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4r1l South~iami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT liVING To: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager February 20, 2018 Agenda Item No.: ,~ A Resolution authorizing the City Manager to enter into multi-year agreement with Metro Express, Inc., by piggybacking onto its agreement with the City of Miami Gardens. To address public safety concerns, it is the City's intent to perform sidewalk replacement in various locations to eliminate tripping hazards City wide. An extensive inspection of sidewalks was conducted to identify cracks or broken sidewalks as well as uplifted due to the root growth of a tree. The City desires to piggyback onto its agreement with the City of Miami Gardens agreement with Metro Express, Inc., to perform the sidewalk replacement. Metro Express, Inc., was awarded the contract as a result of a competitive solicitation. The contract with Metro Express, Inc., including all extensions, shall not exceed three (3) consecutive years. The commencement of sidewalk replacement needs to be implemented immediately. CIP has allocated $20,000 in the budget for Fiscal Year 2018 and will continue to allocate funds in future years until all the sidewalk replacement are completed subject to the appropriation of funds. It is the intent of this contract to perform as much replacement as needed without exceeding the fund appropriation for the current Fiscal Year. It is anticipated that the full allocated budget will be utilize during each fiscal year. Amount not to exceed $20,000 per Fiscal Year. FUND & ACCOUNT: The expenditure shall be charged $20,000 to the Peoples Transportation Fund account number 124-1730-541-6490 which has a balance of $ 645,045 before this request was made. AnACHMENTS: Resolution Metro Express Inc., Piggyback Agreement Resolution No. 2017-28-3133 of the City Council of the City of Miami Gardens 1 RESOLUTION NO: -,-____ _ 2 A Resolution authorizing the City Manager to enter into multi-year 3 agreement with Metro Express, Inc., by piggybacking onto its agreement 4 with the City of Miami Gardens. 5 WHEREAS, the City wishes to replace sidewalks that are cracked, broken or uplift 6 to eliminate tripping hazards within the City; and 7 WHEREAS, the City desires to piggyback onto the City Miami Gardens agreement 8 with Metro Express, Inc. for sidewalk replacement and installation; and 9 WHEREAS, in accordance with City Charter, the agreement with Metro Express, 10 Inc., was competitively solicited by the City of Miami Gardens; and 11 WHEREAS, it is the opinion of City staff that the pricing contained in the Metro 12 Express, Inc. agreement is fair and reasonableness; and 13 WHEREAS, the contract with Metro Express, Inc., including all extensions will be 14 effective up to the next three (3) years; and 15 WHEREAS, the expense for this project shall be charged to the Peoples 16 Transportation Tax Account 124-1730-541-6490 with a balance of $645,045 prior to this 17 request. 18 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI, FLORIDA; 20 Section 1. The City Manager is hereby given authority to enter into multi-year 21 agreement up to three (3) years with Metro Express, Inc., piggybacking onto its 22 agreement with the City of Miami Gardens. A copy of the agreement is attached. 23 Section 2. Severability. If any section, clause, sentence, or phrase of this 24 resolution is for' any reason held invalid or unconstitutional by a court of competent 25 jurisdiction, this holding shall not affect the validity of the remaining portions of this 26 resolution. 27 Section 3. Effective Date: This resolution shall take effect immediately upon 28 enactment. 29 30 31 32 33 34 PASSED AND ADOPTED this _ day of ____ " 2018. ATIEST: APPROVED: CITY CLERK MAYOR Page 1 of2 35 36 37 38 39 40 41 42 43 READ AND APPROVED AS TO FORM, lANGUAGE, lEGALITY AND EXECUTION EXECUTION THEREOF CITY ATTORNEY Page 2 of2 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner: Liebman: Commissioner Gil: CONTRACT FOR SIDEWALK REPLACEMENT & INSTALLATION A J ·olg~· TIDS AGREEMENT made and entered into this __ day of ,~~ and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and Metro Express. Inc., (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the City of Miami Gardens solicited bids pursuant to ITB No. 15-16- 039(A), for SIDEWALK REPLACEMENT & INSTALLATION; and WHEREAS, the City of Miami Gardens, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the City of Miami Gardens Contract with Contractor; and WHEREAS, the City is authorized, pursuant to the City of South Miami's Charter, to piggyback off of contracts, such as the contract in question between City of Miami Gardens and Contractor, that were entered into in accordance with a solicitation process that is at least as vigorous as that of the City of South Miami; and NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same provisions as set forth in the contract between City of Miami Gardens . and Contractor pursuant to ITB No. 15-16-039(A), as modified by this Agreement. 