tes,agr■* term Anp t ud riprodutlran as dattr p, i an rir ledr-p ` — smr,pgrilora „r •l, map romalli shell Dr.4 rti.r,In.a1 wawa* ar•tl will 156 p.aale Laid re r '•+amlrnuan *atom poasabli agtd.r eke urn_ p�rrhs�ars a4 perrr,nc i 4a .epee tins MO O yl s Jbcurrreri w4e4 creep it 1 e. ec-po,n4opyneN urairl.er,► W AM Ccearrrs EXANorminti, ef-+lied The +hmencar■`rauiri4 A-,1•1441h lepalrplataei,cupplyhI l 1*J . AIA Document A 1 O TM — 2010 Bid Bond CONTRACTOR: r.Varr,e'_ lr'grof srutru untf Texas Aquatic Harvesting. loc. PO Box $141O31 Lake Wales, FL 33659 OWNER: (Naitle, Wort/ .twrisand iarlrlrassi Cite of Miami, FL 444 SW 2ndAve, 6th Floor Miami, FL 33130 BOND AMOUNT; Five Percent of Bid Amount 15% of Sid Amount) PROJECT; :Solicitation 1T3eG• Canal Cleaning Services Ir ame, luCuiid i or address. yu.1 r•rr ll ri 014aJ4l'rr, Of Mal') The Contractor and Surety are bound to the Owner iel, the ainoulrl vat math Contractor and Surety bind themselves, their heirs. eseedlee,. admin karat severally. as provided herein. The conditions of this Bored arc such that within the time specified in the' bid documents, or Welkin 5vdli lime p Cotrrtraotor, and the Contractor either (1) enters Into a contract with bid, and gives such bond or bonds as /nay be specified in ihve bi in the jurisdiction of the Projeci and other.. ise acceptable to th and for the prompt payrrecnl or labor and itkitcrial fi,misi+ert - difference, not to exceed ilie anieurit of this o•ed. tetwer ror which the Owner may in good faith coronae! with an obligation shall be null and void, r1hcrwise to remain an agreement between the 0 wner and Contractor i not ice by the Su rely shall not apply to any e.1440 r acceplanee orbrds specified in the bid locum an txientsron beyond sixty (ba) days, I Ir Hies Bond I k utd in connection with be deemed to he Subcontractor and ih SURETY: (Name, legal era erri arrarMrr rrir 0 ai'ddre rJiairrt'xs) Arch Insurance Company 3 Parkway, Sultll• 1500 Philadelphia, PA 19102 This MxLorrvnl et •. 2011, , e r6rY e1ueretet edit at l'+w • 11 arcane,. 1" :ri o1 W 9 f ,rrrlh respect 1a GWr{F14IKIA eke m3diGt Any I u er reference to C• raGlor. OArrerar r.r pRr'Ly Snal1 12e tormeleeed plu,'el wnene app cable -c, for the payment al -which the successors and assigns, jointly and. he Oy ner accepts the bid of the Conlrarct t as may be agreed to by the Owner and Owner in accordance with the twins +af latch g or Contract Documents;, with a surely admitted crier, Far the faithiul performance of such Contract he prosecution thereof;. or (2) par, to the Owner the ie. mourn %peel lied in said bid and such larger d1r1uun1 cr party ire per the work cowered by said bid, them this Full Force and cireel. The. Surely hereby waives any notice of sicnd the time in which the Owner may accept the bid. iWaiver of n exeocding arty Rom) days In the aggregate beyond the time for and the Owner and Contractor shall ablain the Surety's consent for ubl{caiirawtor's hid kin Ci nlractor, the term Coniiailor In this paled shall Cheerer she 11 1ae dCrr d 'rr he Contractor_ +linen this Bond has been furnishe o cornpla' with a staiutory or other Iegal! ritjuirernsrrr ire the location, nite1rojc*i- any. pre. iiicn in this Band coml.] I11g. wi'h %aid saaturafr or legal requirement shall bc dcsrrtcd dr:letexi hernfrprtrond pro.Lsido?c cciprbrrning to sac a LULory err 4,11 her kepi r£tlu!remora shall be deemed Ihrtirpr7-a'ed herein. When46:� furnished, the intent is; that Bond skald be coninreef as:. sr:ila,lor). bind and real its a common law bond, Signed and sealed this tith thirst} (Mime E-fi±r-e is day or July, 2023 Tsui Aqu ltie Harvesting, Inc. (Prirnnlprri) (Tiar). Arch Irieurarlco Ckutfpany+ rSui t r,• (Uri),,! (Mk WillIarn Sarong. Attarne-'• Et G T1ON! Yclu should sign tar nripin it LiA Contract Document. ore wench LW& telrt appears fit REEL An tares, rosuies +hie anOt± wltl' of bs ot]isurRlt. . - - ram_ rr 4 SUBSTITUTED 1011 nil Ponrr ei. lnlr'r.nri Jaol{i. rirr Ofku r Le Hereof norm- rid Allii" lMa 1 nri #rdresnrx Ps.r.Ike f .inalaealy ra�t1 Jkr anriora{r ■Mr nr rJFr r,avfar &rYfin tilrh'i• %armead' tor '..!rr,.rran. J'{rr.i^r4(+vijr.4,Nrreosi3 kue.Moder-tokrreasr Itrihrlanstr I-firi..urene.frI. PCIVI.T.IF CH. hi taro Ail IPtrifinM I15 rhi-w F1i-wngt: Thin lh5 ;1a£h ,,..-+I ui a ttYf filosn nrsaniredl And etlaaing, %odor Ih[ `yc n•r .14 rT!!!1..!H iI 1dmi(ii Este. 01y0r{ In i{TP *tip J£r+£•5 dhcroom fla re/erred la as the icy-kLLt%hec k ppu!w Earn IL ray, Bonn.- i. FI$hhinw-1lraua■ P. Togo Ili. Ciarles Rare iIlglia Rood % IIIianr:Aurnat a1 r,retiraad. 1 1. IF Irus a.d La„ i!,I lur.rn£'H4 jm I "Li. Ibt rriake. trc1'Me. 4ti1. ard,lellaer from °lhc dor,rl of 1h1+ pr •a gr 1.1r and nb t,rhal1 a, 4,rrty. and 111111.111 dkrrd +oft aRl.II M'nJr unJ,rLlkrrs,, 1.0g ugnm:irrc£h and Niter sum r ll ll+x14. in IN N ul sum nru cwiY£dinj 1}rr, I IunJr.rJ F!'ly tit°Illt!41Ji load• 1 r}a 561 )hi, duihjrll). LJd -b ail primal IiK ,am,kams LAtlifilininIn tsr, .p1!I 11.11 doter er miadr, F11114 In ur r 1ii FLewg melt 4usli I i n i ,h'th.R the 4aaPar iimii nr aul x ati Lki With heneril Ike ;Le eliliirri iri w£h buri.. undertukrngti r#£K jnraarlce% mad tiah'er ,ur£i!r abli jlyl in purtuaoce of aw£}i' ni, ,hall kdr aw binding Li Nay ■nd .mple 1,111 :-in!w and piirpi•ai. as yL the carol had b if di■Tr tux —idled and ackrlarrlciTtw41 by t+4 rcriiLarlX lgr49 aalTiens ac CHITle-i in Jrrwyrf;elY• The, ice rif Amicrnce += ch,:Iilc4l Rr. asaah„ner ad racoon[ ows adurtall by ith100111lN.I1 are 40111 of inc Ulaardl k ritayonrti of the Corrigan ,'SLiguw ! I. true .aid ncuraesopiry of -which are hc,Ieiru#tr •'el A'rLh ind arc hert4 izenirieil iiI ter LFrt onikr+i acid SctreaCt�y— di'o Wins Fall force l+il ct " %OTTII, The OK (Minoan of the Piv,irrl. it I,{,i k'nt. it !pc I. - orirridt V'wc RlcijiJrnL, Lr in} Byrum 'i .i c Pre..nknl, of Lhe rp IhLL11ntSI QI41unl. ffff there ■recurlcee druIruI J in .yrriass erg rim %mmJ. L1£ `.£, i,'4ry. or 111; Sici tart ,hzld hawc Ih; rran4cr irrd auIhi.iRp ry dirrfOrri ,,tins arld all,orngy"wyr•(arL and in auihL:riic Ihem wbicci yu Pdrg 1!mil{1!nn.. ,r1 Carr], in ahcir ockin{Iwr pn.rn nt allair'f, ga r,M lr uR brhalr ur the Lampart and i ILa£h Rhr 46+1 air rhr iumf.n! tbele al, hf+Rch. uh3cil.rkinp,4 ,r irrnom,ti:rx grad orbs vireiy nl'1h alron,. ubliF;alurj rh Llrt IUILI Ihereiyl, illyd M} °arch officer -. • aka 'l.rimrun5 rru} arpclrfal a rm, fue act tponce' of pence„ - I N... P aw rd uI .4.11c.rnry iw,igngol, wralgd and grit i iic,11br gag monk rrrhrd aga1 by 3uthdn Lk tir the 1aAkkha.Tig de4W.lFLdY I1ereL!u uI Iht• rilrnprg!F era daujlu.a 11, 211+' A 45 rl: D. Thai the aiprwrw6 or Ih,c (rrrrx,an fir the llninl, the Piegnieral a .lie F t:„uir 'WEE Pre4Lilen ,r } lbenwr Writ IPr ol, of r*hr S irt1 1iuw.,r0 Lhtisslog, ix Their rppsmrat, dlvrwMLilyd an Tan flint semi filed „,In% the atcreAir . and fix oiLeline or iNt Sttr . ,. alae I nr LIc< Cprnpuai, *red orrlilnolixwk, by the StaeurI. ma, he AMNIA b+r tic, 11 an an} poker or aiurnc! rat kart►i cleculcd ri.rwaar La the rg•unti,!iuin try dig RLurrl eaF drrLL.dS rnAviv i I. 2U22, aryl an won pwuer Id} eleiitiire'1 scaled arnl cerolii£d o a£,pc,ga let gm, Iwn.I rr .:nJcrLrk 14,g( In .ehi.b iL Lr ,hall euMIOran In IX 4sIM NEI binding ■ tI1 the Conran, In I erlIrReny hcrr.el•,hc'C 4mpanv Illy a-rusanl Thai ir.birunrsnl 1.. h+cvainnl.Lail iLs L rpwiildle 1 iu bl illfi4td by a1'.eir auihc.idtd officer', ;hum E dt+ e1 ■n +tamp 'I ii!F1 tilyr•Lyrd .niI Crrbfird Rrpjuui0)r,Pt 'SF1dlI!u-, .ST i; CIF PE: 'i L'i'.4ti1.1. riltSTYL'1F FIIILADCF.PIII.'i S% I. Alk b*k Tr Ddl. T cars Ihrbllt. ika L.'r£kb £noisy Uul 31rtrn h Shullrun Art ctweol5 cL! .11 S4 rEL irk! FzrL ;i, a V,Le Plt51ihnI or IN hrch law. %l1iiuun. yubscnbcJ ry, 4ha k,rrt, ng 1n.+lrurr'arnl, i. ar,r i be IL,c one Ihrr da ¶settsMiI i ecfirpr,Ie4es1anddeli,L,•edthei.aadanwumrnlsLr grew pairrAWI Ihcicin ,s,1 ri1 h ,u yi,J 4 ni iL nnpq! itirranniralor Mr the urun+.'ti•s4ti gun,£r49 ar 1hr Ruan.! iar %rock1..,ylr.nsr rci p.nw SIrfhrl L' Ru+.LI'.L'L 1 +. L+ 11i4rlr iLr P1riidrVl .phen"'rai1iiiprerkonrl1} ILTa5i7hiak mt ro, be the wane p•lr.arr4 hwhuwr name,. COCPUFFIPM orzarirce4 and {3141ing lanky one loot of Iht Siaae ar F koin ,n.l -, y .,gkutRTmdred IhaL arty being IhcogrinIa 4111191 authors. ii aionL L IurdaI ul %kid.4rpurtlr1LilKal*1I1rrlisan Eicc.rtl,olyny rw fur the ule4wJ r �I Ik1IFICATILN I. Repo .i. Sh.lrrroa. tie,ieury of Me Arch Is uir n.c mg IE44 J ah.:nr a, a Mr l&i £{'rrewl CZITI 1104 IFuI IIr 4] gt,L,irx4lr, r.LI l du runhcr ccrrrfp Ilial the rid SIs7'J .-n Lhr.iaLi•c+.i Rowel of,$I'IiP'rocy IN- Orly alp lrLIF hrto I% 1 FAT I %C OSI' Ids ILL.plf:Of1. 1 haw£ hrdruniu of Idh 29_LI TFa, Pkswri of.•'.I rr.ej limos 'he rHor eloTi rr. L'e mamma ind la the 6ircn S .w+O •ti1-1•fL4F'.11 4rib Ina menace - Sorel? 01,1 3 rw►wi4.%1at ISM rhd'rdelrhha. P JtIS Fo vitt PAWL Wry Pak Iiiiiikarou tar atom .1LIIm IL MB OIIr�EIJIaI Ilene Him %I y F T4ir.i.Ja ¶war j'o Coal %11. £rpeu•£a 11' h I iiJi$ }, du tiered} unit,. Iai,Lr ^Ihrt anochadl borer or' I1rrNd1 doled 1uNt 1.,IIIll a i, belul fait Ih{ TLcr*ioo{,1 lu+ Seta in lull ILact arm erroci once 'lc IL& € Mercer and . rn IMF ki r ird erica an i1. &lc Qi 1LL.r Ru,thdk. % Iwb t'i.tedidgI OFit'Nikko oI An. .trrice as hieenin 6Vice Prt,JakeorL aril. 4.4 Lit dale ullszrruliun LiJ e `Tee M"re4WJrM oink 'Arch Inmoance Company. I,'hod coy iya a aryl aiTi sl:+l err corporate oil of air drib 1nstrancc C lnprin> en i:h r _I lob .dry Ise khuIman• r4y 'hoar, hn4'S°"ru d I: Foritin sa I1' bolds Teel undertakings ' Fc1 Neill r narn bl ih{Tein and Ihlj, h i ni iSi Lhur,15• Irk lore! Lire �, umpan) .7,,- i n Aired L IHI PIFh.ATl'AG TO 1IIf'S Rillf! Tri T11F IYir:LOP I J;.IhIF®11F:lt : r ±, Joe out him Lt hurl Mil Power rnjA r70r k, cation confoffdL►Th MILIVARCIr earnlpawlr a f wfky+rrefaF dot n•= warrcr Lw�r PJiLa1# AMP' ti, row ab'ctue married,iiLhiarrrey.Lro-Tact end the doe oLla #j Poe Nord Era wllrkh rht k Q?t •;ted,,• AICp0A04Q 1 D Pali' Ied in U.S.A. SUBSTITUTED REAL rATP LUISE This 1 Avozeku r a madSeriertcr3,261;i 1 ram- I INE PROVERTLES td CifuLthelkurli, Mid IMAM Aquatiet limcPling Ear 73�r praim 3pac as Marc MIMESES. Lid. idcoceddrrition of ale. I pay in Az L � linsm lenitir tczras Itiiry ; lam (rle `i ') h!o'23STREET. I 'Rco!is PM iittrpmtiic. 1 N 4°'1h Pit Fkir& 112 i alb= ter I ri TFS14. T1r Irox lensuirl Eaexin <iDocaratififf 1.:012,and will Nora 30, 20 RX LE:ae %atl aktr6rmaticu,. row* for cpel o( the Lore T _ anion Fr EtY sin.) 93 do rs. p fkr eta I xa c LEASE PA ' Tam 'WI pry Ludiced CIPJ Pada I P c R4 I= CC VAT? rxillotti SFEURrre F. AE ctr firmnli' tbcsa ,a btu-44*mMawl clIzetryrzl fro Tcfpuf ienciesier. luese a4ptrr*dtry i this Lew&'ft•na.na th I pory be kr Arii a Mfi• i-recrrtu schFiePretrausi. if ivy) Y POSSE= OK Te= s=lf 6 e t'L11'postogisMin en the flea of chit- Ks= iNs Las. d t a., ,., 0 Lardirtil Ibc eh. t dze WED 41( lam.Eolva otheriri2e e. r . + . Rai in wain_ Ai ISE 1=1,:rin620 rt Maw- Tea = rveriove Om : •arid effectsand petreally yield rpLh rtaTil2=1 LC? leUCLIOrd ill 13 a 73e 6(71 V. wtica dectit. rn4r' Ttrgi. i 407 R• t�f ri rfr • SUBSTITUTED • -wily! F .1.45 n1A36 JpE7Y,c .' Tr* fr] 1"Cwu eusTcarii j t 214.762 morb CE IMTw Laarts 741 r4W 23 5T nwar.fad AENVIE1461A4G4 1111111111111111111111 City of Miami Customer invaa Initial - Certificate of Use rit�r f eA1e N wy A t, hi It C`rJA 113 9 1113;3 mire Gar ; ii•fSTT31.E rw'nE 04 01-312 01041110 C4S Fc QTICIA leuCid IN1'j4JsTFi6#L 5TcR,A15E1 pI$,TRiBuT NN IFSC/ 4 - INDUSTRIAL 5TORAGEFOISTIlilliVION 13,04 - IN6+J 9IAL STORAGE: QI MI$4ITION 1CLISC - ADPiINI FEE ZONING IF55c - Ap4IIN Fee FIRE SAFETY PEroye 'Re Mon* 1', start PrIlpilfmarrpacw.comipay Tn� it1rerAs of Pjr$ N,T s I eilicrr #f4 Illrmred MV1 +# 1 Itb CLi lire peen ISSUed. Fd,luF t4 T rnijy I-Pril1Lek firiaTEIS �nrL'Qrsei U n. My Irtn&.al r11#'whir ayf spe .1EirrLgL nt and cueraril renewal Pis pkis 4n NN -aI St: Weld' room enorei ZS' -Crty Cadet-2)16' = a-r •tl k ReCerif b an a Leone Ire 4106. FaMpelificiflei WOW! G}1mmier5emco i1 r ] 41.1.110,1. i r 'I IUr. 11F;F Fill tl ®14 h1W' 23 ST SE; EV SSE SIDE FOR BILLING INQUIRES rrtp1,! ier 11. -4:I.1:1 ea.T6.EJ1T • 4C"I'd" 7 P 13#11 jV 1LS 7T}.Jl TE AT City Of Miami FINANCE AF iMENT.W SW 2"° Avenue. Nllaraxll FL }4130 pr,F',:f 1ws.MTr.11. 'Ord..,ar Ia i 1511933 $421..0A 1.0;: $ C•Li.T COE 107E5 -FEE•23 Texas uakc Harvesting, Inc - Po 0'• 4034 _ d RleS FL 33859 1 1 RAMO 141 • laNta I1h A[l1 D 01:12 4762 1 C195311933 2 1:1O1:100425O0 1 6 Send Pa yment To: PO Sok 1122,1 Ch..01 l9 SIC 28272=1234 Page. 1, DovAatiii .I► mill o31iw11ie k.fiG :fret IWO 1 1 T€i A�=�J uF(r QuE 7:1 %or,lamri mutat€h,i____ eG F a14r .. #i125.11G dey k "= Department of Finance Online Payments nts Receipt Vbar Preference 1411.1tftber. 0 3006001-17 D7 ::A. ZU23'6:36:25 AM TRAN$ACTEQNS If you have a Cult mer I1urnlaar" pease click hare 2O23OO6OO1-17-1 A$' y nt INvoiid g: 9511433 BALANCE DUE: 425_00 PAYMENT American Express Credit Sale LAW Nova: u nir $425. 1 1425 TQTAL AMO .'T: S 5.00 425_00 SUBSTITUTED SUBSTITUTED CITY OF MIaMI CERT1FICATE OF USE FIRE SAFETY PERMIT BUSINESS NAME; Texas Aquatic Harvestinc, ()GA; Tcros Aquatic Fla ewetIII , In BUSINESS ADDRESS; 749 NA' 23ST EXPIRES; -cP9-X ' ACCOUNT NUMBER: 211762 CERTIFICATE NUMBER: 230400111 COMMENTS' RESTRICTIONS: APPROVED 4 SEcs: rum -Fricke lria twagei Di bribuIK?r! FY 22- 23 ISSUE Apr 4r as • P1.I*5E DITiiPtAir'THIS CENFT1FICATI IN A. CONS,FIC uCILIS I.O'J.TIGH AT ocC4 P NCB' ADTIRESS. 171.' .LJ IJ . FAvol4 c' KOMAR Evil CET#TIFICAPa Lr Sin Y II®LE EN LA D1 ECCIOw DEL ceimERFICC, �`SI , • TAr1EJI AFICHE StTIFIXA SA J&l'l4 TMXOTbrl It' O NAN ,Ausit5 OIiIPAIw55. Local Business Tax Receipt Miami -Dade County, Siate of Floritfri -rbssis NOT * BALE - haT Plee r24TTO 4 ivimmlrtti 1Y,d,MLrrLOCATION TEXAS AQUATIC I ARVEStIN3 INC OPERATING IN aADE COUNTY MIME PI TES AQUATIC HAFIVIES7IMUIke CIO DAME tPVAUGMANPRES ErrulWerI4 T Liea1I i CiA iP !nor IPT ICE ME PS3 EC TY PE OF IIUSI 7!ESS Z13 =,Eri„K_E pus wFSS SUBSTITUTED EXPIRES SE PTEME ER 30, 2023 Mui.1b#dkiplipill i1 paci 4rbut P L Pui.uirrl IB C{ke1i CE•d4r hrpi cr EA- Ar, i d 10 ■V TAX 0O1.LECT®R NT•4245E11 1 s 15 I+rlrpri"p WO Su Film ric Tlw 4c.rp1!.rF !Avow* MilUlf* r414dAk r.. isrNNMI! mod car lib Mai '17 imilai r Ian pod rtarr. 'met . winch ■,i'I'I liy 6. rrna�c IrlP4- Ip1G.kb..rb.iJIt1iIpll1Il4Tae1-411-+h401-9rp4(14!I4 4ap !}a Mr. uliraiau viva sYYi' _&-,:_ _WL_tA ___li BTIR }SOLDER eQ INE55 ADDRESS! E XPIRE5: ACCOUNT N.I„JMBER: RECEIPT NUMBER: COMMENT. RESTR CTPONS: TI+xes Aquatic HanrQs3in9. Texas AquaIL. Harrnesiing, Inc ?19raid 23ST E#feciive Year OBI 1 2022 Thru Ste, 3I 214762 22 -STO GE WARE! • •- This i&iubnCq ge a t]u$i ess Lax tecir•pI doe°S not Permit the t' �! rxrripi Oho hpl it trOhl any Ir itr5seJr penults that rhay ' . tIOirzil 4n lM't the holder lS. quaIi QQ t4kSn'o&e ih t dketurneht +ndidAleS payment of crke buiih4351 taiK ree FY 22- 2? 1554t D' Apr 10,.2 2 •• •'•'a violate any !Orlin 'iw$ vf the City r 7dc e , rci b' ItW. This dq;µrnent da l riot t'\Mi'tyte u?. ° • :: •iggilsIOn. or opstibel i+peCarheroin The - PLEASE cISPLAT THIS C DTIFIC ATE IFP k. CON$RLCLIOUS LOC.A.TIQN AT OCCUPANCY AUCACS$ - FAVOJt IiE H STRI.p ESTE CotTIFIC Da°EN LIN SITED %USIBLE EN LPIN DEL COHEFICI . - TANPftI oPICHE SET•IFW4 3A li. N N YONIONE KOMi1etf1 NAM ADRES C'KIPANIS. LimitLemin toil.' Al AVE `QV Ii A 7iiCrimp 7 a Air Animal IC Privai'Applimer Ili UR7 aed erlitaLum LE Napo Piz p Rtis (k4rresa1 4 Salad Axemdc F rr gdorrstbv4 Call l MO) 41 }a21rJ15 SUBSTITUTED , riu Dparlmrril of agruGlsl,rt J1+.1F CorI39mrr ltrr4lrrs I'.-crltJdt €. erli fkrrioa 015re Co®rorert's' Appel oitAr I.leto1-1 lJeeiire f {. %1336#i CANfif"ti. TIP. v49 = I.:r: e 7.p.00+I11.11, sII! l-.r rf,�ari es 1 utd: >T i, 3 h f I t Irrti: tin% 9i1: C011141+sue a.Saar -Ma.o..JC•) .i .did*lk 2022 F LOA IDA PROFIT CORPORATION ANNUAL REPORT 00ILitti•1ENT4 Po300U13O'24 Entity Nara: TEXAS AQUATIC HARVESTING, INC. Current Principal Place of Business! 2 $EAO0ARD AVE LAKE 'WALES Ft 33853 Current Mai long Address POST OFFICE BOX 4034 LAKE MALES_ FL 3385 -4034 F El Number: 20-039 B i 9 Name and Address+, f Current Rc9Istered Agent: $PIEI EL."LPTRER.A. P, W 2211175T 4Tih FLOOR MbLML rL Wi45 JS SUBSTITUTED FILED Apr 24 2023 Secretary of State 35144363g8CC Ccrliflc3te of Status Do too r[iuw MAW d nY I). .m.en►4d Irill Ailikoenpre :w ak'paaa at r+ong,np[II won! ei i cameo ax reg. stared aylntia c : •1 Lrid. Sr'ahr t f F. rd SIGNATURE: Elec¢ollc SIg9atura ar Ja isIrre4 begun! Oa:r OfcerdDIFecior Detail T r11d PSTD Nino 1t+A1 ,I-t .N. JAMFS P bdiroi5. 2 SEAM/7 AVE Oily-5134e-Zrp• LAKE WALES FL 33B5a i rimrly ra&rMel ar tat rani aM /goer or Pr. Jr War Ah afiFd'd•�r"•h r.pwwrk•rtisc'.F!•.r *!"MAP/ On7"Ed eke •wi —am. ,MJ/La eh/ ai rr Opp fh le NO. wk.w Of fOrl elinCn 4a end .7Wriknor r. ++ 'Ao &Jones! r . erpr•T.ld 0444010 ET 044~ SAP? 1:4a-ea itsi and duI rkp %low moidiJ *roia!xf•Mwt SIKIVATU ` : JAMES VALPC I-IAI PRESII ENT O4d24f2C23 Electron. Signature of Signirg OFr cr,'Ereriar DDied aatc 2022 F LOA IDA PROFIT CORPORATION ANNUAL REPORT 00ICLirti•1ENTT Po300U13 '24 Entity Narne: TEXAS AQUATIC HARVESTING, INC. Current Principal P lace of Business! 2 SEAO0ARrt AVE LAKE 'WALES Ft 33853 Current Mai long Address POST OFFICE BOX 4034 tAKE WALES_ FL 3385 -4034 F El Number: 20-039 B i 9 Name and Address of Current Rc9Islered Agent: $ IEI EL.'LFTRERA. P,A WMw 221117 5T 4TM FLOOR MbLML rL Wi45 �k5 FILED Apr 24: 2023 Secretary of State 35144363g8CC Ccrliflc3te of Status Do red: too aitewe NNW I). L.[ma Iro Arlikkl-erg :wp.'paaa arr+ant' ,np[It r }sfueedafct mg. sFaradavtru a;°: Sra errtfF. rb SIGNATURE: Bun:Dire Sag9a ura of Rtrigmluittil Agent Oa:r OrticerdDIrecIor Detail T rttd PSTD N in1O VAUGHAN. JANIE$ P bdiroi5. 2 SEABOARUAvE Oily 5135� Grp LAKE WALES FL 33B53 i rim.rq° ra&r/rsl er riot rani am, ii° r,]°� .rt#wr l r'• F +irr+M .rif~r 4r° Midi .r I .* 101,71arlr 104r .'y fire. eu.t ri.s Liu irow Oro le NO. wk.w 0e ar+'r4rT 'lrvr 40 Mkr ilk,'" Or MO FOP OW1,0++'n.3 b •, acr y mar rOV"T ■1 Wed 01,17 r.i cAiirP rat 143x+a ttrtti ref dLI fkg '°+r'N iH'rtinJ al.:r. 4y .1,-,1:4"AWILe SIGNATUIR - : DAMES VAIJC IiAt4 PRESIDENT 0 4d24f2C2• E4errrDn.= Signature of Sigrurg 1:Ificer.,121ruelur Data{ SUBSTITUTED rDen rpre.€Icy MEI 4r erke Peoria Seem'_. Request for Taxpayer Id antl1ioateon Number and Certification 1 G Id maw. iragoadforindfa. Ice inillnaeLJprli and 1114 Idlest inf rrmatlort Nam/ 1113 rrwrnrt .YL Ie JJ ar+earnr rim 1%11—J -ti r■. . rri Fn Ih. T Ira, # r-ql U ... L- i I r•r L'Ark. .•..I neer.'II yr ar 630 rinLity nailing, l ij'lMRy' ROM Ptii reuse Aquatic Harvesting, Inc 1 GniKb. 600,up'ulr her I If4r4111. ciayseKMairk Q l4 panda erase Hall IS ji 4. iil r't 1 G' h:.I calyces all Pe o II'HIrr ,p wtme.1W Gr Ieq4-r7,mir r I.LC ❑ Uinta! ! %t, t dray Effie. The Ira 1A*411S +IC C dale, 5=S ca'D+ elmerr. P .jI hn{ r Natr:C 'ha apeleptialtI in Marne ilxrri keire la, i`im1.1Keon erlr.*i?IL• i.duLor rallo +. D +'yrtslack L1.G r111'4 .LC rI tlztiid .1.11011144-redierftirLtG 4 iI re 1 wheel +l From The Dare? welrsa tite ewer or Lhe t.LC rr e debt+ ULG Trot .s nei drsnrpirldre Poe rid ewer Ia u $ i ro LLar, pirperer Ote r t4*, I -d tires V Luc aArl#irdeo I} . IJI erN4if "ARM aback tJ4a appree.natr LW z isr dYi LLs aliShciieal del $f I1 ~Or. CIlhe+.;144 minx atlj le C Cu■Fwibea ❑ piialn.riar ❑ in,r1#rarir 3 t.,ti If.,rnb« 11rfi 1. and WI. er 1hiFI reed I Sar1 kd1n C14.11 2 Seaboard rd Ave i ^�•1y Ira, pr.d t1r rase Lake Walet., Ft, 33053 i ira metre r7 Iwe I'eRru',r4 'taxpayer ICCr'itlfl-.atiOrr Numbor {n141 €rnpr y44r 3314 raSrileaProgirWer ties. The TIt,1pravlWed muse main theemanse Vier! Gr+1ia 1 I®awed bac4urp. wrdnhr92drrg. Sot +ere viduil, lhi* I} glfwwatly taw+ le.!L ran ripef 1S5KI1 ' •r.$>! Fe- rot Me; .* alienprO lead r, or dlsrai}arded entit .. sae Lhre ealrue:torws Inn tart I, IaI alh rr rr'Llrt•irie 1 is year iireopyir rd#'+17LrrCit ikkerlblrF %I m, Ir yft 0D faOl him' i tluf'ratr. : •hloor rr.7 Q t a IN tale*. �IIIRtJ 11 IPL# .114Ceost rt Ih ewe leant ore ease. ill• In# rnzlt7nren>dil rot lama 1. L4'irrs044' TO Grin! mat Adtapi Tier for gotrilohnes Vtti wrlpsp r n traf Id War. Fart Ik r1i IcatIon lJi dei Gdn*hMl ar cowry,' wilily that: 1. The number shawls reel tlrx3. Ier rn ■x eery &Ma Ialtone ` i oeViid - tMldRlbiir Dot I Nisi wailing ter a ferftber CO be Itsued la rr e); end Z. I drn nal subject Io backup velh aktrii besaus 1I am If • t 1r bitiveo eighbeitaing, tP ibl I II.e nti' trten r'rpblksel Via Rovoro.ir SLn ces r IRSt 1 ai twit sticiettio tamiveirrautaatna 14.1 Of SIAM C MOOR leditreIe Of Yr11@r+d'J. or r0 trd IRS nix no1+IIed roe that I am aO rar=ppr il,,$f of 1O Oxlu+p vx,lr,hc4d rig. and a i am a U.S. crdibft oi Olt U.S. period (OsIredd bedew a The FAT A coder* ir1ired on 11-..s Farm 11 any) °*Imp • Mot 1 Fmk srirnp•1 from 1 IkT A reporting 1s coast +� Mom• liniteortiord Greer Fa n-ri la the e(wester. Do no send to the IRS we* deer Io edr sktels, tee Pow III tedo awl ban rank readfleV odeIavii Mind and adi-ks Irsul anY1 Crtiiirte,ate L Irdlrur:®tera. YaLr r-iast reps eul deem. you haw* Wed to'wool all intern" aril elraKlOtar"! acgwsit ri el I4 I* Co esseety. tihar IIS$rL rnlirkrst.rcl brew:feedsr yore are nal r Sign Here tairuhr• or U.S pfrign. General Instructio rrgrl naierencds are la Ihr Ir 1 FhlhnleYt CW* li aall.01Fra ir+Iri n et & ? • , .b II rwae been not.Re+d'by the IRS 'that you. are c=franrtly° s.itloci ta IQeekve. oprittaiadngbscarr>r I .z irr,i-ii FIN find 01144 Rder4aeleMa. dim 2 e*es rziI applrr. Foi mortgage inIlresi pA.p- c*Ialrt3n ¢i drht caranbLibcprii1o.in in¢ti'ld,µl rati&n 'il err. ngf+riff1 I1Rki}. ar►1 iteneraay. pa'yr Lela to sign Ire tart acelw, WI We/ muse preslda yeti, ccrrecE Till. Sae the rnstrue Deers k■ RBrI b. Mutt dowe101arnarnle. For ri1411h g Iu Eaten f1• t and ▪ w they ware pubk. Purpose of Lononelvidlialll alfgrr+naatta5 . II graft Ia1�r1 41r:61tilthCa1 Nampa Oteeleoderita rlslrICl■ h8. six -het II9 J.Vdf erected go e& wI►w us yry+r1,p'ormW9 beat Dale w•9 rWalLo iLlri who I! Id arI with Mae IFI5 mu4.e'Lb1a•n 4crur [Earned Iekpap^a+• 'rFwM ma), L•e yDLI Surat IMIk i11.1n6e* IIk06P}r i kdesrllihcalFan numb theft SfIletPdien number LATIN:. or inlpee}yrr kltritl caber. rlwnb,I repAil HIMrrna!spr rerjLr7 ihs t,•rirlent potato you Er clthdr r +li pri el, orlerrn.pli n i iva n, EAarnplrs of inIorrnalron i illCkr�s but wi I`DI tmtpS1 Id. WA fdllaereng. ems iffleig lierlarusl earned a p kdl Cr no 023ix +"Form 1 1:19g-Drd rdra figs, 1 1tg MeV* Vern seeds c1r mil * .Form 11399-MIS (mat10r.. MIMI Ol lraf,hrr'Li, prizes. award*, ar grlksi pr *Feed'. it)99-E (hack O+ rMtiluai fdnd solos and ca1'1. r5 purse Iransarlrerrls brdhrlrii ■ farm 1099-S livxeedsIrom rfal.slatb hrarrItaelr ) ✓ iGirM1 $1/911-f{ (Nierctiafll card and third part; network IrJrnsllet tsl F.Foffn i11 1 !llama rrlrrrIgner LteitSII. 5046•€ (student loan interesll, 1 -T (toile ° ▪ =Fttirrril IOW-C {t red �deb11 ■ IC IQM.A [KW Imee. or dbehdaerr•e■'1I o1 secured property' Usti Farm 4tW•9 d you we a LI_S. Nino!) (oxlip:109 a resident &tent, La p!rsrilde mar camTRd, Arleen do eird /Nitro rem Wr 9 aft J F?* spgt p.y for "rah a frvirpt 4:111' entreat to &Nikita teirAtioilang. See What :s batkup wlltrlltgl, rrli- lrJar. Fc W-$ jRur qi. Q1FGr SUBSTITUTED (fittar cif tit imni ANNIE l"EREZ, CPO AR1HUH NcHIEGA V cro d ' ADDENDUM NO. we. in43.86 June 23. 2023 Inwitgitl#n for ELIO ("IFE" j, mil Cleaning $e.vIce. TO: AU. PROSPECTIVE BIDDERS The following charge., ddul(Orss, c1ariricj1ioris, and deletions amend 1r R IFS rrlerL15 of I;he above captiontid FPS Arid shall become an integral pari of the Guntraci cumertlg. Daleliohs of contract ianquage wiII be specified nereo, Bord words andror figures shall .° adds. The remaining pwvisic'n5 ana now in erred and remain unchanged. Please note 'ha !enls herein. reiteci same on The documents you hove on hand A. Attachment .1 r Affidavit �tRespo.ns has bee oIetetf in its entirely end replaced with Attachment J {Revised). cerlificatiin Slalement in -nation Affidavit, B. Exhibit A - IFQ t 7 3B+ - Canal Cleaning Se ces El id Submittal Checklist is hereby added. ALL OTIIER TERMS AND CONDITIONS OFT .' IFS REMAIN THE SAME, THIS ADDENDUM IS AN ESSENTIAL PO ' ON OF THE I F B AND SHALL EI E MADE A PART THEREOF, Annio Pena CPPO Direcicr. Ch let Procurement Officer Cily or Miami Procurement Department AP;tg c. Juvenal Santa ► s P E., Direcl'r, Public Works YaidisSa A dercn, CPPE9, Assistant Directly d' Ripacurernen1 This Adiden m .h llbe signed b'j an authorized representalive and daled by the Bidder and subrnittes prOof 'r receipt with thei suirrlISsIon of trre Bid. E OF FIRM: i r't ',S /r n , c DATE: IQNATI!RE, ATTACHMENT.1 ��kesri cell SUBSTITUTED INVITATION FOR BII q"IFB") NO. 17D43B6 FOR CANAL CLEANING SERVICES CERTIFICATION STATEMENT AFFIRMATION AFFIDAVIT I, Tely r . Y btJ149 PF$$1LE1IT'CE0 OF 1•Corripertiy'], HEREBY CLA RE. AFFIRM AND CERTIFY TFIE (CLLOV Ex STATEMENTS 411 THE PRINCIPALS F r 3 r tie i'I I ft rk.sc 9- au I AND ISIAR€ (21 NO PRINCIPAL HAS COMMITTED F9AJUD OR THEFT, HAS FILED FOR OR BEEN THE 5.41111- r F 8AI KIIIJPTCY, HAS BEEN SUMMC'NED TO RESPOND TO CFCINIIMAL CHARGES. AGES. OR BE.EAI CONVICTED R FEDERAL OR. STATE STA` U 1 ES OF EMBEZZLEMENT: TIWIr FT, rFORDE RY. SRIELERY, FALSIFICATION OR . ESTRUCT!CN OF RECORDS. RECEIViNG ST I.1_ N PROPERTY. O : ANY OTHER OFFENSE INDI CATINO A LACE BuSINESS INTEGRITY, GOOD FAITH, OR `FAIR DEALING, AN (3) NO COMPANY REPRE$FNTA'IarE OR PERSONI~-EL RAS COMM' ITFr] FRA OR T`iEFT, BEEN StlinIONED TO RESPOND. TO CRIMINAL CHARGES E}R BEEN Cc'- 'ICTE D L IN DER DERAL OR STATE STATUTES OF EMBEZZLEMENT, THEF1. FORGERY. 'BRIBERY, FALSIH:Or`11oN L'h DT %UOtION OF RECORDS. I7ECEJVJNG STOLE11 PROPERTY, OR ANY OTHER OFFENSE INDICATING A LACK E USMIESS INTEGRITY. GOOD FAITH_ O FAIR DEALING PURSUE TO !FBI GENERAL TERMS AND CONDITIONS SECTION 1.26, ICH INCORPORATES SECTION lE-1(1? OF THE PRC UREMEIYT CODE. ALL CONTRAICTS FOR DODDS AND SERVICE LES. AND LEASES IS5L1EO erf 1'HE (;.h' $HPLL INCLUDE A CERTIFICATION THAT tiErniiER THE coNTRAcTuAL ,FRT`i !NOR ANY' CIF ITS PRINCrPAL O'AiNERS OR PERSONNEL HAVE ICE CCINVICTED OIL HAVE COMMITTED AN. O EVIOLATIONS SET FORTH IN THE FCEI"EI E► CEO IFS GENEFFAL TERMS AND CONDITION$. SECTION 1.25, IN THE Eti•+E1#T THAT THE BAR IS UNABLE TO PROVIDE S CERTIFICATION. hUT STILL WISHES TC DE CONSIDEREO FC®R AWARD THIS SOLICITATION. THE BIDDER SHALL F .KNISH A WPITTEFI EMANATION OF THE FACTS $I$ PO RT1ING ANY ExCEPTIOH TO THE RECUIRJEMEN T FOR CE RT IFICA t; THAT IT AIMS THE ElICIOIEFI AGREES TO FULLY i. OOPERATE WITH THE CIT`y IN ANY INv $TJDATIOl1 UNDERTAKEN N T11E CITY TO DETER1NINE Y1H'ETHER THE MIMEO EXCEPTION IS APPLICABLE. I SOLEMNLY Y DECLARE, AFFIRM, AND CERTIFY T T THE CONTENTS OF THIS AFFIDAVIT ARE TRUE M1140 CORRECT TO THE BEST OF 1%1'Y KNOWLEDGE. INP RmATIor• . AN S ELIE SIGNATUR RFIIITED NAIAE) —I if 141- .ao ..TB Staten FI�r Caunlyr Cul1 . t?1 PriesIdrntJC phi n r�nla QF QfX1PA11.0 PRESIDENIUCE0 dn _ 2 .3. be -We Me prorscrr lly IrI rtid x 7 .[- r ` the ex j' —70+c _ . ,L., Io me sa1h5r.3ctoraFlr proven)10 be the riarnr.+ rs lb maim Lhi . ernsiru'n fl1. arm ' &1r 1 Mal the,/ tiwci.r.tifl L1i8 tr3rrrn Ir trio purpckses herein In Inrrtar, I laeritunlir sal irk IS ,LJ M.:,i y Pupl SUBSTITUTED ANNIE PEREZ, CFPO Frotierrr r i Doitiae as of J i'tanti r1 ADDENDUM NO. 2 AR1rUR NOR EGA v IFB 1704386 July 5. 21323 Imitation for RId I'"IFE°'), Canal Cleaning SerriCeS TO: ALL PROSPECTIVE BIDDERS The fa:Mowing changes. additions, clarifcalions- and i&ie ucns amend th - F8 documents of the above caPti ,ed IFB and shall bedocne an integral part or the Contract +. ment.. Deletions of ountracil language urll he SpeCif't[J herein. Bold worcl5 andlw figures shall b ' added, The remaining previsions are rico in erre L1 nnd re slain unchanged. Please note Me F.. eras herein, reflect 5erne on 1Jie diCUMenls u ha;re on hancI, A. The closing data for this s€]1i it3rian hes ties n chart to July 14, 2023 at 4:O PM. ALL OTHER TERMS AND CONDITIONS of THE IF REfyilAIN THE SAME_ THIS ADDENDUM IS AN ESSENTIAL EORTIO F THE I F B AND SHALL BE MADE A PART THEREOF. AnniePerez, 'C P PO Ir laf:WChi©f PrOGLrrernexit Offtcef City of Miami Proc urommmnt Department AP:tg Juwer►al Sant;, P,E„ OIreaor, Res.ilienue and Public Works Yadissa A. C- q -ran, trtPP , A$$i$t8nt ()rector or Procurement Th+s Aecle'.•urn Shall be signed by an authorized repreSentative and dated by the Eidder arbd subrr i as progi of receipt with the submission of the Rid. N° E OF FIRM1g'a4 c ra 1441-4-11,e•Skri jriese DATE. ililt; 3 SIGNATURE: SUBSTITUTED eitig o laird ANNEE EE PE REZ. CPPD Pi rttrrnnrnr 0•rr tnr ARTHLJR It/OMEGA V cal R�anarp ADDENDUM NO. 3 IF B'J86 July 11, 202 Invitation for R!d ('IFib''I, Carrot Cloartitryq Servilcr TO: Alt PROSPECTIVE BIDDERS The following changes. additions, clarifications. and deletions amend 1' IFB decurryetl1S of the above captioned I FB and shall become an integral part of the Crjnlrac.t 0 u rnents. Deletions of contract language will be specified herein. Bold words andlor figures shall . a dded. The remaining provisions are now in effect and remain unchanged_ Please note the c, tents herein, reflect same on the documents you have on hand. A. The following are responses to questions posed 10 a City_ 01, Do federally funded projects need to be bonded performance bond? Al Yes. Federally funded projects will rewire a pe mance bond upon assignment of sand feed era IIy lui tied project at the time di a declared errierger7 02. Regarding tree removal, Where are the stems located and with what frequency will they be required to be carried out. Will they be done r (1 } single Tree&palm or wit! a group (x) of treesf palm s be done per request? A2. All treesfpalms to be removed wit! b mated on the canal bank. The removal will be with a "no fee - permit. The frequency mrill he as -need = ` basis. The rerrdtwal will be paid per single treefpalm- 03. Presently all Trees&Palms are innrned or pruned - Stumps treated, cut or grinder on are as needed basis at no additional cost oth_ hen actual work scopeslprices detailed on Items 1 through 4 of the IFB 977382 Canal Cleaning ervices. Vey is there a need to rue -write the ser. ces already being provided? A3. By itemizing tree/pal removal we are keeping track of 11tie amount of trees rernovedArimmed irti the cane areas. 04. Curing the Jv 8th Commissioners meeting. one of the commissioners indicated that when he drives by to work ° erg' day, he sees dirty canals. Are there any photographs indicating such conditions? Are these canwithin the existing cOntract? If sr. which canals are they? Ai. Specific • orrrmaiiorr of photos of the referenced -dirty' Canals is not available. F other i n spectior s will be icon + clad to identity such calla l s and address with the canal. cleaning contract if the canal is not un - r City jurisdiction it will be referred to the respective maintaining agency. 0.5_ ' • r such reason. as slated by the oomrrrissiener, the approval of the contract for Solicitation A 386 was poslponed so that additional work scopes or a need for additional contractors could be cussed betwvee rY the corn missroners Arid the Company to whom the contract tiva$ to be awarded. Y1 a etings were requested with all (5) commissioners on June Blh ° Two of ttrc commissioners arranged and Set up dales for meetings, the other three never responded to Our request for meetings and in the SUBSTITUTED lime lapsing, the Contract to be awarded w. 5 cancelled ani1s totality and this new If arras urgently issued.'IM A5. Pursuant to Miami CO Code Section 16.65, tad awards err oNCeSSref SSO,ON ON mrr$1 approved by Me CuI'y corruni551.an upon recornr►rer►dakhrp ity.rhe Crdy Manager The decrsaora y i ome ass ion shag be draaaL e fire Cray Cnrrarnissrarr or the Cety Manager shot? have thrfi aurfr+orrd) act any or WO bids or portforKs of bras, of I X10510fialg wth trio east br+Jaror for bailer prr*an9. - 06. for what reason was the codtitrtcl for Solidilaiiorl 1575286 cancelled and a new IFS pssued if the reasons mentioned Liyr the ccrmmea5jorier were riot indicatiare Of pertarned to, t ,' wailed AS. At the June 8, 2023. City Commission Meelinq. lh& City Commission rejecied bid eceived for IFS 1575386 Lnr Carat Cleaning Services. The City Commission di►stussion regarding errda Item ran be found a1 the PoIlomng Iin1t; Jione Coriv»rs&'+I rti Meeting. QT, It was indicated during the Prebid meeting on 6;27,23 Thal Ma I ao Imes' dders would be selected fajr 1ha contract. Are these io be iihe Primary Contractor and a Second Conlractdar or are the two contractors expected 1a carry taut the scope of mark simultaneous A7. Pursuant Lti Se'tiOn 2.€, Method of .Award, for Classification'` pa 2. Nori, FederaLiyr Funded Projects shall be awarded ND ire two (2) lowest responsive and r o ibis. Bidders wXhi Ord on a]I items on tho price sheet. Services areas shalt be assigned to thre Sucre - ul sidderi sI wig work. orders at She Ceti} s sole discretion, based Irpon the creeds of Ine Cite. In the e ril that there is a sole responsive and resoorisiblu Bidder, 1he City aL its sole discretion may awaarri services arras to the sole responsive and respan s=ble Bidder. ALL OTHER TERMS AND CONDITIONS OF THE IF REMAIN THE SAME, t704386 con1ri ct 1Q THIS ADDENDUM IS AN ESSENTIAL PORTPC F 7 I I E IFB ANLI S I -PALL eE MADE A PART THEREOF_ Arnim P idrt, CPPO OiraciorrChief Proeurdrmerit OIfikar City of Miami Procurement Department AP;19 c.. P . Director, Public Wirks Yadissa A, Carder°' , CPPS, Assoian1 Director of Prchwrement This Addendum s . I be signed by an authorized representative and dated by the Bidder and subrnit1ed a5. p • • 'f noceiril y4 Ito the 54,bmission of the Bid. NAME 0 SIG URE: 42,14 dr.kr_4," We:3 1 DATE; /, 44.3 2 SUBSTITUTED TEXAAQU-01 Arckoirc• C ERTIFi ATE OF LIABILITY INSURANCE 1 "� �"` ' 6129921122 TkIIS CERTIFICATE I$ i5$UEa A5 A VIA TIER OF INFORMATION' ONLY AND CONFiR5 HP RIUFiT$ IJPIJP THE CERTIF1C*TEHOLDER. T CERTIfICATO DOES piCri &FTIRMA.TNELY CR NEGATIVfILY AMENS EXTOL' 1R hl.TER. TJ1E CI ' A11E AFFORDED BrTINEP0 IES EIELOIN. 1HLL CERTIFICATE OF thISI,JR.ANCE DOES Ii' 1 COPOTITLITE I<i CONIRACT BETWEEN THE 155VINCI r!+15U'REFrIS}_ JIUTH 12E0 RERJ ESENTATI' E CR FIRENDuCER, API' THE CERTIFICATE POLKA. IMPORTANT. I1 Uis ctrilAcl1i ha.ld Fr li ark AborTiewhit INSURED, Ms p1aIlC las] mrlbl limo* ADDITIONAL PIISURCC pralrtslnvli IP aURRO AT QM IS ii4rAlYEE1• sr,EJrci So ii 1*rrni on t,arrdlllans 43PIhi pallty, eidalrn polrclon may raqu7ra ■n ialdaasrirr,in4 11113 err1111COa* 7a*4 not eondir Id IIu. Co.r1lrliil* hoirri r Ila lliu al such.nclw^asminlLs] kftookit Ir1#autnrs 014IC4 of Ami r 1 1E55 Ylti1 sliL4 Road 114 Longwood, FL 32750 1.0k151 AamitiC Kanopating, Inc. 2 -Si 'board 11.Mi Lake Mri.i. FL 3x1151 G.1i?T1FICATEiN MBt13. { r4.IA � 10+ 1Pik 7- i L414 pi Atlantic ro�V+y7- g1EPI�l.oc Ltlantic Spoclalix II1�UFtn GG ALICQ•Owner# linSiJranc.a ram` Groat AMI:111CM' Iniurito Mee .Prr D Westarn World In warn rJry �°`�[■ E Wl4+fA1 rnparey Pang. COMplilsr C..mp3ny REVISION NiiIIIIWi:Ok; or • enrlaned_ IJ4limen1 wl r'41� 1Qf7933 hail r 27154 15966 1E¢91 .13195 'I $ IS TO CERTIFY DAT THE. PO1.ICIE S C•4" 1r7'EURA CE 'LISTED 1110111141M NCH I .5►JEC To THE RED .44110IED AMA I CAa rOE.PCLICY OtRIrc IP.O1 E0 haO MIITNE.TANDll,IQ ANY F`iwwIM i}R OXIIINTION OF iia CONTRACT eft I-LEid I?OC+.!ANT 'MTHRESPECT TOyrlsI H THIS CERTIFICATE J.L1 r BE ittAJED QR imer olERTAIN TM€ retulkANCL ArrOgIDECI BY THE f1Dii iES, WRIELEC HEREIN IS S.JEJEC T TO ALL THE TERMS EXCIUS1045 N143CONeriTIDNS $l,rCkr i IPIEt Llair$ SILIOA11.; VA'r t BEFN ItIEDIX#15 9YIR' 01i0.14 w .r+7"L Y:''• I T'rrY l4iil iCat l5'C'Q. PIXICY Fa, alibi A I X comma/iglucomma/iglu olmikaa. LJ Y 1_ 71 —+AIs- +ir 0 i M BS1H2 �2 X ProllaiCldoln; maimed i WEL A:1117•E,`7Lr[Oil 1 ARAMPTA, Xram=.•.. 28 k'Y Tr(N +�J S 91 :. or14T X' gcam X CALIWS.41V4F MCI X I$'nt rtr41 1 GOOI rrCli I1N l iGO+0t= rowibiLanI II. T .11 is 41aMrr, I i Crsrem redo. l l- TPP'4 �+irlMral Llhbanly A E4uipmtnl Hoge DCIEHtAS pc-scpurniathi or a1`EJAT4(51 LfJCJrl ,rbJ 'r 1JUan LIi IIi!y Sublierdi envirli7s Prnarrilan 4 inti miry c rxrallr City .of Mired 11 Inrlyf.gl ai UCPT r cA Etil ER i ♦ 7' 441 aFP�iM3�� B1.4121o22 1,1.121:I22 1F1tp423 3111i7OR _ '1 5111112621 ;IJt12122 V1d2 I ubrTg SJa;N,ITaml�s LJ oI *ir#rniq urf 50,404 Ir+EpltioL L_ 1 Td JI 1,040,41PsI F B LLUT13 1.CDCI, G A oixolwal1. r _ 7J0 111.0104 1'IaRlirl' rir+ "Pllj CA:HOft',Ft hf, HLIJTL. S II MLitt L.IB + 4i15 ..R L. bdiCJait •IA.PrI ilE 3 MAIL FC•.IC+ LanT iy sibzrdeM#rbkIdi Lti141fIdJY'A*VM4d Equip aC 4 +JL RD 511, flofrecn•I PIm..4 U itlwd.+a ono'Do oilrehHIr 134e41• nrRrir,d ncludur, arilder pansy ■4Sah121022-11.040:00 Wk. eluding J041a■ AGII clrnrigiJiprOvlded ur d$rpOIICT 103 JR231121. 1•dgt 1.500.050 12909,000 danafwnalrcid ■■ risp.uds 11-h4nlly. p#I. ■nd Ault" 111aa1111y4I aiqulridlunit.r.nlnin ranlraeL city of INlidll, Dipll or 1' r nlle %lorka 1 5Vir3r1IIAMu. HMI IF reef —WWI FL 13i45 iG ORO 25 112,111143) CANCELLATION M EO{ILIS AMir {'F fl E ABOvE CEBCRIaEB F*NXIC 5 BE CANCELLED EEFOIIE THE IF7rL+IltATKIN MATE THEIE4IM15. loPlict 'ATLIL LFE GELIVERED IN AC.CQAG&M ( WITH INC POLICYF RLi ViSIirl$ AirIN4,410 niNrCTI.m9■ I>•,r1 0198E41II ACORI5 cCultPOAATrOtil, All 04111* reterwe•d. The ACO1 D CSITNI and logo gni rigi#1*rid friarhs OF AC0RD SUBSTITUTED q'.`^ 71i u Or NflidlaUlfdli R.i7 }7k L roue, IP. I X CtrikiltIIIL CIFF■I•+L LILwLrri A . r,s�a�io-vx ][ cx-_t x X 111$0111'441 fill LX . !fet/bri rl i-ndlrnu1I RC TEMA.00*I_I1_1I CERTIFICATE OF LIABILITY INSURANCE r Y F• r'a ,. THI3 C((RTIr 70.-L IS ISSUED A! A MA`!ER OF IHFEIPTw.iTIf]a,I ONLY AND O'G FERSJJ }FUCKSINN0PYTHE1}LIIr411C:Arr_EICLEIER CERTIf'ta.TE E=DE5 ilDT AFFIRI *TIMELY OR P4EQATIVELT AMEND, EXTEHO CIR ALTER THE COVERAGE AFF4RDE.a D'r HE P f E Li]1'.ti 5 se x 1IFICATE I1F INSLIR&NCE DOE % 61•CIT CCIHSTPFIJTE r t CONTRACT BETWEEN THE I9SUINO INSURER' ER' E r...T RE P.5 F 5E tiiTa,y aYE OR PRODUCER, AHD TiiE CERTIFICATE TIFIiCATE H 'LOIER. I . 011rANT: IP trii •E■atlike.. PrildiarIs. n AAEMITIONAL449 IkEU.IFri g4411,1143.1 rr-arq.I har! ADD!rFONAL IMSUPCD prcYlIlarI c II SUBRODATJON IS Ni'AIVED, subIIel I4 PI4 ti aria rndl €ena 10ms ar Ili# IJ E, *4r4in paII;I4} rrn1Jr.4iviru ire rincfr ntimrnl [Ma cifLaIral* dcri nil evnlur ILI 11F Lo t nifl.ea44 .114edir h lbw 4}r ..iv h snl ar*�rI�nllrr� fnrlanret$ OfFkt. 4 imarIrr 1 EH %Vast Sim. a4ad 11 La./v*1 A. FL,1TS4 rtiiviritt Isom Harvisilr Inv g .r+baard .4.4a 4 'heI44. FL ]]d51 g•lRi1FIICATIIFJMaEFI: T..7241.,0 oorinikime 1-67 rksuei•11.104,110.14. AtlarStlp $paVailty rnturxned ,g.mpJny UICI hArler4In4ursrrci p1ny Great AmuoJc n Ir7su4a • Cerilparry P1Pe5tarn ' krrd Iruur. ce Cairnpa ny THIS IS TiECERRA. Ti'.r.1 Tat PoLIGIES• OF *15 )R P. Lr 7(? .4i4 CHN LixtitE EE Lhl 51..ED T•1) rs MIC4C,O. TED N4ST+ei'11..s r4r 4,1ECnriFIEME10. 1 ER44 06 M.XtVt461 C12Nrn* T v° CERTfatlttE we, PE [SKIED CR 11.11AV PfRPAN4. iris I*e'SVIRAIry( AFFDR ED V' THE IC,E E 3.E'LuSti5NEI A.40I;riI*. III I4 CF SI.r{N POLICIES LIIdITE SKI 1 MAW PAW lit EN REErt C.E4 E'P r ..._ Y Irr CrWe woo,. i Iwo eLU' D LY ViVril COM, X XV115a M Ir.rllaltu4 JC +4r: © ECEL LIU € . • I !ALIC E &am 1 X ' +#fP.Nrc• 1 1115E MOM 4 gi Y.MhL•}•rF9r1701 r-•,-- ti L� r i l G r k�f�.+M I T:ti rho N.i iri rririR+Fibs IDUiii31111 ,A E Lptp minil Pinatas d]P PI d� E '• iNPPI 1141400 3112022 fPL1 RIJU JrUI NU LL PI r a rid:rrsard. I M4itrui 47 1 710-1933 SOIE f} O MOVE FCSIi ilKE FIX MY PERM TMLR f? A MEH'T warm AlESPF'ET TO wiNicag THIS ESCRiBEfT k1ERE16r! 34rECT '0 ALL THE TE 4.AS CLAIMS POLICY LIU 101.124: t 3 Orlr24Za iJ1a71t11] I rruF^',rtis'•+.',.i .MTV' r.:. Y ••+.. e r P... V. . 1. PIP fl i1�4L1LE_ L • ('. C•ibki L L5 =ti' ,•_ 'I L. S Cv7. CAUL 9'41'202 91 ]tI/} P1fLII. 14f+L'H4rtalyldF 2,664,4 Wigan Wile2011 LiiI4E.Rsedad Equip ]gp,Ofki} kiliog 1 p49,9O9 1 000.100 ESlrktrrrly .•r Or1 rui I 1 ti{te-k1rri r P II.!c.9 LII.11Iy..541411mrf c. irtti CLEF I.At'LAD 411, iltiVriallr.ow .prc.s. rd} Ineiud�E Iiianl pellet Ef85J UI2 .II,,OPF Bail iiellan d, Inds L7 r Ati termagia enilrrink . if# JH31423. elluuenLibII11y aUp1 c Ci[lrar'MIr*n1 P SEE iTTACt4ECiACORr OI Oak rig* Is .Intkidlmd undfr Palle iIR}JH2 }22 41.9 .d# LImIL e'elvrtr le nlrn#E is AdeLllanil r++Iw+td rI rrlp11c141E. 1! I+r11L412°IrtY rnd P4I p#r PEa'rr 1414U 0115 a14nn, iL.ri4m4 II. L4ti + irr city) 9P I�Iaml MIIW141nii �� r�lrrl rtr1 444 $YY 7r d Ate. EIh I'I4. _11140.fLL}ii9d -CAFECI! LLA1ION ik 11,11 Arc gr i iir Ante E I ESCAIRE E} P II I. lES BE CfmtELLED micron{ THE E»1 JITION CATE THEME' r, axrr¢r eat IPf LE1.151EciEt+ I3 ApcOnamicc 19TIN Tim' NIL!CT PS1134191004 i4I le MAW LIPIIihal dy ISM%f!•2Dt5 *CORO C D RPQRATL N, IP Llphdi re44rrid. The ACQR1 nllrrr and kaf}o arr raglOir*d marks d+.'WORD ACI RD 2 I#�1 Gmk ACCORD= aDLk.Y 11#urincg Office of ArrlarIc# r'V4ri Y kil r• t SEE PAGE 1 'SEE P%ME 1 AfIOtti4IIAL REMARKS. AGENCY CUSTOMER ID_ TEX ikAaL1-1 LOCI 1 ADDITIONAL REMARKS SCHEDULE SEEP 1 MAIM] 1:14sUUu o iaaaa.quNik- Harti+rrt4�, 2 Saat►oa nd Any L.M. *slog. FL 111$5 oc,m1,*1 SEE PAO E_L THIS f.DtylTedreAL REMARKS FOR Mi 19 A SCHEDULE TO r►CORO FORM, FORM HU EER a &CORD i®! FORM TITLE• c!,1117(is+.2+ L ibis ir• trru„r. Des crlpli rrti Operlliians,'L9c]LIgni VrI►ICI,GI. fprrri 89354 (7.101. and Pg$11C1CO Lisblliry par ir}rm'.b`.1r#1414nr1Ali I1lh*it Wariest may appals ®r r .ulred by wrIltan c..1tt tl_ *Over or 5ubrogaLlan appIles In l,ixor of City of Furl. tl•pL: Of PirtaIIc Wgfill as resp•eto LE7 nasal Llabilily par harm 031, 41117, Aufarn@1II# 1olgbII'LT pa r lflrm a§.5 3 {040) and P•ittlelafe Llait,lliiy p r Perm 41$ fCar # IMeIr 1nk9 n111 may #ppssr as rjIrod by v4iIt1en ednlract. EVANS' PLi!i 1 1 Coverage it prlrnary ante nttn-contributory at rcIpacts toe Pa1IIGId4 Ligolide Ojai *Hach • : tom WIA1433 [1J9fPi), General LI■Wiry{form atllachrdi, Arid Automobile LI bIIIly (1 ImL 11I#chtraf #t re' ul red by wrIttam ronEracl.. 30 Day Notice of Cr#t of ltiLlon eppIJ41 for any c h9 f�p�, ne b1I I Ron e r nen re n owa Goner's!' LIablII yr (form to Iaklcwi, and A1itomobIlo LlabLI11yr {tprm Ig lgilgwJ;# r OR l l a, goo v011 favor of Ifllyr of MltnnI Dip!. of Public. W k# fI F !red by wrlltrn contract ono ACOND CORPORATION. All rlihtli reeer.ud. The A COmp nam■ ■nd Laga ara reglatared mark■ Dr kCofcl SUBSTITUTED ENDORSEMENT r 11 10 Fir ii .clhed a rFd made part oil Policy. Hex 95JFR2SD22 at *Larne SpLrul1y Insurcrbc,rC.orripirry issued bu TIDCAS r4MUAilcs ii AR''i TINE. I NC. AND REF FLORIDA PROPERTIES. LLC elreslcvi O19uO1r20119 It 1•1 !well l srridtrt.13W and aprrO 11131 le;leerLI riatrnr arrsInlyrryt or ow ,o.roinfl lar (fly of Murrill, Cep( ul Public h)rthr-kilt-d Inured, he Pulrcwingap111rrs 1110 rnilurvetri.4.It named as . n l4d ikl rail Iltliurrd under ilkt pr llry. City or Pli,irrw, petit or publk Works i 1 SW rui Net J#ih Flour Mlamr. FL 33130 This Insuran(4 Is prrrtrriry Irlxlar*nci' wadi reiptket Fit lhi Toler: R al Om JSdiJluorral [inured referenced a1pvt. Irrrmtar % Ills 1+urk retlIRr!nsd Iiy [h a Named I r►'Fidrril IIt corms etl, Mild Any {Idler InturaILLC inuantairbeilby raw OiWLioartil Miuranre Li ears,eisand not coolllllauto+y Ifh till rurwe; ri With wibrk petiSurrrird 4:olieda, . is illrrrrd d thii tlUdwrirmer,L rot tilt Adel to JrktnF; cut of walk ,Indkur operatic' relevantcontrar_t oraErrrmerlt; I Infured nerertricrd all<ivtonly Je reirec s Iiabditic- r the 1arrle+l perhner11ea1 rrY corinect,I?n as irk chi. 111 AO Emil 5Ila1C cog lue j11 adoided tiro ell- Puri Insurid bey, R1a the extent h P j .h Lt required u nder Ilnt reI e4"ant isgMr2.c1 t1r aver.mrnl. Cove -rive provided hereunder Far the rh . 1StgnalI navrrd Is further subject to anal the txelilsions and I imIL7lwit 5 coa7Jined ellewhers In ails polity, Tills polity Lrlll nut Fttsute iri der 2ny eiiirm4 Jbr fly t>illlYe r !sing out or Me -sole Fault n'r 4plr negll, fervt r Di the u'ISIC�I�iIIrliurfA The maul -ion of the Add it welder [his policy al rnsl, I td i.Fiall not Increase the per occurrence artlliar zgRrega ie Lanni or LLabrlelyr Canrral amrelialt; A , ifs per: p/TO t. r it 1;trinrls Arid carldllrrsria rrmatn ivy onchanaetl AdinlIG Speculiiy Insurance Company pflhc I,uIdgiffeciivr I SUBSTITUTED g� E DOH I.:'IE �'O 14 •.r mid rn,41� pJPI orPolicy Nr3 BS.S112512 Arlaill le SKrF,lby IPIr arAnc4: Q'tlinfejn}• TEXAS AQUATICS HA 1.VLSTIJw" ' , INC' AND RIWF FI.QR FDA PR ERTI I I r 1:19101/20.18 TH15 ENf ORSEM Iti' ES THE POLICY PLEASE R A 7 CAR L FULLY IN ()TICE 1%;C EL LAT ICIN - CERT I F I CAT E'+ LnEIs I'34 DAYS] Tti rvIryjaim or} rllamnnnlsplltil,rl ii wItsrjib ll Ire1rlcSrhriulr hb1rrrK hairc eil anccllilirinxhinmai.rs-'14-9:,.C, Actlf0b".us 'Acrill nun I -at d4.l5tiL., h. rhr_ Caw: oulc i cnpy or ihke w nn4Js n.rr.(c rirtilrhicIlighttn. ra lhr .Idle r19IIr I!rokcr err ■genl. r`hrdrlr Iersnr, rw r]rganlraI rrA{I..ar 1JL)ia pn iIi iyl 4411.ti„„ tITY 01 111•+,'1L DEFT. OF PIMP. 444 SIN and •stir J!!h Floor 511arru,9 L.11L)L All c rrII•c 1c IhutJcrs wh.crc wr grc irnrrll 4r6-II*i rim arn«i Ira4r Ch cIJrarluni ra4e of Ihis Kurd 4141 iltittrvt MP days *linen rmainx F'tr1■i 1Ii th. la Wilk! mil bI !HAN. or itc-icrilml . r,-,.1 of l'oclikni IN prim !did ti} J-lr=e r•l s+:r CMrhsegkairarr of Ilhis I c+ 6. Yoh; rlrv4-e1 bk Ihrincri t41rrinrn% rq`, rrrirl ¢r and r.hoss namcaanal schkosei wIII hi; prirtodrd I I?Ic Ihrolbcc orgain! Ilse Inihlt far lhrr puora,e, nfcompl}mg prxponl Thu% nrunf cilcrn of caret Iranian n e gxI.1I y rr 4fitgriiICLIa. n cdirnculecori} [Mar [br!my 15ii fr.ri idc such noti1.0, rscirob por nrp,[Irt.r.ari(rrrli *he' Iir r.114 1144.1 iIC+rrll rill C°1Ir•a4 my mr14.5,c1++ttiItia1 4lr+ flair nt]r rm{Ia[I ertgaie ■try c1nrtlparlion 4f 11 pilho I - Cndedi<rticem 1141 M1Urlt irr tallmn i I I h'red cc dc- rlh-ri r n rfirr 5chgdh,lc, static le in bone NI. ri:hli, prorccriun under INS pftlity. A n} Fr J Ishii nlr 111111 , rhrvorrrltl Ill610 !I it Willie wild" d 114I1alt apo irulc Lti IciIZb r irn title lb larilrentri Noe ur rule •Slherr Ici rid comlirmcol. IN lhrti rri4•> ln un,,'h nr i r''I I I R A f ICIN 41411.$1.1r417 I I 11>'P ll ° ' ft1TI-IRS 11.10,1IC SPFCIAI TV 1`II4LJRF F`tNY dM+11r-mF arc' rixrddllIM kir<haIQc Jr Ellvslon al Gr a dick -on c-tents POLICY g1. E R : S JH • _ . IF 14r 0Z11 0107 ENDORSEMENT TO SECTION 1 - OVERA1iL PARr5 I. II & III AOD1TIONAL INSURED AiID WAIVER OF SUBROGATION (BLANKET) In [ In$Iderat on Qr the prern. rn al arhle this rAiIr ' is Issues_ +►d shack to Lhe twris and condibons of a poky, PI IN 119recd Itiff 1, Section V. O:enerel Cpndllloh# - Paragraph I - Who Fs .h1 leaved - l Lh+e ITam d Id Ie Orly Person ar Orgalnliatioh Mat you are atiligateti by ells TrrLirlred EOM!' diet. 10 irtDILIEFIN 35 Ad']1110 Dn1L' resp ct to liabiI ty arising #I 'your work- and orll lr wrlh retried, t ea ivSrtiret *.r. d WAN' Sebori I Coverage Peru I. III grid Lil Dt ula policy 2 It iv turINer agraa4 rhOl we wave any rl hl or recovery via may have orpalineI ashy su &Monet try:4Iva because �t parpayrnerlai rn i r 1Or `todllyr injury or 'property dar,lage' arising aul or 'your* for trial Addelonal rwlsu.,sd bul only td NI*a er I. nL Df your oblraaIil:gl tndel lt'e 14s0e4 WrItLia inG�4er 1 54tr!r.3 •sal rotarSrl erimikopoi44 1lrw,K arrhfll. IMi.,. %b h N* Mr9.14.1I9ti Ca hi P I.$MIlr ink.nr.dwill SUBSTITUTED r. r Numbed $8-85&41 59495 THIS ENDORSEMEIIT CHAIN•GE5 THE POLICY, PLEASE READ IT CAREFULLY CANCELLATION OR NONE# ENE A DESIGNATED PERSON(S) OR ORGANEAT N(S) OTHER THAN THE NAMED INSUR IL is aigici<i• This pacy.1 suticd L9lhe loLovaing coruduon II' this puLgr IS canceled! ar nonienaru , ric-4maniricl pert; 0 0f O,rGia7iZal.• all, shill hC wined d trl lead 1a lO days pour la lin c ille,dive clam el car.cel.lrtrrr if rot canceller iniOnpalarr 2. ThC rr„rnbir gar' &;rrerrn 11'1 Lh a SCH IILJLe PENDa• 1G the rIf cl.re dale it Iht LIN of Me $I.] C rrb which n4I.{C rS mailed t i leClur35 3 lonerftaLCD p I -iwal V1IF SCHEDULE treRm of ptien1 i,In, 4i e cancel roe any other ileaiofr d, wq w41 comply rriih r*quVCrnCni*� SCF1ED L Number of Days hrtatite Name Of Oesii rral*d P4r49r1[0 Or Ci,rperliliiICIPIgiI! CI TV CIF MI i 13£.T *i)P.rd5 Into enllr r app at3 JihowC,, In1+5rr ffiIl a applic*bii q, I hl +Mn44r F.rri ntM asolh r pglrrX ern-istrn-ns and candiI Malik* Addit$1 oil iW 2NO.AV'E PL 8TH 1410411411, FE 1 D.I i I I i'ulr'.d 10 complete RNI3 crraio, sCrr.' ',k w II Ire t i r.)w, in 11Fie tigclaralrlor1S P'.Ir•1al' SUBSTITUTED AUTOMATIC DESIGNATED INSURED - BLANKET COVERAGE Jarionic.bile pall ty- SECTION' II - OILtre COVERAGE Is provided Lo arly pr~as¢rl er L I1iprr truly 114 Ihae exierd such perswe or N +ganQatiainl is habit for your cOi dau arising bottom bubonic Mile t which SECTION LI - LI*U !MY COW E RIfta[ applies. U .(1.1o) The insurance provided by IMris ertdor apply to -any ex!lonsJon of SECT' ERL,4GE prgi,ided ersewhefe In 1 rnpnI does nr}i • LiA.BILITY COV• liCy+ Aig1,41e, p.:Arty limn& anti co inns apply. WAIVER OF OUR R!GHT TO REC AUTOMATrC STATUS UNDER A Automobile OD vein levied to sri}r,perforir ei erAlrly., wt waive our fight [v rmover payments mink. for bodily legion.. 4r iproperI darn age cooled by the piltcy and arising eel of Lbe gp r llran of ALHICLfflObiklb c +cadbijr the poky. in K.rd.r'ce with the burnt and candatidni a writi eon - [fact 12CMCM1 you and such personale/Wry. C1F�1. 50.1 i- 1bj Pd4c 1 el I ER PAYMENTS - SURD CONTRACT .oar Pigeh s rnti L I eraftirid thn wrn cordrael prior 1Q the occurrence wlvll tauied I. !bodily I rkJury or Po ° damage. 41h i puI y Lin ltl ]+Ind CDriglit(InS 3j phy. Put* 1fl� ThIa Endoraomant Madifl.cos Your 1t!lay Pimsa© Rawlaw 11. Careful. ADDITIONAL INSURED - OWNERS. LESSEES 'CONTRACTORS AUTOMATIC STATUS WHEN fir IQUIRED IN' A WRIT - TEN CONTRACT CON5TRLMCTrOM AGREEMENT WITH 'YOU This ondoraorrlerhL modeles Insururion prcvidodunder elm fodIDwwingi: COMMERCIAL GENERAL LIABILITY COVERAGE PST SnclIQrr 11 - Who 14 in I r1 ■ u rad Is arnandad to Include Mt iLri additional Ina : 4 any QwnVT, ECHIEnn Qr contractor for whom you Ofel perl rrming operations when yo and such person Or 0rij•21r112nlir n h ava gig rand in wrIll mg In a gontro t or Dgroem.ni lhor h pi it r! or organization h oFdvd as .pft L nJr I n.0 rcd on your policy_ Such porno n +rgonizetlon ra an adOittiar Irr jr d only w111h respect to IIaldirty tor —bodily injury", 'props, dame s or 4'oorsonat and adarortlalrrp InJury- eaused In wholr7r or In pars by:. 1, Your octs cr a -missions,. 2. The eci®- ar omissions or lhoso acting on fur berhnIf, :J_ 'Yeur work`, vs rncludvd In Vic' 'praducls • comply led hazel f`i'; In ihr4 perrVrmarnpe Qrycrur r lI rns• for the riticrals.n !new rigid. OE This Iri surenco °Mali not apply to cialini. 4ricr.li¢r dm maws s •prising n01. or the ngLs, tirrrlasion a arid?Or rionlIgenc0 OF thdlpQ , I In rod (0. +nth rcUPCIVI Ire the Insurer On afforded to Sae additional Irrarirobs, l famicrwing additional exclusion eppli&+s: This intlirtInce does nol apply cc' `�4d11} injur}r",-pfopod1y nlsmtipq r r dt'rieig or or LJio 1°elluro la fe n44 ®nrlcoi.. including" 1 , Tho preparing, approving_ +a • ailing to prepare or approve, reaps, 4h op, d revving., opinions., reports, aurweys., hard orV i ...change -r rdeiirl OF drawings and specifications; Qr 2. Supervisory_ Ir3ipwwti.n, mil:Ii iLra l {rr erlglnoorIng ecllyltc4. C. per:scrag and advertising IrJu-ry arming dug DI 'his ny profassional erofllecturoI, orliintier ng or *ur n:yring ▪ primary end Non sanirl or' FrovIuI'rt The Insurance afford Sul only if such cJal err#�rr�d. Lc the Li iretured will be, Primary Ir1'dlrreritb god NonlQn l ributory, . o rmdIQr dammgoe atiga Out of th a sole nooli jierr;v of ma Nomad e , We Ivor Or sub 0a dun PrfaYJi loll The TRANS r OF RIGHTS OF RECOVERY AGAINST OTH FRS TO US Condition 1Section IV - CQh++ ME AL GENERAL LIABILITY CONDITIONS) i.a nrncn dad by the adclllion of the following. W'a w;. 4 any right of rocovf rye wa may have against Woad who area added as additional incur, +a lay this a nderferrac n L bemuse of peyrr ainti we make for I nluryr or d afrrage ertslnp out Uf vo ongoing opra rotlor a car your week" pg.iformiati unrllpr a Cxrni rbti w.1LLh Marti. Tula walhteze .pliers only when you .are, solely negligent. Thin wakes r 0011 nisi uPPly 1Q velrrt , 'wills` ri n-air ,morons nriicing Fn lAreolo or in pnrl Out of UM seta, omissions, andlor rlo 1IQerice of 11h10e6 eddOd n . infilit4orinf Ir1 Lrroda by- thIi pncr 110mael_ rNW+SI I910,71p I SUBSTITUTED IFB 1704386 Canal Cleaning Services Attachment E - Classification 1 - Federally Funded Projects Price Sheet *complete this sheet while in excel. Spreadsheet automatically total. ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE • AL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,300 . $27,600.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY ,800.00 $33,600.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTE' $1,800.00 $7,200.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI-, • NTHLY $2,812.00 $16,872.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,500.00 $5,000.00 7 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $2,300.00 $27,600.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas wi •. the canal right of way and surface waters 12 MONTHLY $1,100.00 $13,200.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using ap• .ved weed control chemical treatment method 4 QUARTERLY $1,100.00 $4,400.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water su e of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $1,537.00 $9,222.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (lo. - , •ranches, water weeds, etc.) 2 SEMI ANNUALLY $2,750.00 $5,500.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (shop. • carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,500.00 $5,000.00 13 Seybold Canal - collecting litter, trash and debris in the banks and upland eas within the canal right of way and surface waters 12 MONTHLY $2,050.00 $24,600.00 14 Seybold Canal - mowing and trimming all overgrown vegetation in - banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $750.00 $3,000.00 15 Seybold Canal - removal and disposal of any vegetation • .struction (logs, branches, water weeds, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 16 Comfort Canal - collecting litter, trash and debris in e banks and upland areas within the canal right of way and surface waters 12 MONTHLY $5,000.00 $60,000.00 17 Comfort Canal - mowing and trimming all o • grown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $6,000.00 $72,000.00 18 Comfort Canal- spraying the banks • upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $4,350.00 $17,400.00 19 Comfort Canal - spraying th- 'aterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved e• .al 6 EACH $5,600.00 $33,600.00 20 Comfort Canal - re • . al and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$3,000.00 ANNUALLY $6,000.00 21 Comfort Ca. - - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 22 Adem. anal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface w- s 16 EACH $1,500.00 $24,000.00 23 demar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 1 SUBSTITUTED 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,50 ..00 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $750.00 12,000.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $100.00 $400.00 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1 ANNUALLY •'.00 $3,500.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MON Y $375.00 $4,500.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 i ONTHLY $50.00 $600.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of wa and surface waters 12 MONTHLY $600.00 $7,200.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas withi e canal right of way and surface waters 12 MONTHLY $50.00 $600.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaw= ..s, etc.) 2 SEMI ANNUALLY $1,750.00 $3,500.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, appli- es, boats, furniture, etc.) 2 SEMI ANNUALLY $2,750.00 $5,500.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks an. ..land areas within the canal right of way and surface waters 12 MONTHLY $550.00 $6,600.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegeton in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $400.00 $1,600.00 40 Bayfront of Rickenbacker Causeway - removal and disposal of any veget. .n obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,500.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and . - .ris in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,050.00 $24,600.00 42 Lawrence Waterway and Swell Canal - mowing and trimmi.. all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 43 Lawrence Waterway and Swell Canal - spraying th- --nks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $1,300.00 $2,600.00 44 Lawrence Waterway and Swell Canal - rem. = and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,500.00 45 Lawrence Waterway and Swell Can- removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI ANNUALLY $2,750.00 $5,500.00 46 Lawrence Waterway, Seaw- 'ortion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,600.00 $1,600.00 47 Lawrence Waterway, -wall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a on= oat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot-dee..alvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is bro, or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,100.00 $4,100.00 48 Waterfr. of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal righ way and surface waters 12 MONTHLY $250.00 $3,000.00 49 I - erfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $200.00 $800.00 2 SUBSTITUTED I/ 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY • $202.00 $808.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,501 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $150.00 300.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $8,000.00 $16,000.00 54 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY 0.00 $7,800.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTER $1,750.00 $7,000.00 56 etc) rfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, 2 A S AL- LY $1,750.00 $3,500.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $450.00 $5,400.00 58 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters QUARTERLY $50.00 $200.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal rig way and surface waters 12 MONTHLY $1,000.00 $12,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland are- ithin the canal right of way and surface waters 4 QUARTERLY $650.00 $2,600.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branche eaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland - -as within the canal right of way and surface waters 12 MONTHLY $1,000.00 $12,000.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $650.00 $2,600.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation ..'- ruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 66 Waterfront of Legion Park - collecting litter, trash and debris in the b- - s and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 67 Waterfront of Legion Park - mowing and trimming all overgro vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of y vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 73 Waterfront of Miami River (along NW South R. Drive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas withi e canal right of way and surface waters 12 MONTHLY $2,300.00 $27,600.00 74 Waterfront of Miami River (along NW - th River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks - : upland areas within the canal right of way and surface waters 4 QUARTERLY $2,254.00 $9,016.00 75 Waterfront of Miami River (alon. 1 W South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction • •s, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,500.00 76 Waterfront of Fern Isle P - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface wa 12 MONTHLY $1,900.00 $22,800.00 77 Waterfront of F- sle Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of -y and surface waters 4 QUARTERLY $1,862.00 $7,448.00 78 Waterfr• of Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$750.00 ANNUALLY $1,500.00 79 In = lation of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City ngineer. 1 EACH $1,700.00 $1,700.00 Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $400.00 $400.00 3 SUBSTITUTED 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $600.00 $600.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $1.00 $1.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $400.00 $4''.10 84 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $700.00 $700.00 85 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH '.'.0.00 $800.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EAC $1,000.00 $1,000.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 ACH $362.50 $362.50 88 Shade Tree and Stump Removal 15'-40' overall height 1 EACH $387.50 $387.50 89 Shade Tree and Stump Removal 41'-60+' overall height 1 EACH $387.50 $387.50 90 Palm Tree and Stump Removal 0'-15' overall height EACH $362.50 $362.50 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $387.50 $387.50 92 Palm Tree and Stump Removal 41'-60+' overall height 1 EACH $387.50 $387.50 93 Shade Tree Pruning 0'-15' overall height 1 EACH $362.50 $362.50 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $387.50 $387.50 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $387.50 $387.50 96 Palm Tree Pruning 0'-15' overall height 1 EACH $362.50 $362.50 97 Palm Tree Pruning 16'-40' overall height 1 EACH $387.00 $387.00 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $387.50 $387.50 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 4 SUBSTITUTED IFB 1704386 Canal Cleaning Services Attachment F - Classification 2 - Non -Federally Funded Projects Price Sheet *complete this sheet while in excel. Spreadsheet automatically total. ITEM # DESCRIPTION QUANTITY UNIT UNIT PRIC TOTAL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $ . 10.00 $27,600.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,800.00 $33,600.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUA' ' RLY $1,800.00 $7,200.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 -MONTHLY $2,812.00 $16,872.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) SEMI-$2,750.00 ANNUALLY $5,500.00 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,500.00 $5,000.00 7 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right • way and surface waters 12 MONTHLY $2,300.00 $27,600.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas - hin the canal right of way and surface waters 12 MONTHLY $1,100.00 $13,200.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, usin. -.proved weed control chemical treatment method 4 QUARTERLY $1,100.00 $4,400.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water ace of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $1,537.00 $9,222.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction .gs, branches, water weeds, etc.) 2 SEMI ANNUALLY $2,750.00 $5,500.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (sh. .ing carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,500.00 $5,000.00 13 Seybold Canal - collecting litter, trash and debris in the banks and upl- -. areas within the canal right of way and surface waters 12 MONTHLY $2,050.00 $24,600.00 14 Seybold Canal - mowing and trimming all overgrown vegetatio . the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $750.00 $3,000.00 15 Seybold Canal - removal and disposal of any vegetati. obstruction (logs, branches, water weeds, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 16 Comfort Canal - collecting litter, trash and debris . the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $5,000.00 $60,000.00 17 Comfort Canal - mowing and trimming all 'ergrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $6,000.00 $72,000.00 18 Comfort Canal- spraying the ban.. or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $4,350.00 $17,400.00 19 Comfort Canal - spraying - waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approve. • ual 6 EACH $5,600.00 $33,600.00 20 Comfort Canal - - oval and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI ANNUALLY $3,000.00 $6,000.00 21 Comfort al - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 22 Ade.- = r Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface - ers 16 EACH $1,500.00 $24,000.00 Ademar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 1 SUBSTITUTED 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,501 .1 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $750.00 2,000.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $100.00 $400.00 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,7 ANNUALLY ..00 $3,500.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONT - $375.00 $4,500.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 • NTHLY $50.00 $600.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI-$2,750.00 ANNUALLY $5,500.00 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of wa and surface waters 12 MONTHLY $600.00 $7,200.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas withi e canal right of way and surface waters 12 MONTHLY $50.00 $600.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaw= is, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, appli- es, boats, furniture, etc.) 2 SEMI ANNUALLY $2,750.00 $5,500.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks an...land areas within the canal right of way and surface waters 12 MONTHLY $550.00 $6,600.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vege on in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $400.00 $1,600.00 40 Bayfront of Rickenbacker Causeway - removal and disposal of any vege on obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,500.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and , - .ris in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,050.00 $24,600.00 42 Lawrence Waterway and Swell Canal - mowing and trim . • all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 43 Lawrence Waterway and Swell Canal - spraying t - •anks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $1,300.00 $2,600.00 44 Lawrence Waterway and Swell Canal - re al and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,500.00 45 Lawrence Waterway and Swell Ca - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI ANNUALLY $2,750.00 $5,500.00 46 Lawrence Waterway, Sea - - Portion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,600.00 $1,600.00 47 Lawrence Waterwa .eawall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a . - - coat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -de- • galvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is b . en or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,100.00 $4,100.00 48 Wate •nt of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal ri. ' of way and surface waters 12 MONTHLY $250.00 $3,000.00 49 aterfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $200.00 $800.00 2 SUBSTITUTED / 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY $202.00 $808.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,501 - 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $150.00 300.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $8,000.00 $16,000.00 54 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY 0.00 $7,800.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTER $1,750.00 $7,000.00 56 etc) rfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, 2 A S AL- LY $1,750.00 $3,500.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $450.00 $5,400.00 58 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters QUARTERLY $50.00 $200.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal rig way and surface waters 12 MONTHLY $1,000.00 $12,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland are- ithin the canal right of way and surface waters 4 QUARTERLY $650.00 $2,600.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branche eaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland - -as within the canal right of way and surface waters 12 MONTHLY $1,000.00 $12,000.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in • •anks and upland areas within the canal right of way and surface waters 4 QUARTERLY $650.00 $2,600.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation o•- ruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 66 Waterfront of Legion Park - collecting litter, trash and debris in the b- • s and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 67 Waterfront of Legion Park - mowing and trimming all overgro egetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,750.00 ANNUALLY $3,500.00 73 Waterfront of Miami River (along NW South Ri Drive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas withi e canal right of way and surface waters 12 MONTHLY $2,300.00 $27,600.00 74 Waterfront of Miami River (along NW th River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks - " . upland areas within the canal right of way and surface waters 4 QUARTERLY $2,254.00 $9,016.00 75 Waterfront of Miami River (alon. , South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction I.. , branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,750.00 $3,500.00 76 Waterfront of Fern Isle P - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface wat= - 12 MONTHLY $1,900.00 $22,800.00 77 Waterfront of Fe sle Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of =y and surface waters 4 QUARTERLY $1,862.00 $7,448.00 78 Waterfr. of Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$750.00 ANNUALLY $1,500.00 79 In "- ation of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City ngineer. 1 EACH $1,700.00 $1,700.00 80 Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $400.00 $400.00 3 SUBSTITUTED 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $600.00 $600.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $1.00 $1.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $400.00 00.00 84 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $700.0 $700.00 85 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $800.00 $800.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 ACH $1,000.00 $1,000.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 EACH $362.50 $362.50 88 Shade Tree and Stump Removal 15'-40' overall height EACH $387.50 $387.50 89 Shade Tree and Stump Removal 41'-60+' overall height 1 EACH $387.50 $387.50 90 Palm Tree and Stump Removal 0'-15' overall height 1 EACH $362.50 $362.50 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $387.50 $387.50 92 Palm Tree and Stump Removal 41'-60+' overall height 1 EACH $387.50 $387.50 93 Shade Tree Pruning 0'-15' overall height 1 EACH $362.50 $362.50 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $387.50 $387.50 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $387.50 $387.50 96 Palm Tree Pruning 0'-15' overall height 1 EACH $362.50 $362.50 97 Palm Tree Pruning 16'-40' overall height 1 EACH $387.50 $387.50 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $387.50 $387.50 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 TOTAL $ 828,717.00 4 SUBSTITUTED SUBSTITUTED 1!iit(Eau of i'tami ANNIE PEREZ, CPPO Procurement Director September 11, 2023 James P Vaughn Texas Aquatic Harvesting, Inc. 749 NW 23rd Street Miami, FL 33127 ARTHUR NORIEGA V City Manager SENT VIA EMAIL: becky©texas uaticharvesting .com RE: Notice to Cure — Invitation for Bid ("IFB") No. 1704386 - Ca - Cleaning Services Dear Mr. Vaughn: The City of Miami's Procurement Department is in the •rocess of evaluating the bid response submitted by Texas Aquatic Harvesting, Inc. ("TAH") i esponse to IFB 1704386, Canal Cleaning Services. Pursuant to Section 2.5, Bidders Minimum Requir- ents, Bidders shall hold a current certified license as a General Contractor from the State of Florid- onstruction Industry License Board for the class of work to be performed, OR the appropriate rtificates of Competency OR the State Contractor's Certificates of Registration as issued by Pal :each, Broward, Miami -Dade, or Monroe County, which authorizes the Successful Bidder(s) to porm the proposed work shall be provided with the bid response. In order to complete the award pha - of the process, please submit a copy of the license that meets one of the above requirements viemail to: Tahlia Gray at tgray@_miamigov.com, no later than close of business (5:00 PM Eastern ` andard Time) on Friday, September 15, 2023. Failure to submit the required licensing shall resul TAH being found non -responsive. Should you have any qu- tions regarding this notification, please contact Tahlia Gray via the email address provided abov Thank you for y• cooperation. Sincerely, Ann Perez, CPPO f Procurement Officer/Director of Procurement d�- RsZ0� Ron DeSantis, Governor SUBSTITUTED Melanie S. Griffin, Secretary Honda LL �. • CI `'� 96 Ik ._, _. 7l STATE OF FLORIDAGo- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU ION CONSTRUCTION INDUSTRY LICENSING BO A THE MARINE SPECIALTY CONTRACTOR HEREIN IS CERTIF " UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA , ATUTES # / _ ,.) a + i VAUGHAN, TEXAS wow AKE AP 2 dATIC SEABOARD WALES __ z __ i HARVESTING, _ , MES AVE FL 33853 _ PATRICK INC. iWeir. y *NA • • VX:"" ' �o : This is your license. LICENSE NUMBER: SCC131151907 EXPIRATION DATE: AUGUST 31, 2024 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. It is unlawful for anyone other than the licensee to use this document. Web Site Address: www. IFB Number: 1704386 Title: Issue Date/Time: Invitation for ' d for Canal Cleaning Se ices June 22, .123 SUBSTITUTED City of Miami Invitation for Bid (IFB) Procurement Dep ment Miami Riv= ide Center 444 SW 2^d venue, 6th Floor ami, Florida 33130 ov.com/.rocurement IFB Closing Date/Time: July 1, 2023 @ 4:OOPM Pre-Bid/Pre-Proposal Conference: V untary Pre-Bid/Pre-Proposal Date/Time: une 27, 2023 @ 11:30AM Pre-Bid/Pre-Proposal Location: VIRTUAL Deadline for Request for Clarifica ' n. July 3, 2023 @ 2:OOPM Contracting Officer: TAHLIA GRAY Hard Copy Submittal Loca ' n: NO HARDCOPIES SUBMITTALS ALLOWED Contracting Officer E- Address: TGRAY@MIAMIGOV.COM Contracting Officer F simile: 305-400-5019 I SUBSTITUTED 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 price We (I) certify that we have read your solicitation, completed the necessary documents, and propo 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 wners or personnel have been convicted of any of the violations or debarred or suspended as set in s- ion 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (ref- to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this sub sion is true; and we (I) further certify that this submission is made without prior understanding, agree . ent, or connection with any corporation, firm, or person submitting a submission for the same materia ., supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agr to abide by all terms and conditions of this solicitation and certify that I am authorized to sign thi ubmission for the submitter. Please print the following and sign your name: PROPOSER NAME: Aquatic Control Gro • Inc. ADDRESS: 1501 NW 37 Street, Mi PHONE: 305-546-4423 EMAIL: aquaticplantmgt SIGNED BY: TITLE: Preside mail.com i FI 33142 FAX: CELL(Optional): DATE: 06/25/2023 FAIL TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RE " ONSE. SUBSTITUTED Certifications Legal Name of Firm: Aquatic Control Group Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 03/2011 Office Location: City of Miami, Miami -Dade County, or Other 1501 NW 37 Street, Miami FI 33142 Business Tax Receipt/Occupational License Number: City of Miami Lisc# 152764 Business Tax Receipt/Occupational License Issuing Agency: City of Miami Business Tax Receipt/Occupational License Expiration Date: Sept 30,2023 Federal Employee Identification Number (FEIN): FID# 82-1946936 Will Subcontractor(s) be used? (Yes or No) If y• ., complete Attachment D - Subcontractors and submit with your bid response. Yes Please list and acknowledge all adden/addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. , 1/10/20). If no addendum/addenda was/were issued, please insert N/A. Addendum #1 June 23 3 Addendum #2 July 6, 2023 Addendum #3 July 11 2023 If Bidder has a Local Off e, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, n ' arized, and included with its bid response the "City of Miami Local Office Certification" form? S OR NO? (The City of Miami Local Office Certification form is attached to this solicitation as achment G - Local Office Certification.) Yes SUBSTITUTED IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STA ' MENT AND CERTIFICATIONS SECTION WILL RENDER YOUR BID NON-RESP 1 SIVE. • FAILURE TO COMPLETE AND UPLOAD ANY REQUIRED DOC ENTS WILL RENDER YOUR SUBMISSION AS NON -RESPONSIVE • IF ANY DOCUMENT IS TOO LARGE FOR UPLOADING, SPL THE DOCUMENT INTO MULTIPLE FILES, NAME THE FILES APPROPRIATEL AND UPLOAD INTO PERISCOPE. • CONTACT PERISCOPE VENDOR SUPPORT TOLL-FREBER 800-990-9339, OR EMAIL S2G-SUPPORT s PERISCOPEHOLDINGS.CO FOR PERISCOPE TECHNICAL DIFFICULTIES AND PROBLEMS. SUBSTITUTED General Terms and Conditions 1.0 GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18 3 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 •f the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goo estimated aggregate cost of $25,000.00 or more. services with an Definition: A Formal Solicitation is defined as issuance of an Invitation for Bid Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City o ` iami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall , defined in the same manner herein. 1.1 ACCEPTANCE OF GOODS - Any good(s) delivered under this F remain the property of the Bidder until a physical inspection and actual is accepted as satisfactory to the City. It must comply with the to specifications and of the highest quality. In the event the goods s or do not conform to specifications, the City reserves the right Successful Bidder(s)/Contractor and return the product to the Bidder(s)/Contractor's expense. al Solicitation, if applicable, shall ge of the good is made, and thereafter herein and be fully in accordance with lied to the City are found to be defective cancel the order upon written notice to the cessful Bidder(s)/Contractor at the Successful 1.2 ACCEPTANCE OF OFFER - The signed or - ctronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such e " er shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3 ACCEPTANCE/REJECTION - The C reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and , .uest re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, th- 0 irector of Procurement shall notify all affected Bidders and provide a written explanation for such rejectio e City also reserves the right to reject the Response of any Bidder which has previously failed to prope perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar na . e, and which is not capable to perform the requirements defined in this Formal Solicitation. The forego is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the ght to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at it .ole discretion, re -issue the Formal Solicitation. ype text here 1.4 ADDENDA - It s the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries ,,m prospective Bidders will be provided in the form of an Addendum. Addenda are available on the P scope Procurement Solutions Platform ("Periscope") only. 1.5 ALTE by the City. E RESPONSES -Alternate responses will not be considered, unless specifically requested 1.6 AS GNMENT - Successful Bidder(s)/Contractor agrees not to subcontract, assign, transfer, convey, SUBSTITUTED sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, an or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees throu:. and including, appellate litigation and any post judgment proceedings. 1.8 AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder(s)/Contrac agrees to provide access at all reasonable times to the City, or to any of its duly authorized representative , to any books, documents, papers, and records of Successful Bidder(s)/Contractor which are directly perti t to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptio The Successful Bidder(s)/Contractor shall maintain and retain any and all of the books, document papers, and records pertinent to the resulting Contract for three (3) years after the City makes final paym t and all other pending matters are closed. Successful Bidder(s)'s/Contractor's failure to, or refusal to corn! " with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Rig set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorpated by reference herein. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any gov- mental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of thi Contract and purchase any, and all goods/services, specified herein from the Successful Bidder(s)/Cont -. ctor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, . s regulations. Additionally, any governmental entity outside of the State of Fl► da but, within the Continental United States of America, may avail itself to this Contract and purchase any d all goods/services, specified herein from the Successful Bidder(s)/Contractor at the Contract price(s) est. fished herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -govern tal entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, . ace its own orders, issue its own purchase orders, be invoiced there from and make its own paymen •, determine shipping terms and issue its own exemption certificates as required by the Successful Bidde • s)/Contractor. 1.10 AWARD OF CONTRACT - A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contra unless modified in accordance with any ensuing Contract, or amendment. B. The award of a Contra' , where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or des' _ ee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, P ference to Businesses with Drug -Free Workplace Programs. C. The award o is Contract may be preconditioned on the subsequent submission of other documents as specifie ► in the Special Conditions or Specifications/Scope of Work. Bidder may be found non- responsi ' if such documents are not submitted in a timely manner and in the form required by the City. ere Bidder is found non -responsive, the City, through action taken by the Department of Pro . ement, will void its acceptance of the Bidder's Response and may accept the Response from the n: t lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the oods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued to e Successful Bidder(s). These documents may either be, a Purchase Order, Notice of Award, , d/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundred ghty (180) calendar days beyond the stated Contract term, in order to provide City departments ith continual service and supplies while a new Contract is being solicited, evaluated, and/or award . . If the right to extend is exercised, the City shall notify the Successful Bidder(s)/Contractor, in •ting, of its intent to extend the Contract in accordance with the existing terms and conditions for specified number of days. Additional extensions beyond the first one hundred eighty (180) day ext sion may occur, if, the City and the Successful Bidder(s)/Contractor are in mutual agreement of suextensions. F. Where the Contract involves a single shipment of goods to the City, t , 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-orde ump sum, individual -item basis, or such method of award in the best interest of the City, unless o erwise specified. H. A Contract may be awarded to the Successful Bidder(s ontractor by the City Commission based upon the minimum qualification requirements reflecte. . erein. 