2. The City has reviewed the contract between City of Miami Gardens and Contractor and agrees to the provisions of that contract which shall be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made during the term of this Agreement, under the same price( s), terms and conditions as found in the solicitation documents, the response to the solicitation, and the Agreement/Contract and/or the Award, pertinent copies of which are attached hereto as Attachment A and made a part hereof by reference. 3. All references in the contract between City of Miami Gardens and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of City of Miami Gardens, as set forth in the contract between City of Miami Gardens and the Contractor, shall all be made by the City Manager for the City of South Miami. Notwithstanding anything contained in the City of Miami Gardens ITB No. 15-16-039(Al, and Contract and/or the contract between City of Miami Gardens and the Contractor to the contrary, this Agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. Thomas F. Pepe -01-11-16 Page 1 of7 4. Term. The term ofthe contract, including all extensions authorized by the contract shall not exceed five years. 5. Scope of Goods and Services. The scope of goods and/or services (which may hereinafter be referred to as the "Work") are set forth in the attached Attachment A and any attachments thereto and the City's purchase order, the latter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman like manner and in accordance with all state, county and City laws, at the locations, if any, designated by the City. All of the goods and/or services reflected in Attachment A shall, unless otherwise stated in the Attachment A or B, be delivered and/or commenced within N/A days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits required for the services rendered, if any, with the exception of permits fees charged by the City, said fees shall be waived. 6. Contract Price. The unit price for the good and/or services is set forth in the attached Attachment B. If not otherwise set forth in the contract between the City of Miami Gardens and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and after final inspection and approval, by the City, that approves of the goods delivered, if any, and the services performed, if any. 7. Precedence. The term, provisions and conditions ofthis Agreement shall take precedence over the terms of the contract between Contractor and City of Miami Gardens. 8. Grant Funding: This project is being funded by "N/A" and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and/or services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover as much of the contract price that is available pursuant to the terms of the grant. A copy of the grant, if any, is attached hereto and made a part hereof by reference. 9. Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 1) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion ofthe contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession ofthe contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the Thomas F. Pepe -01-11-16 Page 2 of7 contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 10. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 11. Validity of Executed Copies: This Agreement may be executed in several counterparts, each of which may be construed as an original. 12. Notice: All notices to the City shall be sent to: City Manager, 6130 Sunset Drive, South Miami, Florida 33143. 13. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 14. Indemnification: Notwithstanding anything contained in the contract between Contractor and City of Miami Gardens to the contrary, the City does not waive its sovereign immunity granted by Florida Statutes, Section 768.28, and the City's tort liability shall be limited to the waiver of sovereign immunity provided for in Section 768.28. 15. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives ofthe parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. Thomas F. Pepe -01-11-16 Page 3 of7 METRO EXPRESS, INC.: By: (type name and title of signatory above) ATTEST: CITY OF SOUTH MIAMI By: __ --::--::--:::-:-_-=-----=--=:: ___ By: ---::-_-----:-:-------,;--__ _ Maria M. Menendez, CMC Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution Thereof. By:_-,-----__ -,-___ _ Thomas F. Pepe City Attorney Thomas F. Pepe -01-11-16 Page 4 of7 CONTRACT FOR SIDEWALK REPLACEMENT & INSTALLATION ATTACHMENT A SPECIFICATIONS AND PARTIAL SCOPE OF SERVICES 1. CITY OF MIAMI GARDENS ITB #15-16-039(A) 2. RECOMMENDATION FOR AWARD 3. CONTRACT AWARD Thomas F. Pepe -01-11-16 Page 5 of7 Oliver Gilbert Mayor Felicia Robinyon Vice Mayor Lisa C. Davis Council.Member Rodncy Harris Council Member Erhaborlghodaro, Ph.D. Council Member Lillie Q. adorn Council Member David Williams Jr. Council Member Cameron D. Benson City Manager Ronetta Taylor, MMC City Clerk Sonja K