1.11 BID BOND/ BID SECURITY - A cashier's or cerf ' ed check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Securi ►, signed by a surety company that is licensed to do business in the State of Florida, payable to the City of ► iami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special C ditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bi s . er. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to ac' pt the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are ed to unSuccessful Bidder(s)s within ten (10) days after the award and Successful Bidder(s)'s acceptan of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing d , and no Contract has been awarded, all bid deposits will be returned on demand. 1.12 BID SECURITY FORFEI D LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bo . , when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture o he Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigaf . of damages sustained which cannot be determined at the time of award. Award may then be made to the ext lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13 BID RESPO FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted acc dingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly perm ed in the solicitation. 1.14 BRA ► 1 NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufac r.0 ers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, ction, minimum standard of design, efficiency, grade, or quality of goods only. When the City does SUBSTITUTED not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unle otherwise specified, any manufacturers' names, trade names, brand names, information or catalog num . s listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equi ► ent that meets or exceeds the applicable specifications, including without limitation the following: Equal every important attribute, to include industry quality measurable standard, quality of product, acces .ility of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete -ts of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the C. to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, eluding appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole j . ge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the .ncurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specif d, evidence in the form of samples may be requested, if the proposed brand is other than specified by the ity. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City f samples are requested by the City, such samples must be received by the City no later than seven (7) cal: dar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufer's name, brand name, and/or model number, that named item is the only item that will be accepted by e City in that particular instance. 1.15 CANCELLATION -The City reserves the right t opening/closing. In the event of cancellation, the Director and provide a written explanation for the cancellation. cancellation made in accordance with this Section. cancel this Formal Solicitation, before its rocurement shall notify all prospective Bidders ere shall be no recourse against the City for a 1.16 CAPITAL EXPENDITURES - Success 1 Bidder(s)/Contractor understands that any capital expenditures that the Successful Bidder(s)/Con tor makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a . siness risk which the Successful Bidder(s)/Contractor must assume. The City will not be obligated to imburse amortized or unamortized capital expenditures, or to maintain the approved status of any Suc ssful Bidder(s)/Contractor. If Successful Bidder(s)/Contractor has been unable to recoup its capital expentures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FO' 1 ELAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, t Bidder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the wo herein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for . - cause over which the City has no control. 1.18 COLLUSION - : idder, by submitting a response, certifies that its response is made without previous understanding, agr- ent, or connection either with any person, firm, or corporation submitting a Bid for the same goods/servi ' s, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that it esponse is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compli. ce with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations ere collusion may have occurred, and the City reserves the right to reject any and all Bids where collusio ay have occurred. SUBSTITUTED 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder(s)/Contra r understands that contracts between private entities and local governments are subject to certain laws, c, es, and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of i - erect, ethics records keeping, etc. City and Successful Bidder(s)/Contractor agree to comply with and o►.erve all applicable laws, codes, regulations, and ordinances, and to secure all applicable public appro .ls and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in . y way affect the goods or services offered, including, but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee because of race, creed, color, national origin, sex, or age with regard to, following: employment practices, rate of pay or other compensation method pplicant, or client not limited to, the and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Fo Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Enti Crimes. D. Environment Protection Agency (EPA), as applicable to this Fo r al 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 IOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA) : s applicable to this Formal Solicitation. I. City Procurement Ordinance, City Code tion 18, Article III. J. Conflict of Interest, City Code Sectio -611;61. K. Cone of Silence, City Code Secti• 18-74. L. The Florida Statutes Section 18.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Suessful Bidder(s)/Contractor will in no way be a cause for relief from responsibility. Non-complianc' with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may b- onsidered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordi ces may be obtained from the City Clerk's Office. 1.20 CONE OF S NCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon ea, Formal Solicitation once advertised and terminates at the time the City Manager issues a written recom ' ndation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solic .tions for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prs bits any communication regarding Formal Solicitations between, among others: otential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff SUBSTITUTED including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procure - -nt staff, provided the communication is limited strictly to matters of process or procedure already conta -d in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral comm cations at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the ► ami City Commission during a duly noticed public meeting; or communications in writing or by email at . y time with any City employee, official or member of the City Commission unless specifically prohibited b the applicable Formal Solicitation documents; or communications in connection with the collection of ind .' comments or the performance of market research regarding a particular Formal Solicitation by City Proement staff. Bidders must file a copy of any written communications with the Office of the City C , which shall be made available to any person upon request. The City shall respond in writing and file a opy with the City Clerk's Office, which shall be made available to any person upon request. Written comm , 'cations may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone e ' ilence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or co • . ltant shall subject same to potential penalties pursuant to the City Code. Any person having personal kno - edge of a violation of these provisions shall report such violation to the State Attorney and/or may file complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of - Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough descripf of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.c. , to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political s division, the City of Miami is subject to the Florida Government in the Sunshine (public Meeting Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no appl ation when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - B , ders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no ele. ed/appointed official or employee of the City of Miami is financially interested, directly or indirectly, i a e purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the : • der or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any ' ity employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets o apital stock in Bidder's firm. A. Bidder further within his/h himself/he general gove per rees not to use or attempt to use any knowledge, property, or resource which may be trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for elf, or others. Bidder may not disclose or use information not available to members of the blic and gained by reason of his/her position, except for information relating exclusively to ental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other n, or business entity. idder hereby acknowledges that he/she 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 further warrant that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any con t with the City, and imposition of the maximum fine and/or any penalties allowed by law. Addition.. y, violations may be considered by and subject to action by the Miami -Dade County Commission ' Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no • lation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered . ' /or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless - om any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY BIDDER - All expenses involved with the pr- , . ation and submission of Bids to the City, or any work performed in connection therewith shall be borne • - the Bidder. 1.25 DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After r . sonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for • ch party to be heard, the City Manager, after consultation with the Chief Procurement Officer an ' the City Attorney, shall have the authority to debar a Contractual Party, for the causes listed bel•. from consideration for award of City Contracts. The debarment shall be for a period of not fewer an three (3) years. The City Manager shall also have the authority to suspend a Contractual Party fr consideration for award of City Contracts if there is probable cause for debarment, pending the ' - • arment determination. The authority to debar/suspend contractors shall be exercised in accordce with regulations which shall be issued by the Chief Procurement Officer after approval by t. City Manager, the City Attorney, and the City Commission. B. Causes for debarment/suspensio Causes for debarment or suspension include the following: 1. Conviction for commissio ' of a criminal offense incident to obtaining or attempting to obtain a public or private Contr t or subcontract, or incident to the performance of such Contract or subcontract. 2. Conviction unde .tate or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of ords, receiving stolen property, or any other offense indicating a lack of business integrity or • , siness honesty. 3. Convict .n under state or federal antitrust statutes arising out of the submission of Bids or Propo • . ls. 4. V elation of Contract provisions, which is regarded by the Chief Procurement Officer to be dicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a SUBSTITUTED party shall not be considered a basis for debarment/suspension. 5. Debarment/suspension of the Contractual Party by any federal, state or other governmental tity. 6. False certification pursuant to paragraph C below. 7. Found in violation of a zoning ordinance or any other city ordinance or regulatio . nd for which the violation remains noncompliant. 8. Found in violation of a zoning ordinance or any other city ordinance or reg . tion 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 ompelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and ases by the city shall contain a certification that neither the Contractual Party nor any of its pi • ipal owners or personnel have been convicted of any of the violations set forth above or debarre• •r suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the ovisions of paragraph (a), the City Manager shall render a written decision stating the reasons fthe debarment or suspension. A copy of the decision shall be provided promptly to the Contra s al Party, along with a notice of said parry's right to seek judicial relief. 1.26 DEBARRED/SUSPENDED VENDORS - Florida debarred or suspended vendor list may n services to a public entity; may not submit a Re or repair of a public building or public work - entity; may not be awarded or perform w contract with any public entity; and may ' •t A ' entity or affiliate who has been placed on the State of submit a Response for a solicitation to provide goods or once to a solicitation with a public entity for the construction ay not submit response on leases of real property to a public as a contractor, supplier, subcontractor, or consultant under a transact business with any public entity. 1.27 DEFAULT/FAILURE TO P ORM -The City shall be the sole judge of nonperformance, which shall include any failure on the p of the Successful Bidder(s)/Contractor to accept the award, to furnish required documents, and/or to ill any portion of this Contract within the time stipulated. Upon default by the Success : idder(s)/Contractor to meet any terms of a Contract, the City will notify the Successful Bidder(s)/Contror of the default and will provide the Successful Bidder(s)/Contractor three (3) days (weekends and holi s . s excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder(s)/C' tractor to correct the default within the required three (3) days, shall result in the Contract being term ated upon the City notifying in writing the Successful Bidder(s)/Contractor of its intentions and the ective date of the termination. The following shall constitute default: A. Failur: o perform the work or deliver the goods/services required under the Contract, and/or within the ' e required, or failing to use the subcontractors, entities, and personnel as identified and set forth, to the degree specified in the Contract. B Failure to begin the work under this Contract within the time specified. SUBSTITUTED C. Failure to perform the work with sufficient workers and equipment, or with sufficient materials ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been jected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or solvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or as gnment renders the Successful Bidder(s)/Contractor incapable of performing the work in accor•ce with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material resp All costs and charges incurred by the City as a result of a default, or a default i ' urred beyond the time limits stated, together with the cost of completing the work, shall be deducted fro ' any monies due, or which may become due on this Contract to the Successful Bidder(s)/Contractor. 1.28 DETERMINATION OF RESPONSIVENESS AND RESPON BILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outli d in the Formal Solicitation. A. Responsive Bid is one which follows the requirem s of the Formal Solicitation, includes all documentation, is submitted in the format outlined in e Formal Solicitation, is of timely submission, and has appropriate signatures as required on ach document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Respo . ible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determin- . under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, . the integrity and reliability of which give reasonable assurance of good faith and performance. 1. Bids will only be consider- . from any person or firm who are regularly engaged in the business of providing the good(s)/s, ice(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfa• ery record of performance and integrity, and have sufficient financial, material, equipme , facility, personnel resources, and expertise to meet all contractual requirements. 2. The City ma consider any information available regarding the financial, technical, and other qualificati e s and abilities of a Bidder, including past performance (experience) with the City or any othe _overnmental entity, in making the award. 3. The ' ity may require the Bidder(s) to provide documentation that they have been designated as an a orized representative of a manufacturer or supplier which is the actual source of supply, if quired by the Formal Solicitation. SUBSTITUTED 1.29 DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Te and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted f Successful Bidder(s)/Contractor during the term of the Contract. Such discounts shall remain in effec or a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discount •ffered by a manufacturer to Successful Bidder(s)/Contractor will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or Formal Solicitation, or Addenda (as applicable), should be reported in writing to the Ci Department. Should it be found necessary, a written Addendum will be incorporated in the and will become part of the Purchase Order (Contract documents). The City will not oral instructions, clarifications, or other communications. o scions in the s Procurement ormal Solicitation responsible for any A. Order of Precedence. Any inconsistency in this Formal Solicitation all be resolved by giving precedence to the following documents, the first of such list being the verning documents. 1. Addenda (if applicable) 2. Specifications 3. Special Conditions 4. General Terms and Conditions 1.31 EMERGENCY/DISASTER PERFORMANCE -In the ev, t of a natural disaster or other emergency, or disaster situation, the Successful Bidder(s)/Contractor shall • •vide the City with the commodities/services defined within the scope of this Formal Solicitation at the p • e contained within Bidder's response. Further, Successful Bidder(s)/Contractor shall deliver/perform for e City on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT -The Bid Contr t consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidd . s Response and any written agreement entered into by the City of Miami and Successful Bidder(s)/Contr tor, and represents the entire understanding and agreement between the parties with respect to the eject matter hereof and supersedes all other negotiations, understanding, and representations, if any, . . de by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or change • . ny of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, inding any addenda, and then the Bid shall control. This Contract may be amended only in writing by the through the City Manager. 1.33 ESTIMATED QUANTI only: (a) estimates are based (b) the City may use these include possible additio profit entities utilizing during the Contract award of the Con meeting specifi prices in this 1.34 EV S - Estimated quantities or dollars are provided for the Bidder's guidance the City's anticipated needs and/or usage during a previous contract period and timates to determine the low Bidder. Estimated quantities do not contemplate or quantities that may be ordered by other government, quasi -government or non - is Contract. No guarantee is expressed or implied as to quantities that will be purchased nod. The City is not obligated to place an order for any given amount subsequent to the ct. Said estimates may be used by the City for purposes of determining the low Bidder tions. The City reserves the right to acquire additional quantities at the prices bid or at lower rmal Solicitation. UATION OF RESPONSES — SUBSTITUTED A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1. Bidder fails to acknowledge receipt of addenda; 2. Bidder misstates or conceals any material fact in the Bid; 3. Bid does not conform to the requirements of the Formal Solicitation; 4. Bid requires a conditional award that conflicts with the method of award; 5. Bid does not include required samples, certificates, licenses; and, 6. Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in th City. B. Elimination from Consideration. 1. A Bid Contract shall not be awarded to any person or firm which is i ' . nears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upo, any obligation to the City. 2. A Bid Contract may not be awarded to any person or firm whi has failed to perform under the terms and conditions of any previous contract with the City ► failed to deliver on time, under contracts of a similar nature. 3. A Bid contract may not be awarded to any person or fi ' who has been debarred by the City, in accordance with the City's Debarment and Suspension dinance (Section 18-107), or is currently debarred by the State of Florida or any political subd. sion, or is on the convicted vendor's list per Section 287.133, Florida Statutes. ay reject, and/or est interest of the 1.35 EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in t. Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special nditions shall be cause for a Bid to be considered non- responsive. 1.36 FREIGHT ON BOARD (F.O.B) STINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed b e Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejeon of Bid. 1.37 FIRM PRICES - The Bid throughout the duration of the will remain firm for the peri warrants that prices, terms, and conditions quoted in its Bid will be firm id Contract unless otherwise specified in the Formal Solicitation. Such prices of performance, or resulting purchase orders, or Bid Contracts. 1.38 FLORIDA MINI ► M WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida imum Wage. In accordance with the Constitution of the State of Florida, Article X, Section , employers shall pay employee wages no less than the minimum wage for all hours worked in Flo da. Accordingly, it is the Successful Bidder(s)'s/Contractor's and their subcontractor's resp, sibility to understand and comply with this Florida minimum wage requirement and pay its e , .loyees the current established hourly minimum wage rate. This minimum wage rate is subject to ange or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Deparinient of Labor. Each adjusted minimum wage rate calculated, shall be determined and publishe by the Agency Workforce Innovation on September 30th of each year and take effect on the follow January 1st. g It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine w her any of their employees may be impacted by this Florida Minimum Wage Law, at any given p ,int in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, emp , ee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this informat at the time of bid submittal constitute Successful Bidder(s)'s/Contractor's acknowledgement and derstanding that the Florida Minimum Wage Law will not impact its prices throughout the to •f the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves t► right to request, and the Successful Bidder(s)/Contractor must provide for any, and all informa •n to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopt- a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100 00 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 the City. "Service Contract" means a contract to provide services to t City, excluding, however, professional services as defined by the "Consultants Competitive Nego .tion Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclu •ns provided by Section 18-557 of the City Code. Section 18-557. If a solicitation requires services, effective on nuary 1, 2017, Contractors must pay to all its employees, who provide services, a living wage '. no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, wi ► ealth benefits. This language is only a summary of the , y provisions of the City of Miami Living Wage Ordinance. Please review Section 18-557 of the C. Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND Formal Solicitation shall be gove mediation, or arbitration arising any action or proceeding each 1.40 HEADINGS AND inserted for convenient affecting in any way, V UE - The validity and effect of any Bid Contract as a result of this by the laws of the State of Florida. The parties agree that any action, of the Bid Contract shall take place in Miami -Dade County, Florida. In shall bear their own respective attorney's fees. RMS - The headings to the various paragraphs of the Bid Contract have been erence only and shall not in any manner be construed as modifying, amending, or expressed terms and conditions hereof. 1.41 HEALTH I►' URANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity at performs or assists the City of Miami with a function or activity involving the use or disclosure of ' ndividually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comp , with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami P acy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which includ- •ut are not limited to: SUBSTITUTED 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 co . itions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and in requested by the customer; rporating any amendments G. Making PHI available to the City of Miami for an accounting of d losures; and H. Making internal practices, books and records related to P available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form . method of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder(s)/ ntractor must give its customers written notice of its privacy information practices, including specifically . description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder(s)/sntractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and cos ., including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessne , negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s)/Contractor and pers s employed or utilized by Successful Bidder(s)/Contractor in the performance of this Contract. The Succes 1 Bidder(s)/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold A less for, and defend (at its own cost), the City its officials and/or employees against any civil actions, . tutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is a ged that the City, its officials, and/or employees were negligent. In the event that any action or proceed g is brought against the City by reason of any such claim or demand, the Successful Bidder(s)/Contract shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfory to the City. The Successful Bidder(s)/Contractor expressly understands and agrees that any insuranc •rotection required by this Contract or otherwise provided by the Successful Bidder(s)/Contractor shin no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers mployees, agents and instrumentalities as herein provided. The indemnifica • • provided above shall obligate the Successful Bidder(s)/Contractor to defend, at its own expense, to and rough trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defe • .e, at the City's option, any and all claims of liability and all suits and actions of every name and description hich may be brought against the City, whether performed by the Successful Bidder(s)/Contractor, or perso employed or utilized by the Successful Bidder(s)/Contractor. SUBSTITUTED These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted un► r the laws of the State of Florida, including without limitation and interpretation, which conforms t. the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s)/Contractor shall require all sub-consultant/contractor agreements to include that each sub -contractor will indemnify the City in substantially the same language as this Successful Bidder(s)/Contractor agrees and recognizes that the City shall not be held liable o any claims which may result from any actions or omissions of the Successful Bidder(s)/C the City participated either through review or concurrence of the Consultant's actions. In r or rejecting any submissions by the Successful Bidder(s)/Contractor or other a Bidder(s)/Contractor, the City, in no way, assumes or shares any responsibility or 1 Bidder(s)/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, disti for the granting of this Indemnification, the receipt and sufficiency of acknowledged by the Successful Bidder(s)/Contractor. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Bid in the spaces provided in the Formal Solicitation. Further, as m submit for evaluation, cuts, sketches, descriptive literature, tec Sheets (MSDS) as required, covering the products offered. bid, or on file with the City, will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonab Successful Bidder(s)'s/Contractor's facilities and pe to determine whether the goods and/or services re under the Bid Contract conform to the to Bidder(s)/Contractor shall make available to performance of tests or inspections by Ci made in accordance with, the provision Code, as same may be amended or su 102, providing for audits of City con as supplemental terms. 1.45 INSPECTION OF BID available until such time as bid closing, whichever is mail, to the City's Pro available on the City' provision ection. The esponsible for tractor in which iewing, approving of the Successful ility of the Successful , and independent consideration ch is voluntarily and knowingly rs must furnish all information requested be specified elsewhere, each Bidder must cal specifications, and Material Safety Data ference to literature submitted with a previous times during the term of the Bid Contract, inspect rm such tests, as the City deems reasonably necessary, ired to be provided by the Successful Bidder(s)/Contractor, s and conditions of the Formal Solicitation. Successful e City all reasonable facilities and assistance to facilitate the epresentatives. All tests and inspections shall be subject to, and f the City of Miami Ordinance No. 12271 (Section 18-101) City emented, from time to time, which, in conjunction with Section 18- tors, are applicable and are deemed as being incorporated by reference ids received by the City, pursuant to a Formal Solicitation, will not be made e City provides notice of a decision, or intended decision, or within 30 days after lier. Bid results will be tabulated and may be furnished upon request, via fax or e- ement Contracting Officer, issuing the Formal Solicitation. Tabulations are also ebsite following a recommendation for award. 1.46 INSURA E - Within ten (10) days after receipt of Notice of Award, the Successful Bidder(s)/Con ► . ctor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted e dence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special C ditions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issue of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder(s)/Contractor shall be verbally notified of such deficiency and shall hav an additional five (5) calendar days to submit a corrected certificate to the City. If the Succes 1 Bidder(s)/Contractor fails to submit the required insurance documents in the manner prescribed in the F ' al Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the S ' essful Bidder(s)/Contractor shall be in default of the contractual terms and conditions and will not be a ded the contract. Information regarding any insurance requirements shall be directed to the Risk Manage t Director, Depaitinent of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 3 ' -416-1384. The Successful Bidder(s)/Contractor shall be responsible for ensuring that the insurance • cuments required in conjunction with this Section remain in effect for the duration of the contractual ► riod; including any renewals and extensions that may be exercised by the City. 1.47 INVOICES - Invoices submitted by Successful Bidder(s)/Contractor to the C shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, . it price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Paymen • ct). 1.48 LOCAL PREFERENCE -City Code Section 18-85, states, "whe • a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or m ► e responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within f ' een percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of e aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and fi . . bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contr t award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid n the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award s be made to the local Bidder." 1.49 MANUFACTURER'S CERTIFICATION e City reserves the right to request from Bidders a separate Manufacturer's Certification of all state ' ents made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or to ation of the Bid Contract, for which the Bidder/Successful Bidder(s)/Contractor shall bear full liability. 1.50 MODIFICATIONS OR CHAN S IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Fo Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon e City, unless made in writing by the City's Director of Procurement through the issuance of a chang= order, addendum to the Bid Contract, Purchase Order, or award sheet, as applicable, or via a written am- dment by the City Manager. 1.51 MOST FAVORED ATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly . tuated local government and, in this regard, grants the City a "most favored nations clause" meaning the will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidr(s)/Proposer grants now or in the future to a similarly situated local government. 1.52 NO PAR ' ERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed a create a partnership or joint venture between the City and Successful Bidder(s)/Contractor, or to create . ' other similar relationship between the parties. 1.53 ► 0 NCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with SUBSTITUTED specifications under the direction of the Florida Depailnient of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance w specifications is public record, and open to examination thereto in accordance with Chapter 119, Flo da Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Suc ssful Bidder(s)'s/Contractor's expense. The non -conforming items not delivered in accordance with the s .ulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder(s)/Contractor bei _ found in default, in which event, any and all re -procurement costs may be charged against the default- Successful Bidder(s)/Contractor. Any violation of the above stipulations may also result in e Successful Bidder(s)/Contractor being removed from the City's supplier's list. 1.54 NONDISCRIMINATION - Successful Bidder(s) shall not unlawfully discrimin, • against any person in its operations and activities or in its use or expenditure of funds in fulfilling i obligations under this Agreement. Successful Bidder(s) shall affirmatively comply with all applicable pr' isions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by , including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all ap ► cable regulations, guidelines, and standards. In addition, Successful Bidder(s) shall take affirmative ste p to ensure nondiscrimination in employment against disabled persons. Successful Bidder(s) affirms that it shall not discriminate as to race, ag religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or menta . isability, political affiliation, or any other factor which cannot be lawfully used in connection with its rformance under the Formal Solicitation. Furthermore, Successful Bidder(s) affirms that no otherwise q ified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orie ation, national origin, marital status, physical or mental disability, political affiliation, or any other factor ich cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected e, discrimination under any program or activity. In connection with the conduct of its business, includin •erformance of services and employment of personnel, Successful Bidder(s) shall not discriminate against . y person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national o ; n, marital status, physical or mental disability, political affiliation, or any other factor which cannot b- awfully used. All persons having appropriate qualifications shall be afforded equal opportunity for emplment. 1.55 NON-EXCLUSIVE CONTRAC ' PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves right to advertise for, receive, and award additional contracts for the goods and/or services described he n, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sour s, for the purchase of the goods and/or services described herein, as may be available in accordance with t - applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and un► rstood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Co ' actor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitatio In addition, any . d all goods, and/or services required by the City in conjunction with construction projects are solicited ' er a distinctly different solicitation process and shall not be purchased under the terms, conditions a . awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best in est of the City. 1.56 "0 TICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or SUBSTITUTED technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitati to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19 • PM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to • timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and tenicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNI LITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUI' ' ENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will et give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission quirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57 OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any venture, with a business location within the City's municipal boundarie Formal Solicitation shall meet the City's Business Tax Receipt require Article I of the City of Miami Charter. Others with a location outside meet their local Occupational License/Business Tax Receipt re License/Business Tax Receipt must be submitted with the Bid; and in its best interest, allow the Bidder to provide the Occupa during the evaluation period, but prior to award. A Certifi under City regulations. 1.58 ONE PROPOSAL - Only one (1) Bid from an i rson, firm, corporation, or joint d is submitting a Bid under the is in accordance with Chapter 31.1, f the City's municipal boundaries shall irements. A copy of the Occupational wever, the City may, in its sole discretion, nal License/Business Tax Receipt to the City of Use ("CU") will be required if applicable vidual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Soliciton, unless otherwise stipulated in the Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It . understood by and between the parties, that any documents, records, files, or any other matter w soever, which is given by the City to the Successful Bidder(s)/Contractor, pursuant to the Fo Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidd: s)/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60 PARTIAL INVALIDITY - f any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any e : ent be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons •. circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provisi e. of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61 PERFOCE/PAYMENT BOND - A Successful Bidder(s)/Contractor may be required to furnish a Performance/P. , ent Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred perce (100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form ac •table to the City of Miami Risk Management Director. 1.62 P drawl ARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, s, and all special and general conditions. All bid amounts, if required, shall be either typewritten, or SUBSTITUTED manually entered into the space provided, with ink. Failure to do so will be at the Bidder's risk. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall sig the Bid, and print type or manually enter the name of the Bidder, the Bidder's address and teleph e number, on the face page and on each continuation sheet thereof, on which the Bidder makes an : try, where required. B. If so required, the unit price for each unit offered, shall be shown, and such price all include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premises, ► ss otherwise specified. Bidder shall include in their Bid all taxes, insurance, social securi (if applicable), workmen's compensation, and any other benefits normally paid by the Bidder its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. ; ased upon estimated quantity, an extended price shall be entered in the "Extended Price" column each item offered. In case of a discrepancy between the unit price and extended price, the unit pr e will prevail. C. The Bidder must state a definite time, if required, in calendar days or delivery of goods and/or services. D. The Bidder should retain a copy of all response documents for i e reference. E. All Bids, as described, must be fully completed, and typed, printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee ha ' g authority to represent the Bidder by their signature. Bids having any erasures or corrections, m be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 days pon award of a Bid Contract, the content of the Successful Bidder(s)'s/Contractor's Bid, ma .e included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be used en Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. 1.63 PRICE ADJUSTMENTS - A price decrease effectuated during the Bid Contract period, either by reason of market change, or on t part of the Successful Bidder(s)/Contractor to other customers shall be passed on to the City. 1.64 PRODUCT SUBSTI I TES - In the event a particular awarded and approved manufacturer's product becomes unavailable d the term of the Bid Contract, the Successful Bidder(s)/Contractor awarded that item may arrange with e City's authorized representative(s) to supply a substitute product at the awarded price or lower, provi ► d that a sample is approved in advance of delivery, and that the new product meets or exceeds all quality - quirements. 1.65 CONF T OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful : dder(s)/Contractor represents and warrants to the City, that it has not employed, or retained any person, o company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder /Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, SUBSTITUTED brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66 PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, disco t shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Soli, ation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage • count to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that the erms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the Ci whichever is later. When the City is entitled to a cash discount, the period of computation will commence o • he date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in pay. • nt is necessary due to damage, the cash discount period shall commence on the date final approval for p ment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of , cash discount, the City is entitled to a cash discount with the period commencing on the date it is dete r ined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will b . ccepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florida ' ompt Payment Act, as applicable. 1.67 PROPERTY - Property owned by the City is the responsibi of the City. Such property furnished to a Successful Bidder(s)/Contractor for repair, modification, stud , etc., shall remain the property of the City. Damages to such property occurring while in the possessio •f the Successful Bidder(s)/Contractor shall be the responsibility of the Successful Bidder(s)/Contractor. P .mages occurring to such property while in route to the City, shall be the responsibility of the Successful • der(s)/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bidd: s)/Contractor shall be responsible for the replacement value of the property, at the current market value, le • . depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as o . -rwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the re • • ltant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respe ve heirs, legal representatives, successors, and assigns. 1.69 PUBLIC ENTITY CRIMES - person or affiliate who has been placed on the convicted vendor list, following a conviction for a public e ity crime may not: A. Submit a Bid to provid- . y goods or services to a public entity. B. Submit a Bid on a ntract with a public entity for the construction or repair of a public building or public work. C. Submit resp ses on leases of real property to a public entity. D. Be awa . ed or perform work as a contractor, supplier, subcontractor, or consultant under a contract with . y public entity. E. . nsact business with any public entity in excess of the threshold amount provided in Section 287.017, or CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor SUBSTITUTED list. 1.70 PUBLIC RECORDS - Successful Bidder(s)/Contractor understands that the public shall have acce ., at all reasonable times, to all documents and information pertaining to City contracts, subject to the provis ns of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by e City and the public, to all documents subject to disclosure under applicable law. Successful Bidder(s) ontractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Co acts; public records". Successful Bidder(s)/Contractor shall additionally comply with Section 119.0701, Florid tatutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would .e required by the City to perform this service. B. Provide the public with access to public records on the same terms conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwi provided by law. C. Ensure that public records that are exempt or confidential an s empt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and ansfer, at no cost, to the City all public records in its possession upon termination of this Agreeme and destroy any duplicate public records that are exempt or confidential and exempt from disclos requirements. E. All electronically stored public records mus .e provided to the City in a format compatible with the City's information technology systems. IF " E CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 9, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC REC • ' P S RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC ' ' ORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIG • l .COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 4 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY AL I CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT O IS ADMINISTERING THIS CONTRACT. Successful Bidder(s)/Contract s failure or refusal to comply with the provision of this Section shall result in the immediate cancellation the Bid Contract by the City. 1.71 QUALITY OF ODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or co ' truction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be ' the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherw .e specified in the Formal Solicitation. 1.72 QUA OF WORK/SERVICES - The work/services performed shall be of the highest quality and workman ip. Materials furnished to complete the service shall be new and of the highest quality, except as otherw. specified in the Formal Solicitation. SUBSTITUTED 1.73 REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitati or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manage or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the appr. al of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder . /Contractor and the City which arise under, or by virtue of, a Contract between them; provided thin cases involving an amount greater than $25,000, the City Commission must approve the City M. ager's decision. Such authority extends, without limitation, to disputes based upon breach s f Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked .y a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual onsent, the City Manager shall promptly render a written report stating the reasons for the actio aken by the City Commission, or the City Manager, which shall be final and conclusive. A copy •f the decision shall be immediately provided to the protesting party, along with a notice of such p. 's right to seek judicial relief, provided that the protesting party shall not be entitled to such judic . relief without first having followed the procedure set forth in this Section. 1.75 RESOLUTION OF PROTESTED SOLICITATI I ' S AND AWARDS (SECTION 18-104): Right to protest. The following procedures shall be used for resolute .n of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, th= stimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrates policies and procedures of purchasing. A. Protest of solicitation. 1. Any prospective propose ho perceives itself aggrieved in connection with the solicitation of a contract may protest to e chief procurement officer. A written notice of intent to file a protest shall be filed with th- hief procurement officer within three days after the request for proposals, request for qualific ions or request for letters of interest is published in a newspaper of general circulation. A nce of intent to file a protest is considered filed when received by the chief procurement o cer; or 2. Any pros ctive bidder who intends to contest bid specifications or a bid solicitation may protest to the c ' ef procurement officer. A written notice of intent to file a protest shall be filed with the chief ocurement officer within three days after the bid solicitation is published in a newspaper of neral circulation. A notice of intent to file a protest is considered filed when received by the c • ef procurement officer. otest of award. SUBSTITUTED 1. Any actual proposer who perceives itself aggrieved in connection with the recommended award o contract may protest to the chief procurement officer. A written notice of intent to file a pro - t shall be filed with the chief procurement officer within two days after receipt by the propo of the notice of the city manager's recommendation for award of contract. The receipt by pro . . ser of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. m. , return receipt requested. A notice of intent to file a protest is considered filed when received the chief procurement officer; or 2. Any actual responsive and responsible bidder whose bid is lower than that bidder may protest to the chief procurement officer. A written notice of int be filed with the chief procurement officer within two days after receipt of the city's determination of non -responsiveness or non-responsibili such notice shall be confirmed by the city by facsimile or electr receipt requested. A notice of intent to file a protest is considered procurement officer. 3. A written protest based on any of the foregoing must be within five days after the date the notice of protest wa when received by the chief procurement officer. the recommended to file a protest shall the bidder of the notice The receipt by bidder of c mail or U.S. mail, return ed when received by the chief miffed to the chief procurement officer led. A written protest is considered filed The written protest may not challenge the relative weight of e evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity solicitation or the award is based and shall inc accompanied by the required filing fee as provid written protest and no facts, grounds, docume to the chief procurement officer at the time written protest. th specific facts and law upon which the protest of the de all pertinent documents and evidence and shall be in subsection (f). This shall form the basis for review of the ation, or evidence not contained in the protester's submission filing the protest shall be permitted in the consideration of the No time will be added to the abov: units for service by mail. In computing any period of time prescribed or allowed by this section, the day the act, event or default from which the designated period of time begins to run shall not be included. Th- ast day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in ich event the period shall run until the end of the next day, which is neither a Saturday, Sunday nor leg. oliday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the e for filing. Authority to resolv protests; hearing officer(s). Hearing office . appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. t e city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre-appro d by the city commission, to resolve protests filed in accordance with this section, no later than five wo mg days following the filing of a bid protest. The hearing officer shall have the authority to settle and resol any written protest. The hearing officer shall submit said decision to the protesting party and to the SUBSTITUTED other persons specified within ten days after he/she holds a hearing under the protest. A. Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, • ction 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of n years with a preference given to a lawyer who has served as an appellate or trial court judge. ► e hearing officer may be appointed from alternative sources (e.g., expert consulting agreeme '., piggyback contracts, etc.) where the city commission adopts a recommendation of the city a ey that such action is necessary to achieve fairness in the proceedings. The engagement of • aring officers is excluded from the procurement ordinance as legal services. The hearing officers •pointed in the pre - qualified group should be scheduled to hear protests on a rotational basis. B. Right of protest. Any actual bidder or proposer who has standing und- lorida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solic ' o tion or the protest of an award as set forth above in this section may request a protest hearing. S a written request for a protest hearing must be initiated with a notice of intent to protest follow- . by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the ac protest must each be timely received by the chief procurement officer and must comply with all - quirements set forth in subsection 18- 104(a). Failure to submit the required notice of intent t► protest and the actual protest within the specified timeframes will result in an administrative dis r ssal of the protest. C. Hearing date. Within 30 days of receipt of the no e of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at ich time the person protesting shall be given the opportunity to demonstrate why the decision o e city relative to the solicitation or the award, which may include a recommendation for award b i e city manager to the city commission, as applicable, should be overturned. The party recomme • • ed for award, if it is a protest of award, shall have a right to intervene and be heard. Hearing procedure. The procedure for any such hearing co ucted under this article shall be as follows: A. The city shall cause to be rved by certified mail a notice of hearing stating the time, date, and place of the hearing. The not ' of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the .rotester. B. The party, any i i rvenor, and the city shall each have the right to be represented by counsel, to call and examine esses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant ma related to the protest even though the matter was not covered in the direct examination, and to imp- . ch any witness regardless of which party first called him/her to testify. The hearing officer may ext- d the deadline for completion of the protest hearing for good cause shown, but such an exten .n shall not exceed an additional five business days. The hearing officer shall consider the wri • n protest and supporting documents and evidence appended thereto, supporting documents or e Bence from any intervenor, and the decision or recommendation as to the solicitation or award being rotested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and maximum of two hours for the city response. When there is an intervenor, a maximum of two ho s will be added for the intervenor. In the event of multiple protests for the same project, the heng officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of on ay. C. The hearing officer shall consider the evidence presented at the hearing. In any hearin .efore the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence sha .e excluded. All other evidence of a type commonly relied upon by reasonably prudent persons i ► p e conduct of their affairs shall be admissible whether or not such evidence would be admissible i . al in the courts of Florida. The hearing officer may also require written summaries, proffers, - idavits, and other documents the hearing officer determines to be necessary to conclude the he ng and issue a final order within the time limits set forth by this section. D. The hearing officer shall determine whether procedural due process h. .een afforded, whether the essential requirements of law have been observed, and whether the de ' sion was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a ole. Substantial evidence means such relevant evidence as a reasonable mind might accept as ade s te to support a conclusion. E. Within ten days from the date of the hearing, the hearing offi• r shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Proc ement Officer, and the person requesting said hearing a final order consisting of his/her findings o ' act and conclusions of law as to the denial or granting of the protest, as applicable. F. The decisions of the hearing officer are final in te ► s of city decisions relative to the protest. Any appeal from the decision of the hearing officer s . 1 be in accordance with the Florida Rules of Appellate Procedure. Compliance with filing requirements. Failure of a party to timely file either the ► •tice of intent to file a protest or the written protest, together with the required filing fee as provided in sub ction (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitu a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be en ► ed to seek judicial relief without first having followed the procedure set forth in this section. Stay of procurements durin , rotests. Upon receipt of a writte ► •rotest filed pursuant to the requirements of this section, the city shall not proceed further with the solic .tion or with the award of the contract until the protest is resolved by the chief procurement officer the city commission as provided in subsection (b) above, unless the city manager makes a written determi , ion that the solicitation process or the contract award must be continued without delay in order to avoid immediate and serious danger to the public health, safety or welfare. Costs. All co accruing from a protest shall be assumed by the protestor. SUBSTITUTED Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check : yable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $ ,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudge s . gainst the protestor in any administrative or court proceeding. If a protest is upheld by the chief proc ent officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less . , - costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. .. 12271, § 2, 8-22- 02; Ord. No. 13629, § 2, 9-8-16) 1.76 SAMPLES - Samples of items, when required, must be submitted within the to the City. If not destroyed by testing, Bidder(s) will be notified by the City to re expense, within 30 days after notification. Failure to remove the samples will the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING Bidder(s)/Contractor shall not sell, assign, transfer, or subcontract at the Contract itself, or any portion thereof, or any part of its operatio or encumber any portion of the performance required by this written permission granted by the City through the proper offi the City's sole discretion. e specified at no expense ve such samples, at Bidder's ult in such samples becoming PONSIBILITIES - Successful y time during the term of the Contract, , or assign, sell, pledge, dispose, convey, Contract, except under, and by virtue of ls, which may be withheld or conditioned, in 1.78 SERVICE AND WARRANTY - When specifi-. , the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must e . ain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer' arranty, if applicable, should be submitted with Bidder's response. 1.79 SILENCE OF SPECIFICATIONS - r e apparent silence of the scope of work/specifications, and any supplemental scope of work/specificatio : s to any detail or the omission from it, of detailed description concerning any point, shall be regarded meaning that only the best commercial practices are to prevail, and that only materials of first quality and ect type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope has a current contract with t Formal Solicitation, the Bi will result in disqualifica work/specifications shall be made upon the basis of this statement. If Bidder State of Florida, Department of General Services, to supply the items in the er shall quote not more than the contract price; failure to comply with this request n of the Bid. 1.80 SUBMISSIO ND RECEIPT OF BIDS - Bids may be submitted electronically via Periscope at or before, the specifi closing date and time, as designated in the Formal Solicitation. NO EXCEPTIONS. A. Facsi ► le responses will not be considered. B. F ure to follow these procedures may deem your Bid non -responsive. SUBSTITUTED C. The responsibility for obtaining and submitting a Bid on or before the Bid closing date is solely and strictly the responsibility of Bidder. The City is not responsible for delays specifically caused by any occurrence. Bids received after the Bid closing date and time, will be considered late, will rem unopened and will not be considered for award. D. Late, misdelivered, or incorrectly addressed responses will be rejected. E. All Bids are subject to the conditions specified herein. Bids that do not comply with th- conditions may be deemed non -responsive. F. Modifications/changes of Bids already submitted will be considered only if rec: ed before the Bid closing date and time. All modifications/changes shall be submitted via Pe ope. Once a Formal Solicitation closes (closed date and/or time expires), the City will not .nsider any subsequent modifications/changes which alters the Bids. 1.81 TAXES - The City is exempt from any taxes imposed by the State and/. ederal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders sh► • d be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid ontract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as a ' nded, and all amendments thereto, and shall be paid solely by the Bidder. 1.82 TERMINATION - The City Manager, on behalf of to City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder(s)/Contr tor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder(s)/Contractor is dete med by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such to • ination will be in the best interest of the City, to terminate the Bid Contract for its own convenien C. Funds are not available to cov- he cost of the contracted goods and/or services. The City's obligation is contingent upon the availlily of appropriate funds. 1.83 TERMS OF PAYMENT ' ayment will be made by the City after the goods and/or services have been received, inspected, and founto comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be ade after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection an• .cceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable la 1.84 TIMELY D ' IVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. Th ity reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made w in the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless othe ' - 'se specified in the Special Conditions. 1.85 T LE - Title to the goods shall not pass to the City until after the City has inspected and accepted the SUBSTITUTED goods or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitt- to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may b- ade for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that ' alifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified a TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title m - . ed on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challe ed in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Biddagrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorne '. fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bids s claim. 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS Bidder(s)/Contractor nor any of their employees shall perform any work, or order or purchase order is issued and received by the Successful Bi Bidder(s)/Contractor will not be paid for any work performed, or goods Contract, or any work performed by Successful Bidder(s)'s/Contracto authorized. Neither the Successful aver any goods, unless a change er(s)/Contractor. The Successful livered outside the scope of the Bid employee(s) not otherwise previously 1.88 USE OF NAME - The City is not engaged in research for i vertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publici aterials containing information obtained from the Formal Solicitation shall be mentioned, or imply th- ame of the City, without prior express written permission from the City Manager, or the City Commiss n. 1.89 VARIATIONS OF SPECIFICATIONS - Fo .urposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Sol station scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated s . their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/• .ecifications. SUBSTITUTED 2. Special Conditions SPECIAL CONDITIONS APPLICABLE TO ALL PROJECTS 2.1 PURPOSE The purpose of this Solicitation is to establish a contract for canal cleaning services, as specified he n, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2 PRE -BID CONFERENCE A voluntary pre -bid conference will be held on June 27, 2023 at 11:30 AM, via Teams •y clicking THIS LINK or via phone (786) 598-2961; Conference ID: 648832272#. A discussion of th- equirements of the Solicitation will occur at that time. All questions and answers affecting the scope of work/specifications of the ' : will be included in an addendum, that will be distributed through Periscope, following the Pre -Bid C ' ference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understand g the Solicitation requirements, attendance is highly recommended. It is the Bidder's responsibility, prior to submitting a bid, to acquaint t all conditions and/or requirements that may in any manner affect the be made because of lack of knowledge of these conditions. selves thoroughly regarding any and ork to be performed. No allowances will 2.3 DEADLINE FOR RECEIPT OF REQUEST F o ' ADDITIONAL INFORMATION AND CLARIFICATION Any questions or clarifications concerning this solicita •n shall be submitted via the Periscope Electronic Bidding System ("Periscope"), with a copy filed ith the Office of the City Clerk via email at Clerks@miamigov.com, pursuant to Section 1.20. .ne of Silence. The solicitation title and number shall be referenced on all correspondence. All questions . st be received no later than July 3, 2023, at 2:00 PM. All responses to questions will be sent to all prosp= tive bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AF ' R SAID DEADLINE. 2.4 SUBMISSION AND RECEIPT 0 SPONSE Electronic bid submittals to this IFB . all be submitted through the Periscope Electronic Bidding System ("Periscope") until the date and ti as indicated in the Solicitation. The responsibility for submitting a bid on/or before the stated closing tim- and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for lays caused by technical difficulties or caused by any other occurrence. Electronic bid submissions m require the uploading of electronic attachments. The submission of attachments containing embedded doc ' ents or proprietary file extensions is prohibited. All documents should be attached as individual files and la I ed. Any bids received and time stamped through Periscope, prior to the bid submittal deadline, shall be ac pted as a timely submittal and anything thereafter will be rejected. Additionally, Periscope will not . ow for electronic bid submittal after the closing date and time has lapsed. Bids will be opened promptly - the time and date specified. All expenses volved with the preparation and submission of bids to the City, or any work performed in connection erewith, shall be borne by the Bidder. Accordingly, Bidder: ust register, free of charge, with Periscope to establish an account in order to have access to view I SUBSTITUTED and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all bids electronically. Hard copy bid submittals will not be accepted. NO EXCEPTION 3. Must submit the Certification Statement and associated solicitation documents which de e requirements of items and/or services to be purchased and must be completed and submitted as ou ned within the solicitation via Periscope. The use of any other forms and/or the modification of Ci ►; forms will result in the rejection of the Bidder's bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your b Failure to comply with these requirements shall deem the bid non -responsive. 5. Must ensure that an authorized agent of the Bidder's firm signs the Certification State. ent and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT S LL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if bid does not conform to the terms d conditions of this solicitation. 2.5 BIDDERS MINIMUM REQUIREMENTS Bids will be considered only from firms that are regularly engaged in the bus ess of providing the services as described in this bid; and that have adequate financial support, equipmen , and personnel to ensure that they can satisfactorily provide the goods and/or services if awarded a contract .+ der the terms and conditions herein stated. The minimum qualifications for this bid are that the Successfu : idder(s) shall, as of bid due date: A. Not have any member, officer, or stockholder that in arrears or is in default of any debt or contract involving the City, is a defaulter surety of ise, upon any obligation to the City, and/or has failed to perform faithfully on any previous ntract with the City; B. Have never filed for bankruptcy, be in soun► mancial condition, have no record of civil litigation or pending lawsuits involving criminal ac ities of a moral turpitude, and shall not have conflicts of interest with the City; Have adequate mancial support, equipment, and organization to ensure that they can satisfactorily provide the oods and/or services if awarded a Contract under the terms and conditions herein stated. Bidd s shall complete, sign, and have notarized Attachment J — Affidavit of Responsibility; C. Have the same Federal Em years; yee Identification Number (FEIN) for the last five (5) consecutive D. Hold a license for th= praying of herbicide/Sonar as issued by the State of Florida's Department of Agriculture. Li se shall be submitted at the time of bid submittal; and E. Hold a curre ' certified license as a General Contractor from the State of Florida Construction Industry Li se Board for the class of work to be performed, OR the appropriate Certificates of Compete. y OR the State Contractor's Certificates of Registration as issued by Palm Beach, Brow. , Miami -Dade, or Monroe County, which authorizes the Successful Bidder(s) to perform the p',posed work. Holder of al icenses must be an employee of the Successful Bidder(s) or the subcontractor. Licenses and certificati 1 s must be provided in the bid response, including the license of the subcontractor(s). Failure to pro ' . e Licenses and Certifications shall deem the bid non -responsive. SUBSTITUTED 2.6 METHOD OF AWARD This Solicitation is divided into two (2) Classification Types. Classification Type 1 — Federally Funde Projects; and Classification Type 2 — Non -Federally Funded Projects. Bidders can bid on one or b Classifications, using the applicable Price Form(s). Pursuant to Federal Procurement Regulations, particularly 2 CFR 200.320, Classification Type 1 - " ederally Funded Projects shall only be awarded to the lowest responsible and responsive bidder who bids , all items and whose bid offers the lowest price when all items are added in the aggregate. Failure to bid ► all items on the price sheet shall deem your bid non -responsive. Classification Type 2 - Non -Federally Funded Projects shall be awarded to the two (2)1► • est responsive and responsible Bidders, who bid on all items on the price sheet. Failure to bid on all items .n the price sheet shall deem your bid non -responsive. Service areas shall be assigned to Successful Bidder . s via work orders at the City's sole discretion, based upon the needs of the City. In the event that the - is a sole responsive and responsible Bidder, the City at its sole discretion may award all service are . to the sole responsive and responsible Bidder. 2.7 TERM OF CONTRACT The Contract shall commence upon the date of notice of award and s be effective for three (3) years with the option to renew for two (2) additional two (2)- year periods ubject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a prerogative, not a right of the Bidder. This prerogative will be exercised only when such continuation . clearly in the best interest of the City. 2.8 CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the follow g: 1. Continued satisfactory performance co•liance with the specifications, terms and conditions established herein. 2. Availability of funds. 2.9 ESCALATION CLAUSE Successful Bidder(s) may request, in ting, including a justification, an adjustment of the prices submitted in the pricing schedules based on ch.. t es in the CPI for All Urban Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., no .re than 60 days, but no less than 30 days prior to the yearly contract anniversary. If requested, the p % ing schedule may be increased/decreased, if necessary, based on review of the CPI criteria listed above. . ny adjustments made will be for the following contract year and will not be combined with previous ye s that were not requested within the date parameters set above (i.e., rate increase requested within the date arameters above in 2021, if approved will be for year 2022). Should the Successful Bidder(s) not submit t i it request for any particular year, they will forgo any change in the CPI. The City may, aft review, refuse to accept the adjusted costs if they are not properly documented, increases are considered be excessive, or decreases are considered to be insufficient. In the event the City does not wish to acce p the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves th ght to cancel the contract upon giving thirty (30) days' notice to the Successful Bidder(s). The P urement Department may also, in its sole discretion, make an equitable adjustment in the contract SUBSTITUTED terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or indus not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substan • .1, and (4) the volatility so affects the Successful Bidder(s) that continued performance of the contract would sult in a substantial loss. Successful Bidder(s) might have to supply documentation to justify any r- , ested percentage increase in cost to the City of Miami. 2.10 NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise vailable in any fiscal period for payments due under this contract, then the City, upon written notice to the ccessful Bidder(s) of such occurrence, shall have the unqualified right to terminate the contract without any .enalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be , arded to any firm(s). 2.11 INSURANCE REQUIREMENTS At the time of award, the Successful Bidder(s) shall furnish to City of Miami /o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insur. ce which indicate that insurance coverage has been obtained which meets the requirements as outlined belo Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,00',000 General Aggregate Limit $2 0,000 Products/Completed Operations ,000,000 Personal Injury 1,000,000 B. Endorsements Required City of Miami listed as an additional ins Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Undergr. . d Hazard Primary Insurance Clause Endo .ement Business Automobile Liability A. Limits of Liability Bodily Injury and Pro ► rty Damage Liability Combined gle Limit Any Auto Includi I Hired, Borrowed or Non -Owned Autos Any ' e Accident $ 1,000,000 B. Endorsement equired City o iami listed as an additional insured Worker's ' ompensation A. Lim of Liability SUBSTITUTED Statutory -State of Florida Waiver of subrogation USL&H B. Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit Umbrella Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 3,000,000 Aggregate $ 3,000,000 City of Miami listed as an additional insured. Coverage is excess follow fo ever the general liability and auto policies. Protection and Indemnity Liability A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as the named insured. Pollution Liability A. Limits of Liability Each Occurrence $1,000,000 General Aggregate $1,000,000 City of Miami listed as the named insured. The above policies shall provide the Ci the insurer not less than (30) days p policy provisions. of Miami with written notice of cancellation or material change from r to any such cancellation or material change, or in accordance with BINDERS ARE UNACCEP BLE. The insurance coverage re • red shall include those classifications, as listed in standard liability insurance manuals, which most near . reflect the operations of the bidder. All insurance policie equired above shall be issued by companies authorized to do business under the laws of the State of Floridith the following qualifications: • The Co ' 'any must be rated no less than "A" as to management, and no less than "Class V" as to financ . strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Old ick, New Jersey, or its equivalent. All policies and/or cefuficates of insurance are subject to r• ew and verification by Risk Management prior to insurance approval. SUBSTITUTED Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Compliance with the foregoing requirements shall not relieve the bidder of their liability and obligation this section or under any other section of this Agreement. er If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be - sponsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) cal: dar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certifica which cover the contractual period, the City shall: 1. Suspend the contract until such time as the new or renewed certificates are r- eived by the City in the manner prescribed in the Invitation For Bid. 2. The City may, at its sole discretion, terminate this contract for cause and ek re -procurement damages from the Successful Bidder(s) in conjunction with the General and S - cial Terms and Conditions of the Solicitation. The Successful Bidder(s) shall be responsible for assuring that the incurce certificates required in conjunction with this Section remain in force for the duration of the contractual r iod; including any and all option terms that may be granted to the Successful Bidder(s). See Attachment : - Insurance Addendum. 2.12 REFERENCES Each bid must be accompanied by a list of three (3) refer- ces, by completing Attachment B - Reference Submittal Form. NO BID WILL BE CONSIDERED W OUT THIS LIST. These references must be from contracts within the last five (5) years and for services described in this solicitation. 2.13 BACKGROUND CHECKS JESSICA LUNSFORD ACT (JLA) BACKGRO . D SCREENING REQUIREMENTS: In accordance with the requirements of Secti, s, 1012.465, and 1012.32 and 1012.467, Florida Statutes, as amended from time to time Successful Bids - (s) agrees that, if Successful Bidder(s) receives remuneration for services, Successful Bidder(s) and all of it mployees who provide or may provide services under this Contract will complete criminal history checks, . d all background screening requirements, including level 2 screening requirements as outlined in the abov eferenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendme - s to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal hi ery checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from evel 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the rovisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any pro ions that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.46 , will be superseded by said statute. A non-instructio .1 Successful Bidder(s) who is exempt from the screening requirements set forth in Sections 1012.465, 10 .468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying formation against the registration information regarding sexual predators and sexual offenders maintain- " •y the Department of Law Enforcement under Section 943.043 and the national sex offender public regis aintained by the United States Department of Justice. The Successful Bidder(s) will not be charged SUBSTITUTED for this search. Further, upon obtaining clearance by City, the City may issue a photo identification badge consistent with statutory requirements, which shall be worn by the individual at all times while on City property when chi . ren are present. Successful Bidder(s) shall bear any, and all costs associated with acquiring the required backgrounscreening, including any costs associated with fingerprinting and obtaining the required photo identif ' . tion badge. Successful Bidder(s) shall require all its affected employees to sign a stat t htio, •f employment e. with Successful Bidder(s) in relation to performance under this Contract, a reeving that t ee' .loyee will abide by the heretofore described background screening requirements, and also agreeing that the ployee will notify the Successful Bidder(s)/Employer of any arrest(s) or conviction(s) of any offense ithin 48 hours of its occurrence. Successful Bidder(s) shall provide the City with a list of all of its emplo es who have completed background screening as required by the above -referenced statutes and who mee ' he statutory requirements contained therein. Successful Bidder(s) shall have an ongoing duty to maintai d update these lists as new employees are hired and in the event that any previously screened empl• ee fails to meet the statutory standards. Successful Bidder(s) shall also notify the City immediately up: becoming aware that one of its employees, who was previously certified as completing the backgro ' : check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying s ' ense. Failure by Successful Bidder(s) to notify the City of such arrest or conviction within 48 hours of bein out on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall con tute grounds for immediate termination of this Contract by the City. The failure by the Successful Bidder(s) to perform any of t' duties described in this section shall constitute a material breach of the Contract entitling the City to t: inate this Contract immediately with no further responsibility to make payment or perform any other s ies under this Contract. 