Dickens City Attorney City of 9rtiami gardens bear Vendor: I thank you.fot' your intere~t in doing bu~iile~s.with. the City of Miami Gardens. We look forward toa very successful procuremenlprocess. Please take notice of the re~ponse subnlitt.al requirements outlined in this solicitation. Read and follow the ms!r].Jctions very carefully, as any misinterpretation of failure tocamply with instructions mayresuIt in rejection of yoursupmittal. Any change(S) to .this soli¢itiltion will be conv!lyed throllgh the written addenda process. Notificatioils of addenda are sentelectrol1.icallyto vendors registered at. the time the original solicitation was created. In addition, all add",nda are· posted Oil https://www;bidsync.coln/. Please read carefuUy and follow an instructions provided Oil the adliendUin, as well as the instl'uctions provided in the original SOlicitation. It is solely the vendor's responsibility to routinely check the City's w!lbsite at http://miamigardens, fl.gov!procurementlsoliCitations.htmi or BidSync at .https:llwww.bidsync.conll for any changing information prior to their reply. . It is the.mtent ofthe Office of Procurement Management to provide quality services. If you have any qllestions, please visit our website or contact the agent of concern. The staff of the City of Miami Gardens' Office of Procurement Management strives to proviile service "while Pl!rchasmg the best . for less with the highest level of integrity. " in advance for your interest in the City of Miami Gardens. 18605 NW 27th Avenue. Miami Gardens, Florida 33056. Tel: (306) 914-9010. Fax: (305) 622-l1001 • www.mlamlgardens·fl.gov SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE INVITATION-TO BID (ITB) NO. 15-16-039(A) SIDEWALK REPLACEMENT & INSTALLATION -ANNUAL CONTRACT REBID TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately 45 government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidance to all entities by utilizing the buying power of combined requirements for common, basic items. The government agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency." All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention ofthe lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor shall furnish the lead agency a detailed summary of sales semi ·armually during the contract period. Sales summary shall include contract numbers, contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" Page 2 of 120 1 2 3 4 5 6 7 8 9 10 11 12 SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE INVITATION TO BID (ITB) NO. 15-16-039(A) SIDEWALK REPLACEMENT & INSTALLATION -ANNUAL CONTRACT REBID PARTICIPATING AGENCIES Agency Agency Address Agency Representative Phone No. Ronnie S. Navarro Paul Collette (954) 597 -3718 of Wilt on Manors Rita Sanz (954) 390 -2190 Freeman page 3 of 120 City of Miami Gardens Office of Procurement Management 18605 N.W. 27th Avenue Miami Gardens, FL 33056 (305) 622 -8000 FAX (305) 474 -1285 SECTION I GENERAl. TERMS AND CONDITIONS 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the Bid to be considered for award. All Bids are subject to the conditions specified herein and on the attached Special Conditions, Specifications and Bid Form. The completed Bid must be submitted in a sealed envelope clearly marked with the Bid Title to the Procurement Department, City of Miami Gardens, 18605 N. W. 27th Avenue, Miami Gardens, Florida 33056 until time on date due. 1.2 DEFINITIONS: Bid Documents include the Bid Requirements and the proposed Contract documents. The Bid Requirements to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample proposal and contract fonns. General Supplementary and other Conditions. Drawings, Specifications and all Addenda issued prior to execution of the Contract. Definitions set forth in the General Conditions, Contract for Construction, or in other Contract Documents are applicable to the Bid Documents. 1. Addenda are written or graphic instruments issued by the Architect or City prior to the execution of the Contract which modify or interpret the Bid Documents by additions, deletions, clarifications or corrections. 2. A Bid submittal is a complete and properly signed offer to do the Work for the sums stipulated therein, submitted in accordance with the Bid Documents. 3. The Base Bid is the sum stated in the Bid submittal for which the Bidder offers to perfonn the Work described in the Bid Documents as the base to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. 4. An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bid Documents is accepted. 5. A Unit Price is an amount state in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bid Documents. 