2.14 CURES Please refer to Section 1.56,Notice Regarding as well as Attachment C - APM Regardin 2.15 PROJECT MANAGER Upon award, Successful Bidder(s) s designee, who shall be designated a 2.16 SUBCONTRACTOR(S) Bidder(s) must list any or al specified herein on Attach same requirements and s All information requ subcontractor(s) as workload by itsel hiring of subco hours of con eight (48) es" of the General Terms and Conditions of this Solicitation ures, for further clarification of this policy. report and work directly with Elyrosa Estevez, City Engineer, or ie Project Manager(s) for the City. ubcontractor(s) that may be utilized to assist in the performance of the work ent D - Subcontractors, if applicable. Any subcontractor(s) listed must meet the mit the same information listed under the Bidder's Minimum Qualifications section. d shall be included in the solicitation response. If Bidder does not include any of its bid submittal, it will be construed that bidder will be able to handle the entire d will not be allowed to subcontract any of the work unless it is requested in writing the actor(s) with the aforementioned requirements attached to its request within seventy-two (72) ering hiring subcontractor(s). The City will grant or deny such request in writing within forty- urs of receiving said request. SUBSTITUTED 2.17 RESPONSE TIME Successful Bidder(s) shall provide the City a contact who will be available to the City 24-hours/seven days week in the event of an urgency. Failure to respond to a service call within the specified time may result in e Successful Bidder paying any and all costs associated with the services performed by a secondary vend 2.18 COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City shal nspect and approve completed work before authorizing payment. Work not satisfactorily completed shall bedone by the Successful Bidder(s) at no additional charge to the City. The Successful Bidder(s) shall not begin work until a Purchase Order and/or a Notice to ' oceed are received. 2.19 BID BOND All bids shall be accompanied by an original Bid Bond in the amount of five cent (5%) of the total bid submitted for non -federally funded projects not inclusive of the special provisi s line item, to be in the form of a Cashier's Check or Money Order made payable to the City of Miami; a 9 , d written by a surety company authorized to do business in the State of Florida and shall comply with Sta Statute 287.0935. The bond from all unsuccessful Bidders, if in the form of a Cashier's Check or Money 1 rder, will be returned immediately after bid award. Bid bonds are not required for federally funded proje .id price sheet submissions. 2.20 METHOD OF PAYMENT Payment will be made within forty-five (45) calendar days, in ac •rdance with Florida Statutes Sections 218.73 and 218.74 of the Prompt Payment Act for services rendered e previous month, upon submission of properly certified/approved invoices. All such information shall be ovided to the City Project Manager, or designee. The City will pay the contract price minus any liqui . . ted damages and/or other damages to the Successful Bidder upon completion and acceptance. Damage caused by the Successful Bidder's employees shall be estimated by the City Project Manager, or desig and computed actual costs and repairs shall be deducted from the Successful Bidder's total monthly bill g. Each invoice shall include total cost, perc-, . (%) retainage, if applicable, proof of payment to subcontractors and suppliers with corresponding release .f liens forms and affidavits. 2.21 LIQUIDATED DAMAGES Failure to complete the project in the time stated, shall result in li assessment of liquidated da incomplete (not to exceed for additional costs inc deduct said liquidated this agreement or to due to the Succes cordance with the specifications and to the satisfaction of the City within idated damages being assessed. The Successful Bidder shall be subject to an es in the amount of $100.00 for each and every calendar day the work remains total amount of the contract), as compensation due to the City for loss of use and d by the City due to such incompletion of the work. The City shall have the right to mages from any amount due or that may become due to the Successful Bidder under voice the Successful Bidder for such damages if the costs incurred exceed the amount Bidder. 2.22 CONTCTOR TO BE REPRESENTED The Succe 1 Bidder(s), at all times, must either be personally present at the worksite or be represented at the worksite . a responsible agent or agents designated by the Successful Bidder(s) in written notice to the City prior t. e beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, SUBSTITUTED etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall be clothed with full authority to act for the Successful Bidder(s) in all cases, and to carry out any instruction relative to the work may be given by the City. 2.23 USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the aeration of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project ► anager, or designee, and shall not unreasonably encumber the premises with his/her materials. The Succe . ul Bidder(s) shall take all measures necessary to protect their own materials. 2.24 DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as no o result in damage to public or private property adjacent to the work. Should any public or private property ,e damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is pr tical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reas able length of time. (Not to exceed one month from date damage was done). 2.25 PUBLIC CONVENIENCE AND SAFETY The Successful Bidder(s) shall conduct their work so as to interfere a ittle as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense - henever necessary or required, maintain barricades, maintain lights, and take such other precautions as m.. be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages occ ioned in any way by their actions or neglect or that of their agents or employees. The Successful Bidder(s) shall meet the following noise - •atement performance standards for all construction equipment: 1. Between the hours of 6:00 PM and 8:00 AM e following day on weekdays, or at any time on Sundays or holidays, such that the sound therefrom eates a noise disturbance across and at a residential district boundary or within a noise sensitive zo ' , except for emergency work of public service utilities or by special permission issued pursuant • subsection (c) of City of Miami Ordinance Section 36-6, Construction Equipment. 2. At any other time, such that the nd level at or across a real property boundary exceeds a reading of 0.79 weighted average dBA fo - e daily period of operation. Such sound levels shall be measured with a sound level meter man tured according to standards prescribed by the American National Standards Institute. 2.26 SAFETY MEASURES Successful Bidder(s) shall e all necessary precautions for the safety of employees and shall erect and properly maintain at all es all necessary safeguards for the protection of the employees and the public. Danger signs warning ainst hazards created by their operation and work in progress must be posted. All employees of successful Bidder(s) shall be expected to wear safety eyewear, appropriate clothing, and hearing protect.'. when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operati • .1 and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property wn pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.27 IRONMENTAL REGULATIONS The City reserves the right to consider a Bidder's history of citations and/or violations of environmenta regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder ns - responsible if the history of violations warrants such determination in the opinion of the City. 2.28 ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) There are no implied or express guarantee that all Successful Bidders under this contract will reive work assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms •r any other public emergency. However, the City reserves the right to assign work to multiple Successfu : 'ciders at any given point in time, add Contractor(s) who were not part of the initial award to the contract o ' i irect Successful Bidder(s) to hire Subcontractor(s), which may or may not be part of this bid contract, to e .edite the clean-up efforts to restore normalcy and order to the lives of City residents, businesses, an general public in an expeditious manner. 2.29 ADDITIONS/DELETIONS OF SERVICES/ITEMS/LOCATIONS/S % ' LIERS Although this Solicitation identifies specific services/items/locations/supp rs, it is hereby agreed and understood that any services/items/locations/suppliers may be added/deleted •/from this Contract at the option of the City. When an additional service/item/location to the Contract is re • red, the Successful Bidder(s) shall be invited to submit price quotes for these new product(s). If prices are ..t competitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry ose items required. If these quotes are comparable with market prices offered for similar location/produc items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an adds dum and/or a separate purchase order shall be issued by the City. When additional suppliers ar- needed to provide originally contracted services/items/products, the City reserves the right to reque quotes from the market and amend the contract to include the new suppliers. 2.30 FAILURE TO PERFORM Should it not be possible to reach the Successful B der(s) or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform ac' rding to specifications, the City reserves the right to declare the Successful Bidder(s) in default of the contr t or make appropriate reductions in the contract payment. 2.31 TERMINATION FOR DEFAULT If Successful Bidder(s) defaults in it .erformance under this Contract and does not cure the default within thirty (30) days after written notice .f default, the City Manager may terminate this Contract, in whole or in part, upon written notice without - -nalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including th' excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is witho their or their Subcontractor's control, fault or negligence, the termination will be deemed to be a termina for the convenience of the City of Miami. FOR CONVENIEN The City Manage' ay terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in t .est interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, an so terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensat:. in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services , d so terminated, the City of Miami shall be liable only for payment in accordance with the payment provis ns of the Contract for those services rendered prior to termination. I SUBSTITUTED 2.32 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluateor considered, and any and all such additional terms and conditions shall have no force or effect are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadv- ently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is derstood and agreed that the General Conditions and Special Conditions in this solicitation are the on , conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bid. 's/Proposer's acknowledgment form attests to this. 2.33 PERFORMANCE BOND Prior to commencing any work, the Successful Bidder(s) may be required to submit a ' rformance Bond equal to 100% of the estimated work required (inclusive of the Special Provisions line ' em) within five (5) days after receiving a written notice from the City. This performance Bond for the sat . actory performance of this Contract. The Performance Bond can be in the form of a Cashier's Check, mad, sayable to the City of Miami; a bond written by a surety company authorized to do business in the State ' Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is c . sen, it must be written by a bank located in Miami -Dade County, be in the amount of the contract and sh' .ld clearly and expressly state that it cannot be revoked until express written approval has been given by City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a .y to the Successful Bidder(s). Performance Bonds must be maintained until all of the assigne ► ork has been completed and approved by the City in writing. If the Surety on any bond furnished by the Successful B . der(s) is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Flda or it ceases to meet the requirements imposed by the City, the Successful Bidder(s) shall within five calendar days substitute another bond and surety, both of which shall be acceptable to the City. If the Bidder cannot obtain another bond a.. surety within (5) calendar days, the City will accept and the Successful Bidder(s)shall provide an irrev. able letter of credit drawn on a Miami -Dade County, Florida bank until the bond and surety can be obtaine SPECIAL CONDITIONS ONI APPLICABLE TO CLASSIFICATION 1 - FEDERALLY FUNDED PROJECTS This section applies to all pr.; cts that are federally funded. Bidders shall use the applicable Federally Funded Projects Price S et (Attachment E) for this bid when submitting pricing. 2.34 LOCAL OFFIC ' PREFERENCE Local Office Prefer: ce does not apply to Classification 1 - Federally Funded Projects. 2.35 DECL ' TION OF A FEDERAL EMERGENCY — Applicable to Classification 1 — Federally Funded P d jects Upon the I eclaration of a Federal emergency, the City shall seek Federal Disaster Assistance as defined in the City's rocurement Code Section 18-121 titled "Procurements, Grants, Subgrants, and Compliance Utilizing SUBSTITUTED Requirements for Federal Disaster Assistance"; therefore, all canal cleaning services during such emergency, shall be provided solely by the Successful Bidder, as the lowest responsible and responsive bidder, for Classification Type 1, Federally Funded Projects. 2.36 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment be se of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will e affirmative action to ensure that applicants are employed, and that employees are treated during em ' oyment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national ori Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recrui s t advertising; layoff or termination; rates of pay or other forms of compensation; and sele, on for training, including apprenticeship. The contractor agrees to post in conspicuous plac- available to employees and applicants for employment, notices to be provided setting forth the p isions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for contractor, state that all qualified applicants will receive considera color, religion, sex, sexual orientation, gender identity, or natio e . •loyees placed by or on behalf of the n for employment without regard to race, origin. C. The contractor will not discharge or in any other manner ' scriminate against any employee or applicant for employment because such employee or applicant has inq ed about, discussed, or disclosed the compensation of the employee or applicant or another employee or . .licant. This provision shall not apply to instances in which an employee who has access to the compensate .n information of other employees or applicants as a part of such employee's essential job functions disclos,. the compensation of such other employees or applicants to individuals who do not otherwise have access e such information, unless such disclosure is in response to a formal complaint or charge, in furtherance o ` an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or consistent with the contractor's legal duty to furnish information. D. The contractor will send to each 1.. or union or representative of workers with which he has a collective bargaining agreement or other contror understanding, a notice to be provided advising the said labor union or workers' representatives of th- ontractor's commitments under this section and shall post copies of the notice in conspicuous places avable to employees and applicants for employment. E. The contractor will com ► with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and re ant orders of the Secretary of Labor. F. The contractor w furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rule egulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, r rds, and accounts by the administering agency and the Secretary of Labor for purposes of investigation . ascertain compliance with such rules, regulations, and orders. G. In th- vent of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any o e said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole SUBSTITUTED or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provid- . by law. H. The contractor will include the portion of the sentence immediately preceding paragraph provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exe regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive September 24, 1965, so that such provisions will be binding upon each subcontractor or ven will take such action with respect to any subcontract or purchase order as the administeri as a means of enforcing such provisions, including sanctions for noncompliance: ) and the ed by rules, rder 11246 of r. The contractor agency may direct Provided, however, that in the event a contractor becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the admin . ering agency, the contractor may request the United States to enter into such litigation to protect t interests of the United States. 2.37 COMPLIANCE WITH THE DAVIS-BACON ACT All transactions regarding this contract shall be done in compliance wit e Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may ► applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements o - 9 C.F.R. pt. 5 as applicable. Contractors are required to pay wages to laborers and mech. , cs at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of " abor. Additionally, contractors are required to pay wages no . ess than once a week. 2.38 COMPLIANCE WITH THE COPELAND ANTI -KICKBACK" ACT A. Contractor. The contractor shall comply wits 8 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which a incorporated by reference into this contract. B. Subcontracts. The contractor or subctractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by approp - . to instructions require, and also a clause requiring the subcontractors to include these clauses in any low tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor e ower tier subcontractor with all of these contract clauses. C. Breach. A breach of the c tract clauses above may be grounds for termination of the contract, and for debarment as a contractor 2.39 COMPLIANCE Contractor shall co regulations at 29 A. Overtime re may require mechanic i such wor times t subcontractor as provided in 29 C.F.R. § 5.12. THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ly with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor .R. Part 5. In addition: rements. No contractor or subcontractor contracting for any part of the contract work which involve the employment of laborers or mechanics shall require or permit any such laborer or ny workweek in which he or she is employed on such work to work in excess of forty hours in eek unless such laborer or mechanic receives compensation at a rate not less than one and one-half basic rate of pay for all hours worked in excess of forty hours in such workweek. SUBSTITUTED B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set fo in paragraph (b)(1) of 29 C.F.R. § 5.5, the contractor and any subcontractor responsible therefore shall be li. • e for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States the case of work done under contract for the District of Columbia or a territory, to such District or to such t- •tory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual .borer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragr .h (b)(1) of 29 C.F.R. § 5.5, in the sum of $27 for each calendar day on which such individual was requir- . or permitted to work in excess of the standard workweek of forty hours without payment of the overtime ges required by the clause set forth in paragraph (b)(1) of 29 C.F.R. § 5.5. C. Withholding for unpaid wages and liquidated damages. The (write in the name of t • Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an auths. zed representative of the Department of Labor withhold or cause to be withheld, from any moneys payable o ' account of work performed by the contractor or subcontractor under any such contract or any other Federontract with the same prime contractor, or any other federally -assisted contract subject to the Contract rk Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be de rmined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and a uidated damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. § 5.5. D. Subcontracts. The contractor or subcontractor shall insert i ► any subcontracts the clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. § 5.5 and also a clau requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contrac shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses s orth in paragraphs (b)(1) through (4) of 29 C.F.R. § 5.5. 2.40 CLEAN AIR ACT/FEDERAL WATER PO UTION ACT Clean Air Act A. The contractor agrees to comply with all ap cable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 740 't seq. B. The contractor agrees to report each v . ation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each elation as required to assure notification to the Federal Emergency Management Agency, and the appro ate Environmental Protection Agency Regional Office. C. The contractor agrees to in de these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal sistance provided by FEMA. Federal Water Pollutio ontrol Act A. The contractor agre to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollu en Control Act, as amended, 33 U.S.C. 1251 et seq. B. The contract•. agrees to report each violation to the City of Miami and understands and agrees that the City of Miami wi in turn, report each violation as required to assure notification to the Federal Emergency Manageme Agency, and the appropriate Environmental Protection Agency Regional Office. C. Th- ontractor agrees to include these requirements in each subcontract exceeding $150,000 financed in SUBSTITUTED whole or in part with Federal assistance provided by FEMA. 2.41 SUSPENSION AND DEBARMENT A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995 affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualifie at 2 C.F.R. § 180.935). r its efined B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subp C, and must include a requirement to comply with these regulations in any lower tier covered transactio s t enters into. C. This certification is a material representation of fact relied upon by the City of Miami it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 30' 1, subpart C, in addition to remedies available to the City of Miami, the Federal Government may pursue a lable remedies, including but not limited to suspension and/or debarment. D. The bidder or proposer agrees to comply with the requirements of2 C.F ' . pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of , y contract that may arise from this offer. The bidder or proposer further agrees to include a provision re s ing such compliance in its lower tier covered transactions. 2.42 BRYD ANTI -LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or me shall file the required certification. Each tier certifies to the tier above that it will not and has not use • ederal appropriated funds to pay any person or organization for influencing or attempting to influence officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an e . oyee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other and covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that . kes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier p to the recipient who in turn will forward the certification(s) to the awarding agency. Bidders must complete and return Atta ment H with Bid Submittal. 2.43 PROCUREMENT OF REC I ERED MATERIALS In the performance of this contra , the Contractor shall make maximum use of products containing recovered materials that are EPA-designa d items unless the product cannot be acquired: A. Competitively within a ti frame providing for compliance with the contract performance schedule; B. Meeting contract perfo ance requirements; or C. At a reasonable price Information about Comprehensive uideline-c . - is requirement, along with the list of EPA- designated items, is available at EPA's ocurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement - ram. The Contr, tor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Dispos. ct." SUBSTITUTED 2.44 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (insert name of state agency or local or Indian tribal governmen , (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or aof their authorized representatives access to any books, documents, papers, and records of the Contrac which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, an • anscriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means - hatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized rep' sentatives access to construction or other work sites pertaining to the work being completed under the co act. (4) In compliance with the Disaster Recovery Act of 2018, the City of Miami and t Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or into al reviews by the FEMA Administrator or the Comptroller General of the United States. 2.45 DHS SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reprodu' ions of flags or likenesses of DHS agency officials without specific FEMA pre -approval 2.46 COMPLIANCE WITH FEDERAL LAW, REGULATIO , AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance wil •e used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law egulations, executive orders, FEMA policies, procedures, and directives. 2.47 NO OBLIGATION BY FEDERAL GOVERN ' NT The Federal Government is not a party to this contra, and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party aining to any matter resulting from the contract. 2.48 PROGRAM FRAUD AND FALSE O ' RADULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U. . Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's ac' •ns pertaining to this contract. SPECIAL CONDITIONS • LY APPLICABLE TO CLASSIFICATION 2 - NON -FEDERALLY FUNDED PROJECTS This section applies to . projects that are non -federally funded. Bidders shall use the applicable Non - Federally Funded Pro cts Price Sheet (Attachment F) for this bid when submitting pricing. 2.49 LIVING WA ' ORDINANCE The City of Mia - Living Wage Ordinance is applicable to this service contract. Please refer to Section 1.38 of the Genera erms and Conditions for further information and guidance on how to comply with this ordinance. 2.50 LO ' AL OFFICE PREEFERENCE Local '. ffice Preference only applies to Classification 2 - Non -Federally Funded Projects. SUBSTITUTED Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditi. s, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procur ent Code, titled "Definitions", and shall submit with the Bid at the time of the Bid due date the following: • Completion and submission of Attachment G, City of Miami Local Office Certificati s Form; • Submission of a copy of the Proposer's lease documents at the location being deemed . ity of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certific. ' of use that authorizes the performance of the Proposer/Bidder. SUBSTITUTED 3.0 Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK I. Introduction BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THE LINE ITEM LISTED 1 THE ACTUAL IFB. BIDDERS SHALL COMPLETE ATTACHMENTS E & F, BID PRICE SHE (S), TO IDENTIFY WHICH CLASSIFICATION (CLASSIFICATION 1 - FEDERALLY FUNDED PR ECTS OR CLASSIFICATION 2 — NON -FEDERALLY FUNDED PROJECTS) THE BIDDER IS ► . QUESTING CONSIDERATION FOR. BIDDERS MAY RESPOND TO ONE CLASSIFICATIP OR BOTH CLASSIFICATIONS. BIDDER MUST MEET ALL REQUIREMENTS IN ORDER TO ' CONSIDERED RESPONSIVE. The City of Miami's ("City") Depaitinent of Resilience and Public Works ("RPW" and Recreation ("Parks") is in need of fully capable and willing firms to provide c City. The Successful Bidder(s)s shall furnish all labor, machinery, tools, disposal, supplies (including trash bags), equipment, materials, water, dies satisfactory contract performance. Such materials and equipment shall b and grade for the purpose of this contract. All workmanship, equipm subject to the inspection and direction/approval of the City. II. DESCRIPTION OF WORK and Department of Parks al cleaning services for the des of transportation, debris fuel and services necessary for f suitable type, in good condition and frequency of services shall be All work shall be performed using superior maintenance andards and techniques. The Successful Bidder(s) shall inform the City two (2) weeks before each clean-u' ask is scheduled. The Successful Bidder(s) agrees to on -site inspections by the Project Manager. The scop of work includes but is not limited to the following: SCHEDULED SERVICES Scheduled services frequency is as indicated b• ow or at the discretion of the City. A. Debris Removal and Litter Control very month of the year, or as directed by the Project Manager (all locations). This work is for the enti ength of the waterway including water edge and banks. Litter and debris removal includes but is not 1 ited to human discarded trash, human waste, pet waste, discarded landscaping, etc. NOTE: Litter c s rol for Ademar and Davis Canals shall take place TWICE a month from July through October. B. Mowing / Trimming - nthly for the Wagner Creek and Lawrence locations. Four (4) times a year, or as directed by the Project ager for other locations (all locations). C. Weed Control / ' emical Treatment - Banks and upland areas within canal right of way at Wagner Creek, Comfort al, Lawrence Waterway and Antonio Maceo Park. No spraying is allowed in the Biscayne Bay . as. D. Sonar Biscayn raying - Waterways at Comfort Canal and Antonio Maceo Park. No spraying is allowed in the ay areas. struction (Vegetative) Removal - All Locations twice (2) a year, or as directed by the Project SUBSTITUTED Manager. Must ensure that a minimum of two (2) feet of free water flow is maintained. F. Obstruction (Heavy Materials/Illegal Dumping) Removal - All locations except Seybold Can. , Rickenbacker Causeway and All City Parks twice (2) a year, or as directed by the Project Man. er. Successful Bidder(s) must remove the illegal dumping/ bulk trash at/near waterways. Must ensure at a minimum of two (2) feet of free water flow is maintained. G. Maintenance of Lawrence Canal Seawall — Successful Bidder(s) shall pressure clean existing concrete bollards at Lawrence Waterway three (3) times a year. During one of t Successful Bidder(s) shall pressure clean and paint with one coat of Thoroseal #8532 or a This action item includes maintenance and welding of 1,400 feet of hot -deep galvanize 10 feet in length, as per detail. In addition, if the concrete finish is broken or damage smooth form finish before painting. otal of 144 se cleanings, approved equal. /8" anchor chain, , apply ACI 301, to a H. Seaweed/Hydrilla Removal - This work is required once a year to remov- : 1 the seaweed and hydrilla from all the canals and waterways shown below. The Successful Bidder(s) . all bear the costs associated with purchase or rental of a weed harvester such as a Kelpin 800 Model o ' . pproved equal. I. Type I Turbidity Barrier — This work is required per Project current spill of silted water to prevent pollution to waterways. equipment and labor to install and remove a turbidity curtain at t turbidity barrier rental/purchase shall be the burden of the C charge the City separately for these services. ager for locations where there is a ontractor shall provide all materials, request of the Project Manager. Cost of actor. Contractor will not be allowed to J. Removal of Litter at Outfall ends: This work is to I conducted during low tide hours. The Successful Bidder(s) shall provide all labor, materials, and es •ment to remove all floatable, debris, cans, trash deposited at outfall ends in the waterway bottom . remove the debris without disturbing bottom soil. All litter removal should be done at least monthly. ccessful Bidder(s) shall confirm frequency with Project Manager prior to the commencement of the co . act. K. Removal of dead animals and fish — This work is to be conducted at the request of the Project Manager. The trash bags can be dispose ► at the nearest Miami -Dade County Solid Waste Transfer Facility. **Contractor shall not pick up sa • assum from the waterways and Bay.** NON-SCHEDULED SERVIC Non-scheduled work is at t discretion of the City. Successful Bidder(s) shall not proceed with any non- scheduled work without t written approval of the City/Project Manager or designee. It is the responsibility of the Successful Bidde ) to notify the Project Manager of any needs for pruning, tree/stump removal, or other service issues. L. Pruning - Sh s shall be trimmed as needed to provide an informal shape, fullness, and bloom. Trees shall be free of all 4, . d (browned) fronds and branches. Cut and remove the seeds and fronds that are pointing downward th are browning or yellowing. Pricing shall include all applicable preparation, MOT, and debris disposal ac ities. M. Re ' oval of trees or stumps - All removal of trees and stumps shall be according to the most efficient and safe industry standards. Pricing shall include all applicable preparation, MOT, and debris disposal activities. SUBSTITUTED Upon award, the Successful Bidder(s) shall submit a detailed maintenance plan to the City for approvalh plan shall include, but not be limited to: A.) a schedule for each task; B.) the equipment to be used for each task; and C.) the procedure that will be set in place for the maintenance of the canals. **SEE ATTACHMENT I — MINIMUM SERVICES LIST FOR EACH LOCATION* III. SERVICE LEVEL REQUIREMENTS Frequency of Services Canal cleaning services shall be executed, at a minimum, based upon the unit of E and F, Bid Price Sheets. The City's Project Manager may request additio maintain the level of aesthetic required by the City. Proper Equipment and Operation Caution The Successful Bidder(s) shall have the properly sized maintenan vessels with the required cranes for deployment to all waterways covered under this contract. The Succ ful Bidder(s) shall not use any equipment that could seriously disturb the sediments in the canals. Caution • ould always be taken during the operation. Specifically, dirty water should always be kept within a small , ea, and the operation shall not generate cloud or plume over 29 Nephelometric Turbidity Units (NTUs). asures listed in Attachments service days as necessary to Proper equipment also includes but is not limited to: A.) Trash Collecting Barge, or approved equal - T' al Length: 40 feet / Total Width: 14 feet / Carrying Capacity: 15 tons (30,000 pounds) / Travel Speed: knots (5.7 - 8.1 mph) B.) Trash Collecting Barge, or approved equal Total Length: 70 feet / Total Width: 14 feet / Carrying Capacity:13.5 tons (27,000 pounds) / Travel S ed: 5-7 knots (5.7 - 8.1 mph) C.) Heavy Duty Truck with Clamp - Mo ed Crane/Floating Barge and Small Vessel/Tugboat/Hauler or Dump Truck Quality Assurance The Successful Bidder(s)'s assigne. •upervisor shall be well versed in appropriate maintenance operations and procedures. All employees of the .uccessful Bidder(s) shall be competent and skilled in their particular job in order to ensure proper perform , ce of the work assigned. Successful Bidder(s) shal nsure that in the event of any equipment malfunction or concern, a back-up is available and used to co nue the immediate completion of services. All work shall be p• ormed using superior maintenance standards and techniques. If under any circumstances, the Project Man. ;-r is not satisfied with the work, the Successful Bidder(s) shall redo the job to the Project Manager's sati•. action at the Successful Bidder(s)'s expense. No additional compensation by the City will be allowed for ecessful Bidder(s)'s non-performance. Enviros ent Protection The w , king areas include environmental sensitive areas, especially the Biscayne Bay Aquatic Preserve which has ceptional biological, aesthetic, and scientific value. The Successful Bidder(s) must follow all rules and SUBSTITUTED regulations for the protection of the environment. It shall be the Successful Bidder(s)'s responsibility to preserve the existing condition of the canal surroundings, including but not limited to natural vegetation such as sea grasses and mangroves, ban canals, bulkheads and seawalls, concrete sidewalk, curb, and/or gutter and pavement. Any damage d pavement or concrete due to the Successful Bidder(s)'s failure to comply with the requirements oft or failure to exercise responsible care in the performance of the work, shall be repaired at Bidder(s)'s expense. and of the e to the Contract, Successful Any damages to the plants such as sea grasses and mangroves shall be mitigated to mi-Dade County's Department of Environmental Resource Management's ("DERM") and City's satisfa on, by the Successful Bidder(s) and at the Successful Bidder(s)'s expense. **Contractor shall not pick up sargassum from the waterways and Bay.** Underground Gas Pipelines The Successful Bidder(s) shall review and abide by Florida State Sta e Chapter 556, Underground Facility Damage Prevention and Safety, while performing the services listed and related to this solicitation. Special Condition for Shallow Areas The Successful Bidder(s) shall use shallow draft boats, vessel or other equipment to collect debris in shallow areas. The minimum depth of water for operation in water s ld be at least one (1) foot. In case of water depth less than one (1) foot, the Successful Bidder(s) shall use a .ropriate equipment to collect the debris from land. For shallow areas, the clean-up work shall be restrict: to high tide period in order to protect the soil and vegetation. Contractor must not disturb waterway bo Im while removing trash/debris during low tide. Chemical Treatment All herbicides must be labeled for use in Environmental Protection Agency ("USEP Services. Weed control chemical treatme Aqua Star, a water-soluble liquid, that spray for the control or destruction approved in writing by the Project anager or designee. ater. The chemicals must be approved by United States ') and the Florida Department of Agriculture and Consumer should be used in the proper manner. The City prefers the use of es readily with water and nonionic surfactant to be applied as a foliar f many herbaceous and woody plants. Any other herbicide shall be The weed control is primaril focused on emergent submersed, rooted plants and filamentous algae. The Successful Bidder(s) shall b; extremely cautious not to damage any endangered plants, threatened plants, and species of special concern e federal list of endangered and threatened by commercial exploitation plants are maintained by the Depent of Agriculture and Consumer Services via Chapter 5B-40 FAC. Sea grasses, mangroves and othe species are designated as Essential Fish Habitat by the South Atlantic Fishery Management Co , under the Sustainable Fisheries Act administered by the National Marine Fisheries Service under N tonal Oceanic and Atmospheric Administration ("NOAA"). For the waterway treatment, Successful Bi ' -r(s) shall use Sonar Herbicide, or approved equal. Manatee ert The Su • ssful Bidder(s) is alerted that manatees could be present in the canals. The Successful Bidder(s) shall prote the manatee. Specifically, operation shall be stopped when manatee is within one hundred fifty feet (15 ► of the work site. SUBSTITUTED Waste Disposal It is the Successful Bidder(s)'s responsibility to dispose of the waste collected during the canal mainten appropriately. The Successful Bidder(s) shall remove the waste collected from the site within twenty-fo 4) hours of collection. The City of Miami will pay the disposal fee signed by the City Inspector. Su ssful Bidder(s) must pick up and haul the debris to the nearest Miami -Dade County Transfer Station and pa p front for the disposal fee of the collected debris. The Successful Bidder(s) shall provide proof of the qutity of the waste collected, such as the load ticket, in order to be reimbursed for the waste disposal fee, an. he City will pay only for the waste collected for the canal maintenance operations. The pay ticket must . signed by the Project Manager prior to submittal of invoice payments. Fish kill bags can be disposed at e nearest Miami - Dade County Solid Waste Transfer Facility. The City reserves the right to add the Successful Bidder(s) as the City's authorize • epresentative for waste disposal at the Miami Dade County Solid Waste Transfer Facility. If done, the S cessful Bidder(s) will not have to pay upfront for disposal fees. Said fees will be automatically invoiced to e City. Successful Bidder(s) shall still submit any paperwork/load tickets issued by the Facility for reporti _ purposes. The City will notify the Successful Bidder(s) if said privilege is granted. IV. LOCATIONS NAME ADDRESS/APPROXI . TE LOCATION SIZE Wagner Creek North NW 20th Street to N 115 Street along NW 13th Ave 3750 ft Wagner Creek South NW 15th Street t. W 1 lth Street along NW 13th Ave 2050 ft Seybold Canal NW 1 lth S et and NW 9th Ct to the Miami River 2300 ft Comfort Canal NW 27th ve to NW 45th Ave along SR 836 8070 ft Davis Canal Betwe- NE 86th Street and NE 87th Street from NE '.th Ave to Biscayne Bay 1350 ft and 200 ft of bank Ademar Canal B- een NE 84th Street and NE 83rd Street from 4 E 8th Ct to Biscayne Bay 1650 ft and 375 ft of bank Bayfront NE 28th Street Cove Biscayne Bay and NE 28th Street 480 ft of bank Bayfront NE 20th-21 st Street , e Biscayne Bay and NE 20th Street 450 ft of bank Bayfront North and So of Rickenbacker Causeway Along Alice Wainwright Park to SE 25th Road 750 ft of bank Lawrence Waterway d Swell Canal NW 7th Street between NW 17th Ct and NW 18th Ave to the Miami River 2068 ft Waterfront of An io Maceo Park 5135 NW 7th Street 235 ft of bank Waterfront of ' . garet Pace Park 1775 North Bayshore Drive 1750 ft of bank Waterfront • ' ' allot Park 3805 NE 6th Avenue 430 ft of bank Waterfro • of Morningside Park 750 NE 55th Terrace 2000 ft of bank Wateif .nt of Legion Park 6447 NE 7th Avenue 550 ft of bank Wat. ont of Fern Isle Park 2201 NW 1 lth Street 1900 ft of bank Miami River SUBSTITUTED West side of NW 27th Ave and the edge of NW S River Drive 2300 ft of bank V. ADDITIONAL INFORMATION Services Beyond the Scope of the Contract In the event that services beyond the scope of work of this contract are requested by the Project Successful Bidder(s) must receive the written approval of the work request from RPW, written quote to perform such services, and the approval of the Department of Procurement to add t Contract, if applicable. Public Access During any improvement, safe access shall be provided by the Successful Bidder to the entrances of all residences and business establishments. The methods used to allow access will be s ermined by the Successful Bidder(s) with the approval of the City's Project Manager or designee. nager, the royal of the services to the Maintenance of Established Landscaping Existing trees on private property and in the public right of way are to b •rotected while work is in progress. Trimming of trees is not allowed without prior approval of the City's " roject Manager. Removal of trees are on an as needed basis and shall be requested by the Project Manager. any replacements are needed/requested, the replacements shall be of equal or better quality. All replacem-.. tree, ground covering/plant material shall be quoted and be approved, in writing, prior to replacement. VI. INSPECTION PROCESS Once services are completed, the Successful Bidder may be required to take pictures to submit with any invoices. In addition, the Successful Bidder(s) shall mediately email and call the City's Project Manager to advise that the service area was completed. VII. INVOICING Successful Bidder(s) shall provide invo s with pictures no later than the 5th of the month for the previous month's services. Submitting invoices ter than the specified date may cause delays in payment. On the invoice the Successful Bidder(s) shall prov A. Date(s) of services B. Area(s) of services C. Contract number ' ontract No. 1575386) D. List of services ' •mpleted E. Pricing F. Supportin_ . ocumentation such as invoices providing costs for additional services (trees, etc.) G. Payment • subcontractors and/or suppliers with corresponding release of liens forms and affidavits if applic , . e ANNIE PEREZ, CPPO Procurement Director Titu of AtI2ltitt 0 Ill ti �rf t SUBSTITUTED ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 IFB 1704386 June 23, 2023 Invitation for Bid ("IFB"), Canal Cleaning Services TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend t'- IFB documents of the above captioned IFB and shall become an integral part of the Contract 1 •cuments. Deletions of contract language will be specified herein. Bold words and/or figures shall • added. The remaining provisions are now in effect and remain unchanged. Please note the ntents herein, reflect same on the documents you have on hand. A. Attachment J —Affidavit of Responsibility has bee► deleted in its entirety and replaced with Attachment J (Revised) - Certification Statement ffirmation Affidavit. B. Exhibit A — IFQ 1704386 — Canal Cleaning Ser ices Bid Submittal Checklist is hereby added. ALL OTHER TERMS AND CONDITIONS OF T IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL POION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:tg c. Juvenal Sant a, P.E., Director, Public Works Yadissa A. " alderon, CPPB, Assistant Director of Procurement This Adde dum shall be signed by an authorized representative and dated by the Bidder and submitt= • as proof of receipt with the submission of the Bid. E OF FIRM: Aquatic Control Group Inc. SIGNATURE: 1 DATE: 06/28/2023 ATTACHMENTJ (Revised) SUBSTITUTED INVITATION FOR BID ("IFB") NO. 1704386 FOR CANAL CLEANING SERVICES CERTIFICATION STATEMENT AFFIRMATION AFFIDAVIT AS PRESIDENT/CEO OF ("Company"), HEREBY DECLARE, AFFIRM, AND CERTIFY THE FOLLOWING STATEMENTS: (1) THE PRINCIPAL(S) OF ;AND IS/ARE (2) NO PRINCIPAL HAS COMMITTED FRAUD OR THEFT, HAS FILED FOR OR BEEN THE SUB ' CT OF BANKRUPTCY, HAS BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES, OR BEEN CONVICTED DER FEDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION O' dESTRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, OR ANY OTHER OFFENSE INDICATING A LACK c BUSINESS INTEGRITY, GOOD FAITH, OR FAIR DEALING; AND (3) NO COMPANY REPRESENTATIVE OR PERSONNEL HAS COMMITTED FRA 1 OR THEFT; BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES OR BEEN CONVICTED UNDER EDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR 1' STRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, OR ANY OTHER OFFENSE INDICATING A LACK '- BUSINESS INTEGRITY, GOOD FAITH, OR FAIR DEALING. PURSUANT TO IFB GENERAL TERMS AND CONDITIONS SECTION 1.25 - HICH INCORPORATES SECTION 18-107 OF THE PROCUREMENT CODE, ALL CONTRACTS FOR GOODS AND SERVICE SALES, AND LEASES ISSUED BY THE CITY SHALL INCLUDE A CERTIFICATION THAT NEITHER THE CONTRACTUAL ARTY NOR ANY OF ITS PRINCIPAL OWNERS OR PERSONNEL HAVE BEEN CONVICTED OR HAVE COMMITTED ANY OHE VIOLATIONS SET FORTH IN THE REFERENCED IFB GENERAL TERMS AND CONDITIONS SECTION 1.25. IN THE EVENT THAT THE BIDDER IS UNABLE TO PROVIDE S H CERTIFICATION, BUT STILL WISHES TO BE CONSIDERED FOR AWARD OF THIS SOLICITATION, THE BIDDER SHALL F -'NISH A WRITTEN EXPLANATION OF THE FACTS SUPPORTING ANY EXCEPTION TO THE REQUIREMENT FOR CERTIFICAT •N THAT IT CLAIMS. THE BIDDER AGREES TO FULLY COOPERATE WITH THE CITY IN ANY INVESTIGATION UNDERTAKEN : THE CITY TO DETERMINE WHETHER THE CLAIMED EXCEPTION IS APPLICABLE. I SOLEMNLY DECLARE, AFFIRM, AND CERTIFY T T THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AN (SIGNATURE) (PRINTED NAME) DATE State of Florida County of On this, the President/C person wh contain ELIEF. E OF COMPANY) PRESIDENT/CEO day of , 2023, before me personally appeared, , the of , known to me (or satisfactorily proven) to be the e name is subscribed to within this instrument, and acknowledged that they executed the same for the purposes herein In w ess hereof, I hereunto set my hand and official seal. (SEAL) Notary Public EXHIBIT A IFB 1704386: CANAL CLEANING SERVICES BID SUBMITTAL CHECKLIST Use this checklist as a reminder to submit all required documents for this solicitation It is the responsibility of the Bidder to thoroughly read and understand the solicitati ❑ Certification Statement from IFB 1704386. Completed, signed, and submitted ith the bid response. ❑ Certifications. Completed and submitted with the bid response. No blan, paces allowed. ❑ Attachment B — Reference Submittal Form, completed with three di •rent references. All contact information must be valid. Please check with the agency/ ent for accurate information, prior to submitting. ❑ Attachment D — Subcontractors. Complete regardless of the rm will be subcontracting any services. If your firm will not be subcontracting any work, the space with N/A, provide your firm's name, date, name of representative, sign, and re n with your bid response. ❑ Attachment E — Classification Type I, Federally Fun• -d Projects Bid Price Sheet. Complete and submit this form if your firm is to be consider- - for Federally Funded Projects. ❑ Attachment F — Classification Type II, Non -Fe• -rally Funded Projects Bide Price Sheet. Complete and submit this form if your firm i o be considered for Non -Federally Funded Projects. ❑ Attachment H — Certification Regardin ; obbying. Must be completed, signed, and submitted with the bid response. ❑ Submit a copy of herbicide and -•nar spraying license as issued by the State of Florida's Department of Agriculture. A current: a.) Certified General Co License Board -OR- b.) the appropriate c.) the State Cont Miami -Dade or ractor License from the State of Florida Construction Industry rtificates of Competency —OR- ctor's Certificates of Registration as issued by Palm Beach, Broward, onroe County. ❑ Listed on S •iz.org as a company registered to do business in the State of Florida for at least the I- t five (5) consecutive active years at the time of bid response. ❑ Hold t yea same Federal Employer Identification Number (FEIN) for the last five (5) consecutive tachment J — Affidavit of Responsibility. Complete, sign and notarize this form to be submitted with bid response. Note: Failure to submit required documentation will deem your bid non -responsive. Titu of Airiattti ANNIE PEREZ, CPPO Procurement Director SUBSTITUTED ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 IFB 1704386 July 5, 2023 Invitation for Bid "IFB" Canal Cleanin• Services TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend captioned IFB and shall become an integral part of the Contract language will be specified herein. Bold words and/or figures shall are now in effect and remain unchanged. Please note the documents you have on hand. A. The closing date for this solicitation has been cha e IFB documents of the above cuments. Deletions of contract added. The remaining provisions ntents herein, reflect same on the ed to July 14, 2023 at 4:OOPM. ALL OTHER TERMS AND CONDITIONS OF THE ' : REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORT! THEREOF. AP:tg OF THE IFB AND SHALL BE MADE A PART Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department c. Juvenal Santa' , P.E., Director, Resilience and Public Works Yadissa A. : deron, CPPB, Assistant Director of Procurement This Add submit dum shall be signed by an authorized representative and dated by the Bidder and as proof of receipt with the submission of the Bid. ME OF FIRM: SIGNATURE: 1 DATE: SUBSTITUTED Iit 4tF[itrn i ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 3 IFB 1704386 July 11, 2023 Invitation for Bid ("IFB"), Canal Cleaning Services TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend the B documents of the above captioned IFB and shall become an integral part of the Contract Do •ments. Deletions of contract language will be specified herein. Bold words and/or figures shall be - oded. The remaining provisions are now in effect and remain unchanged. Please note the co -nts herein, reflect same on the documents you have on hand. A. The following are responses to questions posed to t - City: Q1. Do federally funded projects need to be bonded via - performance bond? Al. Yes. Federally funded projects will require a perfoance bond upon assignment of said federally funded project at the time of a declared emergency. Q2. Regarding tree removal, Where are these ems located and with what frequency will they be required to be carried out. Will they be done fo- 1) single tree/palm or will a group (x) of trees/palms be done per request? A2. All trees/palms to be removed will be I- ated on the canal bank. The removal will be with a "no fee" permit. The frequency will be as -needed oasis. The removal will be paid per single tree/palm. Q3. Presently all Trees/Palms are tr med or pruned - Stumps treated, cut or grinded on an as needed basis at no additional cost other an actual work scopes/prices detailed on Items 1 through 4 of the IFB 977382 Canal Cleaning S- vices. Why is there a need to re -write the services already being provided? A3. By itemizing tree/palm -moval we are keeping track of the amount of trees removed/trimmed in the canal areas. Q4. During the June th Commissioners meeting, one of the commissioners indicated that when he drives by to work e •ry day, he sees dirty canals. Are there any photographs indicating such conditions? Are these canals - ithin the existing contract? If so, which canals are they? A4. Specific in irmation or photos of the referenced "dirty" canals is not available. Further inspections will be cond ted to identify such canal(s) and address with the canal cleaning contract or if the canal is not und= City jurisdiction it will be referred to the respective maintaining agency. Q5. F• such reason, as stated by the commissioner, the approval of the contract for Solicitation # 157 •86 was postponed so that additional work scopes or a need for additional contractors could be di ussed between the commissioners and the company to whom the contract was to be awarded. eetings were requested with all (5) commissioners on June 8th. Two of the commissioners arranged and set up dates for meetings, the other three never responded to our request for meetings and in the 1 SUBSTITUTED time lapsing, the contract to be awarded was cancelled in its totality and this new IFB was urgently issued. Why? A5. Pursuant to Miami City Code Section 18-85, "All bid awards in excess of $50,000.00 must be approved by the City Commission upon recommendation by the City Manager. The decision of the City Commission shall be final." "The City Commission or the City Manager shall have the authority to ref any or all bids or portions of bids, or to negotiate with the lowest bidder for better pricing." Q6. For what reason was the contract for Solicitation # 1575386 cancelled and a new IFB # 04386 issued if the reasons mentioned by the commissioner were not indicative or pertained to the '•ntract to be awarded? A6. At the June 8, 2023, City Commission Meeting, the City Commission rejected bids r: eived for IFB 1575386 for Canal Cleaning Services. The City Commission discussion regarding Ag= da Item "RE.4" can be found at the following link: June 8 Commission Meeting. Q7. It was indicated during the Prebid meeting on 6/27/23 that the two lowest bi• ' ers would be selected for the contract. Are these to be the Primary Contractor and a Secondary . ntractor or are the two contractors expected to carry out the scope of work simultaneously? A7. Pursuant to Section 2.6, Method of Award, for Classification Ty• - 2, Non -Federally Funded Projects shall be awarded to the two (2) lowest responsive and responsie Bidders who bid on all items on the price sheet. Services areas shall be assigned to the Successf Bidder(s) via work orders at the City's sole discretion, based upon the needs of the City. In the eve hat there is a sole responsive and responsible Bidder, the City at its sole discretion may award all - -rvices areas to the sole responsive and responsible Bidder. ALL OTHER TERMS AND CONDITIONS OF THE IFB ' MAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTION O' THE IFB AND SHALL BE MADE A PART THEREOF. AP:tg c. Juvenal Santana, P.E. Yadissa A. Calderon, nnie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department ector, Public Works PB, Assistant Director of Procurement This Addendum shall •e signed by an authorized representative and dated by the Bidder and submitted as proof receipt with the submission of the Bid. NAME OF F . M: Aquatic Control Group Inc. SIGNAT4RE: 2 DATE: 07/13/2023 Attachment B: Reference Submittal Form IFB 1575386 - Canal Cleaning Services FIRM NAME: Aquatic Control Group Inc. Reference Section 2.13 Summarized Requirements: Refer to the details in Section 2 Special Conditi ' s to verify that the information provided will suffice as proof of meeting the requirements this solicitation. Past Performance Reference Check #1 Company/Organization Name: City of Fort Lauderdale Con -:ct #RFP 12285-595 Address: 101 andrews Ave Contact Person: Melissa Doyle Contact Phone Number and Email: 954-828-6111 mdoy @fortlauderdale.com Date of Contract or Sale: 01/2020 Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Co' ract, etc.): Canal maintenance and Debris Removal for 165 miles of waterway m-. enance Value 1,123,200.00 Past Performance Reference Check #2 Company/Organization Name: Miami Dade Av.-tion Contract #FB-01370 Address:4200 NW 36 Street Miami, FL 33 •6 Contact Person: Mike Bedell Contact Phone Number and Email: % -876-7380 mbedell@miami-airport.com Contact E-mail (if applicable): m • •dell@miami-airport.com Date of Contract or Sale: 11/ 420 Prime or Subcontractor: P . e Other (Description of S= ice, Total dollar value of Contract, etc.): Debris removal and as .tic maintenance $1,151,200.00 Past Performanc- 'eference Check #3 Company/Organ. .tion Name: st Lucie County Address: 307 • leander Ave, Fort Pierce, FL 34982 Contract #36-0-2023 Contact P- son: Shannon Mierass Conta 'hone Number and Email: 772-462-1813 Co .ct E-mail (if applicable): mierass@stlucieco.org r -te of Contract or Sale: 02/2022 Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Contract, etc.): Remove Veggatation and trees along canal banks $598,480.00 POLICY NUMBER: APM- 2-19 DATE: March 26, 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. Citv/1GI nager/Desi SIGNATURE CITY OF MIAMI 0,..' ADMINISTRATIVE POLICY REVISIONS REVISED DATE OF SECTION REVISION Created 3/26/19 SUBJECT: ELIMINATING THE PROCESS OF CURING DOCUMENTS SUBMITTED IN RESPONSE QUALIFICATIONS (RFQ), REQUEST FO REQUESTS FOR LETTERS OF INTEREST BIDS (IFB), INVITATION TO BID (ITB (ITQ), AND REQUEST FOR SPONSO 6, 2019 PURPOSE: SUBSTITUTE I:.' GULARITIES IN O REQUEST FOR PROPOSALS (RFP), FLI), INVITATION FOR INVITATION TO QUOTE IP (RFS) EFFECTIVE MAY To improve the procurement solicitation process i 9 order to provide internal and external customers with a more efficient and effective procurement of . ods and services for the City of Miami. This APM establishes guidelines that eliminate the proce• of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITB •, ITQs and RFS. BACKGROUND: Currently, the Department of Proc ement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregul. ' ies, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs, Ps, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the ► epartment of Innovation and Technology ("Dolt"), Procurement has identified the process of curing as e cause of significant delays in formal solicitation process. When proposals and bids require a cure, P curement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to c', ect, complete, and re -submit the required documents. The process of curing is time intensive and de s the procurement of necessary goods and services for the City; it prolongs the due diligence revi period and it stalls and delays the evaluation and selection process, resulting in the extension of e between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award dat SUBSTITUTED City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS Eliminating the process of curing will streamline and improve the overall procurement solicitation proce while making it more efficient by removing a source of delay, and more effective by concentrating . e diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a coon procurement industry practice to allow cures. Other local public agencies such as Miami -Dade Co ty and the Miami -Dade County Public School System do not presently allow cures in such similar inst ces. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been eemed responsive. Responsive bids and proposals responses are defined by our Procureme i Code.' Prospective Proposers and Bidders should understand that non -responsive proposals or bids ill not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet e minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, o ' S as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities . e not waivable. Proposals and bids submitted with deficiencies, irregularities, omis ' •ns, and/or technicalities that deviate from the minimum qualifications and/or submission requiremen . for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. T ► following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, o ► scions, and/or technicalities that shall result in a non -responsive determination for any solicitation issue on or after May 6, 2019: If a proposal or bid is missing forms, or contains unno . ized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Propo or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project exrience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall de: such proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive m or deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or techn' alities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e..ubstantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be ' red by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please ' e below an excerpt from State of Florida procurement instructions which discuss the difference i lain language between material and minor variances. Responsive bidder, prop r , er, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or r' ponse which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 112 WL 1155290 (F1a.Div.Admin.Hrgs.) Mandato ' esponsiveness Requirements: Terms, conditions or requirements that must be met by the propose , o be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the r- . onsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet datory responsiveness requirements will not be evaluated. 2 i SUBSTITUTED City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS 1.15 Material Deviations: The Department has established certain requirements with respect to propos to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this 'd P indicates a requirement or condition which may not be waived by the Department except w - e any deviation therefore is not material. A deviation is material if, in the Department's sole dis -tion, the deficient response is not in substantial accord with this RFP's requirements, provides an adv tage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or q , ity of items or services proposed, or on the cost to the Department. Material deviations cannot be wai -d and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply s definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irregularity: A variation from the RFP terms and conditions ich does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed b the other proposers or does not adversely impact the interests of the Department. Aquatic Control Group Inc. Mark Brook President 06/28/2023 SUBSTITUTED ATTACHMENT H CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of th undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Con. -ss, or an employee of a Member of Congress in connection with the awarding of an ederal contract, the making of any Federal grant, the making of any Federal loan, t, - entering into of any cooperative agreement, and the extension, continuation, rene :I, amendment, or modification of any Federal contract, grant, loan, or coo -rative agreement. 2. If any funds other than Federal appropriated funds have been paid will be paid to any person for influencing or attempting to influence an officer or em .yee of any agency, a Member of Congress, an officers or employee of Congress, or , employee or a Member of Congress in connection with this Federal contrac grant, loan, or cooperative agreement, the undersigned shall complete and submit St dard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instru .ns. 3. The undersigned shall require that the language of thi• certification be included in the award documents for all subawards at all tiers (incl .ing subcontracts, subgrants, and contracts under grants, loans, and cooperative a. -ements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fac transaction was made or entered into. Submissi making or entering into this transaction impose Lobbying Disclosure Act of 1995). Any pers subject to a civil penalty of not less than $1 failure. The Contractor, Aquatic Control Gro . Inc. pon which reliance was placed when this of this certification is a prerequisite for y 31, U.S.C. § 1352 (as amended by the who fails to file the required certification shall be ,000 and not more than $100,000 for each such , certifies or affirms the truthfulness and accuracy of each statement of its certificatio and disclosure, if any. In addition, the Contractor understands and agrees that the •rovisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if . y. Signature of Contracto ontractor's Authorized Official Name and T' e of Contractor/Contractor's Authorized Official Mark Br• • ks - President • 06/25/2023 ATTACHMENT.,(Revised) SUBSTITUTED INVITATION FOR BID ("IFB") NO. 1704386 FOR CANAL CLEANING SERVICES CERTIFICATION STATEMENT AFFIRMATION AFFIDAVIT Mark Brooks AS PRESIDENT/CEO OF Aquatic Control Group Inc. ("Company"), HEREBY DECLARE, AFFIRM, AND CERTIFY THE FOLLOWING STATEMENTS: (1) THE PRINCIPAL(S) OF Aquatic Control Group Inc. Mark Brooks and Jorge Salazar ;AND IS/ARE (2) NO PRINCIPAL HAS COMMITTED FRAUD OR THEFT, HAS FILED FOR OR BEEN THE SUBJECT dF BANKRUPTCY, HAS BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES, OR BEEN CONVICTED UNP' - FEDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DE RUCTION OF RECORDS. RECEIVING STOLEN PROPERTY, OR ANY OTHER OFFENSE INDICATING A LACK OF : 4SINESS INTEGRITY, GOOD FAITH, OR FAIR DEALING; AND (3) NO COMPANY REPRESENTATIVE OR PERSONNEL HAS COMMITTED FRAUD ' ` THEFT; BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES OR BEEN CONVICTED UNDER FED RAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DES UCTION OF RECORDS, RECEIVING STOLEN PROPERTY, OR ANY OTHER OFFENSE INDICATING A LACK OF ' SINESS INTEGRITY, GOOD FAITH, OR FAIR DEALING PURSUANT TO IFB GENERAL TERMS AND CONDITIONS SECTION 125, W H INCORPORATES SECTION 18-107 OF THE PROCUREMENT CODE, ALL CONTRACTS FOR GOODS AND SERVICES, S ES, AND LEASES ISSUED BY THE CITY SHALL INCLUDE A CERTIFICATION THAT NEITHER THE CONTRACTUAL P•' NOR ANY OF ITS PRINCIPAL OWNERS OR PERSONNEL HAVE BEEN CONVICTED OR HAVE COMMITTED ANY OF T VIOLATIONS SET FORTH IN THE REFERENCED IFB GENERAL TERMS AND CONDITIONS SECTION 1.25. IN THE EVENT THAT THE BIDDER IS UNABLE TO PROVIDE SU FOR AWARD OF THIS SOLICITATION. THE BIDDER SHALL FU ANY EXCEPTION TO THE REQUIREMENT FOR CERTIFICATIO WITH THE CITY IN ANY INVESTIGATION UNDERTAKEN BY APPLICABLE. CERTIFICATION, BUT STILL WISHES TO BE CONSIDERED SH A WRITTEN EXPLANATION OF THE FACTS SUPPORTING HAT IT CLAIMS. THE BIDDER AGREES TO FULLY COOPERATE E CITY TO DETERMINE WHETHER THE CLAIMED EXCEPTION IS I SOLEMNLY DECLARE, AFFIRM, AND CERTIFY THA ' HE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND :.' IEF. AquatntroI Group Inc. (NA OF COMPANY) (SIGNATURE) Mark Brooks (PRINTED NAME) DATE State of Florida County of Miami -Da - On this, the 1, Presldent/CE person wh contain ESIDENT/CEO day of - IU 2023, before me personally appeared, Mark Brooks the of Aquatic Control Group Inc , known to me (or satisfactonly proven) to be the name is subscribed to within this instrument, and acknowledged that they executed the same for the purposes herein In w ess hereof, I hereunto se y and and official seal. (SEAL) Public '�. JORGE L. SALAZAR Rotary Public - kite of Florida r Commission 4 GG 906tab My Comm. Expires Dec 11. 1023 Bonded tnrci,in NaVonaI Notary assn. I SUBSTITUTED * INCOOP o0 10 OO O R CITY OF MIAMI BUSINESS TAX RECEIPT BUSINESS NAME: DBA: BTR HOLDER NAME: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: RECEIPT NUMBER: COMMENTS: RESTRICTIONS: Aquatic Control Group inc. Aquatic Control Group inc. 1501 NW 37 ST Effective Year Oct. 1 2022 Thru Sep. 3023 152764 180239 ADMINISTRATIVE OFFICE FY 22- 23 ISSUED: Oct 01, 22 Robert Sa .s-Alborna This issuance of a business tax receipt does not permit the .'der to violate any zoning laws of the City nor does it exempt the holder from any Iicenseor permits that may .e required by law. This document does not constitute a certification that the holder is qualified to engage in t► - business, profession or occupation specified herein. The document indicates payment of the business tax rec' pt only. • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com 5/7/23, 2:19 PM Detail by Entity Name DIVISION OF CORPORATIONS I SUBSTITUTED r _ s aue Okla! ofsveb iie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation AQUATIC CONTROL GROUP INC Filing Information Document Number P11000091534 FEI/EIN Number 82-1946936 Date Filed 10/19/2011 Effective Date 10/15/2011 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 07/07/2017 Principal Address 1501 NW 37 Street MIAMI, FL 33142 Changed: 04/18/2018 Mailing Address 8910 School House Road Coral Gables, FL 33156 Changed: 04/18/2018 Registered Agent Name & Addr Brooks, Mark 8910 Schoolhouse Road Miami, FL 33156 Name Changed: ' /09/2019 Address Ch. ged: 02/09/2019 Officer/Di ctor Detail Nam- . Address e VP, Secretary, Treasurer, Director https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=AQUATIC.. 1/2 5/7/23, 2:19 PM Detail by Entity Name Salazar, Jorge Luis 3604 NW 7 Street Miami, FL 33125 Title President, Director Brooks, Mark 8910 School House Road Coral Gables, FL 33156 Annual Reports Report Year Filed Date 2021 01/27/2021 2022 01/25/2022 2023 02/04/2023 Document Images 02/04/2023 --ANNUAL REPORT 01/25/2022 --ANNUAL REPORT 01/27/2021 --ANNUAL REPORT 01/29/2020 --ANNUAL REPORT 02/09/2019 --ANNUAL REPORT 04/30/2018 -- AMENDED ANNUAL REPORT 04/18/2018 --ANNUAL REPORT 12/15/2017 -- AMENDED ANNUAL REPORT 07/07/2017 -- REINSTATEMENT 02/01/2012 -- ANNUAL REPORT 10/19/2011 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF forma View image in PDF fo ' at View image in PD ormat View image i DF format :rida Department of State, Division of Corporations SUBSTITUTED https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=AQUATIC... 2/2 I SUBSTITUTED oF� CITY OF MIAMI y2 * INCO on CERTIFICATE OF USE 18 RIEO sa ° R FIRE SAFETY PERMIT BUSINESS NAME: Aquatic Control Group inc. DBA: BUSINESS ADDRESS: EXPIRES: ACCOUNT NUMBER: CERTIFICATE NUMBER: 1501 NW 37 ST 2023-09-30 152764 1804000734 COMMENTS: Administrative Office RESTRICTIONS: APPROVED .E(S): CU06 -General C'. mercial - Office FY 22- 23 ISSUED: Apr 03 20 • PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. • FAVOR DE MOSTRAR ESTE CERTIFICADO EN UN SITIO VISIBLE EN LA DIRECCION DEL COMERCIO. • TANPRI AFICHE SETIFIKA SA A NAN YON KOTE KONSIDEB NAN ADRES OKIPANS. www.miamigov.com SUBSTITUTED CITY OF MIAMI LOCAL OFFICE CERTIFICATI (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: 1704386 (i.e. IFQ/iFB/RFP/RFQ/RFLF No 23456) Solicitation Title: Invititaion for Bid Canal Cleaning Services Aquatic Control Group (Bidder/Proposer) hereby certifies compli ce with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of City of Miami, Florida, as amended. Local office means a business within the city which meets all of the follow' ; criteria: (1) Has had a staffed and fixed office or distribution point, ope ing within a permanent structure with a verifiable street address that is located within the corporate lim of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were ceived for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, fu ime, on -site employment at the local office for a minimum of forty (40) hours per calendar week, wheth as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not b sufficient to constitute a local office within the city; (2) if the business is located in the permanent str re pursuant to a lease, such lease must be in writing, for a term of no Tess than twelve (12) months, been effect for no less than the twelve (12) months immediately preceding the date bids or proposals were eived, and be available for review and approval by the chief procurement officer or its designee; for rec- tly-executed leases that have been in effect for any period less than the twelve (12) months immediately pr -ding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of t city that documents, in writing, continuous business residence within the corporate limits of the city for ate of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall acceptable to satisfy the requirements of this section, and shall be available for review and approval by the c ' procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payme documentation in writing that documents local office tenancy shall be available for review and approval by chief procurement officer or its designee; (3) Has had, for a tnirnum of twelve (12) months immediately preceding the date bids or proposals were received for the . chase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, i . pplicable; and (4) Has h for a minimum of twelve (12) months immediately preceding the date bids or proposals were receiv . or the purchase or contract at issue, any license or certificate of competency and certificate of use requi ' by either the city or Miami -Dade County that authorizes the performance of said business operations; 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 home by the business applicant submitting a bid or proposal. 1 FORM-Oty of Miarni Local Office Certification 7/,22/2013 I SUBSTITUTED PLEASE, PROVIDE THE FOLLOWIM; INFORMATION: Bidder/Proposer Local Office Address: 1501 NW 37 S`" Miami FL 3 i42 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 Count}" Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes performance of Bidder/Proposer's bus o aerations? lr 1 YES ❑ NO ®YES ❑ N ❑ 21.s City of Miami: Q YES — E=rt Cite Exemption: Miami -Dade C t /N° _ li YES Cite Stem Lr 1 YES ❑ No n Bidder/Proposer's signature be w certifies compliance NA ith the Local (We rsyairt�ari s stte i meet Chapter 18/Article III, Secti 18-73, of the Code of the Cit.). of \liatai. Florida, as asktadv,i Mark a rooks Print Name (I3idder/P +; ser Authorized Representative) Signature lttt 2 r `r r i rr uy id Miami los al pflk* COW killun '/22/2013 SUBSTITUTED STATE OF FLO1Z,lDA�� � COUNTY OF 1 446.6 Certified to and subscribed before me this'j day of (NOTARY SEAL) TUPer ,2 (Si Ynat e of Notary Public -State of Florida) JORGE L. SALAZAR Notary Public - State of Florida of Commission # GG 906106 ?ar ' My Comm. Expires Dec 15, 2 Bonded thrash National Notary sn. (Name of otary vnet, rineu,or''amped) OR Produced ldentifica . by Type of Identification Produced 3 FORM -City of Miami Local Office Certification 7/22/2023 12/16/22, 2:43 PM DBPR - FERNANDEZ, GERARDO; Doing Business As: GEF CONSTRUCTION CORP, Certified General Contractor THE OFFICIAL SITE OF THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION d Florida _ rkment of Busine55 l'r fessional Regulation ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice &Activity List Search LICENSEE DETAILS Licensee Information Name: FERNANDEZ, GERARDO •rimaryName) GEF CONSTRUCTION ' ORP (DBA Name) Main Address: 1420 SOUTH WEST ' ND AVE MIAMI Florida 33 4 County: DADE License Information License Type: Rank: License Number: Status: Licensure Date: Expires: Special Qualific• ons Con uction B ness Alternate Names Certifi- General Contractor Cert - eneral C1511261 urrent,Active 05/19/2006 08/31/2024 Qualification Effective 05/19/2006 HOME CONTACT US MY AC OUNT 2:43: PM 12/16/2022 View Related License Information View License Complaint 2601 BI. Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under • rida law, email addresses are public records. If you do not want your email address released in response to a public -records request, do send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact .487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must ovide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. https://www.myfloridalicense.com/LicenseDetail.asp?SI D=&id=615F E068BBA89596D86AC9FD1 A83C809 1/2 THE OFFICIAL SITE OF THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION dFloripr D rtment of& Professional Regulation ONLINE SERVICES Apply for a License Verify a Licensee View Food & Lodging Inspections File a Complaint Continuing Education Course Search View Application Status Find Exam Information Unlicensed Activity Search AB&T Delinquent Invoice & Activity List Search HOME CONTACT US MY ACCOUNT LICENSEE SEARCH OPTIONS 10:20:32AM 8/24/2023 Data Contained In Search Results Is Current As Of 08/24/2023 10:19 AM. Search Results - 2 Records Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or disciplin click on the name. License Type Certified General Contractor Name Name Type License Number/ tatus/Expires Ran FERNANDEZ, Primary C' 1511261 Current, Active GERARDO ert General 08/31/2024 Main Address*: 1420 SO WEST 92ND AVE MIAMI, FL 33174 Certified General CON Contractor CTION DBA CGC1511261 Current, Active CORP Cert General 08/31/2024 ain Address*: 1420 SOUTH WEST 92ND AVE MIAMI, FL 33174 Back New Search * denotes Main Address - This address is the Primary Address on file. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address where the place of business is physically located. 1 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under Flor aw, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic mail to this entity. Instead - . tact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, - sees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the .-e. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. SUBSTITUTED CITY OF FORT LAUDERDALE SUBSTITUTED July 7, 2023 RE: Letter of recommendation for Aquatic Control Group To Whom It May Concern: AR America CiIV 11III' Aquatic Control Group provides service to the City of Fort Lauderdale and contract 12285-595 Waterways Cleaning and Reporting Services (since October 2019) and c• tract #12700-823 Landscaping and Maintenance- Melrose Park and River Oaks (beginsOctober 2022). Under contract 12285-595 Waterways Cleaning and Reporting Se Ices, Aquatic Control Group (ACG) provides cleaning services throughout the City's 165 mil:. of waterways each month. Their services include debris removal from the waterways w ch includes everything from palm fronds and litter to floating docks, trees, marine pilings a dead animals. In addition, ACG has been a valued partner during emergencies such as fish Is and sewage spills. ACG has provided aerators to improve oxygen saturation in the water umn as well as the provision and installation of turbidity curtains t❑ prevent conta ation from spreading. Under contract 12700-823, ACG provides cutti' trimming, herbicidal application, aquatic harvesting and tree removal from the City's / elrose Park and River Oaks preserves, both of which provide essential stormwater func •ns. Should you have any questions, pleas- contact me at mdoyle@fortlauderdale.gov or (954) 828- 5111. Sincerely, Meliss9/Doyle Division Manag: - City of Fort Lauderdale Sustainabili livision of Public Works PUBLIC WORKS DEPARTMENT — SUSTAINABILITY DIVISON 101 NE 3'D AVrNuE, SUITE 1400, FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 828-6190, FAX (954) 828-4745 W W W.FORTLAUDERDALE. GOV SUBSTITUTED FGC I tnu RAM GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing 'er the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Jorge Bracamonte; Jessie Sloan; Karla Tomaszewski Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its beha as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of s tyship executed under this authority shall exceed the sum of (not to exceed $20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the %.ard of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect s transaction. The signatures below and the seal of the Corporation may be affixed by facsi e, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presents . be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July , 2020_. ,/ � 1 add_ ��pi.HCF*•. Attest: �/rk.�.� of). G/JGl�U�.� '.r5 PO;;o�, Christina D. Welch, President w SEAL 'z FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D elch, who is personally known to me and who executed the foregoing document for the purposes expressed therei Christopher Shoucair, EVP, CFO, Treasurer, Secretary FCCI Insurance Company My commission expires: 2/27/2027 State of Florida County of Sarasota Before me this day personally the foregoing document for the purpos My commission expires: 2/27/20 I, the undersi foregoing Power of Resolution of the 542-NA-04. 712o1 PE • SNOW HF132E535 FWuuy 27.2077 Notary Public a' .eared Christopher Shoucair, who is personally known to me and who executed expressed therein. �r:r•"�« PEGGY SNOW • • CaterU n SW 32463S lvy n.# Fsduuy 21, 2027 CERTIFICATE Notary Public d Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the orney remains in full force and has not been revoked; and furthermore that the February 27, 2020 and of Directors, referenced in said Power of Attorney, is now in force. Dated this 10th day of July , 2023 Christopher Shoucair, EVP, CFO, Treasurer. Secretary FCCI Insurance Company SUBSTITUTED THE AMERICAN INSTITUTE OF ARCHITECTS AIA Docurnent A31O Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Aquatic Control Group, LLC. (Here insert lull name and address 1501 NW 37 Street Miami, FL 33142 as Principal, hereinafter called the Principal, and FCC1 Insurance Company 6300 University Parkway Sarasota, FL 34240-8424 a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Flonda 33130 as Obligee, hereinafter called the Obligee, in the sum of ---- for the payment of which sum well and truly to be made ourselves, our heirs, executors, administrators, successo these presents. WHEREAS, The Principal has submitted a bid for Invitation fo (Here insert full nam egol tale or Contractor) address or logal title of Surety) — Five Percent of Amount Bid ------ Dollars (S 5% ) he said Principal and the said Surety, bind and assigns, jointly and severally„ firmly by (Here insert full name, address and deScnplon of protect) r Bid for Canal ping Services - IFB Number 1704386 ces at various locations in Miami, FL accept Ir bid of the Principal and the Principal shall enter into a Contract with of su bid, and give such bond or bonds as may be specified in the bidding ffici surety for the faithful perfomiance of such Contract and for the prompt t- prosecution thereof, or in the event of the failure of the Principal to enter s, if the Principal shall pay to the Obligee the difference not to exceed the ed in said bid and such larger amount for which the Obligee may in good faith Work covered by said bid, then this obligation shall be null and void, otherwise in Canal Cleaning Se NOW, THEREFORE, if the Obligee shah the Obligee in accordance with the terms or Contract Documents with good and su payment of labor and matenal furnished such Contract and give such bond or bo penalty hereof between the amount spe contract with another party to perform to remain in full force and effect. Signed - d sealed • 1r 1 f yin (II unc ,,t day of July, 2023 Aquatic Control Group, LLC (}'rur„purr (Se+lt Mark Brooks, President oak) FCCI Insurance Company Jar (Surety) 11164 iviw>• Jessie Sloanrnircr Attorneydn-Fact t} Flonda Licensed Resident Agent Inquiries. (321) 800-6594 AW DOCUMENTA310 BID BOND AIA 0 FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y AVE. N.W., WASHINGTON, D.C. 20006 1 Web Site Address: www.mi IFB Number: 1704386 Title: Issue Date/Time: Invitation for B• for Canal Cleaning Ser es June 22, 23 SUBSTITUTED City of Miami Invitation for Bid (IFB) Procurement Depa ent Miami River .e Center 444 SW 2^d nue, 6th Floor mi, Florida 33130 ov.com/.rocurement IFB Closing Date/Time: July 2023 @ 4:OOPM Pre-Bid/Pre-Proposal Conference: V i ntary Pre-Bid/Pre-Proposal Date/Time: une 27, 2023 @ 11:30AM Pre-Bid/Pre-Proposal Location: VIRTUAL Deadline for Request for Clarificati : July 3, 2023 @ 2:OOPM Contracting Officer: TAHLIA GRAY Hard Copy Submittal Locati' NO HARDCOPIES SUBMITTALS ALLOWED Contracting Officer E-M Address: TGRAY@MIAMIGOV.COM Contracting Officer F , simile: 305-400-5019 I SUBSTITUTED 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 price We (I) certify that we have read your solicitation, completed the necessary documents, and propo 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 principa .wners or personnel have been convicted of any of the violations or debarred or suspended as set in s tion 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (ref: to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this sub that this submission is made without prior understanding, agree firm, or person submitting a submission for the same materi all respects fair and without collusion or fraud. We (I) agr solicitation and certify that I am authorized to sign thi following and sign your name: PROPOSER NAME: Aquatic Control Gro • Inc. ADDRESS: 1501 NW 37 Street, Mi PHONE: 305-546-4423 EMAIL: aquaticplantmgt SIGNED BY: TITLE: Preside mail.com i FI 33142 FAX: sion is true; and we (I) further certify ent, or connection with any corporation, , supplies, equipment, or service, and is in to abide by all terms and conditions of this ubmission for the submitter. Please print the CELL(Optional): DATE: 06/25/2023 FAIL TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RE' ' ONSE. SUBSTITUTED Certifications Legal Name of Firm: Aquatic Control Group Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 03/2011 Office Location: City of Miami, Miami -Dade County, or Other 1501 NW 37 Street, Miami FI 33142 Business Tax Receipt/Occupational License Number: City of Miami Lisc# 152764 Business Tax Receipt/Occupational License Issuing Agency: City of Miami Business Tax Receipt/Occupational License Expiration Date: Sept 30,2023 Federal Employee Identification Number (FEIN): FID# 82-1946936 Will Subcontractor(s) be used? (Yes or No) If ye • complete Attachment D - Subcontractors and submit with your bid response. Yes Please list and acknowledge all adden date of receipt (i.e., Addendum No. , 1/10/20). If no addendum/addenda was/were issued, please insert N/A. /addenda received. List the addendum/addenda number and Addendum #1 June 23,2► 3 Addendum #2 July 6, 2023 Addendum #3 July 11 2023 If Bidder has a Local Off ' • , as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, no . ized, and included with its bid response the "City of Miami Local Office Certification" form? S OR NO? (The City of Miami Local Office Certification form is attached to this solicitation as : achment G - Local Office Certification.) Yes SUBSTITUTED IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STA ENT AND CERTIFICATIONS SECTION WILL RENDER YOUR BID NON-RESP • SIVE. • FAILURE TO COMPLETE AND UPLOAD ANY REQUIRED DOCU ENTS WILL RENDER YOUR SUBMISSION AS NON -RESPONSIVE • IF ANY DOCUMENT IS TOO LARGE FOR UPLOADING, SPL . THE DOCUMENT INTO MULTIPLE FILES, NAME THE FILES APPROPRIATEL AND UPLOAD INTO PERISCOPE. • CONTACT PERISCOPE VENDOR SUPPORT TOLL-FRE EMAIL S2G-SUPPORT s PERISCOPEHOLDINGS.CO TECHNICAL DIFFICULTIES AND PROBLEMS. BER 800-990-9339, OR OR PERISCOPE SUBSTITUTED General Terms and Conditions 1.0 GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 1 -73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-7 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of go estimated aggregate cost of $25,000.00 or more. s/ services with an Definition: A Formal Solicitation is defined as issuance of an Invitation for Bi , Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City Miami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation sha se defined in the same manner herein. 1.1 ACCEPTANCE OF GOODS - Any good(s) delivered under this . •rmal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actua p sage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the ter. s herein and be fully in accordance with specifications and of the highest quality. In the event the goods - , pplied to the City are found to be defective or do not conform to specifications, the City reserves the rig to cancel the order upon written notice to the Successful Bidder(s)/Contractor and return the product to th-, .uccessful Bidder(s)/Contractor at the Successful Bidder(s)/Contractor's expense. 1.2 ACCEPTANCE OF OFFER - The signed or ectronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; suc ffer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3 ACCEPTANCE/REJECTION - The ' ty reserves the right to accept, reject any or all, or portion of responses after opening/closing date, an . equest re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, t► Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejecti'.. The City also reserves the right to reject the Response of any Bidder which has previously failed to pro . , y perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar n. e, and which is not capable to perform the requirements defined in this Formal Solicitation. The fore!, ng is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the ght to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at sole discretion, re -issue the Formal Solicitation. Type text here 1.4 ADDENDA - is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries om prospective Bidders will be provided in the form of an Addendum. Addenda are available on the : riscope Procurement Solutions Platform ("Periscope") only. 1.5 ALTE by the Ci ATE RESPONSES -Alternate responses will not be considered, unless specifically requested 1.6 • ' IGNMENT - Successful Bidder(s)/Contractor agrees not to subcontract, assign, transfer, convey, SUBSTITUTED sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, a /or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees throuand including, appellate litigation and any post judgment proceedings. 1.8 AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder(s)/Contrac provide access at all reasonable times to the City, or to any of its duly authorized representativ documents, papers, and records of Successful Bidder(s)/Contractor which are directly perti Solicitation, for the purpose of audit, examination, excerpts, and transcriptio Bidder(s)/Contractor shall maintain and retain any and all of the books, document pertinent to the resulting Contract for three (3) years after the City makes final paym matters are closed. Successful Bidder(s)'s/Contractor's failure to, or refusal to comp result in the immediate cancellation of this Contract by the City. The Audit Rig of the City Code apply as supplemental terms and are deemed as being incorp r agrees to , to any books, t to this Formal The Successful papers, and records t and all other pending with this condition, shall set forth in Section 18-102 ated by reference herein. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any gov mental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of thi ontract and purchase any, and all goods/services, specified herein from the Successful Bidder(s)/Contr tor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, . . regulations. Additionally, any governmental entity outside of the State of Flo a but, within the Continental United States of America, may avail itself to this Contract and purchase any , d all goods/services, specified herein from the Successful Bidder(s)/Contractor at the Contract price(s) esta shed herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi-governme • al entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, . . ce its own orders, issue its own purchase orders, be invoiced there from and make its own payments s etermine shipping terms and issue its own exemption certificates as required by the Successful Bidder /Contractor. 1.10 AWARD OF CONTRACT - A. The Formal Solicitation, any constitute the entire Contract enda issued, the Bidder's response, and the Purchase Order shall less modified in accordance with any ensuing Contract, or amendment. B. The award of a Contract s here there are Tie Bids, the tie breaker will be decided by the Director of Procurement or desig . e, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Pre • rence to Businesses with Drug -Free Workplace Programs. C. The award of t Contract may be preconditioned on the subsequent submission of other documents as specified i • the Special Conditions or Specifications/Scope of Work. Bidder may be found non- responsive such documents are not submitted in a timely manner and in the form required by the City. e Bidder is found non -responsive, the City, through action taken by the Department of Procur ent, will void its acceptance of the Bidder's Response and may accept the Response from the next .west responsive, responsible Bidder most advantageous to the City or may re -solicit for the g e s s/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its d bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs SUBSTITUTED sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued Successful Bidder(s). These documents may either be, a Purchase Order, Notice of Award, Contract Award Sheet. to e /or E. The City reserves the right to automatically extend this Contract for up to one hundred : ghty (180) calendar days beyond the stated Contract term, in order to provide City departments th continual service and supplies while a new Contract is being solicited, evaluated, and/or award- If the right to extend is exercised, the City shall notify the Successful Bidder(s)/Contractor, in ting, of its intent to extend the Contract in accordance with the existing terms and conditions for .. pecified number of days. Additional extensions beyond the first one hundred eighty (180) day exte ion may occur, if, the City and the Successful Bidder(s)/Contractor are in mutual agreement of su extensions. F. Where the Contract involves a single shipment of goods to the City, th- ontract 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-orde ump sum, individual -item basis, or such method of award in the best interest of the City, unless o , -rwise specified. H. A Contract may be awarded to the Successful Bidder(s) ontractor by the City Commission based upon the minimum qualification requirements reflected erein. 1.11 BID BOND/ BID SECURITY - A cashier's or certi -d check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Securi signed by a surety company that is licensed to do business in the State of Florida, payable to the City of i ami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Co itions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bid, r. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to ac it the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are r ed to unSuccessful Bidder(s)s within ten (10) days after the award and Successful Bidder(s)'s acceptan of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing da '-, and no Contract has been awarded, all bid deposits will be returned on demand. 1.12 BID SECURITY FORFEI 1 LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bon ►, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture o e Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigati► of damages sustained which cannot be determined at the time of award. Award may then be made to the , xt lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13 BID RESPON and submitted acc expressly permi FORM - All required forms in the Formal Solicitation should be completed, signed, ingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if d in the solicitation. 1.14 BRA . NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufac . ers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, ction, minimum standard of design, efficiency, grade, or quality of goods only. When the City does SUBSTITUTED not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbe listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equip ' nt that meets or exceeds the applicable specifications, including without limitation the following: Equal i very important attribute, to include industry quality measurable standard, quality of product, accessi - ity of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete s s of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the Ci to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, i uding appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole jus e of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the c • currence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specifi evidence in the form of samples may be requested, if the proposed brand is other than specified by the P . Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. samples are requested by the City, such samples must be received by the City no later than seven (7) cale • . ar days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufa er's name, brand name, and/or model number, that named item is the only item that will be accepted by t. City in that particular instance. 1.15 CANCELLATION -The City reserves the right to ancel this Formal Solicitation, before its opening/closing. In the event of cancellation, the Director o rocurement shall notify all prospective Bidders and provide a written explanation for the cancellation. ere shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16 CAPITAL EXPENDITURES - Success'. Bidder(s)/Contractor understands that any capital expenditures that the Successful Bidder(s)/Contr. for makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a ' • siness risk which the Successful Bidder(s)/Contractor must assume. The City will not be obligated to imburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder(s)/Contractor. If Successful Bidder(s)/Contractor has been unable to recoup its capital expen es during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FO liable for, or responsible to, t stoppages or delay in the wo account of any delay for ELAYS -It is further expressly agreed that in no event shall the City be idder, any subcontractor, or to any other person for, or on account of, any herein provided for by injunction, or other legal or equitable proceedings, or on cause over which the City has no control. 1.18 COLLUSION - idder, by submitting a response, certifies that its response is made without previous understanding, agre ' ent, or connection either with any person, firm, or corporation submitting a Bid for the same goods/servi • s, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that it . esponse is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in compli. ce with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations ere collusion may have occurred, and the City reserves the right to reject any and all Bids where collusio ► ay have occurred. SUBSTITUTED 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder(s)/Contracto understands that contracts between private entities and local governments are subject to certain laws, cod and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of int- - st, ethics records keeping, etc. City and Successful Bidder(s)/Contractor agree to comply with and obs- e all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approv.. and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in an ay affect the goods or services offered, including, but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, a.licant, or client because of race, creed, color, national origin, sex, or age with regard to, bu of limited to, the following: employment practices, rate of pay or other compensation methods, -, d training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Forma .olicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity mes. D. Environment Protection Agency (EPA), as applicable to this Fo f 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 OSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), .. applicable to this Formal Solicitation. I. City Procurement Ordinance, City Code S ' ion 18, Article III. J. Conflict of Interest, City Code Section -611;61. K. Cone of Silence, City Code Sectio . 18-74. L. The Florida Statutes Sections 8.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Su essful Bidder(s)/Contractor will in no way be a cause for relief from responsibility. Non-complianc ith all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be onsidered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordi ces may be obtained from the City Clerk's Office. 1.20 CONE OF S NCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon ea Formal Solicitation once advertised and terminates at the time the City Manager issues a written recom ndation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solic .tions for the provision of goods and services for amounts greater than $200,000. The Cone of Silence pre ibits any communication regarding Formal Solicitations between, among others: otential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff SUBSTITUTED including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Proc ent staff, provided the communication is limited strictly to matters of process or procedure already con . ned in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral com 'cations at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to th- iami City Commission during a duly noticed public meeting; or communications in writing or by email . any time with any City employee, official or member of the City Commission unless specifically prohibite • •y the applicable Formal Solicitation documents; or communications in connection with the collection of i stry comments or the performance of market research regarding a particular Formal Solicitation by City P •curement staff. Bidders must file a copy of any written communications with the Office of the City ' erk, which shall be made available to any person upon request. The City shall respond in writing and file . copy with the City Clerk's Office, which shall be made available to any person upon request. Written com ' nications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Con any award voidable. A violation by a particular Bidder, lobbyist or c penalties pursuant to the City Code. Any person having personal shall report such violation to the State Attorney and/or may fil Commission on Ethics. f Silence by any Bidder shall render sultant shall subject same to potential wledge of a violation of these provisions a complaint with the Miami Dade County This language is only a summary of the key provisions o e Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough descri • on of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.• •m, to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political •division, the City of Miami is subject to the Florida Government in the Sunshine (public Meetin' . Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no ap cation when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - ' dders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no e ted/appointed official or employee of the City of Miami is financially interested, directly or indirectly, the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the adder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of . City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets capital stock in Bidder's firm. A. Bidder furthe , .green not to use or attempt to use any knowledge, property, or resource which may be within his I r trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself self, or others. Bidder may not disclose or use information not available to members of the genera .ublic and gained by reason of his/her position, except for information relating exclusively to gov- mental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other pe ', on, or business entity. B Bidder hereby acknowledges that he/she 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 further warrant that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: (i) member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of any or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any contr t with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additiony, violations may be considered by and subject to action by the Miami -Dade County Commission ' Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been no v •lation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered a/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmless r em any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY BIDDER - All expenses involved with the pre to the City, or any work performed in connection therewith shall be borne 1.25 DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After Contractual Party, and after reasonable opportunity for consultation with the Chief Procurement Officer an debar a Contractual Party, for the causes listed belo The debarment shall be for a period of not fewer t the authority to suspend a Contractual Party fr probable cause for debarment, pending the contractors shall be exercised in accord Procurement Officer after approval by t ation and submission of Bids the Bidder. onable notice to an actual or prospective ch party to be heard, the City Manager, after he City Attorney, shall have the authority to , from consideration for award of City Contracts. three (3) years. The City Manager shall also have consideration for award of City Contracts if there is arment determination. The authority to debar/suspend with regulations which shall be issued by the Chief City Manager, the City Attorney, and the City Commission. ce re B. Causes for debarment/suspensio i auses for debarment or suspension include the following: 1. Conviction for commissio ► of a criminal offense incident to obtaining or attempting to obtain a public or private Contror subcontract, or incident to the performance of such Contract or subcontract. 2. Conviction under ate or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of r. ords, receiving stolen property, or any other offense indicating a lack of business integrity or b iness honesty. 3. Convict' ' under state or federal antitrust statutes arising out of the submission of Bids or Propo . s. 4. V . ation of Contract provisions, which is regarded by the Chief Procurement Officer to be dicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a SUBSTITUTED party shall not be considered a basis for debarment/suspension. 5. Debarment/suspension of the Contractual Party by any federal, state or other governmental en 6. False certification pursuant to paragraph C below. 7. Found in violation of a zoning ordinance or any other city ordinance or regulation a the violation remains noncompliant. for which 8. Found in violation of a zoning ordinance or any other city ordinance or regula .n 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 c► pelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and le es by the city shall contain a certification that neither the Contractual Party nor any of its princ ..1 owners or personnel have been convicted of any of the violations set forth above or debarred o suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the prisions of paragraph (a), the City Manager shall render a written decision stating the reasons for e debarment or suspension. A copy of the decision shall be provided promptly to the Contrac Party, along with a notice of said parry's right to seek judicial relief. 1.26 DEBARRED/SUSPENDED VENDORS - An Florida debarred or suspended vendor list may not services to a public entity; may not submit a Resp or repair of a public building or public work; entity; may not be awarded or perform wor contract with any public entity; and may n 1.27 DEFAULT/FAILURE TO PE shall include any failure on the p required documents, and/or to ful Upon default by the Successful Successful Bidder(s)/Contrac days (weekends and holid Successful Bidder(s)/Co Contract being termi intentions and the of A. Failure the ti an ed tity or affiliate who has been placed on the State of bmit a Response for a solicitation to provide goods or se to a solicitation with a public entity for the construction y not submit response on leases of real property to a public as a contractor, supplier, subcontractor, or consultant under a ansact business with any public entity. ORM -The City shall be the sole judge of nonperformance, which of the Successful Bidder(s)/Contractor to accept the award, to furnish any portion of this Contract within the time stipulated. idder(s)/Contractor to meet any terms of a Contract, the City will notify the r of the default and will provide the Successful Bidder(s)/Contractor three (3) excluded) upon notification, by the City, to remedy the default. Failure by the actor to correct the default within the required three (3) days, shall result in the upon the City notifying in writing the Successful Bidder(s)/Contractor of its ctive date of the termination. The following shall constitute default: perform the work or deliver the goods/services required under the Contract, and/or within required, or failing to use the subcontractors, entities, and personnel as identified and set forth, o the degree specified in the Contract. ailure 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 re cted as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or i .lvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assi,. ment renders the Successful Bidder(s)/Contractor incapable of performing the work in accord. ' e with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respe All costs and charges incurred by the City as a result of a default, or a default in stated, together with the cost of completing the work, shall be deducted from become due on this Contract to the Successful Bidder(s)/Contractor. ed beyond the time limits y monies due, or which may 1.28 DETERMINATION OF RESPONSIVENESS AND RESPONS : ILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outline - in the Formal Solicitation. A. Responsive Bid is one which follows the requireme of the Formal Solicitation, includes all documentation, is submitted in the format outlined in ' Formal Solicitation, is of timely submission, and has appropriate signatures as required on • .ch document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Respo .le Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determine. der Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, an e integrity and reliability of which give reasonable assurance of good faith and performance. 1. Bids will only be considers . rom any person or firm who are regularly engaged in the business of providing the good(s)/se ice(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisfac .ry record of performance and integrity, and have sufficient financial, material, equipmen facility, personnel resources, and expertise to meet all contractual requirements. 2. The City ma consider any information available regarding the financial, technical, and other qualificatio ' and abilities of a Bidder, including past performance (experience) with the City or any othe _overnmental entity, in making the award. 3. The ty may require the Bidder(s) to provide documentation that they have been designated as an a orized representative of a manufacturer or supplier which is the actual source of supply, if quired by the Formal Solicitation. SUBSTITUTED 1.29 DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Term and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted fr Successful Bidder(s)/Contractor during the term of the Contract. Such discounts shall remain in effect .r a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts ► fered by a manufacturer to Successful Bidder(s)/Contractor will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or o .lions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the Ci Procurement Depaitnient. Should it be found necessary, a written Addendum will be incorporated in the .rmal Solicitation and will become part of the Purchase Order (Contract documents). The City will not b- esponsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation precedence to the following documents, the first of such list being the g 1. Addenda (if applicable) 2. Specifications 3. Special Conditions 4. General Terms and Conditions s. : 1 be resolved by giving erning documents. 1.31 EMERGENCY/DISASTER PERFORMANCE -In the ev t of a natural disaster or other emergency, or disaster situation, the Successful Bidder(s)/Contractor shall p •vide the City with the commodities/services defined within the scope of this Formal Solicitation at the p e contained within Bidder's response. Further, Successful Bidder(s)/Contractor shall deliver/perform for e City on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT -The Bid Contrt consists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidd s Response and any written agreement entered into by the City of Miami and Successful Bidder(s)/Contr tor, and represents the entire understanding and agreement between the parties with respect to the eject matter hereof and supersedes all other negotiations, understanding, and representations, if any, . de by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or change . ny of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, in•. ding any addenda, and then the Bid shall control. This Contract may be amended only in writing by the through the City Manager. 1.33 ESTIMATED QUANTI only: (a) estimates are based (b) the City may use these include possible additio profit entities utilizing during the Contract award of the Co meeting specifi prices in this 1.34 EV S - Estimated quantities or dollars are provided for the Bidder's guidance the City's anticipated needs and/or usage during a previous contract period and timates to determine the low Bidder. Estimated quantities do not contemplate or quantities that may be ordered by other government, quasi -government or non - is Contract. No guarantee is expressed or implied as to quantities that will be purchased nod. The City is not obligated to place an order for any given amount subsequent to the act. Said estimates may be used by the City for purposes of determining the low Bidder tions. The City reserves the right to acquire additional quantities at the prices bid or at lower ormal Solicitation. UATION OF RESPONSES — SUBSTITUTED A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1. Bidder fails to acknowledge receipt of addenda; 2. Bidder misstates or conceals any material fact in the Bid; 3. Bid does not conform to the requirements of the Formal Solicitation; 4. Bid requires a conditional award that conflicts with the method of award; 5. Bid does not include required samples, certificates, licenses; and, 6. Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the City. B. Elimination from Consideration. 1. A Bid Contract shall not be awarded to any person or firm which is in ears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon , y obligation to the City. 2. A Bid Contract may not be awarded to any person or firm whic as failed to perform under the terms and conditions of any previous contract with the City o ailed to deliver on time, under contracts of a similar nature. 3. A Bid contract may not be awarded to any person or firm - ho has been debarred by the City, in accordance with the City's Debarment and Suspension 0 • finance (Section 18-107), or is currently debarred by the State of Florida or any political subdiv .ion, or is on the convicted vendor's list per Section 287.133, Florida Statutes. y reject, and/or st interest of the 1.35 EXCEPTIONS TO GENERAL TERMS - ND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in th- : id and shall reference the applicable section. Any exceptions to the General Terms and/or Special C s • itions shall be cause for a Bid to be considered non- responsive. 1.36 FREIGHT ON BOARD (F.O.B) 1. STINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by e Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included i e bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejec ► •n of Bid. 1.37 FIRM PRICES - The Bidde throughout the duration of the B will remain firm for the perio arrants that prices, terms, and conditions quoted in its Bid will be firm Contract unless otherwise specified in the Formal Solicitation. Such prices f performance, or resulting purchase orders, or Bid Contracts. 1.38 FLORIDA MINI WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Mi Section 24 in Flori respo em um Wage. In accordance with the Constitution of the State of Florida, Article X, mployers shall pay employee wages no less than the minimum wage for all hours worked . Accordingly, it is the Successful Bidder(s)'s/Contractor's and their subcontractor's bility to understand and comply with this Florida minimum wage requirement and pay its yees the current established hourly minimum wage rate. This minimum wage rate is subject to c nge or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage arners and clerical workers, CPI-W, or a successor index as calculated by the United States Depailnient 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 followin January 1st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whe . er any of their employees may be impacted by this Florida Minimum Wage Law, at any given po in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, emplo e name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this informatio . .t the time of bid submittal constitute Successful Bidder(s)'s/Contractor's acknowledgement and . erstanding that the Florida Minimum Wage Law will not impact its prices throughout the term e ' the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves th• ght to request, and the Successful Bidder(s)/Contractor must provide for any, and all informati to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted . Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,1 ; 1 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, • ; the City. "Service Contract" means a contract to provide services to the ity, excluding, however, professional services as defined by the "Consultants Competitive Negoti on Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusi ' s provided by Section 18-557 of the City Code. Section 18-557. If a solicitation requires services, effective on uary 1, 2017, Contractors must pay to all its employees, who provide services, a living wage s no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, wi ealth benefits. This language is only a summary of the provisions of the City of Miami Living Wage Ordinance. Please review Section 18-557 of the Ci ' - Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND V E - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be govern by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising • . t of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each p shall bear their own respective attorney's fees. 1.40 HEADINGS AND inserted for convenient affecting in any way, S - The headings to the various paragraphs of the Bid Contract have been erence only and shall not in any manner be construed as modifying, amending, or expressed terms and conditions hereof. 1.41 HEALTH I► URANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity at performs or assists the City of Miami with a function or activity involving the use or disclosure of ndividually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall comp • with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami P vacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which includ , but are not limited to: SUBSTITUTED 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 conditi • s that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and inco requested by the customer; G. Making PHI available to the City of Miami for an accounting of discl ating any amendments es; and H. Making internal practices, books and records related to PHI . - ailable to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and • -thod of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder(s)/Co actor must give its customers written notice of its privacy information practices, including specifically, a ' scription of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder(s)/Co actor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its •fficers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs eluding, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness . egligent act or omission, or intentional wrongful misconduct of Successful Bidder(s)/Contractor and perso employed or utilized by Successful Bidder(s)/Contractor in the performance of this Contract. The Success : idder(s)/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold h. p less for, and defend (at its own cost), the City its officials and/or employees against any civil actions, sttory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is all:- ed that the City, its officials, and/or employees were negligent. In the event that any action or proceedi : is brought against the City by reason of any such claim or demand, the Successful Bidder(s)/Contracto all, upon written notice from the City, resist and defend such action or proceeding by counsel satisfa •ry to the City. The Successful Bidder(s)/Contractor expressly understands and agrees that any insurance . otection required by this Contract or otherwise provided by the Successful Bidder(s)/Contractor sha n no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, - ployees, agents and instrumentalities as herein provided. The indemnificati • provided above shall obligate the Successful Bidder(s)/Contractor to defend, at its own expense, to and rough trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defe at the City's option, any and all claims of liability and all suits and actions of every name and description - ich may be brought against the City, whether performed by the Successful Bidder(s)/Contractor, or person employed or utilized by the Successful Bidder(s)/Contractor. SUBSTITUTED 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 th limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s)/Contractor shall require all sub-consultant/contractor agreements to include a pr' ision that each sub -contractor will indemnify the City in substantially the same language as this Se on. The Successful Bidder(s)/Contractor agrees and recognizes that the City shall not be held liable or res ' •nsible for any claims which may result from any actions or omissions of the Successful Bidder(s)/Contrtor in which the City participated either through review or concurrence of the Consultant's actions. In revi- ping, approving or rejecting any submissions by the Successful Bidder(s)/Contractor or other acts the Successful Bidder(s)/Contractor, the City, in no way, assumes or shares any responsibility or liabi of the Successful Bidder(s)/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, d independent consideration for the granting of this Indemnification, the receipt and sufficiency of whiis voluntarily and knowingly acknowledged by the Successful Bidder(s)/Contractor. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Bidder • ust furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may ► specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, techn. ' .1 specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Re ence to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable es during the term of the Bid Contract, inspect Successful Bidder(s)'s/Contractor's facilities and perfs such tests, as the City deems reasonably necessary, to determine whether the goods and/or services requ d to be provided by the Successful Bidder(s)/Contractor, under the Bid Contract conform to the term and conditions of the Formal Solicitation. Successful Bidder(s)/Contractor shall make available to t City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City r' .resentatives. All tests and inspections shall be subject to, and made in accordance with, the provisions e ' the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supp mented, from time to time, which, in conjunction with Section 18- 102, providing for audits of City contrors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45 INSPECTION OF BID - : ids received by the City, pursuant to a Formal Solicitation, will not be made available until such time as t City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is e. ier. Bid results will be tabulated and may be furnished upon request, via fax or e- mail, to the City's Proc . ement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's ebsite following a recommendation for award. 1.46 INSURAN ' - Within ten (10) days after receipt of Notice of Award, the Successful Bidder(s)/Con tor, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted ev ence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Co ' itions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuan ' ' of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder(s)/Contractor shall be verbally notified of such deficiency and shall hay an additional five (5) calendar days to submit a corrected certificate to the City. If the Succe 1 Bidder(s)/Contractor fails to submit the required insurance documents in the manner prescribed in the F , al Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the S essful Bidder(s)/Contractor shall be in default of the contractual terms and conditions and will not be a • . ded the contract. Information regarding any insurance requirements shall be directed to the Risk Manage t Director, Depaitinent of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 3 -416-1384. The Successful Bidder(s)/Contractor shall be responsible for ensuring that the insurance ► . currents required in conjunction with this Section remain in effect for the duration of the contractual riod; including any renewals and extensions that may be exercised by the City. 1.47 INVOICES - Invoices submitted by Successful Bidder(s)/Contractor to the C shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, . it price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Paymen • ct). 1.48 LOCAL PREFERENCE -City Code Section 18-85, states, "whe • a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or m. responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fi - en percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of e aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and fi bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contrt award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award sh be made to the local Bidder." 1.49 MANUFACTURER'S CERTIFICATION e City reserves the right to request from Bidders a separate Manufacturer's Certification of all state ' -nts made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or to ation of the Bid Contract, for which the Bidder/Successful Bidder(s)/Contractor shall bear full liability. 1.50 MODIFICATIONS OR CHANGIN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Form Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon t• - City, unless made in writing by the City's Director of Procurement through the issuance of a change rder, addendum to the Bid Contract, Purchase Order, or award sheet, as applicable, or via a written ame ' ment by the City Manager. 1.51 MOST FAVORED TIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly . ated local government and, in this regard, grants the City a "most favored nations clause" meaning the C • will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bid. (s)/Proposer grants now or in the future to a similarly situated local government. 1.52 NO PAR ERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed create a partnership or joint venture between the City and Successful Bidder(s)/Contractor, or to create . other similar relationship between the parties. 1.53 N ! CONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with SUBSTITUTED specifications under the direction of the Florida Depailnient of Agriculture and Consumer Services, or by of appropriate testing laboratories as determined by the City. The data derived from any test for compliance - ith specifications is public record, and open to examination thereto in accordance with Chapter 119, srida Statutes. Items delivered, not conforming to specifications may be rejected, and returned at S cessful Bidder(s)'s/Contractor's expense. The non -conforming items not delivered in accordance with th- tipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder(s)/Contractor b g found in default, in which event, any and all re -procurement costs may be charged against the defa -d Successful Bidder(s)/Contractor. Any violation of the above stipulations may also result in the Successful Bidder(s)/Contractor being removed from the City's supplier's list. 1.54 NONDISCRIMINATION - Successful Bidder(s) shall not unlawfully discrim ate against any person in its operations and activities or in its use or expenditure of funds in fulfilling s obligations under this Agreement. Successful Bidder(s) shall affirmatively comply with all applicable - ovisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by ity, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all a- .licable regulations, guidelines, and standards. In addition, Successful Bidder(s) shall take affirmative st:. s to ensure nondiscrimination in employment against disabled persons. Successful Bidder(s) affirms that it shall not discriminate as to race, a', , religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mentdisability, political affiliation, or any other factor which cannot be lawfully used in connection with its •erformance under the Formal Solicitation. Furthermore, Successful Bidder(s) affirms that no otherwise • lified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual on tation, national origin, marital status, physical or mental disability, political affiliation, or any other factor ich cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjecte o, discrimination under any program or activity. In connection with the conduct of its business, includi ; performance of services and employment of personnel, Successful Bidder(s) shall not discriminate against y person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national o in, marital status, physical or mental disability, political affiliation, or any other factor which cannot ► lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for emp , ment. 1.55 NON-EXCLUSIVE CONTRAC PIGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves e right to advertise for, receive, and award additional contracts for the goods and/or services described he in, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sours, for the purchase of the goods and/or services described herein, as may be available in accordance with t applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and Successful Bidder(s)/C the Formal Solicitatio rstood that the Formal Solicitation does not constitute the exclusive rights of the actor(s) to receive all orders that may be generated by the City, in conjunction with In addition, any . d all goods, and/or services required by the City in conjunction with construction projects are solicited ► er a distinctly different solicitation process and shall not be purchased under the terms, conditions a . awards rendered under the Formal Solicitation, unless such purchases are determined to be in the best in est of the City. 1.56 ► 0 TICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or SUBSTITUTED technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitati to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. PM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to b- timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and to icalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNIC ITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will • ,t give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission r, a uirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57 OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any p' son, firm, corporation, or joint venture, with a business location within the City's municipal boundaries d is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirem: is in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside ► the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt re. rements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; h► , ever, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupa al License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certific.. of Use ("CU") will be required if applicable under City regulations. 1.58 ONE PROPOSAL - Only one (1) Bid from an in' vidual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Solicita n, unless otherwise stipulated in the Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It i derstood by and between the parties, that any documents, records, files, or any other matter wh. '.oever, which is given by the City to the Successful Bidder(s)/Contractor, pursuant to the Form. Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidde . /Contractor for any other purposes whatsoever, without the written consent of the City. 1.60 PARTIAL INVALIDITY - ' any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any ex - t be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons o ircumstances other than those as to which it is held invalid, shall not be affected thereby, and each provisio .f the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61 PERFORMAN /PAYMENT BOND - A Successful Bidder(s)/Contractor may be required to furnish a Performance/Pa ent Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent 00%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acce - able to the City of Miami Risk Management Director. 1.62 P ' " ARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawin.., and all special and general conditions. All bid amounts, if required, shall be either typewritten, or SUBSTITUTED manually entered into the space provided, with ink. Failure to do so will be at the Bidder's risk. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder sha sign the Bid, and print type or manually enter the name of the Bidder, the Bidder's address and t- phone number, on the face page and on each continuation sheet thereof, on which the Bidder make an entry, where required. B. If so required, the unit price for each unit offered, shall be shown, and such p e shall include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premis- ' , unless otherwise specified. Bidder shall include in their Bid all taxes, insurance, social sec ty (if applicable), workmen's compensation, and any other benefits normally paid by the Bidto its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each ito . Based upon estimated quantity, an extended price shall be entered in the "Extended Price" colu.' for each item offered. In case of a discrepancy between the unit price and extended price, the un - .rice will prevail. C. The Bidder must state a definite time, if required, in calendar d s, for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents f future reference. E. All Bids, as described, must be fully completed, and typo . , or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee ' . wing authority to represent the Bidder by their signature. Bids having any erasures or corrections, ' ust be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 da . Upon award of a Bid Contract, the content of the Successful Bidder(s)'s/Contractor's Bid, be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be use result in the rejection of the Bid. 1.63 PRICE ADJUSTMENTS - reason of market change, or on passed on to the City. hen Bidder is submitting its Bid. Use of any other forms, will y price decrease effectuated during the Bid Contract period, either by part of the Successful Bidder(s)/Contractor to other customers shall be 1.64 PRODUCT SUBST TES - In the event a particular awarded and approved manufacturer's product becomes unavailable d : g the term of the Bid Contract, the Successful Bidder(s)/Contractor awarded that item may arrange wit. he City's authorized representative(s) to supply a substitute product at the awarded price or lower, prov . ed that a sample is approved in advance of delivery, and that the new product meets or exceeds all quali equirements. 1.65 CONF T OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successful ' dder(s)/Contractor represents and warrants to the City, that it has not employed, or retained any person, o company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder . /Contractor 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 the Bid Contract. 1.66 PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, disc shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal So itation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentage iscount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that t- terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the Ci - - , whichever is later. When the City is entitled to a cash discount, the period of computation will commence ' the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in pa ent is necessary due to damage, the cash discount period shall commence on the date final approval for yment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence o a cash discount, the City is entitled to a cash discount with the period commencing on the date it is det ined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will • accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florid. 'rompt Payment Act, as applicable. 1.67 PROPERTY - Property owned by the City is the responsib ty of the City. Such property furnished to a Successful Bidder(s)/Contractor for repair, modification, stu s - , etc., shall remain the property of the City. Damages to such property occurring while in the possessio ' of the Successful Bidder(s)/Contractor shall be the responsibility of the Successful Bidder(s)/Contractor. amages occurring to such property while in route to the City, shall be the responsibility of the Successful : dder(s)/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bide (s)/Contractor shall be responsible for the replacement value of the property, at the current market value,1- . depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as e erwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the r:. ltant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their resp- ive heirs, legal representatives, successors, and assigns. 1.69 PUBLIC ENTITY CRIMES - ' person or affiliate who has been placed on the convicted vendor list, following a conviction for a public : tity crime may not: A. Submit a Bid to provide y goods or services to a public entity. B. Submit a Bid on a ontract with a public entity for the construction or repair of a public building or public work. C. Submit resp ses on leases of real property to a public entity. D. Be aw. i ed or perform work as a contractor, supplier, subcontractor, or consultant under a contract with . y public entity. E. . nsact business with any public entity in excess of the threshold amount provided in Section 287.017, or CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor SUBSTITUTED list. 1.70 PUBLIC RECORDS - Successful Bidder(s)/Contractor understands that the public shall have acc• , at all reasonable times, to all documents and information pertaining to City contracts, subject to the provi ons of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access b the City and the public, to all documents subject to disclosure under applicable law. Successful Bidder(s ontractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Co acts; public records". Successful Bidder(s)/Contractor shall additionally comply with Section 119.0701, Flori without limitation: A. Keep and maintain public records that ordinarily and necessarily woul perform this service. Statutes, including e required by the City to B. Provide the public with access to public records on the same terms . d conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwi• provided by law. C. Ensure that public records that are exempt or confidential an s xempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and ansfer, at no cost, to the City all public records in its possession upon termination of this Agreeme i and destroy any duplicate public records that are exempt or confidential and exempt from disclos requirements. E. All electronically stored public records mus .e provided to the City in a format compatible with the City's information technology systems. IF E CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 9, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC REC P ' P S RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC ' ' ORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIG • ' .COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 4 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY AL CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT O IS ADMINISTERING THIS CONTRACT. Successful Bidder(s)/Contract s failure or refusal to comply with the provision of this Section shall result in the immediate cancellation the Bid Contract by the City. 1.71 QUALITY OF G : ODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing, or co . ction of supplies, or materials, covered by the Formal Solicitation shall be new. The items bid shall be • the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherw specified in the Formal Solicitation. 1.72 QUAL OF WORK/SERVICES - The work/services performed shall be of the highest quality and workman p. Materials furnished to complete the service shall be new and of the highest quality, except as otherwi specified in the Formal Solicitation. 1.73 REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitati or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manag , or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the appral of the City Attorney, shall have the authority to resolve disputes between the Successful Bidder . /Contractor and the City which arise under, or by virtue of, a Contract between them; provided th. , in cases involving an amount greater than $25,000, the City Commission must approve the City M. ager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoke s .y a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual onsent, the City Manager shall promptly render a written report stating the reasons for the actio ► aken by the City Commission, or the City Manager, which shall be final and conclusive. A cop e f the decision shall be immediately provided to the protesting party, along with a notice of such p. 's right to seek judicial relief, provided that the protesting party shall not be entitled to such judic . relief without first having followed the procedure set forth in this Section. 1.75 RESOLUTION OF PROTESTED SOLICITATI I .' S AND AWARDS (SECTION 18-104): Right to protest. The following procedures shall be used for resolu •n of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, th estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrates e policies and procedures of purchasing. A. Protest of solicitation. 1. Any prospective propose ' ho perceives itself aggrieved in connection with the solicitation of a contract may protest to e chief procurement officer. A written notice of intent to file a protest shall be filed with th = hief procurement officer within three days after the request for proposals, request for qualifi ions or request for letters of interest is published in a newspaper of general circulation. A n► ce of intent to file a protest is considered filed when received by the chief procurement o icer; or 2. Any pros . ctive bidder who intends to contest bid specifications or a bid solicitation may protest to the c ' ef procurement officer. A written notice of intent to file a protest shall be filed with the chief , ocurement officer within three days after the bid solicitation is published in a newspaper of neral circulation. A notice of intent to file a protest is considered filed when received by the c ef procurement officer. otest of award. SUBSTITUTED 1. Any actual proposer who perceives itself aggrieved in connection with the recommended award contract may protest to the chief procurement officer. A written notice of intent to file a pro st shall be filed with the chief procurement officer within two days after receipt by the propo r of the notice of the city manager's recommendation for award of contract. The receipt by pro , . ser of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. , return receipt requested. A notice of intent to file a protest is considered filed when received dy the chief procurement officer; or 2. Any actual responsive and responsible bidder whose bid is lower than that bidder may protest to the chief procurement officer. A written notice of int be filed with the chief procurement officer within two days after receipt of the city's determination of non -responsiveness or non-responsibili such notice shall be confirmed by the city by facsimile or electr receipt requested. A notice of intent to file a protest is considered procurement officer. the recommended t to file a protest shall the bidder of the notice . The receipt by bidder of is mail or U.S. mail, return ed when received by the chief 3. A written protest based on any of the foregoing must be s emitted to the chief procurement officer within five days after the date the notice of protest wa filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of e evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity th pecific facts and law upon which the protest of the solicitation or the award is based and shall inc s e all pertinent documents and evidence and shall be accompanied by the required filing fee as provid- in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documer .tion, or evidence not contained in the protester's submission to the chief procurement officer at the time ' filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above mits for service by mail. In computing any period of time prescribed or allowed by this section, the day o e act, event or default from which the designated period of time begins to run shall not be included. The . st day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in ich event the period shall run until the end of the next day, which is neither a Saturday, Sunday nor lega oliday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the ti - e for filing. Authority to resolve i rotests; hearing officer(s). Hearing officer ppointed by the city shall have authority to resolve protests filed under this chapter of the City Code. ► city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre-approv; , by the city commission, to resolve protests filed in accordance with this section, no later than five wor g days following the filing of a bid protest. The hearing officer shall have the authority to settle and resole- .ny written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. A. Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, ction 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of n years with a preference given to a lawyer who has served as an appellate or trial court judge. e hearing officer may be appointed from alternative sources (e.g., expert consulting agreeme piggyback contracts, etc.) where the city commission adopts a recommendation of the city a ey that such action is necessary to achieve fairness in the proceedings. The engagement of • aring officers is excluded from the procurement ordinance as legal services. The hearing officers •pointed in the pre - qualified group should be scheduled to hear protests on a rotational basis. B. Right of protest. Any actual bidder or proposer who has standing und- lorida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solic '. tion or the protest of an award as set forth above in this section may request a protest hearing. S a written request for a protest hearing must be initiated with a notice of intent to protest follow- •y an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the ac protest must each be timely received by the chief procurement officer and must comply with all quirements set forth in subsection 18- 104(a). Failure to submit the required notice of intent t• •rotest and the actual protest within the specified timeframes will result in an administrative dis - ssal of the protest. C. Hearing date. Within 30 days of receipt of the no e of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at ich time the person protesting shall be given the opportunity to demonstrate why the decision of e city relative to the solicitation or the award, which may include a recommendation for award b i e city manager to the city commission, as applicable, should be overturned. The party recomme s . ed for award, if it is a protest of award, shall have a right to intervene and be heard. Hearing procedure. The procedure for any such hearing co cted under this article shall be as follows: A. The city shall cause to be ed by certified mail a notice of hearing stating the time, date, and place of the hearing. The noti of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the , otester. B. The party, any in - enor, and the city shall each have the right to be represented by counsel, to call and examine w esses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matt: related to the protest even though the matter was not covered in the direct examination, and to imp- ch any witness regardless of which party first called him/her to testify. The hearing officer may ext- d the deadline for completion of the protest hearing for good cause shown, but such an extens , shall not exceed an additional five business days. The hearing officer shall consider the wri protest and supporting documents and evidence appended thereto, supporting documents or ev . ence from any intervenor, and the decision or recommendation as to the solicitation or award being otested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as SUBSTITUTED applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two ho will be added for the intervenor. In the event of multiple protests for the same project, the he. officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one • y. C. The hearing officer shall consider the evidence presented at the hearing. In any hearing -fore the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall , excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in e conduct of their affairs shall be admissible whether or not such evidence would be admissible in al in the courts of Florida. The hearing officer may also require written summaries, proffers, . ', idavits, and other documents the hearing officer determines to be necessary to conclude the heg and issue a final order within the time limits set forth by this section. D. The hearing officer shall determine whether procedural due process ha .een afforded, whether the essential requirements of law have been observed, and whether the de .ion was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a w ole. Substantial evidence means such relevant evidence as a reasonable mind might accept as ade s . te to support a conclusion. E. Within ten days from the date of the hearing, the hearing offi shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Proc . ement Officer, and the person requesting said hearing a final order consisting of his/her findings o ' act and conclusions of law as to the denial or granting of the protest, as applicable. F. The decisions of the hearing officer are final in te s of city decisions relative to the protest. Any appeal from the decision of the hearing officer s . 1 be in accordance with the Florida Rules of Appellate Procedure. Compliance with filing requirements. Failure of a party to timely file either the ' etice of intent to file a protest or the written protest, together with the required filing fee as provided in sub ction (f), with the chief procurement officer within the time provided in subsection (a), above, shall consti a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be e led to seek judicial relief without first having followed the procedure set forth in this section. Stay of procurements durin, i rotests. Upon receipt of a writt- protest filed pursuant to the requirements of this section, the city shall not proceed further with the soli•. ation or with the award of the contract until the protest is resolved by the chief procurement office .r the city commission as provided in subsection (b) above, unless the city manager makes a written determ .tion that the solicitation process or the contract award must be continued without delay in order to avoid - , immediate and serious danger to the public health, safety or welfare. Costs. All c s accruing from a protest shall be assumed by the protestor. Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check pa . ble to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5 ' 0.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged . ; inst the protestor in any administrative or court proceeding. If a protest is upheld by the chief procure -nt officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any osts assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city i s ieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. Ni 2271, § 2, 8-22- 02; Ord. No. 13629, § 2, 9-8-16) 1.76 SAMPLES - Samples of items, when required, must be submitted within the ti ' - specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to rem e e such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will re t in such samples becoming the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING RE ' ONSIBILITIES - Successful Bidder(s)/Contractor shall not sell, assign, transfer, or subcontract at . ► time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operatio , or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this B Contract, except under, and by virtue of written permission granted by the City through the proper offic s, which may be withheld or conditioned, in the City's sole discretion. 1.78 SERVICE AND WARRANTY - When specifie s the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must exain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer's i arranty, if applicable, should be submitted with Bidder's response. 1.79 SILENCE OF SPECIFICATIONS - 1. e apparent silence of the scope of work/specifications, and any supplemental scope of work/specification . s to any detail or the omission from it, of detailed description concerning any point, shall be regarded . ' meaning that only the best commercial practices are to prevail, and that only materials of first quality and c• ect type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope . work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with is State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bi . , er shall quote not more than the contract price; failure to comply with this request will result in disqualifica •n of the Bid. 1.80 SUBMISSIO ND RECEIPT OF BIDS - Bids may be submitted electronically via Periscope at or before, the specifi closing date and time, as designated in the Formal Solicitation. NO EXCEPTIONS. A. Facsi ile responses will not be considered. B. F , lure to follow these procedures may deem your Bid non -responsive. SUBSTITUTED C. The responsibility for obtaining and submitting a Bid on or before the Bid closing date is solely and strictly the responsibility of Bidder. The City is not responsible for delays specifically caused by an occurrence. Bids received after the Bid closing date and time, will be considered late, will rem unopened and will not be considered for award. D. Late, misdelivered, or incorrectly addressed responses will be rejected. E. All Bids are subject to the conditions specified herein. Bids that do not comply with th:.e conditions may be deemed non -responsive. F. Modifications/changes of Bids already submitted will be considered only if rec ved before the Bid closing date and time. All modifications/changes shall be submitted via Pe ope. Once a Formal Solicitation closes (closed date and/or time expires), the City will not •.nsider any subsequent modifications/changes which alters the Bids. 1.81 TAXES - The City is exempt from any taxes imposed by the State and/. ederal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders sh► •ld be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid ontract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as a ' nded, and all amendments thereto, and shall be paid solely by the Bidder. 1.82 TERMINATION - The City Manager, on behalf of t City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder(s)/Contrtor effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder(s)/Contractor is dete ' ned by the City, to be in breach of any of the terms and conditions of the Bid Contract. B. The City has determined that such to ination will be in the best interest of the City, to terminate the Bid Contract for its own convenien C. Funds are not available to cove e cost of the contracted goods and/or services. The City's obligation is contingent upon the availa ity of appropriate funds. 1.83 TERMS OF PAYMENT - ayment will be made by the City after the goods and/or services have been received, inspected, and founo comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be ade after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and . cceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable la 1.84 TIMELY D IVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The ' ity reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made wi in the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless othe se specified in the Special Conditions. 1.85 TI " E - Title to the goods shall not pass to the City until after the City has inspected and accepted the SUBSTITUTED goods or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids subm ed to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may .e made for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material th qualifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identifie s . s "TRADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title arked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be chal ged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bi ► s er agrees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or atto 's fees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bi► • er's claim. 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOOD - Neither the Successful Bidder(s)/Contractor nor any of their employees shall perform any work, o eliver any goods, unless a change order or purchase order is issued and received by the Successful : dder(s)/Contractor. The Successful Bidder(s)/Contractor will not be paid for any work performed, or goo s delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder(s)'s/Contrac 's employee(s) not otherwise previously authorized. 1.88 USE OF NAME - The City is not engaged in research fe advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other public materials containing information obtained from the Formal Solicitation shall be mentioned, or imply t- - name of the City, without prior express written permission from the City Manager, or the City Commi•.ion. 1.89 VARIATIONS OF SPECIFICATIONS - F ' purposes of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal S► citation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated .n their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of wor pecifications. SUBSTITUTED 2. Special Conditions SPECIAL CONDITIONS APPLICABLE TO ALL PROJECTS 2.1 PURPOSE The purpose of this Solicitation is to establish a contract for canal cleaning services, as specified her n, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2 PRE -BID CONFERENCE A voluntary pre -bid conference will be held on June 27, 2023 at 11:30 AM, via Teams clicking THIS LINK or via phone (786) 598-2961; Conference ID: 648832272#. A discussion of the -quirements of the Solicitation will occur at that time. All questions and answers affecting the scope of work/specifications of the I addendum, that will be distributed through Periscope, following the Pre -Bid C Because the City considers the Pre -Bid Conference to be critical to understandi attendance is highly recommended. It is the Bidder's responsibility, prior to submitting a bid, to acquaint th all conditions and/or requirements that may in any manner affect the be made because of lack of knowledge of these conditions. will be included in an ference to all the attendees. the Solicitation requirements, selves thoroughly regarding any and rk to be performed. No allowances will 2.3 DEADLINE FOR RECEIPT OF REQUEST F I ADDITIONAL INFORMATION AND CLARIFICATION Any questions or clarifications concerning this solicitaf shall be submitted via the Periscope Electronic Bidding System ("Periscope"), with a copy filed ith the Office of the City Clerk via email at Clerks@miamigov.com, pursuant to Section 1.20. C ' e of Silence. The solicitation title and number shall be referenced on all correspondence. All questions m t be received no later than July 3, 2023, at 2:00 PM. All responses to questions will be sent to all prospeive bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AF ' SAID DEADLINE. 2.4 SUBMISSION AND RECEIPT OF Electronic bid submittals to this IFB ("Periscope") until the date and tim on/or before the stated closing tim in no way be responsible for Electronic bid submissions m containing embedded doc as individual files and lab deadline, shall be acc Periscope will not a opened promptly SPONSE all be submitted through the Periscope Electronic Bidding System s indicated in the Solicitation. The responsibility for submitting a bid nd date is solely and strictly the responsibility of the Bidder. The City will ays caused by technical difficulties or caused by any other occurrence. require the uploading of electronic attachments. The submission of attachments nts or proprietary file extensions is prohibited. All documents should be attached d. Any bids received and time stamped through Periscope, prior to the bid submittal ted as a timely submittal and anything thereafter will be rejected. Additionally, w for electronic bid submittal after the closing date and time has lapsed. Bids will be e time and date specified. All expenses volved with the preparation and submission of bids to the City, or any work performed in connection erewith, shall be borne by the Bidder. Accordingly, Bidder: ust register, free of charge, with Periscope to establish an account in order to have access to view SUBSTITUTED and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all bids electronically. Hard copy bid submittals will not be accepted. NO EXCEPTIO 3. Must submit the Certification Statement and associated solicitation documents which d ne requirements of items and/or services to be purchased and must be completed and submitted as o fined within the solicitation via Periscope. The use of any other forms and/or the modification of C forms will result in the rejection of the Bidder's bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your r 9 . Failure to comply with these requirements shall deem the bid non -responsive. 5. Must ensure that an authorized agent of the Bidder's firm signs the Certification Stat ent and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT S • LL DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if bid does not conform to the term and conditions of this solicitation. 