6. A Bidder is a person or entity who submits a Bid. 7. A Sub-Contractor is a person or entity who submits a bid to a Contractor for materials, equipment or labor for a portion of the Work. 1.3 EXECUTION OF BID: Bid must contain an original signature of an individual authorized to bind the bidder. Bid must be typed or printed in ink. The ink should be blue ink. All corrections made by bidder to their bid must also be initialed. The bidder's name should also appear on each page of the bid sheet if required. Bid must contain a manual signature of an authorized representative in the space provided on the Bid Fonn. Failure to properly sign Bid shall invalidate same and it shall NOT be considered for award. All Bids must be completed in pen or be typewritten. No erasures are pennitted. If a correction is necessary draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the Bid. Any illegible entries, pencil Bids or corrections not initialed will not be tabulated. The original Bid conditions and specifications together with bidder's response CANNOT be changed or altered in any way after submitted to the City. By signing this bid, bidder attests that any and all statements, oral, written or otherwise, made in support of this bid, are accurate, true and correct. Bidder acknowledges that inaccurate, untruthful, or incorrect statements made in support of this bid may be used by the City as a basis for rejection of this bid, rescission of the award, or termination of the contract. 1.4 PRICES QUOTED: Deduct trade discounts and quote finn net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the Bid specifications. In case of discrepancy in computing the amount of the Bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Bidders are to list discounts to be given the City for prompt payment. Award, if made, will be in accordance with tenns and conditions stated herein. Each item must be proposed separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in detennination of award of Bid(s). All prices quoted shall be guaranteed for 90 days from Bid date unless otherwise specified in Special Conditions. Page 4 of 120 City of Miami Gardens 1.4.1 TAXES: The City of Miami Gardens is exempt from all Federal Excise and State taxes. The applicable tax exemption number is shown on the Purchase Order. 1.4.2 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, Bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.4.3 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.4.4. . BID'S CQNDITIONS: The City reserves Ihe right to waive. Irregularities In Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City of Miami Gardens, Florida. 1.5 EQUIVALENTS: If bidder offers makes of ~quipment o~ br.ands of supplies other than those specified, It rlJust b.e Indlpated in the Bid. Specific article(s) of eqUipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered c?nform with ?r :xceed quality as listed in the specifications. Bidder shall indicate on the Bid form the manufacturers' name and number if proposing other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any wrillen indication of intent to quote an alternate brand or model number, the Bid will be considered as a Bid in complete compliance with the specifications as listed on the attached fonn. 1.6 NON-CONFORMANCE TO CONTRACT CONDlllONS: Items may be tested for compliance with spec~ficat~ons. Any item. delivered, not conforming to specifications, may be rejected and returned at bidder's expense. These items and items not delivered as per delivery date in Bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in Bidder's Name being removed from the vendor list. 1.7 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, Office of Procurement Management 18605 N.W. 27th Avenue Miami Gardens, FL 33056 (305) 622 -8000 FAX (305) 474 -1285 upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within thirty (30) calendar days after Bid opening. All samples will be disposed of after thirty (30) ca Ie nd a r days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required s~mp~es or to clearly identify samples may be reason for rejection of the Bid. Unless otherwise indicated, samples should be delivered to the Office of Procurement Management, 18605 N. W. 27 Avenue, Miami Gardens Florida 33056. • 1.8. DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number o! days (in calendar days) required to make delivery ~fter receipt of purchase order, in space provided. Delivery time may. b~come a basis for making an award. Delivery shall be Within the normal working hours of the City, Monday through Thursday, excluding holidays. 1.9 INTERPRETATIONS: Unless otherwise stated in the Bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement. Director, 18605 N.W. 27th Avenue, Miami Gardens. Flonda 33056 Facsimile (305) 474-1285. 1.10. OPEN-END CONTRACT: No guarantee is expresse.~ or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The City of Miami Gardens reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Dire~ Purchase Orders by various City agencies, or, any combination of the preceding. No delivery shall become due or be acceptable without a written order or shipping instruction by the City, unless otherwise provided in the. contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. 