2.5 BIDDERS MINIMUM REQUIREMENTS Bids will be considered only from firms that are regularly engaged in the bu ess of providing the services as described in this bid; and that have adequate financial support, equipme , and personnel to ensure that they can satisfactorily provide the goods and/or services if awarded a contrac • der the terms and conditions herein stated. The minimum qualifications for this bid are that the Success : idder(s) shall, as of bid due date: A. Not have any member, officer, or stockholder that in arrears or is in default of any debt or contract involving the City, is a defaulter surety ot► rwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous ' .ntract with the City; B. Have never filed for bankruptcy, be in nounmancial condition, have no record of civil litigation or pending lawsuits involving criminal a ities of a moral turpitude, and shall not have conflicts of interest with the City; Have adequat' 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. Bidd s shall complete, sign, and have notarized Attachment J — Affidavit of Responsibility; C. Have the same Federal Em years; yee Identification Number (FEIN) for the last five (5) consecutive D. Hold a license for th- praying of herbicide/Sonar as issued by the State of Florida's Department of Agriculture. Lic se shall be submitted at the time of bid submittal; and E. Hold a curren ertified license as a General Contractor from the State of Florida Construction Industry Lic' se Board for the class of work to be performed, OR the appropriate Certificates of Compete OR the State Contractor's Certificates of Registration as issued by Palm Beach, Browar' , Miami -Dade, or Monroe County, which authorizes the Successful Bidder(s) to perform the p , .osed work. Holder of certificati to nrovi al censes must be an employee of the Successful Bidder(s) or the subcontractor. Licenses and s must be provided in the bid response, including the license of the subcontractor(s). Failure Licenses and Certifications shall deem the bid non -responsive. SUBSTITUTED 2.6 METHOD OF AWARD This Solicitation is divided into two (2) Classification Types. Classification Type 1 — Federally Funde Projects; and Classification Type 2 — Non -Federally Funded Projects. Bidders can bid on one or b Classifications, using the applicable Price Form(s). Pursuant to Federal Procurement Regulations, particularly 2 CFR 200.320, Classification Type 1 - '-derally Funded Projects shall only be awarded to the lowest responsible and responsive bidder who bids all items and whose bid offers the lowest price when all items are added in the aggregate. Failure to bid e all items on the price sheet shall deem your bid non -responsive. Classification Type 2 - Non -Federally Funded Projects shall be awarded to the two (2)1. est responsive and responsible Bidders, who bid on all items on the price sheet. Failure to bid on all items the price sheet shall deem your bid non -responsive. Service areas shall be assigned to Successful Bidder • s via work orders at the City's sole discretion, based upon the needs of the City. In the event that the is a sole responsive and responsible Bidder, the City at its sole discretion may award all service are.. to the sole responsive and responsible Bidder. 2.7 TERM OF CONTRACT The Contract shall commence upon the date of notice of award and s be effective for three (3) years with the option to renew for two (2) additional two (2)- year periods ubject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a prerogative, not a right of the Bidder. This prerogative will be exercised only when such continuation clearly in the best interest of the City. 2.8 CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the follow g: 1. Continued satisfactory performance co•. .liance with the specifications, terms and conditions established herein. 2. Availability of funds. 2.9 ESCALATION CLAUSE Successful Bidder(s) may request, in ng, including a justification, an adjustment of the prices submitted in the pricing schedules based on ch. ►,es in the CPI for All Urban Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., no • .re than 60 days, but no less than 30 days prior to the yearly contract anniversary. If requested, the p ing schedule may be increased/decreased, if necessary, based on review of the CPI criteria listed above. ny adjustments made will be for the following contract year and will not be combined with previous ye s that were not requested within the date parameters set above (i.e., rate increase requested within the date arameters above in 2021, if approved will be for year 2022). Should the Successful Bidder(s) not submit t r request for any particular year, they will forgo any change in the CPI. The City may, aft= review, refuse to accept the adjusted costs if they are not properly documented, increases are considered be excessive, or decreases are considered to be insufficient. In the event the City does not wish to acce p the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves th ght to cancel the contract upon giving thirty (30) days' notice to the Successful Bidder(s). The P urement Department may also, in its sole discretion, make an equitable adjustment in the contract SUBSTITUTED terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due t circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or indus not just the particular contract source of supply, (3) the effect on pricing or availability of supply is subst. 'al, and (4) the volatility so affects the Successful Bidder(s) that continued performance of the contract woul ' esult in a substantial loss. Successful Bidder(s) might have to supply documentation to justify any quested percentage increase in cost to the City of Miami. 2.10 NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available in any fiscal period for payments due under this contract, then the City, upon written notice to the : uccessful Bidder(s) of such occurrence, shall have the unqualified right to terminate the contract without . penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will b- .warded to any firm(s). 2.11 INSURANCE REQUIREMENTS At the time of award, the Successful Bidder(s) shall furnish to City of Mia c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Ins ce which indicate that insurance coverage has been obtained which meets the requirements as outlined be Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,1 ;1,000 General Aggregate Limit $ 100,000 Products/Completed Operations ,000,000 Personal Injury $1,000,000 B. Endorsements Required City of Miami listed as an additional in d red Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Under: -.und Hazard Primary Insurance Clause En. sement Business Automobile Liability A. Limits of Liability Bodily Injury and Pr• •erty Damage Liability Combined :Ingle Limit Any Au Inclus g Hired, Borrowed or Non -Owned Autos An Inc Accident $ 1,000,000 B. Endorseme . Required City - Miami listed as an additional insured Worker' Compensation A. Li ' s of Liability SUBSTITUTED Statutory -State of Florida Waiver of subrogation USL&H B. Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit Umbrella Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 3,000,000 Aggregate $ 3,000,000 City of Miami listed as an additional insured. Coverage is excess follow f. over the general liability and auto policies. Protection and Indemnity Liability A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as the named insured. Pollution Liability A. Limits of Liability Each Occurrence $1,000,000 General Aggregate $1,000,000 City of Miami listed as the named insured The above policies shall provide the of Miami with written notice of cancellation or material change from the insurer not less than (30) days .nor to any such cancellation or material change, or in accordance with policy provisions. BINDERS ARE UNACCE ' ABLE. The insurance coverage r' wired shall include those classifications, as listed in standard liability insurance manuals, which most n- A ly reflect the operations of the bidder. All insurance polic required above shall be issued by companies authorized to do business under the laws of the State of Flori ' . , with the following qualifications: • The Cpany must be rated no less than "A" as to management, and no less than "Class V" as to fin. ' ial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, O 4wick, New Jersey, or its equivalent. All policies and/or cefuficates of insurance are subject to view and verification by Risk Management prior to insurance approval. SUBSTITUTED Certificates will indicate no modification or change in insurance shall be made without thirty (30) days writte advance notice to the certificate holder. Compliance with the foregoing requirements shall not relieve the bidder of their liability and obligatio ' under this section or under any other section of this Agreement. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall ► responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) endar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certifi'9tes which cover the contractual period, the City shall: 1. Suspend the contract until such time as the new or renewed certificates ar eceived by the City in the manner prescribed in the Invitation For Bid. 2. The City may, at its sole discretion, terminate this contract for cause a . seek re -procurement damages from the Successful Bidder(s) in conjunction with the General and .pecial Terms and Conditions of the Solicitation. The Successful Bidder(s) shall be responsible for assuring that the ins . nce certificates required in conjunction with this Section remain in force for the duration of the contractua .eriod; including any and all option terms that may be granted to the Successful Bidder(s). See Attachmen A - Insurance Addendum. 2.12 REFERENCES Each bid must be accompanied by a list of three (3) ref- -nces, by completing Attachment B - Reference Submittal Form. NO BID WILL BE CONSIDERED OUT THIS LIST. These references must be from contracts within the last five (5) years and for service • . s described in this solicitation. 2.13 BACKGROUND CHECKS JESSICA LUNSFORD ACT (JLA) BACKGR', P SCREENING REQUIREMENTS: In accordance with the requirements of Sec ens, 1012.465, and 1012.32 and 1012.467, Florida Statutes, as amended from time to time Successful Bi er(s) agrees that, if Successful Bidder(s) receives remuneration for services, Successful Bidder(s) and all of employees who provide or may provide services under this Contract will complete criminal history checks d all background screening requirements, including level 2 screening requirements as outlined in the abo -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendm fingerprinting and criminal qualify for exemption fro Statutes. In addition, th reference, and any pr said Section 1012.4 is to the JLA enacted by the Florida Legislature, requirements for certain tory checks shall be inapplicable to non -instructional contracted personnel who eve12 screening requirements as provided under Section 1012.468 of the Florida rovisions of Section 1012.467 of the Florida Statutes are incorporated herein by sions that may be inconsistent with, contrary to, or determined to be in conflict with , will be superseded by said statute. A non-instructi► al Successful Bidder(s) who is exempt from the screening requirements set forth in Sections 1012.465, 10 .468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifyin_ formation against the registration information regarding sexual predators and sexual offenders maintain, i by the Department of Law Enforcement under Section 943.043 and the national sex offender public regis maintained by the United States Department of Justice. The Successful Bidder(s) will not be charged SUBSTITUTED for this search. Further, upon obtaining clearance by City, the City may issue a photo identification badge consistent wit y statutory requirements, which shall be worn by the individual at all times while on City property when c ' dren are present. Successful Bidder(s) shall bear any, and all costs associated with acquiring the required backgro d screening, including any costs associated with fingerprinting and obtaining the required photo iden cation badge. Successful Bidder(s) shall require all its affected employees to sign a stat, t onditiof employment with Successful Bidder(s) in relation to performance under this Contract, a Being at the ployee will abide by the heretofore described background screening requirements, and also agreeing that t • employee will notify the Successful Bidder(s)/Employer of any arrest(s) or conviction(s) of any offens within 48 hours of its occurrence. Successful Bidder(s) shall provide the City with a list of all of its emp , ees who have completed background screening as required by the above -referenced statutes and who m• t the statutory requirements contained therein. Successful Bidder(s) shall have an ongoing duty to mainta and update these lists as new employees are hired and in the event that any previously screened em •yee fails to meet the statutory standards. Successful Bidder(s) shall also notify the City immediately on becoming aware that one of its employees, who was previously certified as completing the backgro a d check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifyin_ ffense. Failure by Successful Bidder(s) to notify the City of such arrest or conviction within 48 hours of bei • - put on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall co titute grounds for immediate termination of this Contract by the City. The failure by the Successful Bidder(s) to perform any of e duties described in this section shall constitute a material breach of the Contract entitling the City to -rminate this Contract immediately with no further responsibility to make payment or perform any other . ties under this Contract. 2.14 CURES Please refer to Section 1.56,Notice Regarding as well as Attachment C - APM Regardin 2.15 PROJECT MANAGER Upon award, Successful Bidder(s) designee, who shall be designated 2.16 SUBCONTRACTOR(S Bidder(s) must list any or . subcontractor(s) that may be utilized to assist in the performance of the work specified herein on Attac ent D - Subcontractors, if applicable. Any subcontractor(s) listed must meet the same requirements and , emit the same information listed under the Bidder's Minimum Qualifications section. All information req ed shall be included in the solicitation response. If Bidder does not include any subcontractor(s) as • art of its bid submittal, it will be construed that bidder will be able to handle the entire workload by itse and will not be allowed to subcontract any of the work unless it is requested in writing the hiring of subc e 'u actor(s) with the aforementioned requirements attached to its request within seventy-two (72) hours of co dering hiring subcontractor(s). The City will grant or deny such request in writing within forty- eight (48) ours of receiving said request. ures" of the General Terms and Conditions of this Solicitation ures, for further clarification of this policy. 11 report and work directly with Elyrosa Estevez, City Engineer, or the Project Manager(s) for the City. SUBSTITUTED 2.17 RESPONSE TIME Successful Bidder(s) shall provide the City a contact who will be available to the City 24-hours/seven day week in the event of an urgency. Failure to respond to a service call within the specified time may result i Successful Bidder paying any and all costs associated with the services performed by a secondary vend 2.18 COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City sha inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall • redone by the Successful Bidder(s) at no additional charge to the City. The Successful Bidder(s) shall not begin work until a Purchase Order and/or a Notice t• roceed are received. 2.19 BID BOND All bids shall be accompanied by an original Bid Bond in the amount of five ' rcent (5%) of the total bid submitted for non -federally funded projects not inclusive of the special provis , s line item, to be in the form of a Cashier's Check or Money Order made payable to the City of Miami; a , •nd written by a surety company authorized to do business in the State of Florida and shall comply with St. Statute 287.0935. The bond from all unsuccessful Bidders, if in the form of a Cashier's Check or Mone 1 rder, will be returned immediately after bid award. Bid bonds are not required for federally funded projebid price sheet submissions. 2.20 METHOD OF PAYMENT Payment will be made within forty-five (45) calendar days, in a ordance with Florida Statutes Sections 218.73 and 218.74 of the Prompt Payment Act for services rendered e previous month, upon submission of properly certified/approved invoices. All such information shall be ovided to the City Project Manager, or designee. The City will pay the contract price minus any liqu ' . ted damages and/or other damages to the Successful Bidder upon completion and acceptance. Damag caused by the Successful Bidder's employees shall be estimated by the City Project Manager, or desig i e and computed actual costs and repairs shall be deducted from the Successful Bidder's total monthly bil g. Each invoice shall include total cost, perc and suppliers with corresponding releas 2.21 LIQUIDATED DAMAGES Failure to complete the project i ccordance with the specifications and to the satisfaction of the City within the time stated, shall result in 1 ' idated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated da ges in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed . - total amount of the contract), as compensation due to the City for loss of use and for additional costs inc ► d by the City due to such incompletion of the work. The City shall have the right to deduct said liquidated , amages from any amount due or that may become due to the Successful Bidder under this agreement or t• voice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Succes I Bidder. (%) retainage, if applicable, proof of payment to subcontractors f liens forms and affidavits. 2.22 CONT : CTOR TO BE REPRESENTED The Succe 1 Bidder(s), at all times, must either be personally present at the worksite or be represented at the worksite .y a responsible agent or agents designated by the Successful Bidder(s) in written notice to the City prior t e beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, SUBSTITUTED etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall be clothed with full authority to act for the Successful Bidder(s) in all cases, and to carry out any instructio relative to the work may be given by the City. 2.23 USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and the of their workmen to the limits indicated by law, ordinances, permits, or direction of the Project designee, and shall not unreasonably encumber the premises with his/her materials. The Succe shall take all measures necessary to protect their own materials. 2.24 DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as no o result in damage to public or private property adjacent to the work. Should any public or private property .e damaged or destroyed, the Successful Bidder(s), at their expense, shall repair or make restoration as is pr tical and acceptable to the City and/or owners of destroyed or damaged property promptly within a realable length of time. (Not to exceed one month from date damage was done). peration anager, or ul Bidder(s) 2.25 PUBLIC CONVENIENCE AND SAFETY The Successful Bidder(s) shall conduct their work so as to interfere a ittle as possible with private business or public travel. The Successful Bidder(s) shall, at their own expense - henever necessary or required, maintain barricades, maintain lights, and take such other precautions as m 1 be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages oc , ioned in any way by their actions or neglect or that of their agents or employees. The Successful Bidder(s) shall meet the following noise •atement performance standards for all construction equipment: 1. Between the hours of 6:00 PM and 8:00 AM , e following day on weekdays, or at any time on Sundays or holidays, such that the sound therefrom eates a noise disturbance across and at a residential district boundary or within a noise sensitive zo , except for emergency work of public service utilities or by special permission issued pursuant • subsection (c) of City of Miami Ordinance Section 36-6, Construction Equipment. 2. At any other time, such that the nd level at or across a real property boundary exceeds a reading of 0.79 weighted average dBA fo e daily period of operation. Such sound levels shall be measured with a sound level meter man tured according to standards prescribed by the American National Standards Institute. 2.26 SAFETY MEASURES Successful Bidder(s) shall ake all necessary precautions for the safety of employees and shall erect and properly maintain at all mes all necessary safeguards for the protection of the employees and the public. Danger signs warning ainst hazards created by their operation and work in progress must be posted. All employees of uccessful Bidder(s) shall be expected to wear safety eyewear, appropriate clothing, and hearing protect. when and wherever applicable. The Successful Bidder(s) shall use only equipment that is fully operati • .1 and in safe operating order. Successful Bidder(s) shall be especially careful when servicing property w► 'n pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.27 IRONMENTAL REGULATIONS SUBSTITUTED The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder non - responsible if the history of violations warrants such determination in the opinion of the City. 2.28 ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) There are no implied or express guarantee that all Successful Bidders under this contract will rece e work assignments during any given catastrophic events such as tornadoes, hurricanes, severe storms, o . ny other public emergency. However, the City reserves the right to assign work to multiple Successful B ders at any given point in time, add Contractor(s) who were not part of the initial award to the contract or d ct Successful Bidder(s) to hire Subcontractor(s), which may or may not be part of this bid contract, to exp• ite the clean-up efforts to restore normalcy and order to the lives of City residents, businesses, and eral public in an expeditious manner. 2.29 ADDITIONS/DELETIONS OF SERVICES/ITEMS/LOCATIONS/SUPP ERS Although this Solicitation identifies specific services/items/locations/supplie it is hereby agreed and understood that any services/items/locations/suppliers may be added/deleted to om this Contract at the option of the City. When an additional service/item/location to the Contract is requi d, the Successful Bidder(s) shall be invited to submit price quotes for these new product(s). If prices are no ompetitive or not carried, the City maintains the right to add additional suppliers to the Contract to carry t • . se items required. If these quotes are comparable with market prices offered for similar location/products/ ms/services, they shall be added to the Contract, whichever is in the best interest of the City, and an adde and/or a separate purchase order shall be issued by the City. When additional suppliers are eeded to provide originally contracted services/items/products, the City reserves the right to request ' otes from the market and amend the contract to include the new suppliers. 2.30 FAILURE TO PERFORM Should it not be possible to reach the Successful Bid taken within 48 hours of any failure to perform acc the Successful Bidder(s) in default of the contra 2.31 TERMINATION FOR DEFAULT If Successful Bidder(s) defaults in its ► rformance under this Contract and does not cure the default within thirty (30) days after written notice default, the City Manager may terminate this Contract, in whole or in part, upon written notice without p' alty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including the cess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason th. the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is withou eir or their Subcontractor's control, fault or negligence, the termination will be deemed to be a terminati • for the convenience of the City of Miami. r(s) or supervisor and/or should remedial action not be ing to specifications, the City reserves the right to declare or make appropriate reductions in the contract payment. FOR CONVENIEN The City Manager ay terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in th-, •est interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and .o terminated for the convenience by the City of Miami the Successful Bidder(s) will be compensate ' in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services . so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisi►. s of the Contract for those services rendered prior to termination. I SUBSTITUTED 2.32 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evalua d or considered, and any and all such additional terms and conditions shall have no force or effect d are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inaertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it i derstood and agreed that the General Conditions and Special Conditions in this solicitation are the e y conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bi' er's/Proposer's acknowledgment form attests to this. 2.33 PERFORMANCE BOND Prior to commencing any work, the Successful Bidder(s) may be required to submit - ' erformance Bond equal to 100% of the estimated work required (inclusive of the Special Provisions li item) within five (5) days after receiving a written notice from the City. This performance Bond for the s sfactory performance of this Contract. The Performance Bond can be in the form of a Cashier's Check, m e payable to the City of Miami; a bond written by a surety company authorized to do business in the Stat of Florida and shall comply with State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is osen, it must be written by a bank located in Miami -Dade County, be in the amount of the contract and ould clearly and expressly state that it cannot be revoked until express written approval has been given by e City of Miami. The City, to draw on same, would merely have to give written notice to the bank with opy to the Successful Bidder(s). Performance Bonds must be maintained until all of the assig the City in writing. work has been completed and approved by If the Surety on any bond furnished by the Successful dder(s) is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of F rida or it ceases to meet the requirements imposed by the City, the Successful Bidder(s) shall within five ) calendar days substitute another bond and surety, both of which shall be acceptable to the City. If the Bidder cannot obtain another bond .. d surety within (5) calendar days, the City will accept and the Successful Bidder(s)shall provide an irrev . cable letter of credit drawn on a Miami -Dade County, Florida bank until the bond and surety can be obtain SPECIAL CONDITIONS ON ' APPLICABLE TO CLASSIFICATION 1 - FEDERALLY FUNDED PROJECTS This section applies to all pr' ects that are federally funded. Bidders shall use the applicable Federally Funded Projects Price S et (Attachment E) for this bid when submitting pricing. 2.34 LOCAL OFFIC . PREFERENCE Local Office Prefer' ce does not apply to Classification 1 - Federally Funded Projects. 2.35 DECL ' TION OF A FEDERAL EMERGENCY — Applicable to Classification 1 — Federally Funded P - . jects Upon the declaration of a Federal emergency, the City shall seek Federal Disaster Assistance as defined in the City's . rocurement Code Section 18-121 titled "Procurements, Grants, Subgrants, and Compliance Utilizing SUBSTITUTED Requirements for Federal Disaster Assistance"; therefore, all canal cleaning services during such emergency, shall be provided solely by the Successful Bidder, as the lowest responsible and responsive bidder, for Classification Type 1, Federally Funded Projects. 2.36 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment be se of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will e affirmative action to ensure that applicants are employed, and that employees are treated during e oyment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national ori: Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recrui ► nt advertising; layoff or termination; rates of pay or other forms of compensation; and seleon for training, including apprenticeship. The contractor agrees to post in conspicuous plac- ., available to employees and applicants for employment, notices to be provided setting forth the p visions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for contractor, state that all qualified applicants will receive considera color, religion, sex, sexual orientation, gender identity, or natio e ► •loyees placed by or on behalf of the n for employment without regard to race, origin. C. The contractor will not discharge or in any other manner ' scriminate against any employee or applicant for employment because such employee or applicant has inq ed about, discussed, or disclosed the compensation of the employee or applicant or another employee or . , .licant. This provision shall not apply to instances in which an employee who has access to the compensa .n information of other employees or applicants as a part of such employee's essential job functions disclose the compensation of such other employees or applicants to individuals who do not otherwise have acces s such information, unless such disclosure is in response to a formal complaint or charge, in furtherance o an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, o consistent with the contractor's legal duty to furnish information. D. The contractor will send to each 1. er union or representative of workers with which he has a collective bargaining agreement or other contrt or understanding, a notice to be provided advising the said labor union or workers' representatives of th- ontractor's commitments under this section and shall post copies of the notice in conspicuous places ay.. able to employees and applicants for employment. E. The contractor will com ► with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and re ant orders of the Secretary of Labor. F. The contractor w furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rule egulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, r srds, and accounts by the administering agency and the Secretary of Labor for purposes of investigation . ascertain compliance with such rules, regulations, and orders. G. In th- vent of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any o e said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assiste construction contracts in accordance with procedures authorized in Executive Order 11246 of September , 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 46 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise prov . ed by law. H. The contractor will include the portion of the sentence immediately preceding paragrap . (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless ex- pted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executi Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or v- dor. The contractor will take such action with respect to any subcontract or purchase order as the administe g agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, e. is threatened with, litigation with a subcontractor or vendor as a result of such direction by the adm istering agency, the contractor may request the United States to enter into such litigation to protec e interests of the United States. 2.37 COMPLIANCE WITH THE DAVIS-BACON ACT All transactions regarding this contract shall be done in compliance w the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as ma se applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements , 29 C.F.R. pt. 5 as applicable. Contractors are required to pay wages to laborers and mec nics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary ►. Labor. Additionally, contractors are required to pay wages nless than once a week. 2.38 COMPLIANCE WITH THE COPELAN "ANTI -KICKBACK" ACT A. Contractor. The contractor shall comply w 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which e incorporated by reference into this contract. B. Subcontracts. The contractor or sub' ntractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appro ate instructions require, and also a clause requiring the subcontractors to include these clauses in any to - er tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor .r lower tier subcontractor with all of these contract clauses. C. Breach. A breach of the entract clauses above may be grounds for termination of the contract, and for debarment as a contractor , d subcontractor as provided in 29 C.F.R. § 5.12. 2.39 COMPLIANC 1 F THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor shall c. ply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 ' .F.R. Part 5. In addition: A. Overtime re - irements. No contractor or subcontractor contracting for any part of the contract work which may require involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic • any workweek in which he or she is employed on such work to work in excess of forty hours in such wo - week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times e basic rate of pay for all hours worked in excess of forty hours in such workweek. SUBSTITUTED B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. § 5.5, the contractor and any subcontractor responsible therefore shall be lia for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (i • e case of work done under contract for the District of Columbia or a territory, to such District or to such to % ory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual 1 .orer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragra(b)(1) of 29 C.F.R. § 5.5, in the sum of $27 for each calendar day on which such individual was require s .r permitted to work in excess of the standard workweek of forty hours without payment of the overtime w. es required by the clause set forth in paragraph (b)(1) of 29 C.F.R. § 5.5. C. Withholding for unpaid wages and liquidated damages. The (write in the name of th- ederal agency or the loan or grant recipient) shall upon its own action or upon written request of an author ed representative of the Department of Labor withhold or cause to be withheld, from any moneys payable o ccount of work performed by the contractor or subcontractor under any such contract or any other Federal ntract with the same prime contractor, or any other federally -assisted contract subject to the Contract W. Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be det ined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and li• • idated damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. § 5.5. D. Subcontracts. The contractor or subcontractor shall insert in y subcontracts the clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. § 5.5 and also a claus- equiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contracts shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses se "girth in paragraphs (b)(1) through (4) of 29 C.F.R. § 5.5. 2.40 CLEAN AIR ACT/FEDERAL WATER PO TION ACT Clean Air Act A. The contractor agrees to comply with all app able standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 - seq. B. The contractor agrees to report each viation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each v ation as required to assure notification to the Federal Emergency Management Agency, and the appro ate Environmental Protection Agency Regional Office. C. The contractor agrees to inc e these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal ..sistance provided by FEMA. Federal Water Pollution ' ontrol Act A. The contractor agre- . to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollute .n Control Act, as amended, 33 U.S.C. 1251 et seq. B. The contracto agrees to report each violation to the City of Miami and understands and agrees that the City of Miami wil in turn, report each violation as required to assure notification to the Federal Emergency Manageme . Agency, and the appropriate Environmental Protection Agency Regional Office. C. The ontractor agrees to include these requirements in each subcontract exceeding $150,000 financed in SUBSTITUTED whole or in part with Federal assistance provided by FEMA. 2.41 SUSPENSION AND DEBARMENT A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As suc . the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.99 or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualifie . defined at 2 C.F.R. § 180.935). B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, sub include a requirement to comply with these regulations in any lower tier covered transactio C. This certification is a material representation of fact relied upon by the City of Miami that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3 to remedies available to the City of Miami, the Federal Government may pursue a but not limited to suspension and/or debarment. it rt C, and must enters into. it is later determined , subpart C, in addition lable remedies, including D. The bidder or proposer agrees to comply with the requirements of2 C.F ' . pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of , y contract that may arise from this offer. The bidder or proposer further agrees to include a provision req ing such compliance in its lower tier covered transactions. 2.42 BRYD ANTI -LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or m►. e shall file the required certification. Each tier certifies to the tier above that it will not and has not used . ederal appropriated funds to pay any person or organization for influencing or attempting to influence . officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an e oyee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other . and covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that es place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, • to the recipient who in turn will forward the certification(s) to the awarding agency. Bidders must complete and return Attac ' ent H with Bid Submittal. 2.43 PROCUREMENT OF RECO RED MATERIALS In the performance of this contrac e Contractor shall make maximum use of products containing recovered materials that are EPA-designat- . items unless the product cannot be acquired: A. Competitively within a ti ame providing for compliance with the contract performance schedule; B. Meeting contract perfo . ce requirements; or C. At a reasonable price. Information about ti requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive P urement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement- uideline-c . - . ram. The Contra .r also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal '. ct." I SUBSTITUTED 2.44 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (insert name of state agency or local or Indian tribal government), sert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any their authorized representatives access to any books, documents, papers, and records of the Contractor ich are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and tr . scriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means wtsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized repre tatives access to construction or other work sites pertaining to the work being completed under the contr (4) In compliance with the Disaster Recovery Act of 2018, the City of Miami and the ,ntractor acknowledge and agree that no language in this contract is intended to prohibit audits or inte reviews by the FEMA Administrator or the Comptroller General of the United States. 2.45 DHS SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproduct s of flags or likenesses of DHS agency officials without specific FEMA pre -approval 2.46 COMPLIANCE WITH FEDERAL LAW, REGULATION', AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will • used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, ulations, executive orders, FEMA policies, procedures, and directives. 2.47 NO OBLIGATION BY FEDERAL GOVERN T The Federal Government is not a party to this contrac . nd is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pe . fining to any matter resulting from the contract. 2.48 PROGRAM FRAUD AND FALSE OR DULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S ' . Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's act s pertaining to this contract. SPECIAL CONDITIONS 0.' LY APPLICABLE TO CLASSIFICATION 2 - NON -FEDERALLY FUNDED PROJECTS This section applies to a projects that are non -federally funded. Bidders shall use the applicable Non - Federally Funded Pr& is Price Sheet (Attachment F) for this bid when submitting pricing. 2.49 LIVING WA t ORDINANCE The City of Mia Living Wage Ordinance is applicable to this service contract. Please refer to Section 1.38 of the Genera erms and Conditions for further information and guidance on how to comply with this ordinance. 2.50 LOAL OFFICE PREEFERENCE Local '. ffice Preference only applies to Classification 2 - Non -Federally Funded Projects. SUBSTITUTED Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditions Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurem Code, titled "Definitions", and shall submit with the Bid at the time of the Bid due date the following: • Completion and submission of Attachment G, City of Miami Local Office Certification , rm; • Submission of a copy of the Proposer's lease documents at the location being deemed a Ci ' of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate ► use that authorizes the performance of the Proposer/Bidder. SUBSTITUTED 3.0 Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK I. Introduction BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THE LINE ITEM LISTED ' THE ACTUAL IFB. BIDDERS SHALL COMPLETE ATTACHMENTS E & F, BID PRICE SHE(S), TO IDENTIFY WHICH CLASSIFICATION (CLASSIFICATION 1 - FEDERALLY FUNDED P' 'EJECTS OR CLASSIFICATION 2 — NON -FEDERALLY FUNDED PROJECTS) THE BIDDER IS '4 QUESTING CONSIDERATION FOR. BIDDERS MAY RESPOND TO ONE CLASSIFICAT '' OR BOTH CLASSIFICATIONS. BIDDER MUST MEET ALL REQUIREMENTS IN ORDER TO . E CONSIDERED RESPONSIVE. The City of Miami's ("City") Depaitinent of Resilience and Public Works ("RPW' and Recreation ("Parks") is in need of fully capable and willing firms to provide City. The Successful Bidder(s)s shall furnish all labor, machinery, tools, disposal, supplies (including trash bags), equipment, materials, water, dies satisfactory contract performance. Such materials and equipment shall b and grade for the purpose of this contract. All workmanship, equipm subject to the inspection and direction/approval of the City. II. DESCRIPTION OF WORK and Department of Parks al cleaning services for the des of transportation, debris fuel and services necessary for of suitable type, in good condition t and frequency of services shall be All work shall be performed using superior maintenance . andards and techniques. The Successful Bidder(s) shall inform the City two (2) weeks before each clean- , task is scheduled. The Successful Bidder(s) agrees to on -site inspections by the Project Manager. The sco p of work includes but is not limited to the following: SCHEDULED SERVICES Scheduled services frequency is as indicated ow or at the discretion of the City. A. Debris Removal and Litter Control very month of the year, or as directed by the Project Manager (all locations). This work is for the enti ' length of the waterway including water edge and banks. Litter and debris removal includes but is not ited to human discarded trash, human waste, pet waste, discarded landscaping, etc. NOTE: Litter c s trol for Ademar and Davis Canals shall take place TWICE a month from July through October. B. Mowing / Trimming - ► enthly for the Wagner Creek and Lawrence locations. Four (4) times a year, or as directed by the Project ager for other locations (all locations). C. Weed Control / Creek, Comfort Biscayne Bay . as. D. Sonar Biscayn emical Treatment - Banks and upland areas within canal right of way at Wagner al, Lawrence Waterway and Antonio Maceo Park. No spraying is allowed in the raying - Waterways at Comfort Canal and Antonio Maceo Park. No spraying is allowed in the ay areas. struction (Vegetative) Removal - All Locations twice (2) a year, or as directed by the Project SUBSTITUTED Manager. Must ensure that a minimum of two (2) feet of free water flow is maintained. F. Obstruction (Heavy Materials/Illegal Dumping) Removal - All locations except Seybold Canal, Rickenbacker Causeway and All City Parks twice (2) a year, or as directed by the Project Manage Successful Bidder(s) must remove the illegal dumping/ bulk trash at/near waterways. Must ensure th a minimum of two (2) feet of free water flow is maintained. G. Maintenance of Lawrence Canal Seawall — Successful Bidder(s) shall pressure clean a existing concrete bollards at Lawrence Waterway three (3) times a year. During one of tho Successful Bidder(s) shall pressure clean and paint with one coat of Thoroseal #8532 or an This action item includes maintenance and welding of 1,400 feet of hot -deep galvanized 3 10 feet in length, as per detail. In addition, if the concrete finish is broken or damaged, smooth form finish before painting. t• .lof144 cleanings, roved equal. ' anchor chain, ply ACI 301, to a H. Seaweed/Hydrilla Removal - This work is required once a year to remove a he seaweed and hydrilla from all the canals and waterways shown below. The Successful Bidder(s) s• , 1 bear the costs associated with purchase or rental of a weed harvester such as a Kelpin 800 Model or . , .roved equal. I. Type I Turbidity Barrier — This work is required per Project M. • ,ger for locations where there is a current spill of silted water to prevent pollution to waterways. Ctractor shall provide all materials, equipment and labor to install and remove a turbidity curtain at th- , equest of the Project Manager. Cost of turbidity barrier rental/purchase shall be the burden of the Co ctor. Contractor will not be allowed to charge the City separately for these services. J. Removal of Litter at Outfall ends: This work is to be onducted during low tide hours. The Successful Bidder(s) shall provide all labor, materials, and equ ent to remove all floatable, debris, cans, trash deposited at outfall ends in the waterway bottom an emove the debris without disturbing bottom soil. All litter removal should be done at least monthly. S essful Bidder(s) shall confirm frequency with Project Manager prior to the commencement of the con ct. K. Removal of dead animals and fish ki — This work is to be conducted at the request of the Project Manager. The trash bags can be disposed . the nearest Miami -Dade County Solid Waste Transfer Facility. **Contractor shall not pick up sari , ssum from the waterways and Bay.** NON-SCHEDULED SERVIC Non-scheduled work is at th- • iscretion of the City. Successful Bidder(s) shall not proceed with any non- scheduled work without th- •tten approval of the City/Project Manager or designee. It is the responsibility of the Successful Bidder . to notify the Project Manager of any needs for pruning, tree/stump removal, or other service issues. L. Pruning - Shru' shall be trimmed as needed to provide an informal shape, fullness, and bloom. Trees shall be free of all d d (browned) fronds and branches. Cut and remove the seeds and fronds that are pointing downward thare browning or yellowing. Pricing shall include all applicable preparation, MOT, and debris disposal ac ities. M. Re oval of trees or stumps - All removal of trees and stumps shall be according to the most efficient and safe industry standards. Pricing shall include all applicable preparation, MOT, and debris disposal activities. SUBSTITUTED Upon award, the Successful Bidder(s) shall submit a detailed maintenance plan to the City for approval. plan shall include, but not be limited to: A.) a schedule for each task; B.) the equipment to be used for each task; and C.) the procedure that will be set in place for the maintenance of the canals. **SEE ATTACHMENT I — MINIMUM SERVICES LIST FOR EACH LOCATION** III. SERVICE LEVEL REQUIREMENTS Frequency of Services Canal cleaning services shall be executed, at a minimum, based upon the unit of me ures listed in Attachments E and F, Bid Price Sheets. The City's Project Manager may request additionervice days as necessary to maintain the level of aesthetic required by the City. Proper Equipment and Operation Caution The Successful Bidder(s) shall have the properly sized maintenanc vessels with the required cranes for deployment to all waterways covered under this contract. The Succes ul Bidder(s) shall not use any equipment that could seriously disturb the sediments in the canals. Caution s' •uld always be taken during the operation. Specifically, dirty water should always be kept within a small . a, and the operation shall not generate cloud or plume over 29 Nephelometric Turbidity Units (NTUs). Proper equipment also includes but is not limited to: A.) Trash Collecting Barge, or approved equal - To . Length: 40 feet / Total Width: 14 feet / Carrying Capacity: 15 tons (30,000 pounds) / Travel Speed: 5 knots (5.7 - 8.1 mph) B.) Trash Collecting Barge, or approved equal otal Length: 70 feet / Total Width: 14 feet / Carrying Capacity:13.5 tons (27,000 pounds) / Travel Sp: d: 5-7 knots (5.7 - 8.1 mph) C.) Heavy Duty Truck with Clamp - Moun d Crane/Floating Barge and Small Vessel/Tugboat/Hauler or Dump Truck Quality Assurance The Successful Bidder(s)'s assigned procedures. All employees of the order to ensure proper perform pervisor shall be well versed in appropriate maintenance operations and ccessful Bidder(s) shall be competent and skilled in their particular job in e of the work assigned. Successful Bidder(s) shall sure that in the event of any equipment malfunction or concern, a back-up is available and used to co nue the immediate completion of services. All work shall be pe r armed using superior maintenance standards and techniques. If under any circumstances, the Project Manar is not satisfied with the work, the Successful Bidder(s) shall redo the job to the Project Manager's satistion at the Successful Bidder(s)'s expense. No additional compensation by the City will be allowed for S cessful Bidder(s)'s non-performance. Environ The w has ent Protection ing areas include environmental sensitive areas, especially the Biscayne Bay Aquatic Preserve which eptional biological, aesthetic, and scientific value. The Successful Bidder(s) must follow all rules and SUBSTITUTED regulations for the protection of the environment. It shall be the Successful Bidder(s)'s responsibility to preserve the existing condition of the canals . d surroundings, including but not limited to natural vegetation such as sea grasses and mangroves, bank . the canals, bulkheads and seawalls, concrete sidewalk, curb, and/or gutter and pavement. Any damage do to the pavement or concrete due to the Successful Bidder(s)'s failure to comply with the requirements of this ontract, or failure to exercise responsible care in the performance of the work, shall be repaired at th- uccessful Bidder(s)'s expense. Any damages to the plants such as sea grasses and mangroves shall be mitigated to Mi. i-Dade County's Department of Environmental Resource Management's ("DERM") and City's satisfacti. , by the Successful Bidder(s) and at the Successful Bidder(s)'s expense. **Contractor shall not pick up sargassum from the waterways and Bay.** Underground Gas Pipelines The Successful Bidder(s) shall review and abide by Florida State Statuthapter 556, Underground Facility Damage Prevention and Safety, while performing the services listed i . nd related to this solicitation. Special Condition for Shallow Areas The Successful Bidder(s) shall use shallow draft boats, vessels, other equipment to collect debris in shallow areas. The minimum depth of water for operation in water sho d be at least one (1) foot. In case of water depth less than one (1) foot, the Successful Bidder(s) shall use ap ' opriate equipment to collect the debris from land. For shallow areas, the clean-up work shall be restricts s o high tide period in order to protect the soil and vegetation. Contractor must not disturb waterway bott► while removing trash/debris during low tide. Chemical Treatment All herbicides must be labeled for use in .ter. The chemicals must be approved by United States Environmental Protection Agency ("USEP • and the Florida Department of Agriculture and Consumer Services. Weed control chemical treatmen hould be used in the proper manner. The City prefers the use of Aqua Star, a water-soluble liquid, that m - s readily with water and nonionic surfactant to be applied as a foliar spray for the control or destruction . many herbaceous and woody plants. Any other herbicide shall be approved in writing by the Project .pager or designee. The weed control is primarily . ocused on emergent submersed, rooted plants and filamentous algae. The Successful Bidder(s) shall be tremely cautious not to damage any endangered plants, threatened plants, and species of special concern. e federal list of endangered and threatened by commercial exploitation plants are maintained by the Dep. ent of Agriculture and Consumer Services via Chapter 5B-40 FAC. Sea grasses, mangroves and othe pecies are designated as Essential Fish Habitat by the South Atlantic Fishery Management Coun , under the Sustainable Fisheries Act administered by the National Marine Fisheries Service under N. onal Oceanic and Atmospheric Administration ("NOAA"). For the waterway treatment, Successful Bidr(s) shall use Sonar Herbicide, or approved equal. Manatee ' rt The Suc. ssful Bidder(s) is alerted that manatees could be present in the canals. The Successful Bidder(s) shall protec i e manatee. Specifically, operation shall be stopped when manatee is within one hundred fifty feet (15 of the work site. SUBSTITUTED Waste Disposal It is the Successful Bidder(s)'s responsibility to dispose of the waste collected during the canal mainten ce appropriately. The Successful Bidder(s) shall remove the waste collected from the site within twenty-fo . (24) hours of collection. The City of Miami will pay the disposal fee signed by the City Inspector. S cessful Bidder(s) must pick up and haul the debris to the nearest Miami -Dade County Transfer Station and p up front for the disposal fee of the collected debris. The Successful Bidder(s) shall provide proof of the s . tity of the waste collected, such as the load ticket, in order to be reimbursed for the waste disposal fee, . ' the City will pay only for the waste collected for the canal maintenance operations. The pay ticket mus •e signed by the Project Manager prior to submittal of invoice payments. Fish kill bags can be disposed a e nearest Miami - Dade County Solid Waste Transfer Facility. The City reserves the right to add the Successful Bidder(s) as the City's authoriz- . representative for waste disposal at the Miami Dade County Solid Waste Transfer Facility. If done, the ` . ccessful Bidder(s) will not have to pay upfront for disposal fees. Said fees will be automatically invoiced t► e City. Successful Bidder(s) shall still submit any paperwork/load tickets issued by the Facility for report g purposes. The City will notify the Successful Bidder(s) if said privilege is granted. IV. LOCATIONS NAME ADDRESS/APPROXI ATE LOCATION SIZE Wagner Creek North NW 20th Street to 1 15 Street along NW 13th Ave 3750 ft Wagner Creek South NW 15th Street . NW 1 lth Street along NW 13th Ave 2050 ft Seybold Canal NW 1 lth S ► - et and NW 9th Ct to the Miami River 2300 ft Comfort Canal NW 27t ,• ve to NW 45th Ave along SR 836 8070 ft Davis Canal Betwe NE 86th Street and NE 87th Street from NE ith Ave to Biscayne Bay 1350 ft and 200 ft of bank Ademar Canal : een NE 84th Street and NE 83rd Street from E 8th Ct to Biscayne Bay 1650 ft and 375 ft of bank Bayfront NE 28th Street Cove Biscayne Bay and NE 28th Street 480 ft of bank Bayfront NE 20th-21st Street .ve Biscayne Bay and NE 20th Street 450 ft of bank Bayfront North and So of Rickenbacker Causeway Along Alice Wainwright Park to SE 25th Road 750 ft of bank Lawrence Waterway . d Swell Canal NW 7th Street between NW 17th Ct and NW 18th Ave to the Miami River 2068 ft Waterfront of An , io Maceo Park 5135 NW 7th Street 235 ft of bank Waterfront of . garet Pace Park 1775 North Bayshore Drive 1750 ft of bank Waterfront • ' ' allot Park 3805 NE 6th Avenue 430 ft of bank Waterfro of Morningside Park 750 NE 55th Terrace 2000 ft of bank Wateif int of Legion Park 6447 NE 7th Avenue 550 ft of bank Wat:.' ont of Fern Isle Park 2201 NW llth Street 1900 ft of bank Miami River V. ADDITIONAL INFORMATION Services Beyond the Scope of the Contract In the event that services beyond the scope of work of this contract are requested by the Project ► anager, the Successful Bidder(s) must receive the written approval of the work request from RPW, written •proval of the quote to perform such services, and the approval of the Department of Procurement to add - services to the Contract, if applicable. SUBSTITUTED West side of NW 27th Ave and the edge of NW S River Drive 2300 ft of bank Public Access During any improvement, safe access shall be provided by the Successful Bidde ' ) to the entrances of all residences and business establishments. The methods used to allow access will be ' termined by the Successful Bidder(s) with the approval of the City's Project Manager or designee. Maintenance of Established Landscaping Existing trees on private property and in the public right of way are to .' protected while work is in progress. Trimming of trees is not allowed without prior approval of the City' 'roject Manager. Removal of trees are on an as needed basis and shall be requested by the Project Manager any replacements are needed/requested, the replacements shall be of equal or better quality. All replacem:. t tree, ground covering/plant material shall be quoted and be approved, in writing, prior to replacement. VI. INSPECTION PROCESS Once services are completed, the Successful Bidder may be required to take pictures to submit with any invoices. In addition, the Successful Bidder(s) shal mediately email and call the City's Project Manager to advise that the service area was completed. VII. INVOICING Successful Bidder(s) shall provide invo. es with pictures no later than the 5th of the month for the previous month's services. Submitting invoices 4 ter than the specified date may cause delays in payment. On the invoice the Successful Bidder(s) shall prow. • : A. Date(s) of services B. Area(s) of services C. Contract number r ontract No. 1575386) D. List of services : •mpleted E. Pricing F. Supporting ocumentation such as invoices providing costs for additional services (trees, etc.) G. Payment .. subcontractors and/or suppliers with corresponding release of liens forms and affidavits if applic . e Upcz DEPARTMENT OF THE TREASURY id INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 AQUATIC CONTROL GROUP INC% Mark Brooks 8910 School House Road Coral Gables, F1 33156 SUBSTITUTED Date of this notice: 06-22-20 Employer Identification Numb 82-1946936 Form: SS-4 Number of this notice CP 575 A For assistance 1-800-829-4933 may call us at: IF YOU WRIT', ATTACH THE STUB AT T END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATIO NUMBER Thank you for applying for an Employer Identific- ion Number (EIN). We assigned you EIN 82-1946936. This EIN will identify you, your b .iness accounts, tax returns, and documents, even if you have no employees. Please ep this notice in your permanent records. When filing tax documents, payments, and lated correspondence, it is very important that you use your EIN and complete name and dress exactly as shown above. Any variation may cause a delay in processing, result in correct information in your account, or even cause you to be assigned more than one EI If the information is not correct as shown above, please make the correction using e attached tear off stub and return it to us. Based on the information receivefrom you or your representative, you must file the following form(s) by the date(s) hown. Form 1120 06/22/2017 After our review of your formation, we have determined that you have not filed tax returns for the above -me oned tax period(s) dating as far back as 2012. Please file your return(s) by 07/0 2017. If there is a balance due on the return(s), penalties and interest wil continue to accumulate from the due date of the return(s) until it is filed and pa.. If you were not in business or did not hire any employees for the tax period(s) i. question, please file the return(s) showing you have no liabilities. If you have the phone number need help in det Accounting Per' ds tions about the form(s) or the due date(s) shown, you can call us at write to us at the address shown at the top of this notice. If you ining your annual accounting period (tax year), see Publication 538, and Methods. We ass', ed you a tax classification based on information obtained from you or your representa ve. It is not a legal determination of your tax classification, and is not binding othe IRS. If you want a legal determination of your tax classification, you may request private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certn tax classification elections can be requested by filing Form 8832, Entity Cla--ification Election. See Form 8832 and its instructions for additional information. IMPORTANT INFORMATION FOR S CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. SUBSTITUTED (IRS USE ONLY) 575A 06-22-2017 AQUA B 9999999999 SS-4 If you are required to deposit for employment taxes (Forms 941, 943, 940, 944, 5, CT-1, or 1042), excise taxes (Form 720), or income taxes (Form 1120), you will rec= ve a Welcome Package shortly, which includes instructions for making your deposits electronically through the Electronic Federal Tax Payment System (EFTPS). A Pe .onal Identification Number (PIN) for EFTPS will also be sent to you under separate .aver. 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If you do not have ac 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your 1 IMPORTANT REMINDERS: eferenced in this notice, ss to the Internet, call al IRS office. Keep a copy of this notice in your permanerecords. This notice is issued only one time and the IRS will not be able to venerate a duplicate copy for you. You may give a copy of this document to any asking for proof of your EIN. * Use this EIN and your name exactly a- they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax -re :ted correspondence and documents. If you have questions about your IN, you can call us at the phone number or write to us at the address shown at the top o' this notice. If you write, please tear off the stub at the bottom of this notice and s d it along with your letter. If you do not need to write us, do not complete and ret the stub. Your name control associa• d with this EIN is AQUA. You will need to provide this information, along with your N, if you file your returns electronically. Thank you for your co eration. (IRS USE ONLY) SUBSTITUTED 575A 06-22-2017 AQUA B 9999999999 88-4 p this part for your records. CP 575 A (Rev. 7-2007) Return this part w h any correspondence so we may identi your account. Please correct any errs in your name or address. CP 575 A 9999999999 Your Tele..one Number Best Time to Call DATE OF THIS NOTICE: 06-22-2017 ( ) EMPLOYER IDENTIFICATION NUMBER: 82-1946936 FORM: SS-4 NOBOD TERNAL REVENUE SERVICE INCINNATI OH 45999-0023 AQUATIC CONTROL GROUP INC% Mark Brooks 8910 School House Road Coral Gables, FL 33156 SUBSTITUTED LEASE AGREEMENT INFORMATION SCHEDULE This Information Schedule is a part of the Lease between the parties named below. The information in is Schedule is further explained and detailed in the rest of the Lease, most particularly in the referenced Lease paraw. phs. Date of Lease: January 1, 2020 PARTIES: LANDLORD: Josa Property 15, LLC 3604 NW 7 Street Miami, FL 33125 TENANT: Aquatic Control Group, Inc. 1501 NW 37 Street Miami, FL 33125 PREMISES: 1501 NW 37 Street Miami, Fl 33125 BUILDING: LANDLORD & TENANT WORK: Landlord shall not b- esponsible for any improvements and the space taken AS - IS. All of Folio Number 01-3123-0 -0090. Means any structure on the ' emises DATE OF OCCUPANCY: Occupancy a ady taken from previous lease TERM: The initi shall c RENT: $2 ADDITIONAL RENT: SECURITY OSIT: PERMIT ' D USES: BRO 1 RS: ERS erm of the Lease commences on the Date of Lease, stated above and inue for a period of seven (7) years. 0.00 per month, plus applicable sales tax for the term of the Lease (i) Property Costs (ii) Maintenance and repairs of the Building (iii) Real Estate Taxes (iv) Insurance Premiums (v) Water and Sewer Charges (vi) Operating Maintenance and Replacement Costs generally (vii) Utilities $2,000.00, which is carried froward from the previous lease Any permitted by local zoning. None None SUBSTITUTED PROPORTIONATE 100% 2 STANDARD LEASE AGREEMENT 1. Parties. This Lease is made as of this Pt day of January, 2020 and effective as of the Date of Lease shown in the Information Schedule, between the parties as provided in said Schedule. 2. Premises. 2.1 Premises. In consideration of the agreements in this Lease and other conside . ion paid, Landlord leases to Tenant and Tenant leases from Landlord: The "Building Space" described in the Information Schedule. The Building Spa is located in the "Building" identified in the Information Schedule. The "Premises" leased is identified in the Information Schedule. 3. Improvements. 3.1. Completion of Construction. The Premises is taken AS -IS condition without any improvements by Landlord. 3.2. Date of Occupancy. The date of occupancy is ovided is provided in the Information Schedule. 4. Tenn. 4.1 Commencement and Termination. e Lease Term is provided is provided in the Information Schedule. This Lease is not terminable by Tenant, cept as expressly stated. 5. Rents; Security Deposits 5.1 (a) Fixed Minimum ' nt. Tenant agrees to pay Landlord the Fixed Minimum Rent for the Premises as stated in the Information Sched 5.1 (b) Sales Tax. At the e of each payment of Fixed Minimum Rent; Tenant will pay to Landlord any tax measured by the amount o nt paid. 5.2 (a) the Information Schedule directly, proportionate share of the property costs include: all Landlord's ins Landlord, Real Property Taxes in Landlord's operation and be the proportionate shar additional rent. If Tenan rent. Such remedies • onal Rent. If Tenant does not pay the items set forth as Additional Rent in t agrees to pay to the Landlord as and when bills are rendered therefore, a is attributable to the Building and the land on which it is located. Such property ce premiums on insurance required by this Lease, all operating costs incurred by ee Paragraph 10), maintenance, repairs or replacement costs, and any other expenses ntenance contemplated under this Lease. The share of costs to be paid by Tenant shall f costs on the basis set forth in the Information Schedule. These expenses shall be ails to pay these expenses, Landlord shall have the remedies provided for the failure to pay ude those set forth herein as well as any others permitted by law. Add Te .2 (b) Payment of Additional Rent. If Tenant does not pay the items set forth as Additional Re s the Information Schedule directly, for all years during the term of this Lease, Landlord shall, in advance, rea .nably estimate for each such calendar year the total amount of the Additional. Rent. One -twelfth (1/12th) of e estimated Additional Rent shall be payable monthly, along with the monthly payment of the Fixed Minimu r ' ent. Such estimate shall be made by Landlord on or before January 31 of each year. On or before February 15 of - h year following a year for which Additional Rent is payable hereunder (or as soon thereafter as is reasonably pos e), Landlord shall provide Tenant with the amount of the actual Additional Rent for the previous year, and a re onable breakdown of the items included therein including a copy of the paid real estate tax bill, together with an voice for any underpayment of Additional Rent to be paid within thirty (30) days following receipt of such invoice or a check to Tenant to reimburse Tenant for any overpayment of Additional Rent. 3 I SUBSTITUTED 5.3 Rent Obligation Independent Abatement Proration; Where Payable; Late Charge. The rent obligations are independent of any other obligations of Tenant or Landlord, and Tenant is not entitled to .1 abatement or reduction in rent except as expressly provided. Rent due for any period, which is less than one mo Id will be prorated. Rent is payable to Landlord at the address directed in Paragraph 19 or to persons or at plac. the Landlord may state in writing. All rent and other amounts due hereunder shall be payable without relief from v ation and appraisement laws. 5.4 Security Deposits. Upon execution of this Lease, Tenant shall deposit w Landlord a Security Deposit in the amount provided in the Information Schedule. Landlord may apply all or p of the Security Deposit to any unpaid rent or other charges due from Tenant or to cure any default of Tenant. I andlord uses any part of the Security Deposit, Tenant shall restore the Security Deposit to its full amount wi ', ten (10) days after Landlord's written request. Tenant's failure to comply with this provision shall be a materi, default. No interest is payable on the Security Deposit. Landlord is not required to keep the Security Deposit in separate account and no trust relationship is created as to the Security Deposit. The Security Deposit shall be r- • led to Tenant within ten (10) days after the termination of this Lease, unless otherwise provided under the Lea 6. Use. 6.1 Use. Tenant covenants and agrees to use the Pr- , ises for no purpose other than those listed in the Information Schedule. 6.2 Compliance with Law. Tenant, at its exp ordinances, rules and regulations, orders and requirements (i organizations, Tenant's and Landlord's underwriters and insura regulating the use of the Premises by Tenant. Tenant will not c so as to create damage to the Property, waste, a nuisance, or se, will comply promptly with all statutes, uding the recommendations of fire rating e companies), in effect during the Lease Term on, nor permit any dangerous or offensive activity turbance to other tenants. 6.3 Condition of Premises. Ten, as examined the Premises before executing this Lease and accepts the Premises in the condition existing as of the ' o to of this Lease, subject only to the completion of Landlord's Work, if any. Tenant accepts the Premises subject to ,i 1 applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing use of the P' mises and to any covenants or restrictions of record, and matters disclosed by any attached exhibits. Tenant ac . iwledges that Landlord and Landlord's agent have not made any representation or warranty as to the suitabili of the Premises for Tenant's business. Landlord agrees to cooperate with Tenant in obtaining any variances req •ed for Tenant to operate its business in the Premises, and if required will join in the variance application. 7. Maintenance; Repairs & ' terations. 7.1 Te s . ► s and Landlord's Obligations. During the Lease Term, Tenant shall maintain, replace and keep the Premis;. in good and clean order, condition and repair including fixtures and equipment, including, but not limited all windows and doors and their fixtures, electrical system, plumbing, heating, and cooling equipment and s . ems serving the Premises exclusively, the mansard on the front of the Premises, floors, sprinkler system, al. .ystem, interior wall surfaces and interior partitions. Tenant shall also be responsible for the exterior paint of the ' emises. Tenant waives the benefit of any statute, which would give Tenant the right to make repairs at Landlor,'. expense. Landlord will maintain the roof, gutters and down spouts, the structural integrity of the exterior walls . structural supports and foundations of the Building. These expenses shall however be including in the maintnobligation of the property which passes through as Additional Rent. Landlord will maintain the exterior s e of the Building's walls, roof, and any common use lighting, plumbing, heating and cooling equipment and syste r as a property cost. Any non -common use lighting, plumbing, heating and cooling equipment and systems shall be aintained by Tenant at Tenant's expense. Landlord may enter the Premises on reasonable notice to carry out its ob gations. Notwithstanding anything to contrary, Tenant shall repair any damage to the roof caused by Tenant in coo.' cting its improvements. 7.2 Surrender of Premises. At the end of the term, or any other termination, Tenant will return the Premises in good, clean condition and operating order, after completing all maintenance and replacement which 4 SUBSTITUTED is Tenant's responsibility. Damage by ordinary wear and tear is excepted to the extent that it is not part of Tenant's obligation to maintain and replace. Extraordinary wear and tear due to Tenant's use of the Premises is the responsibility of Tenant. Damage to the Premises caused by Paragraph 7.3(c) removals will be repaired by Tenant. 7.3 Alterations and Additions. 7.3 (a) Consent. Tenant will not make any structural alterations or improve is to the Premises, or changes to the exterior of the Premises, or the exterior of the Building without Landlord's or written consent, which consent shall not be unreasonably delayed or withheld. If consent is given, Landlord m. , condition its consent with any of the following: (i) Tenant's agreement to remove any alterations or provements upon termination, and to restore the Premises to the prior condition. (ii) Insurance necessary to protect both parties whil - ork is in progress. Prior to commencing any work, Tenant will give Landlor- plans and specifications drawn by a licensed architect or engineer, certified as meeting legal professional standar, and a copy of the permits. Tenant will complete all work in a workmanlike manner, and the work will be done as ' cause a minimum of interference at the Premises. Upon completion, Tenant shall provide to Landlord, a copy of , release of lien. 7.3 (b) Mechanic's Liens. Tenant shall not suffer or _ ve cause for the filing of any mechanic's lien against the Leased Premises. In the event any mechanic's lien is ed against the Leased Premises or any part thereof for work claimed to have been done for, or material claimed t. ave been furnished to the Tenant, Tenant shall cause such mechanic's lien to be discharged of record within thirty 0) days after filing by bonding or as provided or required by law or in any other lawful manner or shall provide ev d ence that the lien is being contested by proceedings adequate to prevent foreclosure of the lien, together with sati 'story indemnity (in an amount equal to one hundred fifty percent (150%) of the claimed lien) to Landlord with thirty (30) days after filing thereof. Thereafter, failing such release or contest by Tenant, Tenant shall indemnify d save Landlord harmless from all costs, losses, expenses and attorneys' fees in connection with any such mech.. c's lien. All liens and encumbrances created or suffered by Tenant shall attach to Tenant's interest only. 7.3 (c) Surrender or Remov. of Alterations. Unless removal is required under this Paragraph 7.3(c), all alterations or improvements will bec ' e the property of Landlord and will be surrendered with the Premises at the end of Lease Term or other terminatiwithout payment. The Landlord, at its option, pursuant to Paragraph 7.3(a), may specify which improvements ade by Tenant shall be removed from he Premises at the expiration or sooner termination of the Lease Term, . d Tenant shall leave the Premises in a good, clean condition after the end of the Lease Term. 8. Insurance. 8.1 comprehensive general li liability arising out of less than $1,000,000 occurrence and for in any one acci damage of at 1 cross-liabili Paragraph the ins Landl Insurance. During the Lease Term, Tenant will maintain a policy of ility insurance, including plate glass insurance, insuring Landlord and Tenant against ownership, use, occupancy or maintenance of the Premises. The insurance will be for not r bodily injury or personal injury to or death of more than one person in any one accident or t less than $3,000,000 for bodily injury or personal injury to or death of more than one person t or occurrence. The insurance shall insure Landlord and Tenant against liability for property t $500,000. The limits of the insurance will not limit the liability of Tenant. The policy will contain endorsements, if applicable, and will insure Tenant's performance of the indemnity provisions of 4. If the Tenant fails to maintain the required insurance, the Landlord may, but does not have to, maintain ce at Tenant's expense. The policy shall expressly provide that it is not subject to invalidation of the d's interest by reason of any act or omission on the part of Tenant. 8.2 (a) Hazard Insurance On Building. During the Lease Term, Landlord will maintain policies f insurance covering the replacement cost of any loss or damage to the Building providing protection against all perils included within the classification of fire and extended coverage. The insurance will provide for payment for loss to 5 Landlord or to the holder of a first mortgage or deed of trust on the property. 8.2 (b) Tenant's Personal Property. Tenant assumes all risk of loss or damage to Tenant's prope Tenant assumes the risk that loss or damage to Tenant's Property, to the Premises or to the Building may result in , ss of income, profits or good will to the business of Tenant or other persons interested in Tenant's Property. ant releases and holds Landlord harmless from liability for these losses or damages, except arising out of Landlorgross negligence or willful misconduct. Tenant's Property includes all goods, equipment, inventory, merchandi , records, and other personal property and all fixtures, improvements and betterments place in or about the Premis- ., belonging to Tenant or any person connected with, or claiming under or through Tenant. Tenant agrees to inde fy Landlord, its employees and agents an save it harmless from all loss or claims, including reasonable attorneys' -es and costs in defending a claim, arising out of loss or damage to Tenant's Property belonging to others unless e loss or damage was caused by the gross negligence or willful misconduct of Landlord, its employees or agents 8.3 (a) Tenant's Insurance Policies. Insurance carried by Tenant will b ith companies licensed in the state of Florida and reasonably acceptable to Landlord. The Tenant will deliver to . andlord certified copies of the policies of insurance or certificates evidencing the Landlord as an insured, the exist:. ce and amounts of insurance, No policy shall be cancelable or subject to reduction of coverage or other modifi , ion except after 30 days prior written notice to Landlord. Tenant shall, at least 10 days prior to the expiration of , e policies, furnish Landlord with renewals or "binders" for the policies, or Landlord may order the required ins ance and charge the cost to Tenant pursuant to Paragraph 23. 8.3 (b) Increased Risk. Tenant will not do r - thing or permit anything to be done or any hazardous condition to exist ("Increased Risk"), which shall invalidor cause the cancellation of the insurance policies carried by either Tenant or Landlord, it being agreed that ' • operation of the business for the purpose set forth in the Information Schedule is not an Increased Risk. If Ten. ► does or permits any Increased Risk which causes an increase in the cost of the insurance policies on the Premise•, then Tenant shall reimburse Landlord pursuant to Paragraph 23 for additional premiums attributable to any act, • ission or operation of Tenant causing the increase in the premiums, including, but not limited to, noncomplie with regulations under Paragraph 6.2. Payment of additional premiums will not excuse Tenant from terming or removing the Increased Risk unless Landlord agrees in writing. Absent agreement, Tenant shall promptly ter irate or remove the Increased Risk. 8.4 Indemnity. T- ant shall indemnify and hold harmless Landlord, its agents and employees, from and against any and all claims sing from. (a) Tenant's use of the Premises including the mansard on the front of the Building, (b) the conduct o enant's business or anything else done or permitted by Tenant to be done in or about the Premises, (c) any brea or default in the performance of Tenant's obligations under the Lease, or arising from any negligence of Tenant, Tenant's agents, contractors or employees. Tenant shall defend Landlord against all costs, attorneys' fees, exp- ses and liabilities incurred in the defense of any such claim, action or proceeding. In case any action or prs .-eding is brought against Landlord by reason of a claim, Tenant, upon notice from Landlord, shall defend the sa at Tenant's expense by counsel satisfactory to Landlord. Tenant assumes all risk of damage to property or injury t. • ersons, in or about the Premises arising from any cause and Tenant waives all such claims against Landlord, exc:. claims due to Landlord's gross negligence or willful misconduct. The, right of indemnity in this paragraph - . es not apply to claims caused by the negligence of Landlord, its agents, contractors or employees. 9. Casual 1 Damage to Building Space. Tenant will give immediate notice to Landlord of fire or other casualty dama' to the Premises. Landlord will repair the Building Space unless it decides to terminate under Paragraph 9. . Tenant will be obligated to pay prorata fixed and additional rent on the portion of the Building Space it can occ Fixed and additional rent shall abate as to any portion of the Premises, which cannot be occupied by Tenant. 9.2 (a) Premises Space Damage If the Premises are substantially destroyed or the damage ires more than 180 days from the date of the damage to repair, either Landlord or Tenant has the option to rminate this Lease by giving written notice within 30 days after the date of the damage This Lease shall terminate upon the date of casualty, or the date Tenant vacates the Premises, whichever is later. 6 SUBSTITUTED 9.2 (b) Repairs Requiring Less than 180 Days to Repair. If the estimated time to repair the Premises is less than 180 days and Landlord diligently pursues repair, Tenant may not terminate if repair time run over 180 days due to causes beyond Landlord's control. 9.3 Negligence of Tenant - Uninsured Loss. An "Insured Loss" is damage ca . -d by an event, which is either required to be, or which has been elected by Landlord to be covered by insurance ► scribed in Paragraph 8.2(a). If casualty damage occurs which is not an Insured Loss and which is due to a neglige ► or willful act of Tenant, Tenant will repair the damage at its expense and will remain liable for the full rent durinepair to the extent Landlord is not reimbursed by insurance for such rent loss. Termination under Paragraph ' .2 will not be available to Tenant. 10. Real Property Taxes. 10.1 Payment of Taxes. If Tenant does not pay the items set fo Information Schedule directly, which includes Real Property taxes, Landlord shall pay Building and its grounds assessed and becoming a lien during the Lease Term. Ten paid to Landlord in accordance with Paragraph 5.2(a) hereof. If taxes cove commencement of the term or after the expiration of the term, Tenant's share Tenant will pay Landlord's reasonable estimate of any unassessed real estate payment or refund will be made when the taxes are assessed. s Additional Rent in the Real property taxes on the prorata share of taxes will be a period of time prior to the ll be prorated. Upon termination, es corresponding to the term. Final 10.2 Definition of "Real Property Tax". The te "Real Property Tax" includes any form of assessment, license fee, levy, or tax (other than inheritance or estate es), imposed by an authority with direct or indirect power to tax any legal or equitable interest of Landlord in Real property of which the Premises are a part, but shall not include any rent tax payable by Tenant under Parag .h 5, nor any corporate franchise or income taxes. 10.3 Personal Property Taxes. Tenan - ill pay, before delinquency, all taxes assessed against trade fixtures, furnishings, equipment and all other perso ► property of Tenant. Tenant will cause these items to be assessed and billed separately from the Real property of " andlord. 11. Utilities. Tenant shall pay direct and if not paid, Landlord will pay and hold Tenant fully liable for the payment. 12. Assignment and Subletting. 12.1 Landlord's Cons t Re i uired. Tenant will not voluntarily or by operation of law assign, transfer, mortgage, sublet or otherwis- ► ansfer or encumber all or any part of Tenant's interest in this Lease or in the Premises, without Landlord's prior - tten consent which consent may be withheld by Landlord for any reason. Any attempted assignment, transfer, ortgage, encumbrance or subletting without consent shall be void as against Landlord and shall constitute a each of the Lease. In the event Tenant is a corporation or other business entity and Tenant sells more than twen► five percent (25%) of said business directly or indirectly this sale shall consistent an assignment of the Lease w► h requires Landlord's consent. The sale of the business indirectly by sale of any parent corporation/business shikewise constitute an assignment of the Lease, which requires Landlord's consent. In the event consent is given d Tenant is to sublease or assign the lease in whole or in part and increase any collection of rent by Tenant for e sublease or assignment shall be payable to the Landlord. Consent to assign will not be unreasonably wi eld if Tenant remains personally responsible for the obligations of the assignee. 12.2 No Release of Tenant. Regardless of Landlord's consent, no subletting or assignment will alter the primiability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant. Acceptof rent from any other person will not be deemed a waiver by Landlord of any provision of this Lease. Conse ► to one assignment or subletting will not be deemed consent to any subsequent assignment or subletting. 13. Defaults; Remedies. 13.1 Events of Default. It is a default under this Lease if any of the following "Events of 7 Default" happen: SUBSTITUTED (a) if any Fixed Monthly Rent is not paid when due and default continues for a period of five (5) days after receipt of written notice; or (b) if any additional rent is not paid when due and default continues for a period of fi days after receipt of written notice; or (c) if Tenant physically vacates the Premises prior to the expiration of this Lea , or (d) any notice or communication from Tenant to Landlord that Tenant wi the Fixed Monthly Rent or the Additional Rent when due or that Tenant will physically vacate the Lease expiration (except because of a default by Landlord) ; or o longer pay emises prior to (e) if Tenant defaults under any of the terms of this Lease othe - an those in 13.1 (a) , (b) , (c) and (d) and default continues for thirty (30) days after receipt of written notice - cept if default cannot be completely cured within thirty (30) days, it will not be an Event of Default if Tenant s . s to cure within the 30-day period, and in good faith proceeds to remedy the default) ; or (f) if Tenant or any person who has guaranteed perfance, files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent, or files a petition or . • - er seeking relief under any federal, state or other statute or regulation, or seeks or consents to or acquiesces in e appointment of a trustee, receiver or liquidator of Tenant or guarantor, of all or any substantial part of Tenant' •roperties or of the Premises or any or all rents, earnings or income, or makes an assignment for the benefit of cre ' ors, or admits in writing its inability to pay its debts generally as they become due; or (g) if a petition is filed against Ten seeking relief under any federal, state or other statute or regula (60) days, or if a trustee, receiver or liquidator of Tenant or or of the Premises or any or all rents or income is ap guarantor, and the appointment remains unvacated or (h) If tenant fails to Landlord. t, or any person who has guaranteed performance, n, which remains and dismissed or unstayed for sixty antor, or of all or any substantial part of its properties ted without the consent or acquiescence of Tenant or ayed for sixty (60) days. any rental obligation to Landlord under any other lease with 13.2 Notice Termination. andlord at any time after the happening of an Event of Default may declare an Event of Default by written 'ce to Tenant specifying the Event(s) of Default. In the same or a later written notice, Landlord may elect that s Lease terminate at 5:00 p.m., on the date listed by Landlord. The date will be at least five (5) days after the giv. : of the termination notice (including the termination date). On the date in the notice, subject to Paragraph 13.4, Lease and all interests demised will terminate and all rights of the Tenant shall cease. The termination will not , e place if before the stated date and time: Tenant has paid all arrears of Fixed Minimum Rent and Additional Rent and all other amounts payable by Ten.. (together with interest pursuant to Paragraph 24.10) and as Additional Rent all expenses (including, without 1. ' Lion, attorneys' fees and expenses) incurred by Landlord due to any default by Tenant (the "Arrearages") (b) all other defaults have been cured. 13.3 Repossession Re -letting. After notice of an Event of Default, whether before or after a terminati•,d as provided in Paragraph 13.2, Landlord, without further notice and with no liability to Tenant, may reposs- . the Premises by summary proceedings or ejectment, and may remove Tenant and all other persons and any and property from the Premises. After such repossession, Landlord may (but is under no obligation to) re -let the Pr' ses, any part thereof, or the Premises with additional premises, on account of Tenant (until Landlord makes mand for final damages), in Tenant's or Landlord's name, without notice to Tenant, for a term (which may be more or less than the period which would have been the balance of the term of this Lease) and on conditions including 8 SUBSTITUTED concessions, periods of rent free use, or alterations, and for purposes which Landlord determines, and Landlord may receive the rents. Landlord is not liable for failure to collect any rent due upon any such reletting. 13.4 Survival of Tenant's Obligations Damages. No provisions in Paragraphs 13.1, 13.2 and .3 will relieve Tenant of its liability and obligations under this Lease, all of which will survive. Landlord will , .t be deemed to accept a surrender of Tenant's Lease or otherwise discharge Tenant because Landlord takes o . ccepts possession of the Premises or exercises control over them as provided. Acceptance of surrender and disch. '.e may be done only by an instrument executed on behalf of Landlord by its duly authorized officer or employee. In the event of termination or repossession following an Event of Defaul , enant will pay to Landlord the arrearages up to the date of termination Further, Tenant, until the end of what ld have been the term of this Lease in the absence of termination and whether or not the Premise or any part hav - . een re -let, is liable to Landlord for, and will pay to Landlord, as liquidated and agreed "Current Damages" for T:. ant's default: (a) The Fixed Minimum Rent and all Additional Rent and oth•. charges payable by Tenant or which would be payable if this Lease had not terminated, plus all Landlord's expe . • s in connection with any re - letting, including, without limitation, repossession costs, brokerage commissions egal expenses, attorneys' fees, expenses of employees, alteration costs and expenses of preparation for such rele . g, LESS (b) the net proceeds, if any, of any reletting on a ount of Tenant pursuant to Paragraph 13.3. If the Premises have been re -let with additional premises, the net proc ds, if any, of re -letting shall be prorated. Tenant shall pay Current Damages to Lan..rd monthly on the days on which the Fixed Rent would have been payable if the Lease were not terminated, and andlord is entitled to recover from Tenant each month. After termination under Paragrap 3.2, whether or not Landlord has collected Current Damages, Tenant will pay to Landlord, on demand, as liquied and agreed "Final Damages" for Tenant's default and in lieu of all Current Damages beyond the date of deman. , an amount equal to (x) the present cash v. on the date of demand of the Fixed Minimum Rent and Additional Rent and other charges which would h e been payable (net of any sales taxes) from the date of demand for what would have been the unexpired term of is Lease if it had not been terminated, PLUS (y) the Arrearag:. to the earlier of the date of termination or repossession and Current Damages up to the date of demand, which - main unpaid. If any statute or rule of law goveming a proceeding in which Final Damages are to be proved validly . its the amount to an amount less than that provided for, Landlord is entitled to the maximum amount allowable .. er the statute or rule of law. The discount rate of interest shall he as provided in Paragraph 24.10. 13.5 Cross- t, ault. Tenant shall be deemed to be in default of this Lease as well as all other leases with Landlord, if any, in the ent Tenant is in breach of this Lease or any of the other leases with Landlord, if any. All such leases shall cros • efault and Landlord shall have all remedies available in all of it leases with Tenant or otherwise available und: the law. 14. Conde ation. 14.1 Permanent Condemnation. If the Premises or any portion are taken under the power of eminent domain or so under the threat of the exercise of the power (both called "Condemnation"), this Lease will terminate as to the p taken as of the first date the condemning authority takes either title or possession. If the portion of the Premise aken is more than twenty-five percent (25%) or makes the balance unfit for Tenant's use, Tenant has the optio. . terminate this Lease as of the date the condemning authority takes possession. The option will be exercised in ing as follows: or (a) within thirty (30) days after Landlord has given Tenant written notice of the taking; 9 (b) absent notice, within thirty (30) days after the condemning authority has given Tenant written notice of a taking; or (c) absent notice, within ten (10) days after the condemning authority has taken possess 14.2 Temporary Condemnation. Upon Condemnation of all or a part of the Premises for te .orary use, this Lease will continue without change or abatement in Tenant's obligations, as between Landlord . • , Tenant. Tenant is entitled to the award made for the use, insofar as the Premises. If said award is not limited to ' Premises, then said amount shall be equitably distributed, in the sole and absolute discretion of Landlord. If the ' ondemnation extends beyond the initial term, or only current renewal term, the award will be prorated between e Landlord and the Tenant as of the dated expiration date of the term. The Tenant is responsible for the cost of . r ' restoration work required to place the Premises in the condition they were in prior to Condemnation unless the r• ase of the Premises occurs after termination. In such cases, Tenant will assign to the Landlord any claim i ay have against the condemning authority for restoration. If Tenant has received restoration funds, it will give - unds to Landlord within fifteen (15) days after demand. 15. Force Majeure. If Landlord's or Tenant's performance of any no onetary obligations under any provision in this Lease is delayed by an act or neglect of the other party, Act of God .', 'ke, labor dispute, unavailability of materials, boycott, governmental restrictions, riots, insurrection, war, catas ' she, or act of the public enemy, the period for the beginning or completion of the obligations is extended for a pe d equal to the delay. 16. Subordination. This Lease, at Landlord's option, wil • e subordinate to any form of Security now or later placed on the Property and to all advances made on the ' ecurity and to all renewals, modifications, consolidations, replacements and extensions. Tenant's right to quiet • ssession of the Premises will not be disturbed if Tenant is not in default under this Lease unless it is otherwis erminated under the terms of this Lease. If any mortgagee, trustee or ground lessor elects to have this Lease p ' to the lien of its Security, and gives written notice to Tenant, the Lease will be deemed prior to the Security, wh- er dated before or after the date of the Security, or the recording date. Tenant agrees to execute any required doc • -nts within ten (10) days after written demand. Landlord agrees to subordinate any landlord's lien, which it may h. on the personal property of Tenant to the security interest of any vendor or person providing financing for its ' rchase and agrees to execute any documents requested to evidence this subordination. 17. Estoppel Certificate. Each party, w ' i ten (10) days after written notice from the other party, agrees to deliver a written statement (I) certifying that . is Lease is unmodified and in full force and effect (or, if modified, stating the nature of the modification and c; fying that this Lease, as so modified is in full force and effect) and the date to which the rent and other charges - paid in advance, if any, (II) stating the amount of the Security Deposit, if any, held by Landlord, and (III) ackno edging that there are not, to the party's knowledge, any uncured defaults on the part of the party requesting the ement, or stating any claimed defaults. The statement may be relied upon by any prospective purchaser or lend A party's failure to d . ver the statement within the time will be conclusive upon the party failing to respond (I) that this Lease is in ful orce and effect, without modification except as may be represented by the requesting party, (II) that any Sec Deposit is as represented by the requesting party, (III) that there are no uncured defaults in the requesting party' • .erformance, and (IV) that not more than one month's rent has been paid in advance. 18. Co ate Authori . If Tenant is a corporation, each individual executing this Lease on behalf of the corporation rep ents and warrants that he is duly authorized to execute and deliver this Lease on behalf of the corporation, i • accordance with a duly adopted resolution of the Board of Directors of the corporation, or in accordance with the by , s of the corporation, and that this Lease is binding upon the corporation. If Tenant .is a corporation, Tenant w , within thirty (30) days after execution of this Lease, deliver to Landlord a certified copy of applicable bylaws . thorizing or ratifying the execution of this Lease or establishing the authority of the person executing this Leas 19. Notices. All notices required or permitted under this Lease shall be in writing and shall be deemed duly given if mailed in any U.S. Post office by certified or registered mail, addressed to Landlord or Tenant, respectively, 10 SUBSTITUTED at the addresses provided in the Information Schedule. 20. Broker's Fee. Landlord and Tenant represent and warrant to each other that except as stated in the Information Schedule, no broker, agent or finder has been employed by it in connection with this Lease and no commissions are payable by it to any person. Tenant and Landlord each agree to indemnify, defend and save harml the other from any expenses or claim for fees or commissions resulting from the indemnifying party having dealt ith any broker, agent or finder in negotiating this Lease. Landlord and Tenant acknowledge that their broker : this transaction, if any, was listed in the Information Schedule and that payments of commissions will be in ardance their agreement. Tenant represents it did not deal with any other broker, agent or finder purporting represent Landlord. 21. Landlord's Access. Landlord and Landlord's agents have the right to enter the Pre . es at reasonable times for the purpose of inspecting, showing the Premises to prospective purchasers or lenders, . making alterations, repairs, improvements or additions to the Premises or to the Building that Landlord deems ne sary or desirable. 22. Landlord's Liability. The term "Landlord" means only the owner or owners question. If the Landlord (or the then Grantor) transfers any title or interest from an Landlord (or the then Grantor) is relieved of all liability for Landlord's obligations transfer. Any Security Deposit not delivered to the Grantee is excepted. Landlord' thereafter be binding on Landlord's successors and assigns, but only during Tenant agrees to attom to any transferee or lender of Landlord. the fee title at the time in ter the date of transfer the e performed after the date of bligations under this Lease shall respective periods of ownership. 23. Landlord's Rights. If Tenant fails to make any required pay i t or defaults in performing any other term in this Lease, Landlord may, but need not (and without waiving the • fault), make such payment or remedy other defaults for Tenant's account and at Tenant's expense, immediately . . without notice in case of emergency, otherwise on five (5) days written notice to Tenant. The costs, with interest , 4 er Article 24.10, and with a charge equaling 15% of the cost (to cover Landlord's overhead), is due as Additis al Rent with Tenant's next Fixed Minimum Rent installment. 24. Miscellaneous. 24.1 Time of Essence. Time is of e essence under this Lease. 24.2 Covenants and Conditi. . Each provision of this Lease performable by Tenant is both a covenant and a condition. 24.3 Captions. Article , d paragraph captions are only for convenience. 24.4 Inco parties with respect to any matter Lease. This Lease may be mod' attached to this Lease are p Tenant shall remain liable obligation to have any w permitted. Further, T electrician for the 4 Landlord, all of w oratio f Prior Aeements Amendments. This Lease contains all agreements of the entioned. No prior agreement or understanding is effective after execution of this d in writing only, signed by the parties. The Exhibits and Information Schedule f the Lease as fully as if placed in the body of the Lease. Notwithstanding the above, all rental and additional rental obligations under the prior lease, as well as the performed, by Tenant or Tenant's agents, at the location to be brought up to code and t shall assume the obligation of completing any pending electrical work at its cost for its Royal Palm Avenue premises, regardless of whether said services were contracted by h serives have already been paid for by Landlord. 24.5 Cumulative Remedies. No remedy or election is exclusive but, wherever possible, is cumulativ- - ith all other remedies at law or in equity. 24.6 Severability. The invalidity of any provision of this Lease, as determined by a court of co s ,~tent jurisdiction, shall not affect the validity of any other provision. The valid portions of the Lease shall be rpreted together to accomplish the intent of the parties. 24.7 Merger. The voluntary or other surrender by Tenant or a mutual cancellation will work a 11 SUBSTITUTED merger, and at Landlord's option, will terminate existing subtenancies or operate as an assignment of subtenancies. 24.8 Holding over. If Tenant retains possession after the Lease Term expires, without the written consent of Landlord, the occupancy will be a tenancy from month -to -month at a rent in the amount of 1.5 times last Fixed Minimum Rent plus all Additional Rent and other charges payable, and upon all the terms applicable , a month -to -month tenancy. Any options and rights of first refusal contained in the Lease are terminated d • • _ the month -to -month tenancy. 24.9 Waivers. Waiver by Landlord of any provision is not a waiver of any other provis . n or of any subsequent breach by Tenant of the same or any other provision. Landlord's consent or approval of . act will not make it unnecessary to obtain Landlord's consent or approval in the future. The acceptance of rent b andlord is not a waiver of any breach by Tenant other than the failure of Tenant to pay the particular rent acc=.ted, regardless of whether Landlord knows of such a breach. 24.10 Interest on Past -Due Obligations. Any amount due to Landlord no .aid within ten (10) days of the due date will bear interest from the date due at the rate of eighteen percent (18%) r annum or the highest rate of interest payable under the law, whichever is lowest. Payment of interest will not c any default by Tenant under this Lease except as expressly provided. 24.11 Attorneys' Fees. If either party brings an action regar• g terms or rights under this Lease, the prevailing party in any action, on trial or appeal, is entitled to reasonable . omeys' fees as fixed by the court to be paid by the losing party. The term "attorneys' fees" shall include, but no se limited to, reasonable attorneys' fees incurred in any and all judicial, bankruptcy, reorganization, administrai -e or other proceeding, including appellate proceedings, whether the proceedings arise before or after entry of Fi s . Judgment and all costs and disbursements in connection with the matter. It shall also include all fees and costs fs post judgment enforcement. 24.12. Waiver of Jury Trial. Landlord 1 Tenant each waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties t• i is Lease against the other on any matters whatsoever arising out of or in any way connected with this Lease or s termination, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises and/or any cl, of injury or damage and any emergency statutory or any other statutory remedy. 24.13 Recording. Tenant wil of record this Lease without Landlord's written consent. Any recordation without Landlord's consent, at Lan rd's option will constitute a non -curable default of Tenant. 24.14 Si ns and Auctio .. Tenant shall not place any additional signs upon or conduct any auction on the Premises without Landlord's prior tten consent. 24.15 Security. T' sant acknowledges that the rents reserved in this Lease do not include the cost of security guards or other securi�, measures, and that Landlord has no obligation to provide such services. Tenant assumes all responsibility for protection of Tenant, its agents, employees and invitees from acts of third parties. 24.16 E. ments and Restrictive Covenants. Landlord reserves the right to grant and record easements, cross easeme ' , rights, restrictive covenants and conditions and dedications, which it deems necessary or desirable. The grants 1 not unreasonably interfere with Tenant's use of the Premises. Tenant agrees to promptly execute documents • uested by Landlord. Failure to execute will be a material breach under this Lease. 24.17 Binding Effect; Choice of Law. Subject to provisions restricting assignment and subletting and to the pr. - isions of Paragraph 22, this Lease will bind the parties, their personal representatives, successor and assigns. Lease shall be governed by the laws of the State of Florida. Both parties acknowledge that they have reviewe • d 's Lease thoroughly and have given their voluntary consent to the provisions. The Landlord and Tenant agree ..t, at execution, the terms are commercially reasonable and show the intent of the parties. This Lease shall sury e any sale of the Building. The parties have executed this Lease at the place on the date specified. 12 Witnesses: Name: Name: Name: Name: Cir C. SUBSTITUTED Josa Property 15, LLC By: Namrge L. Salazar T' e: Manager Aquatic Control Gro Inc. (..27iL...A By: Name; Mark Brooks Title: President MIAMI INTERNATIONAL AIRPORT Commercial Airport: Miami International Airport General Aviation Airports: Dade -Collier Training &Transition Homestead General Kendall-Tamiami Executive Opa-locka Executive September 8, 2021 Aquatic Control Group, Inc. 2343 NW 7th Ave Miami, FL 33127 RE: Letter of Reference To Whom It May Concern: Aquatic Control Group, Inc. has been providing canal m and three of its satellite airports since October 202 Services (MDAD). ACG has provided exemplary responsive, and our canals are being maintained i of an ISO 14001 audit of MDAD Maintenance. in such good shape after more than ten years Judging by our experience with Aquatic Department. SUBSTITUTED Miami -Dade Aviation Departmen P.O. Box 0255 Miami, Florida 33 12 T 305-876-7000 F 305-876 .948 www.miami-airp.com midade.gov tenance work at Miami International Airport nder contract FB-01370, Canal Maintenance ces since day one. They have been extremely eccably. The canals were recently reviewed as part he auditors stated that they had never seen the canals audits. ontrol Group, Inc., the firm is highly recommended by this Should you have any questions, pl:. se contact me at (305) 876-7380. Sincerel Michael Bedell Landscape Archite ' 3 Facilities Maint- . nce, GA Airports 75eLi veri g E,Icce-t e. we &very 000204 Local Business Tax Receipt Miami -Dade County, State of Florida -THISISNOTABILL - DO NOT PAY 7243342 BUSINESS MANIEMCAUON AQUATIC CONTROL GROUP INC 1501 NW 37TH ST MIAMI FL 33142-5567 OWNER AQUATIC CONTROL GROUP INC C/O MARK BROOKS PRES Employee(s) 1 This Local Bus pennitora or nong RECEIPT MO. RENE:WA 7529 C TYPE or BUSINESS 207 ADMIN OFFICE/OPERATION CTR SUBSTITUTED 1 EXPIRES SEPTEMBER 30, 2023 Must tit, %1Ir.plrryed at place of bi i',11141416 Pursuant to County Codo Chapter 8.A - Art i & 10 I'AYMINT IIECANED BY 1AX COLLECTOR $45.00 08/23/2022 INT-22-395704 Tax Receipt only confiners payment of the Local Rosiness Tax The Receipt is not a license, rtification of the holders qualificatlonr, to do business Holder must comply with any governmental 'mantel rrqulatory laws and requirements which apply to the business, ha RECEIPT NO. above must be displayed on all commercial vehicles - Miami -bads Code Sec 8a 776 For Mare information, visit momMigimighisltudignolipttg[ Stephanie Bortz Stormwater Utility Manager SUBSTITUTED July 25, 2021 Aquatic Control Group, Inc. 1501 NW 37 Street Miami, FI 33142 Ref: Letter of Reference To whom it may concern: The City of Doral awarded ITB #2018-30 "Floa g Debris Removal Services" to Aquatic Control Group, Inc in January 2018 and the Noce to Proceed began March 2019. As project manager for this program, I have worked th Aquatic Control Group since the Notice to Proceed date and have received excel nt service and response time. Aquatic Control completes the scope of work withi' the executed contract and provides helpful and reasonable alternatives for any issu- that may arise. I would like to recommend this vendor to any municipality in need of . service similar to the scope from the above -mentioned program to keep our waterwa clean. If you have any que ions, I can be reached at (305) 593-6740 ext. 6024 or Ste .hanie.Bortz • cit . doral.com. Sine rely, Stepha Bortz Storm ater Utility Manager 8401 Northwest 53'd Terrace • Doral, Florida 33166 • (305) 593-6725 www.cityofdoral.com SUBSTITUTED A� o® CERTIFICATE OF LIABILITY INSURANCE D DATE (MM/DD/YYYY) 06/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endo ed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A stateme on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bellwether Insurance Group, LLC 225 SE 15th Terrace Deerfield Beach FL 33441 CONTACT Bellwether Insurance Group NAME: /c,Nr o, Ext): (954) 800-6400 FAX ): (954) 935-7597 E-MAIL certificates@bigriskmanagement.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: ARGONAUT INSURANCE COMPANY 19801 INSURED Aquatic Control Group Inc 8910 Schoolhouse Rd Miami FL 33156 INSURER B : Progressive Express Insurance Co 10193 INSURER C: Lloyds of London INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL228903857 EVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU i T WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI ' . INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) , • LICY EXP M/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 7260M4509-00 08/ •/2022 08/16/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RETED PREMISES (Ea occurrence) $ 100,000 X Hull & P&I MED EXP (Any one person) $ 5,000 Y PERSONAL &ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 Limited Pollution Liability $ 1,000,000 B AUTOMOBILE X X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY )e• /• ...,e• /• SCHEDULED AUTOS NON -OWNED AUTOS ONLY 04104091-1 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE (Per accident) $ PIP $ 10,000 C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE USRUMB2►•08 08/16/2022 08/16/2023 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION $ 25,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B Commercial Auto 04028550-0 09/01/2022 09/01/2023 combined single limit PIP $1,000,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHI S (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDE CANCELLATION I e City of Miami Dept of Procurement & Risk Mngmnt 444 SW 2nd Ave Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ' CORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I SUBSTITUTED ® A� o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endor d. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A stateme n this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eastern Insurance Group, Inc. 7400 SW 50th Terrace Suite 100 Miami FL 33155 CONTACT Amanda Nogues NAME: A/c,NIJ , Ext): (305) 595-3323 (AA/X N (305) 595-7135 E-MAIL amanda@easterninsurance.net ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Technology Insurance Company 42376 INSURED Aquatic Control Group, Inc. 1501 NW 37th St Miami FL 33142 INSURER B INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: Master 22/23 WC EVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME, . BOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM' T WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER 4 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) PICY EXP DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS -COMP/OPAGG $ $ AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N /A Y T 4178574 12/07/2022 12/07/2023 X PER PEATUTE OTH ER E.L. EACH ACCIDENT 1 ,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT 10, 00000 $ , DESCRIPTION OF OPERATIONS / LOCATIONS / VEHIC Blanket waiver of subrogation applies with pects S (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) to workers comp when required by written contract. CERTIFICATE HOLDE CANCELLATION Miami, Department of Procurement, Management „/of 2nd Avenue Miami I FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IFB 1704386 Canal Cleaning Services I SUBSTITUTED Attachment E - Classification 1 - Federally Funded Projects Price Sheet *complete this sheet while in excel. Spreadsheet automatically total. ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE • AL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000 ' $24,000.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY ,000.00 $24,000.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTE- $1,000.00 $4,000.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 BI NTHLY $2,500.00 $15,000.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 7 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas wit. the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using ap..ved weed control chemical treatment method 4 QUARTERLY $1,000.00 $4,000.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water surf • of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $1,000.00 $6,000.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (lo. -, •ranches, water weeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (shopp. . carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 13 Seybold Canal - collecting litter, trash and debris in the banks and upland -as within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 14 Seybold Canal - mowing and trimming all overgrown vegetation in - banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 15 Seybold Canal - removal and disposal of any vegetation • • truction (logs, branches, water weeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 16 Comfort Canal - collecting litter, trash and debris in - banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 17 Comfort Canal - mowing and trimming all ov- .rown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 18 Comfort Canal- spraying the banks • upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $4,000.00 $16,000.00 19 Comfort Canal - spraying th- 'aterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved e• -al 6 EACH $4,500.00 $27,000.00 20 Comfort Canal - re • • al and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 21 Comfort Ca. - - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 22 Adem- anal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface w- s 16 EACH $1,000.00 $16,000.00 23 demar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 1 SUBSTITUTED 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,500.00 ANNUALLY $3,000.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.0. 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $500.00 $: f00.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 28 28 Davis Canal - removal and disposal of anyvegetation obstruction (logs, branches, seaweeds, etc.)2 p g ( g SEMI- ANNUALLY =0 $3,000.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-,000.00 ANNUALLY $4,000.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTH $500.00 $6,000.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 • ITHLY $200.00 $2,400.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) SEMI-$2,000.00 ANNUALLY $4,000.00 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within t canal right of way and surface waters 12 MONTHLY $250.00 $3,000.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seawee. -, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, applian• , boats, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and • -nd areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegeta ' , in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $250.00 $1,000.00 40 Bayfront of Rickenbacker Causeway - removal and disposal of any vegeta ' , obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and d- ' is in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 42 Lawrence Waterway and Swell Canal - mowing and trimmin• - I overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $1,000.00 $12,000.00 43 Lawrence Waterway and Swell Canal - spraying the -=nks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $1,000.00 $2,000.00 44 Lawrence Waterway and Swell Canal - remo - and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,500.00 $3,000.00 45 Lawrence Waterway and Swell Cana emoval and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 46 Lawrence Waterway, Seaw- -ortion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,000.00 $1,000.00 47 Lawrence Waterway, -wall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a on; oat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot-dee..alvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is bro or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,000.00 $4,000.00 48 Waterfr. of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal righ . way and surface waters 12 MONTHLY $250.00 $3,000.00 49 * -terfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $250.00 $1,000.00 2 SUBSTITUTED 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY $250.00 $1,000.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000. 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $250.00 00.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $6,000.00 $12,000.00 54 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY $ . 9.00 $9,000.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 56 Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SE AN .ALLY $2,000.00 $4,000.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 ONTHLY $500.00 $6,000.00 58 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters QUARTERLY $250.00 $1,000.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal right • way and surface waters 12 MONTHLY $750.00 $9,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland areas - hin the canal right of way and surface waters 4 QUARTERLY $1,000.00 $4,000.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches, aweeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland ar= - within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in th= .anks and upland areas within the canal right of way and surface waters 4 QUARTERLY $1,000.00 $4,000.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation ob ction (logs, branches, seaweeds, etc.) 2 SEMI-$1,500.00 ANNUALLY $3,000.00 66 Waterfront of Legion Park - collecting litter, trash and debris in the ban, . and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 67 Waterfront of Legion Park - mowing and trimming all overgrow -getation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of a egetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 73 Waterfront of Miami River (along NW South Riv- drive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within tp canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 74 Waterfront of Miami River (along NW So River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks an• pland areas within the canal right of way and surface waters 4 QUARTERLY $2,000.00 $8,000.00 75 Waterfront of Miami River (along ' South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (lo. -, •ranches, seaweeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 76 Waterfront of Fern Isle Pa - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface water 12 MONTHLY $1,500.00 $18,000.00 77 Waterfront of Fern - e Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of w- and surface waters 4 QUARTERLY $1,500.00 $6,000.00 78 Waterfro Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,000.00 ANNUALLY $2,000.00 79 Inst- - ion of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City • ineer. 1 EACH $400.00 $400.00 80 -emoval of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $400.00 $400.00 3 SUBSTITUTED 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $400.00 $400.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $400.00 $400.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $500.00 $ . 4.00 84 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $600.00 $600.00 85 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH ' %$0.00 $900.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EAC. $1,200.00 $1,200.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 ACH $1,300.00 $1,300.00 88 Shade Tree and Stump Removal 15'-40' overall height 1 EACH $1,400.00 $1,400.00 89 Shade Tree and Stump Removal 41'-60+' overall height 1 EACH $1,500.00 $1,500.00 90 Palm Tree and Stump Removal 0'-15' overall height EACH $1,300.00 $1,300.00 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $1,400.00 $1,400.00 92 Palm Tree and Stump Removal 41'-60+' overall height 1 EACH $1,500.00 $1,500.00 93 Shade Tree Pruning 0'-15' overall height 1 EACH $400.00 $400.00 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $500.00 $500.00 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 96 Palm Tree Pruning 0'-15' overall height 1 EACH $400.00 $400.00 97 Palm Tree Pruning 16'-40' overall height 1 EACH $500.00 $500.00 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $600.00 $600.00 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 4 I SUBSTITUTED fr IFB 1704386 Canal Cleaning Services Attachment F - Classification 2 - Non -Federally Funded Projects Price Sheet *complete this sheet while in excel. Spreadsheet automatically total. ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE OTAL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,004.00 $24,000.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $2,000.00 $24,000.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUART. Y $1,000.00 $4,000.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 ONTHLY $2,500.00 $15,000.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 7 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas . In the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using - • .roved weed control chemical treatment method 4 QUARTERLY $1,000.00 $4,000.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water s • =ce of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $1,000.00 $6,000.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (1..., , branches, water weeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (shop• g carts, tires, appliances, boats, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 13 Seybold Canal - collecting litter, trash and debris in the banks and uplan..reas within the canal right of way and surface waters 12 MONTHLY $1,500.00 $18,000.00 14 Seybold Canal - mowing and trimming all overgrown vegetation i e banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 15 Seybold Canal - removal and disposal of any vegetatio ..struction (logs, branches, water weeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 16 Comfort Canal - collecting litter, trash and debris i e banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 17 Comfort Canal - mowing and trimming all o grown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $4,500.00 $54,000.00 18 Comfort Canal- spraying the bank upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $4,000.00 $16,000.00 19 Comfort Canal - spraying the aterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved -, al 6 EACH $4,500.00 $27,000.00 20 Comfort Canal - re. .val and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 21 Comfort C- • = - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 22 Ade Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface w- -rs 16 EACH $1,000.00 $16,000.00 23 • demar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 1 SUBSTITUTED 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,500.00 ANNUALLY $3,000.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $500.00 $: 00.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 28 28 Davis Canal - removal and disposal of anyvegetation obstruction (logs, branches, seaweeds, etc.)2 p g ( g SEMI- ANNUALLY ' $3,000.00 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-' ANNUALLY ,000.00 $4,000.00 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTH $500.00 $6,000.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 M• 1 HLY $200.00 $2,400.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) SEMI-$2,000.00 ANNUALLY $4,000.00 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within t - anal right of way and surface waters 12 MONTHLY $250.00 $3,000.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seawee. , etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, applian , boats, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and u• =nd areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegetal' in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $250.00 $1,000.00 40 Bayfront of Rickenbacker Causeway - removal and disposal of any vegetal- obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and de• s in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 42 Lawrence Waterway and Swell Canal - mowing and trimmin. - overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $1,000.00 $12,000.00 43 Lawrence Waterway and Swell Canal - spraying the • - ks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $1,000.00 $2,000.00 44 Lawrence Waterway and Swell Canal - remo and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,500.00 $3,000.00 45 Lawrence Waterway and Swell Canal emoval and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 46 Lawrence Waterway, Seaw- -ortion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $1,000.00 $1,000.00 47 Lawrence Waterway, S- -wall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a on- •at Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot-dee. „-Ivanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is bro or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $4,000.00 $4,000.00 48 Waterfr. - of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal right ' way and surface waters 12 MONTHLY $250.00 $3,000.00 49 erfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $250.00 $1,000.00 2 SUBSTITUTED I / 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY $250.00 $1,000.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI ANNUALLY $250.00 00.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $6,000.00 $12,000.00 54 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY 0.00 $9,000.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTERL $500.00 $2,000.00 56 t) Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, 2 A SE ALLY $2,000.00 $4,000.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 58 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters QUARTERLY $250.00 $1,000.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal righ way and surface waters 12 MONTHLY $750.00 $9,000.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland area . ithin the canal right of way and surface waters 4 QUARTERLY $1,000.00 $4,000.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches .-aweeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland a -s within the canal right of way and surface waters 12 MONTHLY $750.00 $9,000.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in t - •anks and upland areas within the canal right of way and surface waters 4 QUARTERLY $1,000.00 $4,000.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation o. • uction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $1,500.00 $3,000.00 66 Waterfront of Legion Park - collecting litter, trash and debris in the ba - and upland areas within the canal right of way and surface waters 12 MONTHLY $500.00 $6,000.00 67 Waterfront of Legion Park - mowing and trimming all overgrow. ,egetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $500.00 $2,000.00 72 Waterfront of Legion Park - removal and disposal of - . , vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$2,000.00 ANNUALLY $4,000.00 73 Waterfront of Miami River (along NW South Riv- (rive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within - canal right of way and surface waters 12 MONTHLY $2,000.00 $24,000.00 74 Waterfront of Miami River (along NW S. - River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks a. , upland areas within the canal right of way and surface waters 4 QUARTERLY $2,000.00 $8,000.00 75 Waterfront of Miami River (along , South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (lo• -, branches, seaweeds, etc.) 2 SEMI ANNUALLY $2,000.00 $4,000.00 76 Waterfront of Fern Isle P-. - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface wate 12 MONTHLY $1,500.00 $18,000.00 77 Waterfront of Fer. e Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of and surface waters 4 QUARTERLY $1,500.00 $6,000.00 78 Waterfro. .f Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$1,000.00 ANNUALLY $2,000.00 79 Ins -tion of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City gineer. 1 EACH $400.00 $400.00 80 Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $400.00 $400.00 3 I SUBSTITUTED )/ 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of 1 TON $400.00 $ 4 I SUBSTITUTED SUBSTITUTED ANNIE PEREZ, CPPO Procurement Director September 11, 2023 Mark Brooks Aquatic Control Group, Inc. 1501 NW 37th Street Miami, FL 33142 1!iit(Eau of i ' semi ARTHUR NORIEGA V City Manager SENT VIA EMAIL: Aquati• •IantMgt@gmail.com RE: Notice to Cure — Invitation for Bid ("IFB") No. 1704386 - Ca Cleaning Services Dear Mr. Brooks: The City of Miami's Procurement Department is in the pro the above -listed IFB. In reviewing the bid submitted, we r of the Commercial Applicator License. To confirm v license issued by the Department of Agriculture and ss of evaluating your firm's response to iewed a word document submitted as proof ity, please provide a photocopy only of the onsumer Services. In order to complete the award phase of the pr• ess, please provide the requested license copy via email to: Tahlia Gray at t•ra • miami•ov.co► , no later than close of business (5:00 PM Eastern Standard Time) on Friday, September 15, '23. Failure to submit the requested license copy may render Aquatic Control Group's bid submi--ion as non -responsive. Should you have any questions reg address provided above. Thank you for your cooperation Sincerely, Annie Perez, CPP Chief Procurem ing this notification, please contact Tahlia Gray at the email Officer/Director of Procurement SUBSTITUTED jftoriba Department of £ gricutture anb Consumer'erbices Pesticide Certification Office Commercial Applicator Lic: se License# CM1448 MONTGOMERY, STEPHEN F Categories 12361 NW 29TH PL SA, 21, 2 SUNRISE, FL 33323 Issued: January 13, 202 Signatureof Lic ce January 31, 2025 fUi NICOLE "NIKKIk FLIED, COMMISSIONER The abov: ndividual is licensed under the provisions of Chapte 87, F.S. to purchase and apply restricted use pest" •es. SUBSTITUTED City of Miami Invitation for Bid (IFB) Procurement De• , rtment Miami Ri side Center 444 SW 2^' venue, 6th Floor ami, Florida 33130 Web Site Address: www.- iami.ov.com/.rocurement IFB Number: 1704386 Title: Issue Date/Time: Invitation for ' d for Canal Cleaning Se ices June 22, 123 IFB Closing Date/Time: July 0, 2023 @ 4:OOPM Pre-Bid/Pre-Proposal Conference: V , untary Pre-Bid/Pre-Proposal Date/Time: une 27, 2023 @ 11:30AM Pre-Bid/Pre-Proposal Location: VIRTUAL Deadline for Request for Clarifica ' d n. July 3, 2023 @ 2:OOPM Contracting Officer: TAHLIA GRAY Hard Copy Submittal Loca ' . : NO HARDCOPIES SUBMITTALS ALLOWED Contracting Officer E-M, Address: TGRAY@MIAMIGOV.COM Contracting Officer F . simile: 305-400-5019 I SUBSTITUTED 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 pri We (I) certify that we have read your solicitation, completed the necessary documents, and pro e 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 princip owners or personnel have been convicted of any of the violations or debarred or suspended as set in - ction 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (r- ' r to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this sub that this submission is made without prior understanding, agre firm, or person submitting a submission for the same materi all respects fair and without collusion or fraud. We (I) a solicitation and certify that I am authorized to sign th following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): ssion is true; and we (I) further certify ent, or connection with any corporation, s, supplies, equipment, or service, and is in e to abide by all terms and conditions of this submission for the submitter. Please print the SIGNED BY: TITLE: DATE: FAIL ► TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RE . ONSE. Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Federal Employee Identification Number (FEIN): SUBSTITUTED Will Subcontractor(s) be used? (Yes or No) If ye omplete Attachment D - Subcontractors and submit with your bid response. Please list and acknowledge all addend /addenda received. List the addendum/addenda number and date of receipt (i.e., Addendum No. 1 /10/20). If no addendum/addenda was/were issued, please insert N/A. If Bidder has a Local Offic , as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Bidder filled out, not ized, and included with its bid response the "City of Miami Local Office Certification" form? YOR NO? (The City of Miami Local Office Certification form is attached to this solicitation as • . chment G - Local Office Certification.) IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION ST MENT AND CERTIFICATIONS SECTION WILL RENDER YOUR BID NON-RESP ' SIVE. • FAILURE TO COMPLETE AND UPLOAD ANY REQUIRED DOC ENTS WILL RENDER YOUR SUBMISSION AS NON -RESPONSIVE • IF ANY DOCUMENT IS TOO LARGE FOR UPLOADING, SP INTO MULTIPLE FILES, NAME THE FILES APPROPRIATE PERISCOPE. THE DOCUMENT AND UPLOAD INTO • CONTACT PERISCOPE VENDOR SUPPORT TOLL-F' ' NUMBER 800-990-9339, OR EMAIL S2G-SUPPORT s PERISCOPEHOLDINGS.CO ' . FOR PERISCOPE TECHNICAL DIFFICULTIES AND PROBLEMS. SUBSTITUTED General Terms and Conditions 1.0 GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) - References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-7 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 o he City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ .ervices with an estimated aggregate cost of $25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, equest for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of ► iami (City) Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall b: I efined in the same manner herein. 1.1 ACCEPTANCE OF GOODS - Any good(s) delivered under this Fo al Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual us _e of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the term erein and be fully in accordance with specifications and of the highest quality. In the event the goods su p . ied to the City are found to be defective or do not conform to specifications, the City reserves the right t• cancel the order upon written notice to the Successful Bidder(s)/Contractor and return the product to the S cessful Bidder(s)/Contractor at the Successful Bidder(s)/Contractor's expense. 1.2 ACCEPTANCE OF OFFER - The signed or e ctronic submission of a Bidder's response shall be considered an offer on the part of the Bidder; such o " r shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3 ACCEPTANCE/REJECTION - The C reserves the right to accept, reject any or all, or portion of responses after opening/closing date, and r,,uest re -issuance on the goods/services described in the Formal Solicitation. In the event of a rejection, the d irector of Procurement shall notify all affected Bidders and provide a written explanation for such rejectio e City also reserves the right to reject the Response of any Bidder which has previously failed to prope perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar na . e, and which is not capable to perform the requirements defined in this Formal Solicitation. The forego ' : is not an all-inclusive list of reasons for which a response may be rejected. The City further reserves the ht to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at it ole discretion, re -issue the Formal Solicitation. 1.4 ADDENDA - It s the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries r •m prospective Bidders will be provided in the form of an Addendum. Addenda are available on the P: scope Procurement Solutions Platform ("Periscope") only. 1.5 ALTE by the City TE RESPONSES -Alternate responses will not be considered, unless specifically requested 1.6 A . GNMENT - Successful Bidder(s)/Contractor agrees not to subcontract, assign, transfer, convey, SUBSTITUTED sublet, pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or interest herein, without the City's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees thro including, appellate litigation and any post judgment proceedings. /or and 1.8 AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder(s)/Contra or agrees to provide access at all reasonable times to the City, or to any of its duly authorized representativ , to any books, documents, papers, and records of Successful Bidder(s)/Contractor which are directly pert •nt to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptio The Successful Bidder(s)/Contractor shall maintain and retain any and all of the books, documen ., papers, and records pertinent to the resulting Contract for three (3) years after the City makes final pay nt and all other pending matters are closed. Successful Bidder(s)'s/Contractor's failure to, or refusal to com - y with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit Ri_ - s set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being inco • .rated by reference herein. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any go rnmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of th. Contract and purchase any, and all goods/services, specified herein from the Successful Bidder(s)/Con P . ctor at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, . d regulations. Additionally, any governmental entity outside of the State of Fl ' da but, within the Continental United States of America, may avail itself to this Contract and purchase any . nd all goods/services, specified herein from the Successful Bidder(s)/Contractor at the Contract price(s) est. fished herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -govern tal entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, ace its own orders, issue its own purchase orders, be invoiced there from and make its own paymen , determine shipping terms and issue its own exemption certificates as required by the Successful Bidde )/Contractor. 1.10 AWARD OF CONTRACT - A. The Formal Solicitation, any ddenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contrac , less modified in accordance with any ensuing Contract, or amendment. B. The award of a Contra , where there are Tie Bids, the tie breaker will be decided by the Director of Procurement or deli ee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, P erence to Businesses with Drug -Free Workplace Programs. C. The award of is Contract may be preconditioned on the subsequent submission of other documents as specified the Special Conditions or Specifications/Scope of Work. Bidder may be found non- responsiv, if such documents are not submitted in a timely manner and in the form required by the City. / ere Bidder is found non -responsive, the City, through action taken by the Department of Proc -ment, will void its acceptance of the Bidder's Response and may accept the Response from the ne lowest responsive, responsible Bidder most advantageous to the City or may re -solicit for the ods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its id bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs SUBSTITUTED sustained as a result of the Bidder's failure to satisfy the City's requirements. D. The term of the Contract shall be specified in one of three documents which shall be issued is e Successful Bidder(s). These documents may either be, a Purchase Order, Notice of Award, d/or Contract Award Sheet. E. The City reserves the right to automatically extend this Contract for up to one hundre s ighty (180) calendar days beyond the stated Contract term, in order to provide City departments , ith continual service and supplies while a new Contract is being solicited, evaluated, and/or aware • . If the right to extend is exercised, the City shall notify the Successful Bidder(s)/Contractor, in ' •ting, of its intent to extend the Contract in accordance with the existing terms and conditions for specified number of days. Additional extensions beyond the first one hundred eighty (180) day ex lion may occur, if, the City and the Successful Bidder(s)/Contractor are in mutual agreement of s extensions. F. Where the Contract involves a single shipment of goods to the City, t 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-ord• , lump sum, individual -item basis, or such method of award in the best interest of the City, unless erwise specified. H. A Contract may be awarded to the Successful Bidder(s ontractor by the City Commission based upon the minimum qualification requirements reflecte s erein. 1.11 BID BOND/ BID SECURITY - A cashier's or cert ed check issued by a bank authorized to transact banking business in Florida, or a Bid Bond/Bid Securi., signed by a surety company that is licensed to do business in the State of Florida, payable to the City of iami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special C ' ditions. This check or bond guarantees that a Bidder will accept the Contract, as bid, if it is awarded to Bi . . er. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder fails to a •pt the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are ed to unSuccessful Bidder(s)s within ten (10) days after the award and Successful Bidder(s)'s accepta ' of award. If one hundred eighty (180) days have passed after the date of the Formal Solicitation closing d , and no Contract has been awarded, all bid deposits will be returned on demand. 1.12 BID SECURITY FORFEI ' D LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bo • . , when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture e . the Bid Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigaf .n of damages sustained which cannot be determined at the time of award. Award may then be made to the ext lowest responsive and responsible Bidder, or all Bid responses may be rejected. 1.13 BID RESPO FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted ac , dingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly perm , ed in the solicitation. 1.14 BRA manufac type, NAMES - If, and wherever in the specifications, brand names, makes, models, names of any ers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the ction, minimum standard of design, efficiency, grade, or quality of goods only. When the City does SUBSTITUTED not desire to rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive or exclusive. The Bidder shall provide any equipm that meets or exceeds the applicable specifications, including without limitation the following: Equal in e -ry important attribute, to include industry quality measurable standard, quality of product, accessib of distribution, durability/reliability/dependability and warranty coverage, and the delivery schedule. When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete set• of necessary data (e.g., factory information sheets, specifications, brochures, etc.) in order for the City evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, inc • ing appropriate catalog materials, literature, specifications, test data, etc. The City shall be the sole jud_, of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the co ence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified -vidence in the form of samples may be requested, if the proposed brand is other than specified by the Ci - -. Such samples are to be furnished after Formal Solicitation opening/closing, upon request of the City. If ..mples are requested by the City, such samples must be received by the City no later than seven (7) calen• days after a formal request is made. When "NO SUBSTITUTION" is used in conjunction with a manufac -r's name, brand name, and/or model number, that named item is the only item that will be accepted by th- ity in that particular instance. 1.15 CANCELLATION -The City reserves the right to opening/closing. In the event of cancellation, the Director of and provide a written explanation for the cancellation. - -re cancellation made in accordance with this Section. ncel this Formal Solicitation, before its curement shall notify all prospective Bidders shall be no recourse against the City for a 1.16 CAPITAL EXPENDITURES - Success Bidder(s)/Contractor understands that any capital expenditures that the Successful Bidder(s)/Contra •r makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a b .mess risk which the Successful Bidder(s)/Contractor must assume. The City will not be obligated to r- burse amortized or unamortized capital expenditures, or to maintain the approved status of any Succe . 1 Bidder(s)/Contractor. If Successful Bidder(s)/Contractor has been unable to recoup its capital expendi r. es during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FOR ' LAYS -It is further expressly agreed that in no event shall the City be liable for, or responsible to, the . idder, any subcontractor, or to any other person for, or on account of, any stoppages or delay in the wor erein provided for by injunction, or other legal or equitable proceedings, or on account of any delay for an ause over which the City has no control. 1.18 COLLUSION - : dder, by submitting a response, certifies that its response is made without previous understanding, agree ent, or connection either with any person, firm, or corporation submitting a Bid for the same goods/servic=., or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its ponse is fair, without control, collusion, fraud, or other illegal action. Bidder certifies that it is in complia with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations w , ere collusion may have occurred, and the City reserves the right to reject any and all Bids where collusion . ay have occurred. SUBSTITUTED 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder(s)/Contractor understands that contracts between private entities and local governments are subject to certain laws, code and regulations, including laws pertaining to public records, sunshine (open meetings), conflict of inte t, ethics records keeping, etc. City and Successful Bidder(s)/Contractor agree to comply with and obse r e all applicable laws, codes, regulations, and ordinances, and to secure all applicable public approval and/or consents, of any governmental agency and/or owner of intellectual property rights as that may in any i ay affect the goods or services offered, including, but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, because of race, creed, color, national origin, sex, or age with regard to, but following: employment practices, rate of pay or other compensation methods, B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity mes. a I icant, or client of limited to, the training selection. licitation. D. Environment Protection Agency (EPA), as applicable to this Fo 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 4 SH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), . . pplicable to this Formal Solicitation. I. City Procurement Ordinance, City Code Se on 18, Article III. J. Conflict of Interest, City Code Section 611;61. K. Cone of Silence, City Code Sectio • 8-74. L. The Florida Statutes Sections ; 8.70 to 218.79, the Prompt Payment Act. Lack of knowledge by the Suc responsibility. Non-compliance regulations, and laws may be ssful Bidder(s)/Contractor will in no way be a cause for relief from ith all applicable local, State, and Federal directives, orders, codes, rules, nsidered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordin ces may be obtained from the City Clerk's Office. 1.20 CONE OF SI NCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon eac ' ormal Solicitation once advertised and terminates at the time the City Manager issues a written recom dation to the Miami City Commission. The Cone of Silence shall be applicable only to Formal Solic .tions for the provision of goods and services for amounts greater than $200,000. The Cone of Silence pro' sits any communication regarding Formal Solicitations between, among others: otential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff SUBSTITUTED including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs. The provision does not apply to, among other communications: oral communications with the City Procur- ent staff, provided the communication is limited strictly to matters of process or procedure already conted in the Formal Solicitation document; the provisions of the Cone of Silence do not apply to oral comm 'cations at duly noticed site visits/inspections, pre -bid conferences, or public presentations made to the / iami City Commission during a duly noticed public meeting; or communications in writing or by email a y time with any City employee, official or member of the City Commission unless specifically prohibited - the applicable Formal Solicitation documents; or communications in connection with the collection of ins . stry comments or the performance of market research regarding a particular Formal Solicitation by City Pr- urement staff. Bidders must file a copy of any written communications with the Office of the City -rk, which shall be made available to any person upon request. The City shall respond in writing and file . copy with the City Clerk's Office, which shall be made available to any person upon request. Written com ' inications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law, violation of the Cone Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or c• sultant shall subject same to potential penalties pursuant to the City Code. Any person having personal kn, ledge of a violation of these provisions shall report such violation to the State Attorney and/or may file complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of e Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough descrip en of the Cone of Silence. You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov. .m, to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political idivision, the City of Miami is subject to the Florida Government in the Sunshine (public Meetin Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no apt cation when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - : s ders, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no el: ted/appointed official or employee of the City of Miami is financially interested, directly or indirectly, the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the ' dder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of an ity employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets ►, capital stock in Bidder's firm. A. Bidder furthe : grees not to use or attempt to use any knowledge, property, or resource which may be within his trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself - self, or others. Bidder may not disclose or use information not available to members of the genera •ublic and gained by reason of his/her position, except for information relating exclusively to gove mental practices, for his/her personal, or benefit, or for the personal gain, or benefit of any other pe .on, or business entity. idder hereby acknowledges that he/she has not contracted or transacted any business with the City or SUBSTITUTED any person, or agency acting for the City, and has not appeared in representation of any third pa before any board, Commission, or agency of the City within the past two years. Bidder further warr. s that he/she is not related, specifically the spouse, son, daughter, parent, brother, or sister, to: ( any member of the Commission; (ii) the Mayor; (iii) any City employee; or (iv) any member of . •oard or agency of the City. C. A violation of this section may subject the Bidder to immediate termination of any co ' act with the City, and imposition of the maximum fine and/or any penalties allowed by law. Additi • ally, violations may be considered by and subject to action by the Miami -Dade County Commissi • on Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Bidders warrant that there has been n• iolation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordere • : nd/or services provided as a result of this Formal Solicitation, and Bidders agree to hold the City harmle from any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY BIDDER - All expenses involved with the to the City, or any work performed in connection therewith shall be born 1.25 DEBARMENT AND SUSPENSIONS (SECTION 18-107) - A. Authority and requirement to debar/suspend. After Contractual Party, and after reasonable opportunity fo consultation with the Chief Procurement Officer debar a Contractual Party, for the causes listed be The debarment shall be for a period of not fewe the authority to suspend a Contractual Party probable cause for debarment, pending th contractors shall be exercised in accor Procurement Officer after approval by B. Causes for debarment/suspensi paration and submission of Bids the Bidder. asonable notice to an actual or prospective uch party to be heard, the City Manager, after the City Attorney, shall have the authority to w, from consideration for award of City Contracts. an three (3) years. The City Manager shall also have m consideration for award of City Contracts if there is ebarment determination. The authority to debar/suspend nce with regulations which shall be issued by the Chief e City Manager, the City Attorney, and the City Commission. Causes for debarment or suspension include the following: 1. Conviction for commissi of a criminal offense incident to obtaining or attempting to obtain a public or private Con • : ct or subcontract, or incident to the performance of such Contract or subcontract. 2. Conviction unde state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of cords, receiving stolen property, or any other offense indicating a lack of business integrity or - • siness honesty. 3. Convic •n under state or federal antitrust statutes arising out of the submission of Bids or Prop • . als. 4. olation of Contract provisions, which is regarded by the Chief Procurement Officer to be ndicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a SUBSTITUTED party shall not be considered a basis for debarment/suspension. 5. Debarment/suspension of the Contractual Party by any federal, state or other governmental e 6. False certification pursuant to paragraph C below. ty- 7. Found in violation of a zoning ordinance or any other city ordinance or regulation . d for which the violation remains noncompliant. 8. Found in violation of a zoning ordinance or any other city ordinance or regul, on 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 .mpelling as to affect the responsibility of the Contractual Party performing city Contracts. C. Certification. All Contracts for goods and services, sales, and 1.. ses by the city shall contain a certification that neither the Contractual Party nor any of its prin •al owners or personnel have been convicted of any of the violations set forth above or debarred ►. suspended as set forth in paragraph (b)(5). D. Debarment and suspension decisions. Subject to the p-.visions of paragraph (a), the City Manager shall render a written decision stating the reasons fo - he debarment or suspension. A copy of the decision shall be provided promptly to the Contrac . Party, along with a notice of said parry's right to seek judicial relief. 1.26 DEBARRED/SUSPENDED VENDORS - An Florida debarred or suspended vendor list may no services to a public entity; may not submit a Res or repair of a public building or public work; entity; may not be awarded or perform wo contract with any public entity; and may n 1.27 DEFAULT/FAILURE TO PE shall include any failure on the pa required documents, and/or to ful Upon default by the Successfu Successful Bidder(s)/Contra days (weekends and holid Successful Bidder(s)/Co Contract being termi intentions and the e A. Failure the ti an ntity or affiliate who has been placed on the State of ubmit a Response for a solicitation to provide goods or se to a solicitation with a public entity for the construction ay not submit response on leases of real property to a public as a contractor, supplier, subcontractor, or consultant under a transact business with any public entity. ORM -The City shall be the sole judge of nonperformance, which of the Successful Bidder(s)/Contractor to accept the award, to furnish 1 any portion of this Contract within the time stipulated. idder(s)/Contractor to meet any terms of a Contract, the City will notify the r of the default and will provide the Successful Bidder(s)/Contractor three (3) s excluded) upon notification, by the City, to remedy the default. Failure by the actor to correct the default within the required three (3) days, shall result in the ted upon the City notifying in writing the Successful Bidder(s)/Contractor of its ctive date of the termination. The following shall constitute default: perform the work or deliver the goods/services required under the Contract, and/or within e required, or failing to use the subcontractors, entities, and personnel as identified and set forth, o the degree specified in the Contract. ailure to begin the work under this Contract within the time specified. SUBSTITUTED 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 r ected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or olvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or ass _nment renders the Successful Bidder(s)/Contractor incapable of performing the work in accors , ce with, and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material resp All costs and charges incurred by the City as a result of a default, or a default i stated, together with the cost of completing the work, shall be deducted fro become due on this Contract to the Successful Bidder(s)/Contractor. ed beyond the time limits y monies due, or which may 1.28 DETERMINATION OF RESPONSIVENESS AND RESPON : ILITY - Each Bid will be reviewed to determine if it is responsive to the submission requirements outli in the Formal Solicitation. A. Responsive Bid is one which follows the requirem- s of the Formal Solicitation, includes all documentation, is submitted in the format outlined in , e Formal Solicitation, is of timely submission, and has appropriate signatures as required on ach document. Failure to comply with these requirements may deem a Bid non -responsive. B. Determination of Responsibility. A Resp and who has the capability, as determin perform the Contract requirements, of good faith and performance. sible Bidder shall mean a Bidder who has submitted a Bid under Section 18-95 of the City Code, in all respects to fully the integrity and reliability of which give reasonable assurance 1. Bids will only be consider, 4 from any person or firm who are regularly engaged in the business of providing the good(s)/ ice(s) required by the Formal Solicitation. Bidder must be able to demonstrate a satisf. ' ory record of performance and integrity, and have sufficient financial, material, equipme , facility, personnel resources, and expertise to meet all contractual requirements. 2. The City m consider any information available regarding the financial, technical, and other qualificati- s and abilities of a Bidder, including past performance (experience) with the City or any oth: governmental entity, in making the award. 3. Th: ity may require the Bidder(s) to provide documentation that they have been designated as an orized representative of a manufacturer or supplier which is the actual source of supply, if equired by the Formal Solicitation. SUBSTITUTED 1.29 DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Term and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted fr Successful Bidder(s)/Contractor during the term of the Contract. Such discounts shall remain in effect '.r a minimum of one hundred and eighty (180) days from approval by the City Commission. Any discounts ' fered by a manufacturer to Successful Bidder(s)/Contractor will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or o .sions in the Formal Solicitation, or Addenda (as applicable), should be reported in writing to the Ci Procurement Depaitinent. Should it be found necessary, a written Addendum will be incorporated in the .rmal Solicitation and will become part of the Purchase Order (Contract documents). The City will not b- esponsible for any oral instructions, clarifications, or other communications. A. Order of Precedence. Any inconsistency in this Formal Solicitation precedence to the following documents, the first of such list being the g 1. Addenda (if applicable) 2. Specifications 3. Special Conditions 4. General Terms and Conditions 1 be resolved by giving erning documents. 1.31 EMERGENCY/DISASTER PERFORMANCE -In the ev of a natural disaster or other emergency, or disaster situation, the Successful Bidder(s)/Contractor shall p vide the City with the commodities/services defined within the scope of this Formal Solicitation at the p e contained within Bidder's response. Further, Successful Bidder(s)/Contractor shall deliver/perform for e City on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT -The Bid Contrconsists of any amendments to the Bid Contract, the Formal Solicitation, including any addenda, Bidd- s Response and any written agreement entered into by the City of Miami and Successful Bidder(s)/Contr, or, and represents the entire understanding and agreement between the parties with respect to the eject matter hereof and supersedes all other negotiations, understanding, and representations, if any, , de by and between the parties. To the extent that the Bid Contract conflicts with, modifies, alters or change . ny of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, in ding any addenda, and then the Bid shall control. This Contract may be amended only in writing by the C through the City Manager. 1.33 ESTIMATED QUANTI only: (a) estimates are based (b) the City may use these include possible additio profit entities utilizing during the Contract award of the Con meeting specifi prices in this S - Estimated quantities or dollars are provided for the Bidder's guidance the City's anticipated needs and/or usage during a previous contract period and timates to determine the low Bidder. Estimated quantities do not contemplate or quantities that may be ordered by other government, quasi -government or non- s Contract. No guarantee is expressed or implied as to quantities that will be purchased nod. The City is not obligated to place an order for any given amount subsequent to the ct. Said estimates may be used by the City for purposes of determining the low Bidder ions. The City reserves the right to acquire additional quantities at the prices bid or at lower rmal Solicitation. 