1.11 ... CONTRACT PERIOD (OPEN-END CONTRACT): The Initial contract period shall start with the expiration date of the previous contract or date of award, whichever is latest, and shall terminate one (1) year from that date. The contractor will complete delivery and the City will receive delivery on any orders mailed to the contractor prior to the d~te of expiration. The Director of Purchasing may renew thiS contract for a second period subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. All prices, terms and conditions shall remain firm for the initial period of the co~tract and for any renewal period unless subject to price adjustment specified as a "special condition" hereto. In the event .services are scheduled to end because of the Page 5 of 120 City of Miami Gardens expiration of this contract, the Contractor shall continue the service upon the request of the Director of Purchasing. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 1.12 AWARDS: The City of Miami Gardens reserves the right to reject any and all Bids or any portion of any Bid deemed necessary in the best interest of the City; to accept any item or group of items; to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Fonn must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". The City also reserves the right to award the contract on a split order basis; lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. All awards made as a result of this Bid shall confonn to applicable Florida Statutes. No bid will be accepted from, nor will any contract be awarded to any person or finn which is in arrears to the City upon any debt or contract or which is a defaulter as surety or otherwise upon any obligation to the City or who has failed to perfonn faithfully any previous contract with the City. 1.13 BID WITHDRAWAL: No Vendor may withdraw their bid before the expiration of one hundred and twenty (120) days from the date of the bid opening written notice of withdrawal to the Purchasing Department prior to award of the Contract by the City Council. Any bid submitted which alters the one hundred and twenty (120) day requirement shall be deemed non-responsive. The City of Miami Gardens reserves the right to waive irregularities and to reject any and all bids. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. 1.14 BID OPENING: Names of bidders shall be publicly read in the Community Conference Room 18605 N.W. 27th Avenue, Miami Gardens, Florida 33056 on the date and at the time specified on the Bid Fonn. The offiCial time is the time clock located in the City Hall reception area and will be accepted by all parties without reservation. It is the bidder's responsibility to assure that their bid is delivered on date, location and time specified on the bid fonn. Bids, which for any reason are not so delivered, will not be considered. All Bids received after that time shall be returned, unopened. 1.15 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be destination unless otherwise provided. Title tolor risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the City unless loss or damage result from negligence by the City. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order Office of Procurement Management 18605 N.W. 27th Avenue Miami Gardens, FL 33056 (305) 622 -8000 FAX (305) 474 -1285 upon written notice to the seller and return product at bidder's expense. 1.16 PAYMENT: Payment will be made by the City after the items awarded to a bidder have been received, inspected, and found to comply with award speCifications, free of damage or defect and properly invoiced. 1.17 DISPUTES: Any actual or prospective Bidder, Proposer, Offeror or Contractor who is aggrieved in connection with a solicitation or award of a Bid or Contract may avail themselves of the procedures contained in Ordinance 2007-25-131 in order to resolve disputed matters or complaints. The Procurement Director shall post a tabulation of the Bid results with intended award recommendations. Posting shall be in the front office of City Hall or on the City's web site for public viewing. Any actual or prospective bidder, proposer, offeror, or contractor who is aggrieved in connection with the solicitation or award of contract may file a written protest with the City Clerk and mailed by the protester to all responders to the bid proposal within seventy-two hours (72) hours of the City's recommendation for award or the City's actual award whichever comes first. The written protest shall state all the particular grounds on which it is based, shall include all pertinent documents and evidence. The protest letter to the City Clerk shall include proof of mailing/receipt to other responders to the bid and shall be accompanied by a cashier's check in the amount of $500.00 representing the filing fee, plus a cost bond in the amount of $2,500.00 to reimburse the City for all administrative costs associated with the appeal process. The $2,500.00 bond shall be returned to the Protester if the Protester prevails in the