1.34 EV UATION OF RESPONSES — SUBSTITUTED A. Rejection of Bids. The City may reject a Bid for any of the following reasons: 1. Bidder fails to acknowledge receipt of addenda; 2. Bidder misstates or conceals any material fact in the Bid; 3. Bid does not conform to the requirements of the Formal Solicitation; 4. Bid requires a conditional award that conflicts with the method of award; 5. Bid does not include required samples, certificates, licenses; and, 6. Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City re -advertise for all or any portion of the Formal Solicitation, whenever it is deemed in th City. B. Elimination from Consideration. 1. A Bid Contract shall not be awarded to any person or firm which is i ' arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upo - any obligation to the City. 2. A Bid Contract may not be awarded to any person or firm whi has failed to perform under the terms and conditions of any previous contract with the City ► failed to deliver on time, under contracts of a similar nature. 3. A Bid contract may not be awarded to any person or fi ' who has been debarred by the City, in accordance with the City's Debarment and Suspension dinance (Section 18-107), or is currently debarred by the State of Florida or any political subd. sion, or is on the convicted vendor's list per Section 287.133, Florida Statutes. ay reject, and/or est interest of the 1.35 EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in t Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special C - ditions shall be cause for a Bid to be considered non- responsive. 1.36 FREIGHT ON BOARD (F.O.B) ► STINATION -Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by e Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included i he bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for reje on of Bid. 1.37 FIRM PRICES - The Biddh warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the : d Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the perio ' of performance, or resulting purchase orders, or Bid Contracts. 1.38 FLORIDA MINI 1 M WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Mi mum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24 employers shall pay employee wages no less than the minimum wage for all hours worked in Flo . a. Accordingly, it is the Successful Bidder(s)'s/Contractor's and their subcontractor's respo- ibility to understand and comply with this Florida minimum wage requirement and pay its em, oyees the current established hourly minimum wage rate. This minimum wage rate is subject to c, nge or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage arners and clerical workers, CPI-W, or a successor index as calculated by the United States SUBSTITUTED Deparinient of Labor. Each adjusted minimum wage rate calculated, shall be determined and publish by the Agency Workforce Innovation on September 30th of each year and take effect on the follo January 1st. g It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine w ther any of their employees may be impacted by this Florida Minimum Wage Law, at any given - •int in time during the term of the Bid Contract. If impacted, Bidder must provide, with its bid, em . •yee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this informa •n at the time of bid submittal constitute Successful Bidder(s)'s/Contractor's acknowledgement an' derstanding that the Florida Minimum Wage Law will not impact its prices throughout the to r of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves e right to request, and the Successful Bidder(s)/Contractor must provide for any, and all informon to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adop City Service Contracts with a total contract value exceeding $10 competitively solicited and awarded on, or after January 1, 2017 .y a Living Wage Ordinance for 00 annually, and that have been the City. "Service Contract" means a contract to provide services to e City, excluding, however, professional services as defined by the "Consultants Competitive Negation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other excl ons provided by Section 18-557 of the City Code. Section 18-557. If a solicitation requires services, effective employees, who provide services, a living wa or a wage of no less than $13.19 an hour, w o• anuary 1, 2017, Contractors must pay to all its of no less than $15.00 per hour without health benefits; health benefits. This language is only a summary of th-.. ey provisions of the City of Miami Living Wage Ordinance. Please review Section 18-557 of the ty Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND Formal Solicitation shall be gove mediation, or arbitration arisin any action or proceeding eac V UE - The validity and effect of any Bid Contract as a result of this ed by the laws of the State of Florida. The parties agree that any action, ut of the Bid Contract shall take place in Miami -Dade County, Florida. In arty shall bear their own respective attorney's fees. 1.40 HEADINGS AND ' ERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenien eference only and shall not in any manner be construed as modifying, amending, or affecting in any way e expressed terms and conditions hereof. 1.41 HEALTH SURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or enti that performs or assists the City of Miami with a function or activity involving the use or disclosure • "individually identifiable health information (IIHI), and/or Protected Health Information (PHI), shall co y with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami rivacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards, which incl e, 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 condi sns that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E. Making PHI available to the customer; F. Making PHI available to the customer for review and amendment; and inco .orating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disc . sures; and H. Making internal practices, books and records related to PHI .vailable to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and ethod of transmission (i.e., paper records, and/or electronic transfer of data). The Successful Bidder(s)/Co actor must give its customers written notice of its privacy information practices, including specifically, . escription of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION -Successful Bidder(s)/C►. tractor shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, it officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs ncluding, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessnes egligent act or omission, or intentional wrongful misconduct of Successful Bidder(s)/Contractor and perso s . employed or utilized by Successful Bidder(s)/Contractor in the performance of this Contract. The Success Bidder(s)/Contractor shall further, hold the City, its officials and employees, indemnify, save and hold h. less for, and defend (at its own cost), the City its officials and/or employees against any civil actions, st , tory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is all _ed that the City, its officials, and/or employees were negligent. In the event that any action or proceedi _ is brought against the City by reason of any such claim or demand, the Successful Bidder(s)/Contracto hall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfa .ry to the City. The Successful Bidder(s)/Contractor expressly understands and agrees that any insurance otection required by this Contract or otherwise provided by the Successful Bidder(s)/Contractor sha n no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, ployees, agents and instrumentalities as herein provided. The indemnificati . provided above shall obligate the Successful Bidder(s)/Contractor to defend, at its own expense, to and rough trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defe , at the City's option, any and all claims of liability and all suits and actions of every name and description ich may be brought against the City, whether performed by the Successful Bidder(s)/Contractor, or person • •mployed or utilized by the Successful Bidder(s)/Contractor. SUBSTITUTED 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 t limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder(s)/Contractor shall require all sub-consultant/contractor agreements to include a p' vision that each sub -contractor will indemnify the City in substantially the same language as this Se • on. The Successful Bidder(s)/Contractor agrees and recognizes that the City shall not be held liable or re .onsible for any claims which may result from any actions or omissions of the Successful Bidder(s)/Con tor in which the City participated either through review or concurrence of the Consultant's actions. In revi: , ing, approving or rejecting any submissions by the Successful Bidder(s)/Contractor or other acts .f the Successful Bidder(s)/Contractor, the City, in no way, assumes or shares any responsibility or liabi of the Successful Bidder(s)/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, d independent consideration for the granting of this Indemnification, the receipt and sufficiency of whir, is voluntarily and knowingly acknowledged by the Successful Bidder(s)/Contractor. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Bidder ust furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may specified elsewhere, each Bidder must submit for evaluation, cuts, sketches, descriptive literature, techn. ' .1 specifications, and Material Safety Data Sheets (MSDS) as required, covering the products offered. Re ence to literature submitted with a previous bid, or on file with the City, will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable es during the term of the Bid Contract, inspect Successful Bidder(s)'s/Contractor's facilities and perfo such tests, as the City deems reasonably necessary, to determine whether the goods and/or services requid to be provided by the Successful Bidder(s)/Contractor, under the Bid Contract conform to the term and conditions of the Formal Solicitation. Successful Bidder(s)/Contractor shall make available to t City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City r::resentatives. All tests and inspections shall be subject to, and made in accordance with, the provisions o the City of Miami Ordinance No. 12271 (Section 18-101) City Code, as same may be amended or supp ented, from time to time, which, in conjunction with Section 18- 102, providing for audits of City contr. ' ors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45 INSPECTION OF BID ' ds received by the City, pursuant to a Formal Solicitation, will not be made available until such time as the ity provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is e. er. Bid results will be tabulated and may be furnished upon request, via fax or e- mail, to the City's Proc -ment Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's bsite following a recommendation for award. 1.46 INSURAN - Within ten (10) days after receipt of Notice of Award, the Successful Bidder(s)/Contr. or, shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted ev ' -nce of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Co tions section titled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuanc of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the Successful Bidder(s)/Contractor shall be verbally notified of such deficiency and shall hay an additional five (5) calendar days to submit a corrected certificate to the City. If the Succes ' 1 Bidder(s)/Contractor fails to submit the required insurance documents in the manner prescribed in the F • al Solicitation within fifteen (15) calendar days after receipt of the Notice of Award, the Su. essful Bidder(s)/Contractor shall be in default of the contractual terms and conditions and will not be a ded the contract. Information regarding any insurance requirements shall be directed to the Risk Managem t Director, Depaitinent of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 30 416-1384. The Successful Bidder(s)/Contractor shall be responsible for ensuring that the insurance in conjunction with this Section remain in effect for the duration of the contractual renewals and extensions that may be exercised by the City. currents required iod; including any 1.47 INVOICES - Invoices submitted by Successful Bidder(s)/Contractor to the C shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, it price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Paymen ct). 1.48 LOCAL PREFERENCE -City Code Section 18-85, states, "whe ' a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or m • - responsive, responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fi ' - en percent (15%) of the price submitted by the non -local Bidder, then that non -local Bidder and each of e aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and fi bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contr. ' award shall be made to the lowest responsive, responsible Bidder submitting the lowest best and final bid the case of a tie in the best and final bid between a local Bidder and a non -local Bidder, contract award sh be made to the local Bidder." 1.49 MANUFACTURER'S CERTIFICATION e City reserves the right to request from Bidders a separate Manufacturer's Certification of all state r -nts made in the Bid. Failure to provide such certification may result in the rejection of the Bid, or to ation of the Bid Contract, for which the Bidder/Successful Bidder(s)/Contractor shall bear full liability. 1.50 MODIFICATIONS OR CHANG ' IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Fo Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon e City, unless made in writing by the City's Director of Procurement through the issuance of a chang- •rder, addendum to the Bid Contract, Purchase Order, or award sheet, as applicable, or via a written am-, . s ment by the City Manager. 1.51 MOST FAVORED ► ATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly ' tuated local government and, in this regard, grants the City a "most favored nations clause" meaning the C will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bid r(s)/Proposer grants now or in the future to a similarly situated local government. 1.52 NO PAR ' ERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed • create a partnership or joint venture between the City and Successful Bidder(s)/Contractor, or to create . ' other similar relationship between the parties. 1.53 I NCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with SUBSTITUTED specifications under the direction of the Florida Depailnient of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance wit specifications is public record, and open to examination thereto in accordance with Chapter 119, Flo Statutes. Items delivered, not conforming to specifications may be rejected, and returned at Succe .ful Bidder(s)'s/Contractor's expense. The non -conforming items not delivered in accordance with the sti ► • ated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder(s)/Contractor bein . ound in default, in which event, any and all re -procurement costs may be charged against the defaulted .uccessful Bidder(s)/Contractor. Any violation of the above stipulations may also result in t Successful Bidder(s)/Contractor being removed from the City's supplier's list. 1.54 NONDISCRIMINATION - Successful Bidder(s) shall not unlawfully discriminat, against any person in its operations and activities or in its use or expenditure of funds in fulfilling its . •ligations under this Agreement. Successful Bidder(s) shall affirmatively comply with all applicable pro sions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by Ci including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all appl able regulations, guidelines, and standards. In addition, Successful Bidder(s) shall take affirmative steps a ensure nondiscrimination in employment against disabled persons. Successful Bidder(s) affirms that it shall not discriminate as to race, age, igion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental . •.ability, political affiliation, or any other factor which cannot be lawfully used in connection with its p ormance under the Formal Solicitation. Furthermore, Successful Bidder(s) affirms that no otherwise qua ied individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orien ion, national origin, marital status, physical or mental disability, political affiliation, or any other factor w cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected t', discrimination under any program or activity. In connection with the conduct of its business, including r formance of services and employment of personnel, Successful Bidder(s) shall not discriminate against . ; person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national on , marital status, physical or mental disability, political affiliation, or any other factor which cannot be . wfully used. All persons having appropriate qualifications shall be afforded equal opportunity for emplo ent. 1.55 NON-EXCLUSIVE CONTRACT/ ' IGGYBACK PROVISION - At such times as may serve in the City's best interest, the City reserves t right to advertise for, receive, and award additional contracts for the goods and/or services described here , and to make use of other competitively bid (governmental) contracts, agreements, or other similar source ' , for the purchase of the goods and/or services described herein, as may be available in accordance with the •plicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and und= tood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Con ' . ctor(s) to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation In addition, any are solicited un conditions an the best inte • st a all goods, and/or services required by the City in conjunction with construction projects r a distinctly different solicitation process and shall not be purchased under the terms, wards rendered under the Formal Solicitation, unless such purchases are determined to be in of the City. 1.56 ' TICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or SUBSTITUTED technicalities that deviate from the minimum qualifications and submission requirements of Request fo Qualifications (RFQ), Request for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitat to quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall resul a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19 APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and tenicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNI LITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUI' ENTS OF THIS IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will of give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission quirements of this IFB. Proposer understands that non -responsive Bids will not be evaluated. 1.57 OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT - Any • rson, firm, corporation, or joint venture, with a business location within the City's municipal boundarie . d is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt require • nts in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside . f the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt re, irements. A copy of the Occupational License/Business Tax Receipt must be submitted with the Bid; • .wever, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupa.nal License/Business Tax Receipt to the City during the evaluation period, but prior to award. A Certifi e of Use ("CU") will be required if applicable under City regulations. 1.58 ONE PROPOSAL - Only one (1) Bid from an i vidual, firm, partnership, corporation, or joint venture will be considered in response to the Formal Soliciton, unless otherwise stipulated in the Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It , understood by and between the parties, that any documents, records, files, or any other matter w soever, which is given by the City to the Successful Bidder(s)/Contractor, pursuant to the Fo • . Solicitation shall at all times remain the property of the City and shall not be used by the Successful Bidd• s)/Contractor for any other purposes whatsoever, without the written consent of the City. 1.60 PARTIAL INVALIDITY - any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any e nt be held invalid, then the remainder of the Bid Contract or, the application of such provision to persons a circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provisio • of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61 PERFORMA E/PAYMENT BOND - A Successful Bidder(s)/Contractor may be required to furnish a Performance/P. ent Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percen 100%) of the Bid Contract price. Any bond furnished will comply with Florida Law and be in a form acc, .table to the City of Miami Risk Management Director. 1.62 P ARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawi s, and all special and general conditions. All bid amounts, if required, shall be either typewritten, or SUBSTITUTED manually entered into the space provided, with ink. Failure to do so will be at the Bidder's risk. A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall gn the Bid, and print type or manually enter the name of the Bidder, the Bidder's address and tel , lone number, on the face page and on each continuation sheet thereof, on which the Bidder makes entry, where required. B. If so required, the unit price for each unit offered, shall be shown, and such pri shall include packaging, handling, and shipping, and F.O.B. Miami delivery inside City premises less otherwise specified. Bidder shall include in their Bid all taxes, insurance, social sec (if applicable), workmen's compensation, and any other benefits normally paid by the Bidd• to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each ite - Based upon estimated quantity, an extended price shall be entered in the "Extended Price" colu for each item offered. In case of a discrepancy between the unit price and extended price, the unit .rice will prevail. C. The Bidder must state a definite time, if required, in calendar d. ; , for delivery of goods and/or services. D. The Bidder should retain a copy of all response documents fe future reference. E. All Bids, as described, must be fully completed, and typ• . , or printed in ink and must be signed in ink with the Bidder's name, and by an officer or employee : ving authority to represent the Bidder by their signature. Bids having any erasures or corrections, . st be initialed in ink by person signing the Bid or the Bid may be rejected. F. Bids shall remain valid for at least 180 da .. Upon award of a Bid Contract, the content of the Successful Bidder(s)'s/Contractor's Bid, be included as part of the Bid Contract, at the City's discretion. G. The City 's Bid Forms shall be use s hen Bidder is submitting its Bid. Use of any other forms, will result in the rejection of the Bid. 1.63 PRICE ADJUSTMENTS reason of market change, or on passed on to the City. y price decrease effectuated during the Bid Contract period, either by part of the Successful Bidder(s)/Contractor to other customers shall be 1.64 PRODUCT SUBST UTES - In the event a particular awarded and approved manufacturer's product becomes unavailable d ng the term of the Bid Contract, the Successful Bidder(s)/Contractor awarded that item may arrange wi the City's authorized representative(s) to supply a substitute product at the awarded price or lower, prov ed that a sample is approved in advance of delivery, and that the new product meets or exceeds all quali requirements. 1.65 CONF . CT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Successfu . idder(s)/Contractor represents and warrants to the City, that it has not employed, or retained any person, - company employed by the City to solicit or secure the Bid Contract and that the Successful Bidde - )/Contractor has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, SUBSTITUTED brokerage fee, or gift of any kind contingent upon, or in connection with, the award of the Bid Contract. 1.66 PROMPT PAYMENT - Bidders may offer a cash discount for prompt payment; however, disc shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Se citation. If no prompt payment discount is being offered, the Bidder must enter zero (0) for the percentag • iscount to indicate no discount. If the Bidder fails to enter a percentage, it is understood and agreed that e terms shall be two percent (2%), 20 days, effective after receipt of invoice or final acceptance by the C , whichever is later. When the City is entitled to a cash discount, the period of computation will commence , the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in pa ent is necessary due to damage, the cash discount period shall commence on the date final approval for .ayment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence . a cash discount, the City is entitled to a cash discount with the period commencing on the date it is de ' ined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will accepted from Successful Bidder(s) during the term of the contract. The City will comply with the Florid rompt Payment Act, as applicable. 1.67 PROPERTY - Property owned by the City is the responsi . ity of the City. Such property furnished to a Successful Bidder(s)/Contractor for repair, modification, stu, , etc., shall remain the property of the City. Damages to such property occurring while in the possessie of the Successful Bidder(s)/Contractor shall be the responsibility of the Successful Bidder(s)/Contractor amages occurring to such property while in route to the City, shall be the responsibility of the Successful ' idder(s)/Contractor. In the event that such property is destroyed, or declared a total loss, the Successful Bid ► r(s)/Contractor shall be responsible for the replacement value of the property, at the current market value, s depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as ► erwise expressly provided in the resultant Bid Contract, all covenants, conditions and provisions of the ultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their resp' Live heirs, legal representatives, successors, and assigns. 1.69 PUBLIC ENTITY CRIMES - person or affiliate who has been placed on the convicted vendor list, following a conviction for a public tity crime may not: A. Submit a Bid to provi s any goods or services to a public entity. B. Submit a Bid on . ontract with a public entity for the construction or repair of a public building or public work. C. Submit res nses on leases of real property to a public entity. D. Be awded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with y public entity. E. ansact 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 SUBSTITUTED list. 1.70 PUBLIC RECORDS - Successful Bidder(s)/Contractor understands that the public shall have acce , at all reasonable times, to all documents and information pertaining to City contracts, subject to the provi •ns of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access b e City and the public, to all documents subject to disclosure under applicable law. Successful Bidder(s ontractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Co' acts; public records". Successful Bidder(s)/Contractor shall additionally comply with Section 119.0701, Flori Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would .e required by the City to perform this service. B. Provide the public with access to public records on the same terms . d conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwi provided by law. C. Ensure that public records that are exempt or confidential an • xempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and ansfer, at no cost, to the City all public records in its possession upon termination of this Agreeme and destroy any duplicate public records that are exempt or confidential and exempt from disclos requirements. E. All electronically stored public records mus .e provided to the City in a format compatible with the City's information technology systems. IF HE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 9, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC REC • ' P S RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC ' ' ORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIG • 1 .COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 4 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY AL i CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT O IS ADMINISTERING THIS CONTRACT. Successful Bidder(s)/Contract s failure or refusal to comply with the provision of this Section shall result in the immediate cancellation • the Bid Contract by the City. 1.71 QUALITY OF manufacturing, or co items bid shall be unless as otherw G : ODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the ction of supplies, or materials, covered by the Formal Solicitation shall be new. The the latest make or model, of the best quality, and of the highest grade of workmanship, specified in the Formal Solicitation. 1.72 QUAL OF WORK/SERVICES - The work/services performed shall be of the highest quality and workman . p. Materials furnished to complete the service shall be new and of the highest quality, except as otherwi specified in the Formal Solicitation. SUBSTITUTED 1.73 REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it determined that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicita •n or proposed bid award shall be cancelled and all bids rejected by the City Commission, the City Manar, or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A. Authority to resolve Contract disputes. The City Manager, after obtaining the app .val of the City Attorney, shall have the authority to resolve disputes between the Successful Bidd . s)/Contractor and the City which arise under, or by virtue of, a Contract between them; provided in cases involving an amount greater than $25,000, the City Commission must approve the City nager's decision. Such authority extends, without limitation, to disputes based upon breac ' of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoke, •y a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutu promptly render a written report stating the reasons for the acti the City Manager, which shall be final and conclusive. A co provided to the protesting party, along with a notice of such p that the protesting party shall not be entitled to such judi• al procedure set forth in this Section. consent, the City Manager shall taken by the City Commission, or of the decision shall be immediately 's right to seek judicial relief, provided relief without first having followed the 1.75 RESOLUTION OF PROTESTED SOLICITATI ► S AND AWARDS (SECTION 18-104): Right to protest. The following procedures shall be used for resol on of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, t estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administra e policies and procedures of purchasing. A. Protest of solicitation. 1. Any prospective propose who perceives itself aggrieved in connection with the solicitation of a contract may protest t• he chief procurement officer. A written notice of intent to file a protest shall be filed with t chief procurement officer within three days after the request for proposals, request for qualifi•:bons or request for letters of interest is published in a newspaper of general circulation. A ice of intent to file a protest is considered filed when received by the chief procurement • icer; or 2. Any pros ctive bidder who intends to contest bid specifications or a bid solicitation may protest to the of procurement officer. A written notice of intent to file a protest shall be filed with the chief rocurement officer within three days after the bid solicitation is published in a newspaper of ; neral circulation. A notice of intent to file a protest is considered filed when received by the ief procurement officer. otest of award. SUBSTITUTED 1. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a prote shall be filed with the chief procurement officer within two days after receipt by the propos-. of the notice of the city manager's recommendation for award of contract. The receipt by prop• .er of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. ma , return receipt requested. A notice of intent to file a protest is considered filed when received b the chief procurement officer; or 2. Any actual responsive and responsible bidder whose bid is lower than that bidder may protest to the chief procurement officer. A written notice of inte be filed with the chief procurement officer within two days after receipt b of the city's determination of non -responsiveness or non-responsibili such notice shall be confirmed by the city by facsimile or electro receipt requested. A notice of intent to file a protest is considered procurement officer. 3. A written protest based on any of the foregoing must be within five days after the date the notice of protest was when received by the chief procurement officer. o' he recommended to file a protest shall e bidder of the notice e receipt by bidder of mail or U.S. mail, return d when received by the chief s itted to the chief procurement officer ed. A written protest is considered filed The written protest may not challenge the relative weight oft evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the solicitation or the award is based and shall incl accompanied by the required filing fee as provide written protest and no facts, grounds, docume to the chief procurement officer at the time written protest. pecific facts and law upon which the protest of the e all pertinent documents and evidence and shall be m subsection (f). This shall form the basis for review of the Lion, or evidence not contained in the protester's submission filing the protest shall be permitted in the consideration of the No time will be added to the above mits for service by mail. In computing any period of time prescribed or allowed by this section, the day o e act, event or default from which the designated period of time begins to run shall not be included. The . st day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in ich event the period shall run until the end of the next day, which is neither a Saturday, Sunday nor leg.. oliday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the t , e for filing. Authority to resolv rotests; hearing officer(s). Hearing office appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre-approvby the city commission, to resolve protests filed in accordance with this section, no later than five wor ng days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolv any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. A. Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, seon 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of to , years with a preference given to a lawyer who has served as an appellate or trial court judge. earing officer may be appointed from alternative sources (e.g., expert consulting agreements .iggyback contracts, etc.) where the city commission adopts a recommendation of the city atto . -y that such action is necessary to achieve fairness in the proceedings. The engagement of he ng officers is excluded from the procurement ordinance as legal services. The hearing officers ap einted in the pre - qualified group should be scheduled to hear protests on a rotational basis. B. Right of protest. Any actual bidder or proposer who has standing under ' orida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicita en or the protest of an award as set forth above in this section may request a protest hearing. Suc a written request for a protest hearing must be initiated with a notice of intent to protest followed an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actua .rotest must each be timely received by the chief procurement officer and must comply with all r-, . irements set forth in subsection 18- 104(a). Failure to submit the required notice of intent to otest and the actual protest within the specified timeframes will result in an administrative dism -.al of the protest. C. Hearing date. Within 30 days of receipt of the noti of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at w time the person protesting shall be given the opportunity to demonstrate why the decision of t . city relative to the solicitation or the award, which may include a recommendation for award by - city manager to the city commission, as applicable, should be overturned. The party recommens for award, if it is a protest of award, shall have a right to intervene and be heard. Hearing procedure. The procedure for any such hearing cond ted under this article shall be as follows: A. The city shall cause to be se ed by certified mail a notice of hearing stating the time, date, and place of the hearing. The notic •f hearing shall be sent by certified mail, return receipt requested, to the mailing address of the p .tester. B. The party, any inte - enor, and the city shall each have the right to be represented by counsel, to call and examine wi ' - sses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matte -lated to the protest even though the matter was not covered in the direct examination, and to impe. ' any witness regardless of which party first called him/her to testify. The hearing officer may exte the deadline for completion of the protest hearing for good cause shown, but such an extensi .. shall not exceed an additional five business days. The hearing officer shall consider the writte ' protest and supporting documents and evidence appended thereto, supporting documents or evi . nce from any intervenor, and the decision or recommendation as to the solicitation or award being p tested, as applicable. The protesting party, and any intervenor, must file all pertinent documents upporting his/her protest or motion to intervene at least five business days before the hearing, as SUBSTITUTED applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the heari officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one d C. The hearing officer shall consider the evidence presented at the hearing. In any hearing b- ore the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall bexcluded. All other evidence of a type commonly relied upon by reasonably prudent persons in , conduct of their affairs shall be admissible whether or not such evidence would be admissible in t %.1 in the courts of Florida. The hearing officer may also require written summaries, proffers, of avits, and other documents the hearing officer determines to be necessary to conclude the heand issue a final order within the time limits set forth by this section. D. The hearing officer shall determine whether procedural due process has , en afforded, whether the essential requirements of law have been observed, and whether the deci •n was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a wh' e. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequ. - to support a conclusion. E. Within ten days from the date of the hearing, the hearing office - hall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procur' ent Officer, and the person requesting said hearing a final order consisting of his/her findings of . ct and conclusions of law as to the denial or granting of the protest, as applicable. F. The decisions of the hearing officer are final in to of city decisions relative to the protest. Any appeal from the decision of the hearing officer sha •e in accordance with the Florida Rules of Appellate Procedure. Compliance with filing requirements. Failure of a party to timely file either the n• ce of intent to file a protest or the written protest, together with the required filing fee as provided in subse ' ion (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be enti d to seek judicial relief without first having followed the procedure set forth in this section. Stay of procurements during r otests. Upon receipt of a written otest filed pursuant to the requirements of this section, the city shall not proceed further with the solicit ion or with the award of the contract until the protest is resolved by the chief procurement officer o e city commission as provided in subsection (b) above, unless the city manager makes a written determinon that the solicitation process or the contract award must be continued without delay in order to avoid an mediate and serious danger to the public health, safety or welfare. Costs. All cost ccruing from a protest shall be assumed by the protestor. Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check p able to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $ 1 00.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged ainst the protestor in any administrative or court proceeding. If a protest is upheld by the chief procur ent officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less an costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. 12271, § 2, 8-22- 02; Ord. No. 13629, § 2, 9-8-16) 1.76 SAMPLES - Samples of items, when required, must be submitted within the f e specified at no expense to the City. If not destroyed by testing, Bidder(s) will be notified by the City to re e such samples, at Bidder's expense, within 30 days after notification. Failure to remove the samples will r' .ult in such samples becoming the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING ' : ' ONSIBILITIES - Successful Bidder(s)/Contractor shall not sell, assign, transfer, or subcontract at . y time during the term of the Contract, the Contract itself, or any portion thereof, or any part of its operatio - , or assign, sell, pledge, dispose, convey, or encumber any portion of the performance required by this : Contract, except under, and by virtue of written permission granted by the City through the proper offi .ls, which may be withheld or conditioned, in the City's sole discretion. 1.78 SERVICE AND WARRANTY - When specifi- ., the Bidder shall define all warranty, service, and replacements that will be provided. Bidders must e ain on the Bid to what extent warranty and service facilities are available. A copy of the manufacturer' ' arranty, if applicable, should be submitted with Bidder's response. 1.79 SILENCE OF SPECIFICATIONS e apparent silence of the scope of work/specifications, and any supplemental scope of work/specificatio . s to any detail or the omission from it, of detailed description concerning any point, shall be regarded meaning that only the best commercial practices are to prevail, and that only materials of first quality and •.rrect type, size, and design shall be used. All workmanship and services shall be first quality. All interpretations of the scope . work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with State of Florida, Department of General Services, to supply the items in the Formal Solicitation, the Bi er shall quote not more than the contract price; failure to comply with this request will result in disqualificon of the Bid. 1.80 SUBMISSIO► AND RECEIPT OF BIDS - Bids may be submitted electronically via Periscope at or before, the specif d closing date and time, as designated in the Formal Solicitation. NO EXCEPTIONS. A. Facs ile responses will not be considered. ilure to follow these procedures may deem your Bid non -responsive. SUBSTITUTED C. The responsibility for obtaining and submitting a Bid on or before the Bid closing date is solely and strictly the responsibility of Bidder. The City is not responsible for delays specifically caused by any occurrence. Bids received after the Bid closing date and time, will be considered late, will rem unopened and will not be considered for award. D. Late, misdelivered, or incorrectly addressed responses will be rejected. E. All Bids are subject to the conditions specified herein. Bids that do not comply with the conditions may be deemed non -responsive. F. Modifications/changes of Bids already submitted will be considered only if rec• ed before the Bid closing date and time. All modifications/changes shall be submitted via Pen ope. Once a Formal Solicitation closes (closed date and/or time expires), the City will not sider any subsequent modifications/changes which alters the Bids. 1.81 TAXES - The City is exempt from any taxes imposed by the State and/o ederal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders sh • . d be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid " ontract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as a s nded, and all amendments thereto, and shall be paid solely by the Bidder. 1.82 TERMINATION - The City Manager, on behalf of t City, reserves the right to terminate the Bid Contract by written notice to the Successful Bidder(s)/Contror effective as of the date specified in the notice, should any of the following apply: A. The Successful Bidder(s)/Contractor is dete conditions of the Bid Contract. ned by the City, to be in breach of any of the terms and B. The City has determined that such to • nation will be in the best interest of the City, to terminate the Bid Contract for its own convenien C. Funds are not available to cove e cost of the contracted goods and/or services. The City's obligation is contingent upon the availa ity of appropriate funds. 1.83 TERMS OF PAYMENT - . ayment will be made by the City after the goods and/or services have been received, inspected, and fouro comply with award specifications, free of damage, or defect, and properly invoiced. Payment will be ade after delivery, within forty-five (45) days of receipt of an invoice, and authorized inspection and . cceptance of the goods/services, and pursuant to Section 218.74, Florida Statutes, and other applicable la 1.84 TIMELY D IVERY - Time will be of the essence for any orders placed as a result of the Formal Solicitation. The ' ity reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made wi in the time(s) specified in the Bid. Deliveries shall be made during regular City business hours, unless othe se specified in the Special Conditions. 1.85 T E - Title to the goods shall not pass to the City until after the City has inspected and accepted the SUBSTITUTED goods or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be - . de for "trade secrets." If the Bid contains information that constitutes a "trade secret", all material that q . ifies for exemption from Chapter 119, must be submitted in a separate envelope, clearly identified as " RADE SECRETS EXCEPTION," with Bidder's name, the Formal Solicitation number, and title m. -d on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challen_, in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidde . grees to indemnify and hold harmless the City for any award to a plaintiff for damages, costs, or attorney' ees and for costs and attorney's fees, incurred by the City, by reason of any legal action challenging Bidde claim. 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS Neither the Successful Bidder(s)/Contractor nor any of their employees shall perform any work, or de er any goods, unless a change order or purchase order is issued and received by the Successful Bid. r(s)/Contractor. The Successful Bidder(s)/Contractor will not be paid for any work performed, or goods . , ivered outside the scope of the Bid Contract, or any work performed by Successful Bidder(s)'s/Contractor' mployee(s) not otherwise previously authorized. 1.88 USE OF NAME - The City is not engaged in research for . ertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity aterials containing information obtained from the Formal Solicitation shall be mentioned, or imply the ame of the City, without prior express written permission from the City Manager, or the City Commissi 1.89 VARIATIONS OF SPECIFICATIONS - For , .oses of the Formal Solicitation evaluation, Bidder(s) must indicate any variances from the Formal Solitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated o ► heir Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of worlds - cifications. SUBSTITUTED 2. Special Conditions SPECIAL CONDITIONS APPLICABLE TO ALL PROJECTS 2.1 PURPOSE The purpose of this Solicitation is to establish a contract for canal cleaning services, as specified he in, from a source(s), fully compliant with the terms, conditions, and stipulations of the Solicitation. 2.2 PRE -BID CONFERENCE A voluntary pre -bid conference will be held on June 27, 2023 at 11:30 AM, via Team .y clicking THIS LINK or via phone (786) 598-2961; Conference ID: 648832272#. A discussion of the equirements of the Solicitation will occur at that time. All questions and answers affecting the scope of work/specifications of the will be included in an addendum, that will be distributed through Periscope, following the Pre -Bid ference to all the attendees. Because the City considers the Pre -Bid Conference to be critical to understan s " g the Solicitation requirements, attendance is highly recommended. It is the Bidder's responsibility, prior to submitting a bid, to acquaint t all conditions and/or requirements that may in any manner affect the be made because of lack of knowledge of these conditions. selves thoroughly regarding any and ork to be performed. No allowances will 2.3 DEADLINE FOR RECEIPT OF REQUEST F ' ADDITIONAL INFORMATION AND CLARIFICATION Any questions or clarifications concerning this solici ►n shall be submitted via the Periscope Electronic Bidding System ("Periscope"), with a copy files with the Office of the City Clerk via email at Clerks@miamigov.com, pursuant to Section 1.20. me of Silence. The solicitation title and number shall be referenced on all correspondence. All questions st be received no later than July 3, 2023, at 2:00 PM. All responses to questions will be sent to all prosp, tive bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AF ' R SAID DEADLINE. 2.4 SUBMISSION AND RECEIPT 0 ' SPONSE Electronic bid submittals to this IFB . all be submitted through the Periscope Electronic Bidding System ("Periscope") until the date and ti as indicated in the Solicitation. The responsibility for submitting a bid on/or before the stated closing ti and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for , elays caused by technical difficulties or caused by any other occurrence. Electronic bid submissions require the uploading of electronic attachments. The submission of attachments containing embedded doc " ents or proprietary file extensions is prohibited. All documents should be attached as individual files and la s ed. Any bids received and time stamped through Periscope, prior to the bid submittal deadline, shall be ac• pted as a timely submittal and anything thereafter will be rejected. Additionally, Periscope will not . ow for electronic bid submittal after the closing date and time has lapsed. Bids will be opened promptly the time and date specified. All expenses nvolved with the preparation and submission of bids to the City, or any work performed in connectio erewith, shall be borne by the Bidder. Accordingly, Bidder: ust register, free of charge, with Periscope to establish an account in order to have access to view I SUBSTITUTED and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all bids electronically. Hard copy bid submittals will not be accepted. NO EXCEPTIONS 3. Must submit the Certification Statement and associated solicitation documents which def requirements of items and/or services to be purchased and must be completed and submitted as ou ed within the solicitation via Periscope. The use of any other forms and/or the modification of Ci orms will result in the rejection of the Bidder's bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your bi ' . Failure to comply with these requirements shall deem the bid non -responsive. 5. Must ensure that an authorized agent of the Bidder's firm signs the Certification State ► nt and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT S L DEEM THE BID NON -RESPONSIVE. 6. May be considered non -responsive if bid does not conform to the terms d conditions of this solicitation. 2.5 BIDDERS MINIMUM REQUIREMENTS Bids will be considered only from firms that are regularly engaged in the buss • ss of providing the services as described in this bid; and that have adequate financial support, equipment d personnel to ensure that they can satisfactorily provide the goods and/or services if awarded a contract der the terms and conditions herein stated. The minimum qualifications for this bid are that the Successful idder(s) shall, as of bid due date: A. Not have any member, officer, or stockholder that i• in arrears or is in default of any debt or contract involving the City, is a defaulter surety oth• ise, upon any obligation to the City, and/or has failed to perform faithfully on any previous c ► tract with the City; B. Have never filed for bankruptcy, be in sound .nancial condition, have no record of civil litigation or pending lawsuits involving criminal ac sties of a moral turpitude, and shall not have conflicts of interest with the City; Have adequate nancial support, equipment, and organization to ensure that they can satisfactorily provide the oods and/or services if awarded a Contract under the terms and conditions herein stated. Bidde -. shall complete, sign, and have notarized Attachment J — Affidavit of Responsibility; C. Have the same Federal Emplee Identification Number (FEIN) for the last five (5) consecutive years; D. Hold a license for the raying of herbicide/Sonar as issued by the State of Florida's Department of Agriculture. Lic se shall be submitted at the time of bid submittal; and E. Hold a current ertified license as a General Contractor from the State of Florida Construction Industry Lic- se Board for the class of work to be performed, OR the appropriate Certificates of Competen - OR the State Contractor's Certificates of Registration as issued by Palm Beach, Browar• iami-Dade, or Monroe County, which authorizes the Successful Bidder(s) to perform the pr• •osed work. Holder of all ' enses must be an employee of the Successful Bidder(s) or the subcontractor. Licenses and certificatio must be provided in the bid response, including the license of the subcontractor(s). Failure to provi icenses and Certifications shall deem the bid non -responsive. SUBSTITUTED 2.6 METHOD OF AWARD This Solicitation is divided into two (2) Classification Types. Classification Type 1 — Federally F ed Projects; and Classification Type 2 — Non -Federally Funded Projects. Bidders can bid on one or oth Classifications, using the applicable Price Form(s). Pursuant to Federal Procurement Regulations, particularly 2 CFR 200.320, Classification Type - Federally Funded Projects shall only be awarded to the lowest responsible and responsive bidder who b. . s on all items and whose bid offers the lowest price when all items are added in the aggregate. Failure to b . on all items on the price sheet shall deem your bid non -responsive. Classification Type 2 - Non -Federally Funded Projects shall be awarded to the two ( owest responsive and responsible Bidders, who bid on all items on the price sheet. Failure to bid on all ites on the price sheet shall deem your bid non -responsive. Service areas shall be assigned to Successful Bids (s)s via work orders at the City's sole discretion, based upon the needs of the City. In the event that ere is a sole responsive and responsible Bidder, the City at its sole discretion may award all service . - as to the sole responsive and responsible Bidder. 2.7 TERM OF CONTRACT The Contract shall commence upon the date of notice of award and . all be effective for three (3) years with the option to renew for two (2) additional two (2)- year perio' , subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is . ity prerogative, not a right of the Bidder. This prerogative will be exercised only when such continuati e . is clearly in the best interest of the City. 2.8 CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the foll 1. Continued satisfactory performance established herein. 2. Availability of funds. 2.9 ESCALATION CLAUSE Successful Bidder(s) may request, in ting, including a justification, an adjustment of the prices submitted in the pricing schedules based on c ges in the CPI for All Urban Consumers (CPI-U), U.S. City Average, Miami -Ft. Lauderdale, FL., no ore than 60 days, but no less than 30 days prior to the yearly contract anniversary. If requested, the cing schedule may be increased/decreased, if necessary, based on review of the CPI criteria listed abov Any adjustments made will be for the following contract year and will not be combined with previous ars that were not requested within the date parameters set above (i.e., rate increase requested within the da parameters above in 2021, if approved will be for year 2022). Should the Successful Bidder(s) not submit , eir request for any particular year, they will forgo any change in the CPI. mg: mpliance with the specifications, terms and conditions The City may, a ► r review, refuse to accept the adjusted costs if they are not properly documented, increases are consideres o be excessive, or decreases are considered to be insufficient. In the event the City does not wish to acc• . the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves ti right to cancel the contract upon giving thirty (30) days' notice to the Successful Bidder(s). The curement Department may also, in its sole discretion, make an equitable adjustment in the contract SUBSTITUTED terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due circumstances beyond the Successful Bidder(s) control, (2) the volatility affects the marketplace or ind not just the particular contract source of supply, (3) the effect on pricing or availability of supply is subs . tial, and (4) the volatility so affects the Successful Bidder(s) that continued performance of the contract wo d result in a substantial loss. Successful Bidder(s) might have to supply documentation to justify an requested percentage increase in cost to the City of Miami. 2.10 NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwis available in any fiscal period for payments due under this contract, then the City, upon written notice to t uccessful Bidder(s) of such occurrence, shall have the unqualified right to terminate the contract without . penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will . awarded to any firm(s). 2.11 INSURANCE REQUIREMENTS At the time of award, the Successful Bidder(s) shall furnish to City of Mia1, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Ins , ance which indicate that insurance coverage has been obtained which meets the requirements as outlined b: ow: Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1, 0 4 0,000 General Aggregate Limit $ ,000,000 Products/Completed Operations 1,000,000 Personal Injury $1,000,000 B. Endorsements Required City of Miami listed as an additional in . red Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Under: -.und Hazard Primary Insurance Clause Eno sement Business Automobile Liability A. Limits of Liability Bodily Injury and Pr • .erty Damage Liability Combined : ngle Limit Any Aut Includ g Hired, Borrowed or Non -Owned Autos Any inc Accident $ 1,000,000 B. Endorsement ' equired City e ' iami listed as an additional insured Worker's ompensation A. Lim of Liability SUBSTITUTED Statutory -State of Florida Waiver of subrogation USL&H B. Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit Umbrella Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 3,000,000 Aggregate $ 3,000,000 City of Miami listed as an additional insured. Coverage is excess follow rm over the general liability and auto policies. Protection and Indemnity Liability A. Limits of Liability Each Occurrence $1,000,000 Policy Aggregate $1,000,000 City of Miami listed as the named insured. Pollution Liability A. Limits of Liability Each Occurrence $1,000,000 General Aggregate $1,000,000 City of Miami listed as the named insured The above policies shall provide the of Miami with written notice of cancellation or material change from the insurer not less than (30) days .nor to any such cancellation or material change, or in accordance with policy provisions. BINDERS ARE UNACCE - ABLE. The insurance coverage r- , ired shall include those classifications, as listed in standard liability insurance manuals, which most ney reflect the operations of the bidder. All insurance polici:. required above shall be issued by companies authorized to do business under the laws of the State of Flori • , with the following qualifications: • The C• pany must be rated no less than "A" as to management, and no less than "Class V" as to finan al strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, O1• ick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to r- iew and verification by Risk Management prior to insurance approval. SUBSTITUTED Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Compliance with the foregoing requirements shall not relieve the bidder of their liability and obligation un this section or under any other section of this Agreement. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be re for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calen advance of such expiration. onsible r days in In the event that expired certificates are not replaced with new or renewed certificate hich cover the contractual period, the City shall: 1. Suspend the contract until such time as the new or renewed certificates are rec- ed by the City in the manner prescribed in the Invitation For Bid. 2. The City may, at its sole discretion, terminate this contract for cause and se- ' re -procurement damages from the Successful Bidder(s) in conjunction with the General and Sp- al Terms and Conditions of the Solicitation. The Successful Bidder(s) shall be responsible for assuring that the insuran• certificates required in conjunction with this Section remain in force for the duration of the contractual pe • d; including any and all option terms that may be granted to the Successful Bidder(s). See Attachment A nsurance Addendum. 2.12 REFERENCES Each bid must be accompanied by a list of three (3) refere s ' - s, by completing Attachment B - Reference Submittal Form. NO BID WILL BE CONSIDERED WI OUT THIS LIST. These references must be from contracts within the last five (5) years and for services a escribed in this solicitation. 2.13 BACKGROUND CHECKS JESSICA LUNSFORD ACT (JLA) BACKGRO In accordance with the requirements of Sectio amended from time to time Successful Bidde services, Successful Bidder(s) and all of its will complete criminal history checks, requirements as outlined in the above D SCREENING REQUIREMENTS: , 1012.465, and 1012.32 and 1012.467, Florida Statutes, as ) agrees that, if Successful Bidder(s) receives remuneration for ployees who provide or may provide services under this Contract all background screening requirements, including level 2 screening ferenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendme to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal his checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from el 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the ovisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any prov . ons that may be inconsistent with, contrary to, or determined to be in conflict with said Section 1012.467, ill be superseded by said statute. A non-instructio . . Successful Bidder(s) who is exempt from the screening requirements set forth in Sections 1012.465, 101 .468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying ' ormation against the registration information regarding sexual predators and sexual offenders maintaine ' •y the Department of Law Enforcement under Section 943.043 and the national sex offender public registry aintained by the United States Department of Justice. The Successful Bidder(s) will not be charged for this search. Further, upon obtaining clearance by City, the City may issue a photo identification badge consistent with , y statutory requirements, which shall be worn by the individual at all times while on City property when ch i ren are present. Successful Bidder(s) shall bear any, and all costs associated with acquiring the required backgro screening, including any costs associated with fingerprinting and obtaining the required photo identi ation badge. Successful Bidder(s) shall require all its affected employees to sign a statement, as a conditioof employment with Successful Bidder(s) in relation to performance under this Contract, agreeing that the ployee will abide by the heretofore described background screening requirements, and also agreeing that th• mployee will notify the Successful Bidder(s)/Employer of any arrest(s) or conviction(s) of any offense ' ithin 48 hours of its occurrence. Successful Bidder(s) shall provide the City with a list of all of its empl.., ees who have completed background screening as required by the above -referenced statutes and who me the statutory requirements contained therein. Successful Bidder(s) shall have an ongoing duty to maintai d update these lists as new employees are hired and in the event that any previously screened empl. gee fails to meet the statutory standards. Successful Bidder(s) shall also notify the City immediately up' becoming aware that one of its employees, who was previously certified as completing the backgro check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying . " ense. Failure by Successful Bidder(s) to notify the City of such arrest or conviction within 48 hours of bein sut on notice and within five (5) business days of the occurrence of qualifying arrest or conviction, shall con tute grounds for immediate termination of this Contract by the City. The failure by the Successful Bidder(s) to perform any of t' duties described in this section shall constitute a material breach of the Contract entitling the City to t- inate this Contract immediately with no further responsibility to make payment or perform any other . ies under this Contract. 2.14 CURES Please refer to Section 1.56,Notice Regarding as well as Attachment C - APM Regarding 2.15 PROJECT MANAGER Upon award, Successful Bidder(s) shreport and work directly with Elyrosa Estevez, City Engineer, or designee, who shall be designated as ie Project Manager(s) for the City. es" of the General Terms and Conditions of this Solicitation ures, for further clarification of this policy. 2.16 SUBCONTRACTOR(S) Bidder(s) must list any or all . bcontractor(s) that may be utilized to assist in the performance of the work specified herein on Attach nt D - Subcontractors, if applicable. Any subcontractor(s) listed must meet the same requirements and s it the same information listed under the Bidder's Minimum Qualifications section. All information requi i shall be included in the solicitation response. If Bidder does not include any subcontractor(s) as of its bid submittal, it will be construed that bidder will be able to handle the entire workload by itself d will not be allowed to subcontract any of the work unless it is requested in writing the hiring of subcon ' . ctor(s) with the aforementioned requirements attached to its request within seventy-two (72) hours of cons -ring hiring subcontractor(s). The City will grant or deny such request in writing within forty- eight (48) h ' . s of receiving said request. 2.17 RESPONSE TIME Successful Bidder(s) shall provide the City a contact who will be available to the City 24-hours/seven da . a week in the event of an urgency. Failure to respond to a service call within the specified time may result the Successful Bidder paying any and all costs associated with the services performed by a secondary venr. 2.18 COMPLETED WORK The City shall be notified by the Successful Bidder(s) upon completion of work. The City sh inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall .e redone by the Successful Bidder(s) at no additional charge to the City. The Successful Bidder(s) shall not begin work until a Purchase Order and/or a Notice 'roceed are received. 2.19 BID BOND All bids shall be accompanied by an original Bid Bond in the amount of five percent (5%) of the total bid submitted for non -federally funded projects not inclusive of the special provi ons line item, to be in the form of a Cashier's Check or Money Order made payable to the City of Miami; .. and written by a surety company authorized to do business in the State of Florida and shall comply with S e Statute 287.0935. The bond from all unsuccessful Bidders, if in the form of a Cashier's Check or Mon- Order, will be returned immediately after bid award. Bid bonds are not required for federally funded proj t bid price sheet submissions. 2.20 METHOD OF PAYMENT Payment will be made within forty-five (45) calendar days, in . cordance with Florida Statutes Sections 218.73 and 218.74 of the Prompt Payment Act for services rendere . p e previous month, upon submission of properly certified/approved invoices. All such information shall b- .rovided to the City Project Manager, or designee. The City will pay the contract price minus any liq i ated damages and/or other damages to the Successful Bidder upon completion and acceptance. Dama caused by the Successful Bidder's employees shall be estimated by the City Project Manager, or des' : ee and computed actual costs and repairs shall be deducted from the Successful Bidder's total monthly bi ng. Each invoice shall include total cost, per t (%) retainage, if applicable, proof of payment to subcontractors and suppliers with corresponding relea of liens forms and affidavits. 2.21 LIQUIDATED DAMAGES Failure to complete the project i ► accordance with the specifications and to the satisfaction of the City within the time stated, shall result in . uidated damages being assessed. The Successful Bidder shall be subject to an assessment of liquidated da ' . ges in the amount of $100.00 for each and every calendar day the work remains incomplete (not to exceed , e total amount of the contract), as compensation due to the City for loss of use and for additional costs inc ed by the City due to such incompletion of the work. The City shall have the right to deduct said liquidate a amages from any amount due or that may become due to the Successful Bidder under this agreement or t• invoice the Successful Bidder for such damages if the costs incurred exceed the amount due to the Succe . 1 Bidder. 2.22 CONT CTOR TO BE REPRESENTED The Succe • ful Bidder(s), at all times, must either be personally present at the worksite or be represented at the worksit •y a responsible agent or agents designated by the Successful Bidder(s) in written notice to the City prior , the beginning of work. Such notification shall include pertinent data such as addresses, phone numbers, SUBSTITUTED etc., where said agent or agents may be contacted at any time of the day or night. The agent or agents shall b clothed with full authority to act for the Successful Bidder(s) in all cases, and to carry out any instructi s relative to the work may be given by the City. 2.23 USE OF PREMISES The Successful Bidder(s) shall confine their equipment, apparatus, the storage of materials, and operation of their workmen to the limits indicated by law, ordinances, permits, or direction of the Proje anager, or designee, and shall not unreasonably encumber the premises with his/her materials. The Suc sful Bidder(s) shall take all measures necessary to protect their own materials. 2.24 DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as public or private property adjacent to the work. Should any public or private prope the Successful Bidder(s), at their expense, shall repair or make restoration as is City and/or owners of destroyed or damaged property promptly within a re exceed one month from date damage was done). 2.25 PUBLIC CONVENIENCE AND SAFETY The Successful Bidder(s) shall conduct their work so as to interfere little as possible with private business or public travel. The Successful Bidder(s) shall, at their own expens henever necessary or required, maintain barricades, maintain lights, and take such other precautions as be necessary to protect life and property, and the Successful Bidder(s) shall be liable for all damages oc' . sioned in any way by their actions or neglect or that of their agents or employees. to result in damage to e damaged or destroyed, ctical and acceptable to the nable length of time. (Not to The Successful Bidder(s) shall meet the following noise . ►atement performance standards for all construction equipment: 1 Between the hours of 6:00 PM and 8:00 A e following day on weekdays, or at any time on Sundays or holidays, such that the sound therefro reates a noise disturbance across and at a residential district boundary or within a noise sensitive z►. e, except for emergency work of public service utilities or by special permission issued pursuant e subsection (c) of City of Miami Ordinance Section 36-6, Construction Equipment. 2. At any other time, such that the .und level at or across a real property boundary exceeds a reading of 0.79 weighted average dBA fo i e daily period of operation. Such sound levels shall be measured with a sound level meter man tured according to standards prescribed by the American National Standards Institute. 2.26 SAFETY MEASURES Successful Bidder(s) shall . e all necessary precautions for the safety of employees and shall erect and properly maintain at all es all necessary safeguards for the protection of the employees and the public. Danger signs warning - ainst hazards created by their operation and work in progress must be posted. All employees hearing protecti fully operatio property w of ' ccessful Bidder(s) shall be expected to wear safety eyewear, appropriate clothing, and when and wherever applicable. The Successful Bidder(s) shall use only equipment that is and in safe operating order. Successful Bidder(s) shall be especially careful when servicing pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.27 E ► IRONMENTAL REGULATIONS The City reserves the right to consider a Bidder's history of citations and/or violations of environmen regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder sn- responsible if the history of violations warrants such determination in the opinion of the City. 2.28 ADDITIONAL CONTRACTOR(S) OR SUBCONTRACTOR(S) There are no implied or express guarantee that all Successful Bidders under this contract will -ceive work assignments during any given catastrophic events such as tornadoes, hurricanes, severe sto , or any other public emergency. However, the City reserves the right to assign work to multiple Success d Bidders at any given point in time, add Contractor(s) who were not part of the initial award to the contrac .r direct Successful Bidder(s) to hire Subcontractor(s), which may or may not be part of this bid contract, t xpedite the clean-up efforts to restore normalcy and order to the lives of City residents, businesses, . general public in an expeditious manner. 2.29 ADDITIONS/DELETIONS OF SERVICES/ITEMS/LOCATIONS/S ' PLIERS Although this Solicitation identifies specific services/items/locations/su . iers, it is hereby agreed and understood that any services/items/locations/suppliers may be added/delet- . to/from this Contract at the option of the City. When an additional service/item/location to the Contract is r wired, the Successful Bidder(s) shall be invited to submit price quotes for these new product(s). If prices ar of competitive or not carried, the City maintains the right to add additional suppliers to the Contract to c. ' those items required. If these quotes are comparable with market prices offered for similar location/prod s/items/services, they shall be added to the Contract, whichever is in the best interest of the City, and an a , endum and/or a separate purchase order shall be issued by the City. When additional suppliers . - needed to provide originally contracted services/items/products, the City reserves the right to req - t quotes from the market and amend the contract to include the new suppliers. 2.30 FAILURE TO PERFORM Should it not be possible to reach the Successful taken within 48 hours of any failure to perform the Successful Bidder(s) in default of the con 2.31 TERMINATION FOR DEFAULT If Successful Bidder(s) defaults in i - performance under this Contract and does not cure the default within thirty (30) days after written noti of default, the City Manager may terminate this Contract, in whole or in part, upon written notice witho ' .enalty to the City of Miami. In such event the Successful Bidder(s) shall be liable for damages including t' - excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason at the Successful Bidder(s) was not in default or (2) the Successful Bidder(s)'s failure to perform is with it their or their Subcontractor's control, fault or negligence, the termination will be deemed to be a terminon for the convenience of the City of Miami. dder(s) or supervisor and/or should remedial action not be ording to specifications, the City reserves the right to declare t or make appropriate reductions in the contract payment. FOR CONVENIE ► E The City Mana:. may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, . , . so terminated for the convenience by the City of Miami the Successful Bidder(s) will be compens. ' d in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for service d so terminated, the City of Miami shall be liable only for payment in accordance with the payment provi sns of the Contract for those services rendered prior to termination. SUBSTITUTED 2.32 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluateor considered, and any and all such additional terms and conditions shall have no force or effect . are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadv- ently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is derstood and agreed that the General Conditions and Special Conditions in this solicitation are the on conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bid. 's/Proposer's acknowledgment form attests to this. 2.33 PERFORMANCE BOND Prior to commencing any work, the Successful Bidder(s) may be required to submit a to 100% of the estimated work required (inclusive of the Special Provisions line after receiving a written notice from the City. This performance Bond for the sat Contract. The Performance Bond can be in the form of a Cashier's Check, mad a bond written by a surety company authorized to do business in the State State Statute 287.0935; or an Irrevocable Letter of Credit. If the latter is c located in Miami -Dade County, be in the amount of the contract and sh cannot be revoked until express written approval has been given by t same, would merely have to give written notice to the bank with a c rformance Bond equal em) within five (5) days actory performance of this ayable to the City of Miami; Florida and shall comply with sen, it must be written by a bank d clearly and expressly state that it City of Miami. The City, to draw on y to the Successful Bidder(s). Performance Bonds must be maintained until all of the assigneork has been completed and approved by the City in writing. If the Surety on any bond furnished by the Successful B s er(s) is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Flda or it ceases to meet the requirements imposed by the City, the Successful Bidder(s) shall within five - calendar days substitute another bond and surety, both of which shall be acceptable to the City. If the Bidder cannot obtain another bond a surety within (5) calendar days, the City will accept and the Successful Bidder(s)shall provide an irrev e . ble letter of credit drawn on a Miami -Dade County, Florida bank until the bond and surety can be obtaine SPECIAL CONDITIONS ONL APPLICABLE TO CLASSIFICATION 1 - FEDERALLY FUNDED PROJECTS This section applies to all prcts that are federally funded. Bidders shall use the applicable Federally Funded Projects Price S i t (Attachment E) for this bid when submitting pricing. 2.34 LOCAL OFFIC ' ' REFERENCE Local Office Prefer- ce does not apply to Classification 1 - Federally Funded Projects. 2.35 DECL TION OF A FEDERAL EMERGENCY — Applicable to Classification 1 — Federally Funded P ects Upon th- • eclaration of a Federal emergency, the City shall seek Federal Disaster Assistance as defined in the City's 'rocurement Code Section 18-121 titled "Procurements, Grants, Subgrants, and Compliance Utilizing SUBSTITUTED Requirements for Federal Disaster Assistance"; therefore, all canal cleaning services during such emergency, shall be provided solely by the Successful Bidder, as the lowest responsible and responsive bidder, for Classification Type 1, Federally Funded Projects. 2.36 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment bec se of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will e affirmative action to ensure that applicants are employed, and that employees are treated during em ► oyment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national ori Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recrui t advertising; layoff or termination; rates of pay or other forms of compensation; and sele• on for training, including apprenticeship. The contractor agrees to post in conspicuous place , available to employees and applicants for employment, notices to be provided setting forth the pr• isions of this nondiscrimination clause. B. The contractor will, in all solicitations or advertisements for e ' .loyees placed by or on behalf of the contractor, state that all qualified applicants will receive considera .n for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or nation. origin. C. The contractor will not discharge or in any other manner . criminate against any employee or applicant for employment because such employee or applicant has inq ed about, discussed, or disclosed the compensation of the employee or applicant or another employee or a►. icant. This provision shall not apply to instances in which an employee who has access to the compensaf • information of other employees or applicants as a part of such employee's essential job functions disclos- . the compensation of such other employees or applicants to individuals who do not otherwise have access '. such information, unless such disclosure is in response to a formal complaint or charge, in furtherance o . investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or consistent with the contractor's legal duty to furnish information. D. The contractor will send to each la .1- union or representative of workers with which he has a collective bargaining agreement or other contr. , or understanding, a notice to be provided advising the said labor union or workers' representatives of the ontractor's commitments under this section and shall post copies of the notice in conspicuous places avable to employees and applicants for employment. E. The contractor will com rules, regulations, and rel with all provisions of Executive Order 11246 of September 24, 1965, and of the ant orders of the Secretary of Labor. F. The contractor wi urnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules gulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, re rds, and accounts by the administering agency and the Secretary of Labor for purposes of investigation ascertain compliance with such rules, regulations, and orders. G. In the ent of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of e said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole SUBSTITUTED or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 112 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provide' .y law. H. The contractor will include the portion of the sentence immediately preceding paragraph and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exem ► ed by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive '.rder 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or yen, , . The contractor will take such action with respect to any subcontract or purchase order as the administeri : agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or i hreatened with, litigation with a subcontractor or vendor as a result of such direction by the admin ering agency, the contractor may request the United States to enter into such litigation to protect t interests of the United States. 2.37 COMPLIANCE WITH THE DAVIS-BACON ACT All transactions regarding this contract shall be done in compliance wit e Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may . applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements o 9 C.F.R. pt. 5 as applicable. Contractors are required to pay wages to laborers and mecha► cs at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of abor. Additionally, contractors are required to pay wages not - ss than once a week. 2.38 COMPLIANCE WITH THE COPELAND ANTI -KICKBACK" ACT A. Contractor. The contractor shall comply wit 8 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which a incorporated by reference into this contract. B. Subcontracts. The contractor or subc ' actor shall insert in any subcontracts the clause above and such other clauses as FEMA may by approp:.te instructions require, and also a clause requiring the subcontractors to include these clauses in any low- tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor . ower tier subcontractor with all of these contract clauses. C. Breach. A breach of the c debarment as a contractor tract clauses above may be grounds for termination of the contract, and for subcontractor as provided in 29 C.F.R. § 5.12. 2.39 COMPLIANCE ' THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor shall cor ily with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 .R. Part 5. In addition: A. Overtime re s rements. No contractor or subcontractor contracting for any part of the contract work which may require o involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic i . ny workweek in which he or she is employed on such work to work in excess of forty hours in such wor, eek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times t► basic rate of pay for all hours worked in excess of forty hours in such workweek. SUBSTITUTED B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set fh in paragraph (b)(1) of 29 C.F.R. § 5.5, the contractor and any subcontractor responsible therefore shall be able for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United Stat- (in the case of work done under contract for the District of Columbia or a territory, to such District or to suc erritory), for liquidated damages. Such liquidated damages shall be computed with respect to each individ laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in par aph (b)(1) of 29 C.F.R. § 5.5, in the sum of $27 for each calendar day on which such individual was req ed or permitted to work in excess of the standard workweek of forty hours without payment of the overtim ages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. § 5.5. C. Withholding for unpaid wages and liquidated damages. The (write in the name loan or grant recipient) shall upon its own action or upon written request of an aut Department of Labor withhold or cause to be withheld, from any moneys payabl by the contractor or subcontractor under any such contract or any other Fede contractor, or any other federally -assisted contract subject to the Contract Act, which is held by the same prime contractor, such sums as may be any liabilities of such contractor or subcontractor for unpaid wages an clause set forth in paragraph (b)(2) of 29 C.F.R. § 5.5. o e Federal agency or the rized representative of the n account of work performed contract with the same prime ork Hours and Safety Standards termined to be necessary to satisfy iquidated damages as provided in the D. Subcontracts. The contractor or subcontractor shall insert any subcontracts the clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. § 5.5 and also a cla e requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contra- or shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses t forth in paragraphs (b)(1) through (4) of 29 C.F.R. § 5.5. 2.40 CLEAN AIR ACT/FEDERAL WATER P 0 LUTION ACT Clean Air Act A. The contractor agrees to comply with all a, .licable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 741 et seq. B. The contractor agrees to report each olation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each olation as required to assure notification to the Federal Emergency Management Agency, and the appr, .riate Environmental Protection Agency Regional Office. C. The contractor agrees to i - ude these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federa . ssistance provided by FEMA. Federal Water Pollutio ' Control Act A. The contractor agr: s to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Poll on Control Act, as amended, 33 U.S.C. 1251 et seq. B. The contrac agrees to report each violation to the City of Miami and understands and agrees that the City of Miami w , in turn, report each violation as required to assure notification to the Federal Emergency Managem- Agency, and the appropriate Environmental Protection Agency Regional Office. C. Th= contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in SUBSTITUTED whole or in part with Federal assistance provided by FEMA. 2.41 SUSPENSION AND DEBARMENT A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.9 affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualifi at 2 C.F.R. § 180.935). B. The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, su include a requirement to comply with these regulations in any lower tier covered transacti C. This certification is a material representation of fact relied upon by the City of Mia that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. to remedies available to the City of Miami, the Federal Government may pursue but not limited to suspension and/or debarment. su• , the or its (defined art C, and must it enters into. fit is later determined 0, subpart C, in addition ailable remedies, including D. The bidder or proposer agrees to comply with the requirements of2 C. ' . pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period o y contract that may arise from this offer. The bidder or proposer further agrees to include a provision re.. iring such compliance in its lower tier covered transactions. 2.42 BRYD ANTI -LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or • .re shall file the required certification. Each tier certifies to the tier above that it will not and has not use • ederal appropriated funds to pay any person or organization for influencing or attempting to influence officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an e • .loyee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other , and covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds tha akes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier . p to the recipient who in turn will forward the certification(s) to the awarding agency. Bidders must complete and return Atta fnent H with Bid Submittal. 2.43 PROCUREMENT OF REC 0 IERED MATERIALS In the performance of this contra the Contractor shall make maximum use of products containing recovered materials that are EPA-designa items unless the product cannot be acquired: A. Competitively within a ti . frame providing for compliance with the contract performance schedule; B. Meeting contract perfo ance requirements; or C. At a reasonable price Information about Comprehensive P uideline-c s requirement, along with the list of EPA- designated items, is available at EPA's curement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement - ram. The Contr. ' or also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal ct." SUBSTITUTED 2.44 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide (insert name of state agency or local or Indian tribal government), (i ert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any • their authorized representatives access to any books, documents, papers, and records of the Contractor - ich are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and tr. - criptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means w soever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized repres- tatives access to construction or other work sites pertaining to the work being completed under the contra (4) In compliance with the Disaster Recovery Act of 2018, the City of Miami and the tractor acknowledge and agree that no language in this contract is intended to prohibit audits or intern reviews by the FEMA Administrator or the Comptroller General of the United States. 2.45 DHS SEAL, LOGO, AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductis of flags or likenesses of DHS agency officials without specific FEMA pre -approval 2.46 COMPLIANCE WITH FEDERAL LAW, REGULATION AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will b' sed to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, r, ulations, executive orders, FEMA policies, procedures, and directives. 2.47 NO OBLIGATION BY FEDERAL GOVERNM T The Federal Government is not a party to this contrac , nd is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pe fining to any matter resulting from the contract. 2.48 PROGRAM FRAUD AND FALSE OR DULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S ' . Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's act .ns pertaining to this contract. SPECIAL CONDITIONS 0 'LY APPLICABLE TO CLASSIFICATION 2 - NON -FEDERALLY FUNDED PROJECTS This section applies to a projects that are non -federally funded. Bidders shall use the applicable Non - Federally Funded Pro cts Price Sheet (Attachment F) for this bid when submitting pricing. 2.49 LIVING WA ! ORDINANCE The City of Mia. Living Wage Ordinance is applicable to this service contract. Please refer to Section 1.38 of the Genera erms and Conditions for further information and guidance on how to comply with this ordinance. 2.50 L Loca AL OFFICE PREEFERENCE ffice Preference only applies to Classification 2 - Non -Federally Funded Projects. SUBSTITUTED Bidders wishing to apply for the local office preference shall comply with the General Terms and Conditio ► ., Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procure ► ent Code, titled "Definitions", and shall submit with the Bid at the time of the Bid due date the following: • Completion and submission of Attachment G, City of Miami Local Office Certificatio orm; • Submission of a copy of the Proposer's lease documents at the location being deemed a ty of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificat► of use that authorizes the performance of the Proposer/Bidder. SUBSTITUTED 3.0 Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK I. Introduction BIDDERS ARE NOT REQUIRED TO ENTER A UNIT PRICE IN THE LINE ITEM LISTED P THE ACTUAL IFB. BIDDERS SHALL COMPLETE ATTACHMENTS E & F, BID PRICE SHE (S), TO IDENTIFY WHICH CLASSIFICATION (CLASSIFICATION 1 - FEDERALLY FUNDED PR CTS OR CLASSIFICATION 2 — NON -FEDERALLY FUNDED PROJECTS) THE BIDDER IS C . QUESTING CONSIDERATION FOR. BIDDERS MAY RESPOND TO ONE CLASSIFICATIP OR BOTH CLASSIFICATIONS. BIDDER MUST MEET ALL REQUIREMENTS IN ORDER TO ' CONSIDERED RESPONSIVE. The City of Miami's ("City") Depaitinent of Resilience and Public Works ("RPW" and Recreation ("Parks") is in need of fully capable and willing firms to provide c City. The Successful Bidder(s)s shall furnish all labor, machinery, tools, disposal, supplies (including trash bags), equipment, materials, water, dies satisfactory contract performance. Such materials and equipment shall be and grade for the purpose of this contract. All workmanship, equipme subject to the inspection and direction/approval of the City. II. DESCRIPTION OF WORK d Department of Parks al cleaning services for the des of transportation, debris fuel and services necessary for f suitable type, in good condition and frequency of services shall be All work shall be performed using superior maintenance . dards and techniques. The Successful Bidder(s) shall inform the City two (2) weeks before each clean-up ask is scheduled. The Successful Bidder(s) agrees to on -site inspections by the Project Manager. The scop- • f work includes but is not limited to the following: SCHEDULED SERVICES Scheduled services frequency is as indicated b w or at the discretion of the City. A. Debris Removal and Litter Control very month of the year, or as directed by the Project Manager (all locations). This work is for the entir ength of the waterway including water edge and banks. Litter and debris removal includes but is not lirted to human discarded trash, human waste, pet waste, discarded landscaping, etc. NOTE: Litter co rol for Ademar and Davis Canals shall take place TWICE a month from July through October. B. Mowing / Trimming - .nthly for the Wagner Creek and Lawrence locations. Four (4) times a year, or as directed by the Project M. ager for other locations (all locations). C. Weed Control / i emical Treatment - Banks and upland areas within canal right of way at Wagner Creek, Comfort C . al, Lawrence Waterway and Antonio Maceo Park. No spraying is allowed in the Biscayne Bay ar- . s. D. Sonar S aying - Waterways at Comfort Canal and Antonio Maceo Park. No spraying is allowed in the Biscayne ' ay areas. E. 0 truction (Vegetative) Removal - All Locations twice (2) a year, or as directed by the Project Manager. Must ensure that a minimum of two (2) feet of free water flow is maintained. F. Obstruction (Heavy Materials/Illegal Dumping) Removal - All locations except Seybold Can. , Rickenbacker Causeway and All City Parks twice (2) a year, or as directed by the Project Man. ;-r. Successful Bidder(s) must remove the illegal dumping/ bulk trash at/near waterways. Must ensure at a minimum of two (2) feet of free water flow is maintained. G. Maintenance of Lawrence Canal Seawall — Successful Bidder(s) shall pressure clean .. otal of 144 existing concrete bollards at Lawrence Waterway three (3) times a year. During one of t..se cleanings, Successful Bidder(s) shall pressure clean and paint with one coat of Thoroseal #8532 or a..pproved equal. This action item includes maintenance and welding of 1,400 feet of hot -deep galvanize . ' /8" anchor chain, 10 feet in length, as per detail. In addition, if the concrete finish is broken or damage. apply ACI 301, to a smooth form finish before painting. H. Seaweed/Hydrilla Removal - This work is required once a year to remove , 1 the seaweed and hydrilla from all the canals and waterways shown below. The Successful Bidder(s) all bear the costs associated with purchase or rental of a weed harvester such as a Kelpin 800 Model o pproved equal. I. Type I Turbidity Barrier — This work is required per Project ager for locations where there is a current spill of silted water to prevent pollution to waterways. ' ontractor shall provide all materials, equipment and labor to install and remove a turbidity curtain at t► request of the Project Manager. Cost of turbidity barrier rental/purchase shall be the burden of the Cs . actor. Contractor will not be allowed to charge the City separately for these services. J. Removal of Litter at Outfall ends: This work is to b conducted during low tide hours. The Successful Bidder(s) shall provide all labor, materials, and eq .ment to remove all floatable, debris, cans, trash deposited at outfall ends in the waterway bottom . remove the debris without disturbing bottom soil. All litter removal should be done at least monthly. ccessful Bidder(s) shall confirm frequency with Project Manager prior to the commencement of the co. act. K. Removal of dead animals and fish — This work is to be conducted at the request of the Project Manager. The trash bags can be dispose • .t the nearest Miami -Dade County Solid Waste Transfer Facility. **Contractor shall not pick up sa assum from the waterways and Bay.** NON-SCHEDULED SERVIC Non-scheduled work is at t discretion of the City. Successful Bidder(s) shall not proceed with any non- scheduled work without t - written approval of the City/Project Manager or designee. It is the responsibility of the Successful Bidde ) to notify the Project Manager of any needs for pruning, tree/stump removal, or other service issues. L. Pruning - Sh s shall be trimmed as needed to provide an informal shape, fullness, and bloom. Trees shall be free of all . , . d (browned) fronds and branches. Cut and remove the seeds and fronds that are pointing downward th are browning or yellowing. Pricing shall include all applicable preparation, MOT, and debris disposal ac ities. M. Re ' oval of trees or stumps - All removal of trees and stumps shall be according to the most efficient and safe industry standards. Pricing shall include all applicable preparation, MOT, and debris disposal activities. SUBSTITUTED Upon award, the Successful Bidder(s) shall submit a detailed maintenance plan to the City for approval. T plan shall include, but not be limited to: A.) a schedule for each task; B.) the equipment to be used for each task; and C.) the procedure that will be set in place for the maintenance of the canals. **SEE ATTACHMENT I — MINIMUM SERVICES LIST FOR EACH LOCATION** III. SERVICE LEVEL REQUIREMENTS Frequency of Services Canal cleaning services shall be executed, at a minimum, based upon the unit of me ures listed in Attachments E and F, Bid Price Sheets. The City's Project Manager may request additiona ervice days as necessary to maintain the level of aesthetic required by the City. Proper Equipment and Operation Caution The Successful Bidder(s) shall have the properly sized maintenanc= vessels with the required cranes for deployment to all waterways covered under this contract. The Succes 1 Bidder(s) shall not use any equipment that could seriously disturb the sediments in the canals. Caution s' •uld always be taken during the operation. Specifically, dirty water should always be kept within a small . - a, and the operation shall not generate cloud or plume over 29 Nephelometric Turbidity Units (NTUs). Proper equipment also includes but is not limited to: A.) Trash Collecting Barge, or approved equal - To . Length: 40 feet / Total Width: 14 feet / Carrying Capacity: 15 tons (30,000 pounds) / Travel Speed: 5 knots (5.7 - 8.1 mph) B.) Trash Collecting Barge, or approved equal otal Length: 70 feet / Total Width: 14 feet / Carrying Capacity:13.5 tons (27,000 pounds) / Travel Sp: d: 5-7 knots (5.7 - 8.1 mph) C.) Heavy Duty Truck with Clamp - Moun d Crane/Floating Barge and Small Vessel/Tugboat/Hauler or Dump Truck Quality Assurance The Successful Bidder(s)'s assigned ' pervisor shall be well versed in appropriate maintenance operations and procedures. All employees of the • ccessful Bidder(s) shall be competent and skilled in their particular job in order to ensure proper perform.. ce of the work assigned. Successful Bidder(s) shall sure that in the event of any equipment malfunction or concern, a back-up is available and used to co nue the immediate completion of services. All work shall be pe ' ormed using superior maintenance standards and techniques. If under any circumstances, the Project Manar is not satisfied with the work, the Successful Bidder(s) shall redo the job to the Project Manager's sati ction at the Successful Bidder(s)'s expense. No additional compensation by the City will be allowed for cessful Bidder(s)'s non-performance. Environ ' ent Protection The w' ing areas include environmental sensitive areas, especially the Biscayne Bay Aquatic Preserve which has : ceptional biological, aesthetic, and scientific value. The Successful Bidder(s) must follow all rules and SUBSTITUTED regulations for the protection of the environment. It shall be the Successful Bidder(s)'s responsibility to preserve the existing condition of the canals surroundings, including but not limited to natural vegetation such as sea grasses and mangroves, bank ., ' the canals, bulkheads and seawalls, concrete sidewalk, curb, and/or gutter and pavement. Any damage don o the pavement or concrete due to the Successful Bidder(s)'s failure to comply with the requirements of this ' ontract, or failure to exercise responsible care in the performance of the work, shall be repaired at the uccessful Bidder(s)'s expense. Any damages to the plants such as sea grasses and mangroves shall be mitigated to Mia- i-Dade County's Department of Environmental Resource Management's ("DERM") and City's satisfacti• , by the Successful Bidder(s) and at the Successful Bidder(s)'s expense. **Contractor shall not pick up sargassum from the waterways and Bay.** Underground Gas Pipelines The Successful Bidder(s) shall review and abide by Florida State Statute hapter 556, Underground Facility Damage Prevention and Safety, while performing the services listed i . nd related to this solicitation. Special Condition for Shallow Areas The Successful Bidder(s) shall use shallow draft boats, vessels, ' other equipment to collect debris in shallow areas. The minimum depth of water for operation in water sho d be at least one (1) foot. In case of water depth less than one (1) foot, the Successful Bidder(s) shall use ap opriate equipment to collect the debris from land. For shallow areas, the clean-up work shall be restricts s o high tide period in order to protect the soil and vegetation. Contractor must not disturb waterway bott while removing trash/debris during low tide. Chemical Treatment All herbicides must be labeled for use in . ter. The chemicals must be approved by United States Environmental Protection Agency ("USEP • and the Florida Department of Agriculture and Consumer Services. Weed control chemical treatmen ould be used in the proper manner. The City prefers the use of Aqua Star, a water-soluble liquid, that m - s readily with water and nonionic surfactant to be applied as a foliar spray for the control or destruction . many herbaceous and woody plants. Any other herbicide shall be approved in writing by the Project : nager or designee. The weed control is primarily ocused on emergent submersed, rooted plants and filamentous algae. The Successful Bidder(s) shall be tremely cautious not to damage any endangered plants, threatened plants, and species of special concern. e federal list of endangered and threatened by commercial exploitation plants are maintained by the Dep. ent of Agriculture and Consumer Services via Chapter 5B-40 FAC. Sea grasses, mangroves and othe pecies are designated as Essential Fish Habitat by the South Atlantic Fishery Management Coun , under the Sustainable Fisheries Act administered by the National Marine Fisheries Service under N. onal Oceanic and Atmospheric Administration ("NOAA"). For the waterway treatment, Successful Bidr(s) shall use Sonar Herbicide, or approved equal. Manatee ' rt The Suc ssful Bidder(s) is alerted that manatees could be present in the canals. The Successful Bidder(s) shall protec I e manatee. Specifically, operation shall be stopped when manatee is within one hundred fifty feet (15 of the work site. SUBSTITUTED Waste Disposal It is the Successful Bidder(s)'s responsibility to dispose of the waste collected during the canal maintenan appropriately. The Successful Bidder(s) shall remove the waste collected from the site within twenty-four 4) hours of collection. The City of Miami will pay the disposal fee signed by the City Inspector. Suc ssful Bidder(s) must pick up and haul the debris to the nearest Miami -Dade County Transfer Station and pa .p front for the disposal fee of the collected debris. The Successful Bidder(s) shall provide proof of the qu. •ty of the waste collected, such as the load ticket, in order to be reimbursed for the waste disposal fee, an• e City will pay only for the waste collected for the canal maintenance operations. The pay ticket must • signed by the Project Manager prior to submittal of invoice payments. Fish kill bags can be disposed at t' nearest Miami - Dade County Solid Waste Transfer Facility. The City reserves the right to add the Successful Bidder(s) as the City's authorize • . epresentative for waste disposal at the Miami Dade County Solid Waste Transfer Facility. If done, the S cessful Bidder(s) will not have to pay upfront for disposal fees. Said fees will be automatically invoiced to e City. Successful Bidder(s) shall still submit any paperwork/load tickets issued by the Facility for reporti : purposes. The City will notify the Successful Bidder(s) if said privilege is granted. IV. LOCATIONS NAME ADDRESS/APPROXI TE LOCATION SIZE Wagner Creek North NW 20th Street to N " 15 Street along NW 13th Ave 3750 ft Wagner Creek South NW 15th Street t• W 1 lth Street along NW 13th Ave 2050 ft Seybold Canal NW 1 lth S -t and NW 9th Ct to the Miami River 2300 ft Comfort Canal NW 27th ve to NW 45th Ave along SR 836 8070 ft Davis Canal Betwe- NE 86th Street and NE 87th Street from NE '.' Ave to Biscayne Bay 1350 ft and 200 ft of bank Ademar Canal B een NE 84th Street and NE 83rd Street from 4 E 8th Ct to Biscayne Bay 1650 ft and 375 ft of bank Bayfront NE 28th Street Cove Biscayne Bay and NE 28th Street 480 ft of bank Bayfront NE 20th-21 st Street e Biscayne Bay and NE 20th Street 450 ft of bank Bayfront North and Sot of Rickenbacker Causeway Along Alice Wainwright Park to SE 25th Road 750 ft of bank Lawrence Waterway d Swell Canal NW 7th Street between NW 17th Ct and NW 18th Ave to the Miami River 2068 ft Waterfront of An , io Maceo Park 5135 NW 7th Street 235 ft of bank Waterfront of garet Pace Park 1775 North Bayshore Drive 1750 ft of bank Waterfront • ' ' allot Park 3805 NE 6th Avenue 430 ft of bank Waterfro • of Morningside Park 750 NE 55th Terrace 2000 ft of bank Wate •' •nt of Legion Park 6447 NE 7th Avenue 550 ft of bank Wa - ont of Fern Isle Park 2201 NW 1 lth Street 1900 ft of bank Miami River V. ADDITIONAL INFORMATION Services Beyond the Scope of the Contract In the event that services beyond the scope of work of this contract are requested by the Project ► anager, the Successful Bidder(s) must receive the written approval of the work request from RPW, written - .proval of the quote to perform such services, and the approval of the Department of Procurement to add tservices to the Contract, if applicable. SUBSTITUTED West side of NW 27th Ave and the edge of NW S River Drive 2300 ft of bank Public Access During any improvement, safe access shall be provided by the Successful Bidde . to the entrances of all residences and business establishments. The methods used to allow access will be . termined by the Successful Bidder(s) with the approval of the City's Project Manager or designee. Maintenance of Established Landscaping Existing trees on private property and in the public right of way are to be .rotected while work is in progress. Trimming of trees is not allowed without prior approval of the City's roject Manager. Removal of trees are on an as needed basis and shall be requested by the Project Manager. any replacements are needed/requested, the replacements shall be of equal or better quality. All replacem- tree, ground covering/plant material shall be quoted and be approved, in writing, prior to replacement. VI. INSPECTION PROCESS Once services are completed, the Successful Bidder( may be required to take pictures to submit with any invoices. In addition, the Successful Bidder(s) shall • mediately email and call the City's Project Manager to advise that the service area was completed. VII. INVOICING Successful Bidder(s) shall provide invoi' s with pictures no later than the 5th of the month for the previous month's services. Submitting invoices er than the specified date may cause delays in payment. On the invoice the Successful Bidder(s) shall provi : A. Date(s) of services B. Area(s) of services C. Contract number ( ntract No. 1575386) D. List of services c' pleted E. Pricing F. Supporting $ .cumentation such as invoices providing costs for additional services (trees, etc.) G. Payment t, subcontractors and/or suppliers with corresponding release of liens forms and affidavits if applica. . ATTACHMENT A SUBSTITUTED INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR agrees to provide and maintain throughout the life of this co Vendor/Contractor's expense insurance coverage outlined herewith as applicable insurin related to the contract and any extensions thereof. Workers Compensation and Employers Liability ract and at I operations Statutory and subject to the Laws of the State of Florida. This coverage prot is against lawsuits stemming from workplace accidents. It provides for medical care to injured emplees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on c. pany property or the property of a customer. It compensates an injured person or owner of proper for injuries and property damages, and the cost of defending lawsuits, including legal settlements or vestigations. This policy also covers claims resulting from products exposures, libel, slander, copyrig infringement and other personal and advertisement injuries. Commercial Automobile Liabi Y It protects against liability, no fa , medical payments, uninsured and underinsured motorists claims, collision and other than collisio .hysical damage. In addition, this policy affords coverage on autos that are hired or borrowed or no' owned for use in the business. The non -owned can be autos owned by employees or members of - eir households. Non Owned Auto osures can be endorsed or added under the Commercial General Liability Policy. SUBSTITUTED Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, fina al advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the fin cial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm -. a client due to incompetence, errors or negligence. Umbrella Liability It protects against liability and losses after primary insurance ben s have been exhausted. This supplemental coverage kicks in only after the underlined liability ' .licies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of inju - or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed cover both property and liability risks. Directors and Officers Liability This coverage protects against claims om stockholders, employees and clients that are also aimed individually at directors and officers. ese claims typically stem from errors in judgement, breaches of duty and wrongful acts in connecti• with company business. Cyber Liability It protects against cos . of the theft, destruction or unauthorized use of electronic data through computer viruses or network ' trusions. It also adds protection to a business against such costs if a business fails to safeguard anoth: party's electronic data. Companies sharing data outside their internal network benefit from this cove :ge Commercial Property It protects against claims or damages to the insured's buildings, business personal property and .ersonal property of others. It can also provide for loss of business income coverage or extra expen s incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a v iety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, com.. er fraud, kidnapping and extortion. Crime insurance also covers money and securities against dam. _e or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or .ther structures during their construction. Any party with a financial interest in a construction, remode Surety Bonds g, or repair project benefits from this coverage. Surety bonds are three party contracts. T principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety com•:ny. The bond provides capital to guarantee the obligation will be performed. The obligee is the part at receives the benefit of the bond If the obligation is improperly performed. Valuable Papers It pays for the cost to r- onstruct damaged or destroyed valuable papers and records. Typically is defined to include almost al orms of printed documents or records with the exception of money or securities, and data and me.: which is usually excluded. Additi al Requirements The endor/Contractor must furnish the City of Miami, Department of Procurement, and Risk M. agement located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City SUBSTITUTED to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additio insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in t event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages mus .e borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waiv their rights of subrogation against the City of Miami, its employees, elected officials, agents, or rep sentatives. The coverages and limits furnished by Vendor/Contractor in no way limit t liabilities and responsibilities specified within the Contract or law. Vendor/Contractor's Any insurance or self-insurance programs maintained by the City of M' i shall not contribute with insurance provided by the Vendor/Contractor under the Contract. The required insurance to be carried is not limited by any limitatis expressed in the indemnification language in this Contract or any limitation placed on the indem y in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liabili company, the insurance policies must name the joint venture or Limited Liability Company and ea of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcon- actors to provide the insurance required herein. All subcontractors are subject to the same otherwise specified in this Contract. ance requirements of the Vendor/Contractor unless If the Vendor/Contractor or subcontrac .r desire additional coverages, the party desiring the additional coverages is responsible for the acqui ' ion and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk agement Department maintains and reserves the right to modify, delete, alter or change these re. rements. I Attachment B: Reference Submittal Form IFB 1704386 - Canal Cleaning Services FIRM NAME: Reference Section 2.12 Summarized Requirements: Refer to the details in Section 2 Special Conditi • s to verify that the information provided will suffice as proof of meeting the requirements ' this solicitation. Past Performance Reference Check #1 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Date of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Co' ract, etc.): Past Performance Reference Check #2 Company/Organization Name: Address: Contact Person: Contact Phone Number and Email: Contact E-mail (if applicable): Date of Contract or Sale: Prime or Subcontractor: Other (Description of S- ice, Total dollar value of Contract, etc.): Past Performance eference Check #3 Company/Organi -tion Name: Address: Contact P_ on: Contac 'hone Number and Email: Co :ct E-mail (if applicable): P : to of Contract or Sale: Prime or Subcontractor: Other (Description of Service, Total dollar value of Contract, etc.): POLICY NUMBER: APM- 2-19 DATE: March 26, 2019 ISSUED BY: Emilio T. Gonzalez, Ph.D. Citv/1GI nager/Desi SIGNATURE CITY OF MIAMI ADMINISTRATIVE POLICY REVISIONS REVISED DATE OF SECTION REVISION Created 3/26/19 SUBJECT: ELIMINATING THE PROCESS OF CURING DOCUMENTS SUBMITTED IN RESPONS QUALIFICATIONS (RFQ), REQUEST REQUESTS FOR LETTERS OF INTERES BIDS (IFB), INVITATION TO BID (IT (ITQ), AND REQUEST FOR SPONSO 6, 2019 PURPOSE: SUBSTITUTED IGULARITIES IN TO REQUEST FOR F ' PROPOSALS (RFP), RFLI), INVITATION FOR INVITATION TO QUOTE HIP (RFS) EFFECTIVE MAY To improve the procurement solicitation process ' order to provide internal and external customers with a more efficient and effective procurement of _oods and services for the City of Miami. This APM establishes guidelines that eliminate the proc- s of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, IT I , ITQs and RFS. BACKGROUND: Currently, the Department of Pro' d rement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregul ities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs Ps, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the i epartment of Innovation and Technology ("DoIt"), Procurement has identified the process of curing a he cause of significant delays in formal solicitation process. When proposals and bids require a cure, P +curement sends out a "Notice to Cure" to Proposers and Bidders who are then given additional time to ' .rrect, complete, and re -submit the required documents. The process of curing is time intensive and d:. ys the procurement of necessary goods and services for the City; it prolongs the due diligence rev' . period and it stalls and delays the evaluation and selection process, resulting in the extension o ime between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award da SUBSTITUTED City of Miami APM 2-19 Elimination of Curing Irregularities in Documents Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating du diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a co .n procurement industry practice to allow cures. Other local public agencies such as Miami -Dade Count and the Miami -Dade County Public School System do not presently allow cures in such similar instanc GUIDELINES: Procurement will only review and evaluate proposals and bids that have been de: ed responsive. Responsive bids and proposals responses are defined by our Procurement ' ode.1 Prospective Proposers and Bidders should understand that non -responsive proposals or bids wi ot be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet th- inimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or ' S as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are ot waivable. Proposals and bids submitted with deficiencies, irregularities, omissio r ., and/or technicalities that deviate from the minimum qualifications and/or submission requirements .r RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non -responsive determination. The . lowing list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omis• ons, and/or technicalities that shall result in a non -responsive determination for any solicitation issued • or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotared forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer .r Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project exper' nce, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall dee uch proposal or bid non -responsive. The City, at its sole discretion, reserves the right to waive min • deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technic. ties may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. s . stantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be c - d by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please se elow an excerpt from State of Florida procurement instructions which discuss the difference in . in language between material and minor variances. Responsive bidder, propos' , offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or res onse which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 21 2 WL 1155290 (F1a.Div.Admin.Hrgs.) Mandato ' es onsiveness Re i uirements: Terms, conditions or requirements that must be met by the proposer . be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the res ► • nsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet ma . atory responsiveness requirements will not be evaluated. 2 SUBSTITUTED City of Miami APM 2-19 Elimination of Curing Irregularities in Document, Submitted for RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS 1.15 Material Deviations: The Department has established certain requirements with respect to propos to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this P indicates a requirement or condition which may not be waived by the Department except wh- e any deviation therefore is not material. A deviation is material if, in the Department's sole dis -tion, the deficient response is not in substantial accord with this RFP's requirements, provides an adv . tage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or q ity of items or services proposed, or on the cost to the Department. Material deviations cannot be wai - d and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply s definition liberally in reviewing responses in regard to service delivery. 1.16 Minor Irregularity: A variation from the RFP terms and conditions ich does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed b he other proposers or does not adversely impact the interests of the Department. Title: CANAL CLEANING SERVICES IFB No.: List of Subcontractors Completion of Form 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 Licenses % of Work Note: 1. The work performed by Subcontractor(s) listed cannot eq more than fiftenn percent (15%) of the total work for the Contract. 2. The foregoing list of Subcontractors may not be ame d after award of the Contract without the prior written approval of the City's Project Manager identified in the Solicitatio whose approval will not be unreasonabley withheld. Name of Proposer: Name of Individual Completin rm: Date: Signature: SUBSTITUTED I IFB 1704386 Canal Cleaning Services Attachment E - Classification 1 - Federally Funded Projects Price Sheet *complete this sheet while in excel. Spreadsheet automatically total. ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE OTAL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $0.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $0.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUAR ' - LY $0.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 ONTHLY $0.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) SEMI-$0.00 ANNUALLY 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $0.00 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right o way and surface waters 12 MONTHLY $0.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas ' in the canal right of way and surface waters 12 MONTHLY $0.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using - ..roved weed control chemical treatment method 4 QUARTERLY $0.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water s -ce of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $0.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction •.s, branches, water weeds, etc.) 2 SEMI- ANNUALLY $0.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (sho. , g carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $0.00 13 Seybold Canal - collecting litter, trash and debris in the banks and upla • -reas within the canal right of way and surface waters 12 MONTHLY $0.00 14 Seybold Canal - mowing and trimming all overgrown vegetation ' . e banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 15 Seybold Canal - removal and disposal of any vegetatio ..struction (logs, branches, water weeds, etc.) 2 SEMI-$0.00 ANNUALLY 16 Comfort Canal - collecting litter, trash and debris i . e banks and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 17 Comfort Canal - mowing and trimming all •-rgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 18 Comfort Canal- spraying the bank . upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $0.00 19 Comfort Canal - spraying t - aterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved = , al 6 EACH $0.00 20 Comfort Canal - re• •val and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$0.00 ANNUALLY 21 Comfort C- ' - - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI ANNUALLY $0.00 22 Ade Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface w -rs 16 EACH $0.00 23 - demar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 1 SUBSTITUTED 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$0.00 ANNUALLY 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH 0 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$0.00 ANNUALLY 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHL $0.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MHLY $0.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) SEMI-$0.00 ANNUALLY 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within th= anal right of way and surface waters 12 MONTHLY $0.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweed etc.) 2 SEMI-$0.00 ANNUALLY 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, applianc--, boats, furniture, etc.) 2 SEMI- ANNUALLY $0.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and u. - d areas within the canal right of way and surface waters 12 MONTHLY $0.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown vegetati• in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 40 Bayfront of Rickenbacker Causeway - removal and disposal of any vegetati• obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and de. in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 42 Lawrence Waterway and Swell Canal - mowing and trimmin. - overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 43 Lawrence Waterway and Swell Canal - spraying the . s or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $0.00 44 Lawrence Waterway and Swell Canal - remov and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 45 Lawrence Waterway and Swell Canal -moval and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $0.00 46 Lawrence Waterway, Seawa ortion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $0.00 47 Lawrence Waterway, S-= all Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a one ..at Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot -deep - Ivanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is bro or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $0.00 48 Waterfr. • of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal right - way and surface waters 12 MONTHLY $0.00 49 erfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 2 SUBSTITUTED I/ 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY • $0.00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY 0.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $0.00 54 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY $0.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTERL $0.00 56 Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SE A ALLY $0.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 ONTHLY $0.00 58 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters QUARTERLY $0.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal right • way and surface waters 12 MONTHLY $0.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland area ithin the canal right of way and surface waters 4 QUARTERLY $0.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches • -aweeds, etc.) 2 SEMI ANNUALLY $0.00 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland ar -s within the canal right of way and surface waters 12 MONTHLY $0.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in th= .anks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation ob ction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 66 Waterfront of Legion Park - collecting litter, trash and debris in the ban• - and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 67 Waterfront of Legion Park - mowing and trimming all overgrow -getation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 72 Waterfront of Legion Park - removal and disposal of a• • vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $0.00 73 Waterfront of Miami River (along NW South Riv- •rive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within • canal right of way and surface waters 12 MONTHLY $0.00 74 Waterfront of Miami River (along NW S. River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks a • pland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 75 Waterfront of Miami River (along , South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (lo.., .ranches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 76 Waterfront of Fern Isle Pa - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface water 12 MONTHLY $0.00 77 Waterfront of Fer - e Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of w- • and surface waters 4 QUARTERLY $0.00 78 Waterfro • Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 79 Inst- = ion of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City . ineer. 1 EACH $0.00 80 -emoval of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $0.00 3 I SUBSTITUTED I 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $0.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $0.00 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $0 I0 84 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $0.00 85 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $0.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EAC. $0.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 ACH $0.00 88 Shade Tree and Stump Removal 15'-40' overall height 1 EACH $0.00 89 Shade Tree and Stump Removal 41'-60+' overall height 1 EACH $0.00 90 Palm Tree and Stump Removal 0'-15' overall height EACH $0.00 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $0.00 92 Palm Tree and Stump Removal 41'-60+' overall height 1 EACH $0.00 93 Shade Tree Pruning 0'-15' overall height 1 EACH $0.00 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $0.00 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $0.00 96 Palm Tree Pruning 0'-15' overall height 1 EACH $0.00 97 Palm Tree Pruning 16'-40' overall height 1 EACH $0.00 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $0.00 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 4 IFB 1704386 Canal Cleaning Services I SUBSTITUTED I Attachment F - Classification 2 - Non -Federally Funded Projects Price Sheet *complete this sheet while in excel. Spreadsheet automatically total. ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE OTAL ITEM COST 1 Wagner Creek North Canal - collection of litter, trash and debris in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $0.00 2 Wagner Creek North Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and shallow surface waters 12 MONTHLY $0.00 3 Wagner Creek North Canal - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 4 QUART. Y $0.00 4 Wagner Creek North Canal spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 6 ONTHLY $0.00 5 Wagner Creek North Canal - removal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI-$0.00 ANNUALLY 6 Wagner Creek North Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $0.00 Wagner Creek South Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 8 Wagner Creek South Canal - mowing and trimming all overgrown vegetation in the banks and upland areas v./n the canal right of way and surface waters 12 MONTHLY $0.00 9 Wagner Creek South Canal - spraying the banks or upland areas within the canal right of way, using a• . oved weed control chemical treatment method 4 QUARTERLY $0.00 10 Wagner Creek South Canal - spraying the waterways for vegetation growth below the water su r - e of the canal with Sonar Herbicide, or approved equal 6 BI-MONTHLY $0.00 11 Wagner Creek South Canal - the removal and disposal of any vegetation obstruction (lo• -, branches, water weeds, etc.) 2 SEMI- ANNUALLY $0.00 12 Wagner Creek South Canal - the removal and disposal of any obstruction (shop. g carts, tires, appliances, boats, furniture, etc.) 2 SEMI- ANNUALLY $0.00 13 Seybold Canal - collecting litter, trash and debris in the banks and uplan. , eas within the canal right of way and surface waters 12 MONTHLY $0.00 14 Seybold Canal - mowing and trimming all overgrown vegetation in e banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 15 Seybold Canal - removal and disposal of any vegetation • .struction (logs, branches, water weeds, etc.) 2 SEMI-$0.00 ANNUALLY 16 Comfort Canal - collecting litter, trash and debris in - banks and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 17 Comfort Canal - mowing and trimming all ov- •rown vegetation in the banks and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 18 Comfort Canal- spraying the banks • pland areas within the canal right of way, using approved weed control chemical treatment method 4 QUARTERLY $0.00 19 Comfort Canal - spraying the terways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved e. - 6 EACH $0.00 20 Comfort Canal - re ' gal and disposal of any vegetation obstruction (logs, branches, water weeds, etc.) 2 SEMI ANNUALLY $0.00 21 Comfort Ca - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI-$0.00 ANNUALLY 22 Adem- anal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface wa - 16 EACH $0.00 23 •emar Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 1 I SUBSTITUTED I 24 Ademar Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 25 Ademar Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$0 ANNUALLY 26 Davis Canal - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 16 EACH $0.00 27 Davis Canal - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 28 Davis Canal - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 29 Davis Canal - removal and disposal of any obstruction (shopping carts, tires, appliances, boats, furniture, etc.) 2 SEMI-$0.00 ANNUALLY 30 NE 28th Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 MONT • $0.00 31 NE 28th Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 12 • NTHLY $0.00 32 NE 28th Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 33 NE 28th Street Cove - removal and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI-$0.00 ANNUALLY 34 NE 20-21st Street Cove - collecting litter, trash and debris in the banks and upland areas within the canal right of wa and surface waters 12 MONTHLY $0.00 35 NE 20-21st Street Cove - mowing and trimming all overgrown vegetation in the banks and upland areas withi e canal right of way and surface waters 12 MONTHLY $0.00 36 NE 20-21st Street Cove - removal and disposal of any vegetation obstruction (logs, branches, seawe s, etc.) 2 SEMI-$0.00 ANNUALLY 37 NE 20-21st Street Cove - removal and disposal of any obstruction (shopping carts, tires, appli- • es, boats, furniture, etc.) 2 SEMI- ANNUALLY $0.00 38 Bayfront of Rickenbacker Causeway - collecting litter, trash and debris in the banks and • and areas within the canal right of way and surface waters 12 MONTHLY $0.00 39 Bayfront of Rickenbacker Causeway - mowing and trimming all overgrown veget- .n in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 40 Bayfront of Rickenbacker Causeway - removal and disposal of any veget- ..n obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 41 Lawrence Waterway and Swell Canal - collecting litter, trash and . - .ris in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 42 Lawrence Waterway and Swell Canal - mowing and trimmi - all overgrown vegetation in the banks, swales and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 43 Lawrence Waterway and Swell Canal - spraying the ,-nks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY $0.00 44 Lawrence Waterway and Swell Canal - rem. = and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 45 Lawrence Waterway and Swell Cana emoval and disposal of any obstruction (shopping carts, tires, appliances, furniture, etc.) 2 SEMI- ANNUALLY $0.00 46 Lawrence Waterway, Seaw- 'ortion - pressure clean a total of 144 existing concrete bollards and the seawall area 1 EACH $0.00 47 Lawrence Waterway, -wall Portion - pressure clean and paint a total of 144 existing concrete bollards. Paint to be used calls for a on oat Thoroseal #8532, or approved equal. This item includes maintenance and welding of 1,400 feet of hot-dee..alvanized 3/8" anchor chain, 10 ft. in length, as per detail on Division 5. In addition, if the concrete finish is bro, or damaged, apply ACI 301, to a smooth form finish before painting 1 EACH $0.00 48 Waterfr. of Antonio Maceo Park - collecting litter, trash and debris in the banks and upland areas within the canal righ way and surface waters 12 MONTHLY $0.00 49 I - erfront of Antonio Maceo Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 2 I SUBSTITUTED xn nn 50 Waterfront of Antonio Maceo Park - spraying the waterways for vegetation growth below the water surface of the canal with Sonar Herbicide, or approved equal 4 QUARTERLY $0 .00 51 Waterfront of Antonio Maceo Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 52 Waterfront of Antonio Maceo Park - spraying the banks or upland areas within the canal right of way, using approved weed control chemical treatment method 2 SEMI- ANNUALLY 0.00 53 Furnishing all labor, material and equipment necessary for the removal of seaweed and hydrilla from all the canals and waterways including the Biscayne Bay areas, as directed by the City Engineer. Use of a weed harvester such as a Kelpin 800 Model, or approved equal REQUIRED. 2 EACH $0.00 54 Waterfront of Margaret Pace Park - collecting litter, trash and debris in the banks and upland areas within the right of way and surface waters 12 MONTHLY $0.00 55 Waterfront of Margaret Pace Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the shore right of way and surface waters 4 QUARTERLY $0.00 56 Waterfront of Margaret Pace Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SE ) ANC ALLY $0.00 57 Waterfront of Pallot Park - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface waters 12 ONTHLY $0.00 58 Waterfront of Pallot Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of way and surface waters QUARTERLY $0.00 59 Waterfront of Pallot Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 60 Waterfront of Kennedy Park - collecting litter, trash and debris in the banks and upland areas within the canal right •12 way and surface waters MONTHLY $0.00 61 Waterfront of Kennedy Park - mowing and trimming all overgrown vegetation in the banks and upland area ithin the canal right of way and surface waters 4 QUARTERLY $0.00 62 Waterfront of Kennedy Park - removal and disposal of any vegetation obstruction (logs, branches -aweeds, etc.) 2 SEMI-$0.00 ANNUALLY 63 Waterfront of Morningside Park - collecting litter, trash and debris in the banks and upland a - =s within the canal right of way and surface waters 12 MONTHLY $0.00 64 Waterfront of Morningside Park - mowing and trimming all overgrown vegetation in t - .anks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 65 Waterfront of Morningside Park - removal and disposal of any vegetation o. • uction (logs, branches, seaweeds, etc.) 2 SEMI ANNUALLY $0.00 66 Waterfront of Legion Park - collecting litter, trash and debris in the ba - and upland areas within the canal right of way and surface waters 12 MONTHLY $0.00 67 Waterfront of Legion Park - mowing and trimming all overgrow. .egetation in the banks and upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 72 Waterfront of Legion Park - removal and disposal of - , . vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 73 Waterfront of Miami River (along NW South Riv- (rive west of NW 27 Ave to NW 29 Ave) - collecting litter, trash and debris in the banks and upland areas within - canal right of way and surface waters 12 MONTHLY $0.00 74 Waterfront of Miami River (along NW S• . River Drive west of NW 27 Ave to NW 29 Ave) - mowing and trimming all overgrown vegetation in the banks a.. upland areas within the canal right of way and surface waters 4 QUARTERLY $0.00 75 Waterfront of Miami River (alon. ' f South River Drive west of NW 27 Ave to NW 29 Ave) - removal and disposal of any vegetation obstruction (I.-, branches, seaweeds, etc.) 2 SEMI- ANNUALLY $0.00 76 Waterfront of Fern Isle P- - collecting litter, trash and debris in the banks and upland areas within the canal right of way and surface wate 12 MONTHLY $0.00 77 Waterfront of Fer• le Park - mowing and trimming all overgrown vegetation in the banks and upland areas within the canal right of , . and surface waters 4 QUARTERLY $0.00 78 Waterfro. of Fern Isle Park - removal and disposal of any vegetation obstruction (logs, branches, seaweeds, etc.) 2 SEMI-$0.00 ANNUALLY 79 Ins ation of one (1) Type I Turbidity Barrier 50 FT in length, at any waterway location in the City, as directed by City gineer. 1 EACH $0.00 8I Removal of one (1) turbidity barrier 50 FT in length, at any location in the City, as directed by the City Engineer. 1 EACH $0.00 3 SUBSTITUTED I/ 81 Removal of Litter at any outfall or Bay areas - removal by hand of litter buried at outfall ends in the waterway bottom of the shore and at 30 feet of the shoreline. 1 TON $0.00 82 Removal and disposal of dead animals; removal and disposal of fish due to a fish kill or a pollution event. 1 TON $0.0 83 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, up to 7" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH 0.00 84 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 8" to 20" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $0.00 85 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, 21" to 35" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 EACH $0.00 86 Furnishing all labor, material and equipment for the complete removal and disposal of one (1) overgrown tree, more than 36" d.b.h. in diameter, located in the banks or upland areas within the canal right of way or the waterway of any of the canals 1 ACH $0.00 87 Shade Tree and Stump Removal 0'-15' overall height 1 EACH $0.00 88 Shade Tree and Stump Removal 15'-40' overall height EACH $0.00 89 Shade Tree and Stump Removal 41'-60+' overall height 1 EACH $0.00 90 Palm Tree and Stump Removal 0'-15' overall height 1 EACH $0.00 91 Palm Tree and Stump Removal 16'-40' overall height 1 EACH $0.00 92 Palm Tree and Stump Removal 41'-60+' overall height 1 EACH $0.00 93 Shade Tree Pruning 0'-15' overall height 1 EACH $0.00 94 Shade Tree Pruning 16'-40' overall heigh 1 EACH $0.00 95 Shade Tree Pruning 41'-60+' overall height 1 EACH $0.00 96 Palm Tree Pruning 0'-15' overall height 1 EACH $0.00 97 Palm Tree Pruning 16'-40' overall height 1 EACH $0.00 98 Palm Tree Pruning 41'-60+' overall height 1 EACH $0.00 99 SPECIAL PROVISION = Contingency Allowance $100,000.00 TOTAL $ 100,000.00 4 SUBSTITUTED CITY OF MIAMI LOCAL OFFICE CERTIFICATI (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: Solicitation Title: (i.e. IFQ/IFB/RFP/RFQ/RFLI No 23456) N (Bidder/Proposer) hereby certifies complice with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of t amended. City of Miami, Florida, as Local office means a business within the city which meets all of the followi criteria: (1) Has had a staffed and fixed office or distribution point, operng within a permanent structure with a verifiable street address that is located within the corporate limi of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were eived for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full me, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether . s a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be . fficient to constitute a local office within the city; (2) If the business is located in the permanent strucI e pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been i effect for no less than the twelve (12) months immediately preceding the date bids or proposals were re ived, and be available for review and approval by the chief procurement officer or its designee; for rece • y-executed leases that have been in effect for any period less than the twelve (12) months immediately prec: ding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the ty that documents, in writing, continuous business residence within the corporate limits of the city for a term .f no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be . cceptable to satisfy the requirements of this section, and shall be available for review and approval by the chie •rocurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment . ocumentation in writing that documents local office tenancy shall be available for review and approval by the ief procurement officer or its designee; (3) Has had, for a m mum of twelve (12) months immediately preceding the date bids or proposals were received for the purase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if . .licable; and (4) Has had or a minimum of twelve (12) months immediately preceding the date bids or proposals were received f the purchase or contract at issue, any license or certificate of competency and certificate of use require, •y either the city or Miami -Dade County that authorizes the performance of said business operations; and Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be ligible 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 SUBSTITUTED PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES NO ❑ ❑ If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? N/A ❑ YES ❑ NO ❑ Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: Cite Exemption: NO Exempt ❑ YES ❑ Miami -Dade Cou Cite Exempti : ❑ YES ❑ NO ❑ Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes t performance of Bidder/Proposer's busi ss operations? YES NO ❑ ❑ Bidder/Proposer's signature be d w certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Secti i 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Pro ' •ser Authorized Representative) Signature 2 FORM -City of Miami Local Office Certification 7/22/2013 Date SUBSTITUTED STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida (Name of Nota T • ed Printed Stam . ed Personally Known OR Produced Identif tion Type of Identification Produced 3 FORM -City of Miami Local Office Certification 7/22/2013 ATTACHMENT H SUBSTITUTED CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congr , or an employee of a Member of Congress in connection with the awarding of any F-.eral contract, the making of any Federal grant, the making of any Federal loan, the -ntering into of any cooperative agreement, and the extension, continuation, renewa amendment, or modification of any Federal contract, grant, loan, or coop- .tive agreement. 2. If any funds other than Federal appropriated funds have been paid or - ill be paid to any person for influencing or attempting to influence an officer or empl., -e of any agency, a Member of Congress, an officers or employee of Congress, or a mployee or a Member of Congress in connection with this Federal contract, ' ant, loan, or cooperative agreement, the undersigned shall complete and submit Sta ard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructi• s. 3. The undersigned shall require that the language of this ' -rtification be included in the award documents for all subawards at all tiers (includ g subcontracts, subgrants, and contracts under grants, loans, and cooperative agro ments) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact ',.n which reliance was placed when this transaction was made or entered into. Submission .f this certification is a prerequisite for making or entering into this transaction imposed 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person ho fails to file the required certification shall be subject to a civil penalty of not less than $10 : 10 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification - d disclosure, if any. In addition, the Contractor understands and agrees that the • .visions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if an Signature of Contractor/ntractor's Authorized Official Name and Tit '. of Contractor/Contractor's Authorized Official SUBSTITUTED ATTACHMENT I - MINIMUM WORK REQUIREMENTS Work RequirementAve Wagner Creek North Wagner Creek South Seybold Canal Comfort Canal Ademar Canal Davis Canal NE 28 Street Canal NE 20-21 Street Cove Rickenbacker Cswy. Lawrence Waterway Margaret Pace Park Antonio Maceo Park Pallot Park Kennedy Park Morningside Park Legion Park Miami River by NW 27 Fern Isle Park Debris Removal/Litter Control X X X X X X X X X X X X X X X X X .dillMowing/Trimming X X X Weed Control/Chemical Treatments X X X X X X X X X X X X X X X X X X X X X X Sonar Spraying Obstruction (Vegetative) Removal X X X X X X X X X X X Xlli.M.Adi.1 Obstruction (All Heavy Materials) Removal Maintenance of Seawall X X X X X X X X X X X XlEEMEI X X X X r X X X X X X X Harvester Installation of Turbidity Barrier Type X X X X X X X X X X X X X X X X X Removal of Turbidity Barrier X X X X X X X X X X X X X X X X X X Removal of Litter at Outfall/Bay Bottom X X X X X X X X X X X X X X X X X Removal of Fish X X X X X X X X X X X X X X X X X X Note: Please see Section 3.1, Specifications/Scope of Work f. . description of the actions listed above. ATTACHMENT J SUBSTITUTED INVITATION FOR BID ("IFB") NO. 1704386 FOR CANAL CLEANING SERVICES CERTIFICATION STATEMENT AFFIRMATION AFFIDAVIT AS PRESIDENT/CEO OF HEREBY DECLARE, AFFIRM, AND CERTIFY THE FOLLOWING STATEMENTS: (1) THE PRINCIPAL(S) OF IS/ARE ;AND (2) NO PRINCIPAL HAS COMMITTED FRAUD OR THEFT, HAS NOT FILED FOR OR BEEN TH .UBJECT OF BANKRUPTCY, HAS BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES, OR BEEN CONVICT UNDER FEDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION O: DESTRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, OR ANY OTHER OFFENSE INDICATING A L" OF BUSINESS INTEGRITY OR BUSINESS DISHONESTY; AND (3) NO COMPANY REPRESENTATIVE OR PERSONNEL HAS COMMITTED FRAU► OR THEFT; SUMMONED TO RESPOND TO CRIMINAL CHARGES OR BEEN CONVICTED UNDER FEDERAL OR STATSTATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR DESTRUCTION OF RECORD RECEIVING STOLEN PROPERTY OR ANY OTHER OFFENSEINDICATING A LACK OF BUSINESS INTEGRITY OR B .INESS DISHONESTY. PURSUANT TO IFB GENERAL TERMS AND CONDITIONS SECTION 1.25 ICH INCORPORATES SECTION 18-107 OF THE PROCUREMENT CODE, ALL CONTRACTS FOR GOODS AND SERVICES .ALES, AND LEASES ISSUED BY THE CITY SHALL INCLUDE A CERTIFICATION THAT NEITHER THE CONTRACTUAL RTY NOR ANY OF ITS PRINCIPAL OWNERS OR PERSONNEL HAVE BEEN CONVICTED OR COMMITTED ANY OF TH' VIOLATIONS SET FORTH IN SECTION 1.25 GENERAL TERMS AND CONDITIONS. IN THE EVENT THAT THE BIDDER IS UNABLE TO PROVIDE S H CERTIFICATION, BUT STILL WISHES TO BE CONSIDERED FOR AWARD OF THIS SOLICITATION, THE BIDDER SHALL F NISH A WRITTEN EXPLANATION OF THE FACTS SUPPORTING ANY EXCEPTION TO THE REQUIREMENT FOR CERTIFICATI THAT IT CLAIMS. THE BIDDER AGREES TO COOPERATE FULLY WITH THE CITY IN ANY INVESTIGATION UNDERTAKEN B ' HE CITY TO DETERMINE WHETHER THE CLAIMED EXCEPTION IS APPLICABLE. I SOLEMNLY DECLARE, AFFIRM, AND CERTIFY TH THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND '. LIEF. (SIGNATURE) (PRINTED NAME) DATE State of Florida County of E OF COMPANY/FIRM) RESIDENT/CEO On this, the day of , 2023, before me personally appeared, , the President/CE • of , known to me (or satisfactorily proven) to be the person who name is subscribed to within this instrument, and acknowledged that they executed the same for the purposes herein containe In wi -ss hereof, I hereunto set my hand and official seal. (SEAL) Notary Public Titu of AtI2ltitt ANNIE PEREZ, CPPO Procurement Director 0 Ill ti �rf t ADDENDUM NO. 1 IFB 1704386 Invitation for Bid TO: ALL PROSPECTIVE BIDDERS "IFB" SUBSTITUTED ARTHUR NORIEGA V City Manager June 23, 2023 Canal Cleanin• Service The following changes, additions, clarifications, and deletions amen. e IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shal •e added. The remaining provisions are now in effect and remain unchanged. Please note the ontents herein, reflect same on the documents you have on hand. A. Attachment J — Affidavit of Responsibility has be deleted in its entirety and replaced with Attachment J (Revised) - Certification Stateme Affirmation Affidavit. B. Exhibit A — IFQ 1704386 — Canal Cleaning S= ices Bid Submittal Checklist is hereby added. ALL OTHER TERMS AND CONDITIONS OF E IFB REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL POION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:tg c. Juvenal Sant a, P.E., Director, Public Works Yadissa A. " alderon, CPPB, Assistant Director of Procurement This Adde um shall be signed by an authorized representative and dated by the Bidder and submitt- as proof of receipt with the submission of the Bid. E OF FIRM: SIGNATURE: 1 DATE: ATTACHMENTJ (Revised) SUBSTITUTED , INVITATION FOR BID ("IFB") NO. 1704386 FOR CANAL CLEANING SERVICES CERTIFICATION STATEMENT AFFIRMATION AFFIDAVIT AS PRESIDENT/CEO OF ("Company"), HEREBY DECLARE, AFFIRM, AND CERTIFY THE FOLLOWING STATEMENTS: (1) THE PRINCIPAL(S) OF IS/ARE ;AND (2) NO PRINCIPAL HAS COMMITTED FRAUD OR THEFT, HAS FILED FOR OR BEEN THE SU:. CT OF BANKRUPTCY, HAS BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES, OR BEEN CONVICTED NDER FEDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION ODESTRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, OR ANY OTHER OFFENSE INDICATING A LAC •F BUSINESS INTEGRITY, GOOD FAITH, OR FAIR DEALING; AND (3) NO COMPANY REPRESENTATIVE OR PERSONNEL HAS COMMITTED FR D OR THEFT; BEEN SUMMONED TO RESPOND TO CRIMINAL CHARGES OR BEEN CONVICTED UNDE FEDERAL OR STATE STATUTES OF EMBEZZLEMENT, THEFT, FORGERY, BRIBERY, FALSIFICATION OR STRUCTION OF RECORDS, RECEIVING STOLEN PROPERTY, OR ANY OTHER OFFENSE INDICATING A LAC •F BUSINESS INTEGRITY, GOOD FAITH, OR FAIR DEALING. PURSUANT TO IFB GENERAL TERMS AND CONDITIONS SECTION 1.2 HICH INCORPORATES SECTION 18-107 OF THE PROCUREMENT CODE, ALL CONTRACTS FOR GOODS AND SERVIC '., SALES, AND LEASES ISSUED BY THE CITY SHALL INCLUDE A CERTIFICATION THAT NEITHER THE CONTRACTUA ARTY NOR ANY OF ITS PRINCIPAL OWNERS OR PERSONNEL HAVE BEEN CONVICTED OR HAVE COMMITTED ANY ' THE VIOLATIONS SET FORTH IN THE REFERENCED IFB GENERAL TERMS AND CONDITIONS SECTION 1.25. IN THE EVENT THAT THE BIDDER IS UNABLE TO PROVIDE ' CH CERTIFICATION, BUT STILL WISHES TO BE CONSIDERED FOR AWARD OF THIS SOLICITATION, THE BIDDER SHALL ' RNISH A WRITTEN EXPLANATION OF THE FACTS SUPPORTING ANY EXCEPTION TO THE REQUIREMENT FOR CERTIFIC ` ON THAT IT CLAIMS. THE BIDDER AGREES TO FULLY COOPERATE WITH THE CITY IN ANY INVESTIGATION UNDERTAKEN THE CITY TO DETERMINE WHETHER THE CLAIMED EXCEPTION IS APPLICABLE. I SOLEMNLY DECLARE, AFFIRM, AND CERTIFY T AT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AN r BELIEF. (SIGNATURE) (PRINTED NAME) DATE State of Florida County of On this, the President/C person w contain ME OF COMPANY) , PRESIDENT/CEO day of , 2023, before me personally appeared, , the of , known to me (or satisfactorily proven) to be the se name is subscribed to within this instrument, and acknowledged that they executed the same for the purposes herein ness hereof, I hereunto set my hand and official seal. (SEAL) Notary Public EXHIBIT A IFB 1704386: CANAL CLEANING SERVICES BID SUBMITTAL CHECKLIST Use this checklist as a reminder to submit all required documents for this solicitation. It is the responsibility of the Bidder to thoroughly read and understand the solicitatio ❑ Certification Statement from IFB 1704386. Completed, signed, and submitted h the bid response. ❑ Certifications. Completed and submitted with the bid response. No blank +aces allowed. ❑ Attachment B — Reference Submittal Form, completed with three diff: ent references. All contact information must be valid. Please check with the agency/cl nt for accurate information, prior to submitting. ❑ Attachment D — Subcontractors. Complete regardless of the will be subcontracting any services. If your firm will not be subcontracting any work, fi he space with N/A, provide your firm's name, date, name of representative, sign, and ret with your bid response. ❑ Attachment E — Classification Type I, Federally Fund-: Projects Bid Price Sheet. Complete and submit this form if your firm is to be considere• or Federally Funded Projects. ❑ Attachment F — Classification Type II, Non -Fed- ally Funded Projects Bide Price Sheet. Complete and submit this form if your firm is .. be considered for Non -Federally Funded Projects. ❑ Attachment H — Certification Regardin• obbying. Must be completed, signed, and submitted with the bid response. ❑ Submit a copy of herbicide and s- ar spraying license as issued by the State of Florida's Department of Agriculture. ❑ A current: a.) Certified General Co actor License from the State of Florida Construction Industry License Board -OR- b.) the appropriate Ctificates of Competency —OR- c.) the State Contr tor's Certificates of Registration as issued by Palm Beach, Broward, Miami -Dade or •nroe County. ❑ Listed on Su' .iz.org as a company registered to do business in the State of Florida for at least the I five (5) consecutive active years at the time of bid response. ❑ Hold t same Federal Employer Identification Number (FEIN) for the last five (5) consecutive year ❑ achment J — Affidavit of Responsibility. Complete, sign and notarize this form to be ubmitted with bid response. Note: Failure to submit required documentation will deem your bid non -responsive. Titu of Airiattti ANNIE PEREZ, CPPO Procurement Director SUBSTITUTED ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 IFB 1704386 July 5, 2023 Invitation for Bid ("IFB"), Canal Cleaning Services TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend captioned IFB and shall become an integral part of the Contract language will be specified herein. Bold words and/or figures shall are now in effect and remain unchanged. Please note the documents you have on hand. e IFB documents of the above cuments. Deletions of contract added. The remaining provisions ntents herein, reflect same on the A. The closing date for this solicitation has been cha a ed to July 14, 2023 at 4:OOPM. ALL OTHER TERMS AND CONDITIONS OF THE I' : REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTIO OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:tg c. Juvenal Santa P.E., Director, Resilience and Public Works Yadissa A. C deron, CPPB, Assistant Director of Procurement This Add- dum shall be signed by an authorized representative and dated by the Bidder and submitt= • as proof of receipt with the submission of the Bid. E OF FIRM: SIGNATURE: 1 DATE: Iit 4tF[itrn i ANNIE PEREZ, CPPO Procurement Director SUBSTITUTED ARTHUR NORIEGA V City Manager ADDENDUM NO. 3 IFB 1704386 July 11, 2023 Invitation for Bid ("IFB"), Canal Cleaning Services TO: ALL PROSPECTIVE BIDDERS The following changes, additions, clarifications, and deletions amend t, - IFB documents of the above captioned IFB and shall become an integral part of the Contract 1 •cuments. Deletions of contract language will be specified herein. Bold words and/or figures shall b added. The remaining provisions are now in effect and remain unchanged. Please note the tents herein, reflect same on the documents you have on hand. A. The following are responses to questions posed to e City: Q1. Do federally funded projects need to be bonded via performance bond? Al. Yes. Federally funded projects will require a per •rmance bond upon assignment of said federally funded project at the time of a declared emergenc Q2. Regarding tree removal, Where are the items located and with what frequency will they be required to be carried out. Will they be done (1) single tree/palm or will a group (x) of trees/palms be done per request? A2. All trees/palms to be removed will be •cated on the canal bank. The removal will be with a "no fee" permit. The frequency will be as -need =4 basis. The removal will be paid per single tree/palm. Q3. Presently all Trees/Palms are mmed or pruned - Stumps treated, cut or grinded on an as needed basis at no additional cost other an actual work scopes/prices detailed on Items 1 through 4 of the IFB 977382 Canal Cleaning -rvices. Why is there a need to re -write the services already being provided? A3. By itemizing tree/pal emoval we are keeping track of the amount of trees removed/trimmed in the canal areas. Q4. During the Jun= :th Commissioners meeting, one of the commissioners indicated that when he drives by to work e ry day, he sees dirty canals. Are there any photographs indicating such conditions? Are these canal ithin the existing contract? If so, which canals are they? A4. Specific i •rmation or photos of the referenced "dirty" canals is not available. Further inspections will be cond ted to identify such canal(s) and address with the canal cleaning contract or if the canal is not und= City jurisdiction it will be referred to the respective maintaining agency. Q5. F• such reason, as stated by the commissioner, the approval of the contract for Solicitation # 157 86 was postponed so that additional work scopes or a need for additional contractors could be di ussed between the commissioners and the company to whom the contract was to be awarded. eetings were requested with all (5) commissioners on June 8th. Two of the commissioners arranged and set up dates for meetings, the other three never responded to our request for meetings and in the 1 SUBSTITUTED time lapsing, the contract to be awarded was cancelled in its totality and this new IFB was urgently issued. Why? A5. Pursuant to Miami City Code Section 18-85, "All bid awards in excess of $50,000.00 must approved by the City Commission upon recommendation by the City Manager. The decision of the r ity Commission shall be final." "The City Commission or the City Manager shall have the authority to ject any or all bids or portions of bids, or to negotiate with the lowest bidder for better pricing." Q6. For what reason was the contract for Solicitation # 1575386 cancelled and a new IF: - 1704386 issued if the reasons mentioned by the commissioner were not indicative or pertained to e contract to be awarded? A6. At the June 8, 2023, City Commission Meeting, the City Commission rejected by - received for IFB 1575386 for Canal Cleaning Services. The City Commission discussion regarding genda Item "RE.4" can be found at the following link: June 8 Commission Meeting. Q7. It was indicated during the Prebid meeting on 6/27/23 that the two lowes •idders would be selected for the contract. Are these to be the Primary Contractor and a Second - - Contractor or are the two contractors expected to carry out the scope of work simultaneously? A7. Pursuant to Section 2.6, Method of Award, for Classification ype 2, Non -Federally Funded Projects shall be awarded to the two (2) lowest responsive and resp• sible Bidders who bid on all items on the price sheet. Services areas shall be assigned to the Succ=.sful Bidder(s) via work orders at the City's sole discretion, based upon the needs of the City. In the - -nt that there is a sole responsive and responsible Bidder, the City at its sole discretion may award - I services areas to the sole responsive and responsible Bidder. ALL OTHER TERMS AND CONDITIONS OF THE I. = REMAIN THE SAME. THIS ADDENDUM IS AN ESSENTIAL PORTIOOF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:tg c. Juvenal Santana, P.:., Director, Public Works Yadissa A. Calder• , CPPB, Assistant Director of Procurement This Addendum all be signed by an authorized representative and dated by the Bidder and submitted as p .of of receipt with the submission of the Bid. NAME O' FIRM: DATE: SIG TURE: 2