hearing before the hearing examiner/special master. If the Protester does not prevail the City shall keep the bond. Any grounds not stated shall be deemed waived. Failure to file a timely fonnal written protest within the time period specified shall constitute a waiver by the vendor of all rights of protest under this Bid/Proposal Protest Procedure. In the event of a timely protest, the City Manager shall select a hearing examiner or special master, who shall be a member of the Florida Bar, who shall hold a hearing and submit written findings and recommendations within fifteen (15) days of the filing of the protest. The hearing examiner shall consider the written protests, supporting documents in evidence, the City's recommendations and supporting documentation and all evidence presented at the hearing. Such finding and recommendation shall be filed with the City Clerk. The hearing examiner's findings and recommendations shall be final. Appeals of a decision by the hearing examiner shall be to the Miami-Dade County Circuit Court. The prevailing party in the appeal may be entitled to recover any and all attorneys' fees and costs incurred in the appeal. 1.18 LEGAL REQUIREMENTS: Federal. State, county and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief Page 6 of 120 City of Miami Gardens from responsibility. The individual executing this proposal on behalf of the Company warrant to the City that the Company is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that Company possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. 1.19 INDEMNIFICATION: Subjecllo Ihe limilalions of Seclion 768.28 Florida Sialutes. PROPOSER shall prolecl. defend, indemnify, and hold harmless the CITY and its officials, officers, members, agents, representatives and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non-performance of any provision of this Agreement required of Ihe PROPOSER. by or on behalf of Ihe PROPOSER or resulting from any violation by the PROPOSER or' its employees of any statute law, ordinance, regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. However, nothing herein shall be deemed to indemnify CITY for any liability or claim arising solely out of the negligent performance of CITY. The City does hereby agree to indemnify and hold harmless PROPOSER.' from. a~r. and all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of City's performance of this Agreement. This agreement is subject to the proviSions of Section 76~.28 Florida Statutes, such that the City shall not be held Irable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the performance of this Agreement. However, nothing ~er~~n shall ~e de~~ed to indemnify PROPOSER from any h~blhty or claim arrslng out of the negligent performance or failure of performance of PROPOSER or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunity. One percent (1 %) of the contract amount shall represent the consideration to be provided for this indemnification. 1.20 PATENTS & ROYALTIES: The bidder. without exception, shall indemnify and save harmless the City of Miami Gardens, Florida and its employees from liability of any nature or kind, including cost and expenses for, or ?n ac.count of, any copyrighted, patented, or unpatented inVention, process, or article manufactured or used in Office of Procurement Management 18605 N.W. 27· Avenue Miami Gardens, FL 33056 (305) 622 -8000 FAX (305) 474 -1285 th.e perfo.rm~nce of the contract, including its use by The City of Miami Gardens, Florida. If the bidder uses any design, device or materials covered by letters, patent or copyright. it is mutually understood and agreed, without' exception, that the Bid prices shall include all royalties or cost arising from the use of such deSign, device, or materials in any way involved in the work. . 1.21 OSHA: The bidder warrants that the product and services supplied to the City of Miami Gardens, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these reqUirements shall be borne solely by the bidder responsible for same. 1. 21A SAFETY PRECAUTIONS: The bidder shall. if required, maintain suitable and suffiCient guards and barriers and, at night, suitable and suffiCient lighting for the prevention of accidents and all minimum safety standards required by Municipal, County, State and Federal ordinances and laws shall be strictly met by the bidder. 1.22 SPECIAl. CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI·DISCRIMINATlON: The bidder certifies compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.24 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this Bid shall be new. The items Bid must be new, unless recycled materials are certified by bidder, the latest model, of the best quality, and highest grade workmanship. 1.25 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Gardens property to deliver materials ,or perform work or services as a result of a Bid award, the successful bidder will assume the full duty, obligation and ~xpense of obtaining all necessary licenses, pennits and Insurance and assure all work complies with all Miami-Dade County and City of Miami Gardens building requirements and the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by willful, wanton or gross negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of the Bid. Page 7 of 120 1.26 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions. After acceptance of Bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. 1.27 DEFAULT/FAILURETO PERFORM: The City shall be the sale judge of nonperformance, which shall include any failure on the part of the successful bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful bidder to meet any terms of this agreement. the City will notify the bidder three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute d~fault: (A) Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the contract. (B) Failure to begin the work under this contract within the time specified. (C) Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. (D) Neglecting or refusing to remove materials or perform new work where prior work has been rejected as non-conforming with the terms of the contract. (E) Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful bidder incapable of performing the work in accordance with and as required by the contract. (F) Failure to comply with any of the terms of the contract in any material respect. In the event of default of a contract, the successful bidder shall pay all attorney's fees and court costs incurred in collecting any damages. The successful bidder shall pay the City for any and all costs incurred ensuing the completion of the project. 1.28 CANCELLATION: The City of Miami Gardens reserves the right to cancel this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: (A) The contractor is determined by the City to be in breach of any of the terms and conditions of the Office of Procurement Management 18605 N.W. 2ih Avenue Miami Gardens, FL 33056 (305) 622 -8000 FAX (305) 474 -1285 contract and/or to have failed to perform his/her services in a manner satisfactory to the City. In the event the contractor is found to be in default, the contractor will be paid for all labor and materials provided as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. (B) The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. (C) Funds are not available to cover the cost of the services. The City's obligation is contingent upon the availability of appropriate funds. 1.29 PERFORMANCE: Documented poor performance of contractors on previous contracts with the City of Miami Gardens or other governmental entity may be sufficient cause not to award. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers; work order number and/or quotation number, if applicable; details of service(s) performed including service date, brief description, and shall be submitted in DUPLICATE to Accounts Payable, City of Miami Gardens, 18605 N.W. 27th Avenue Miami Gardens, Florida 33056. 1.31 SUBSTITUTIONS: The City of Miami Gardens, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their Bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.32 FACILITIES: The City reserves the right to inspect the bidder's facilities at any time with prior notice. 1.33 BID TABULATIONS: Bidders desiring a copy of the Bid tabulation may request same by enclosing a self- addressed stamped envelope with the Bid. 1.34 APPLICABLE LAW AND VENUE: The law of the State of Florida shall govern the contract between the City of Miami Gardens and the successful bidder and any action shall be brought in Miami-Dade County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 1.35 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Invitation for Bid is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Gardens Procurement Director at least five (5) calendar days prior to scheduled Bid opening, a request for clarification. All Page 8 of 120 City of Miami Gardens such requests for clarification must be made in writing and the person submiHing the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Gardens Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum will be sent to each Bidder receiving the Invitation for Bid. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. Only written addenda will be binding. 1.36 CONTRACT: A) A contract may be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Invitation for Bid, is most advantageous to the City of Miami Gardens. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the method of award which is described in the Special Conditions. Tie Bids will be decided as described herein. (B) The City shall award a contract to a Bidder through action taken by the City Council or the City Manager of the City of Miami Gardens, Florida. C) The General Terms and Conditions, the Special Conditions, the Technical Specification, and the Bidder's Bid are collectively and integral part of the contract between the City of Miami Gardens and the successful Bidder. (D) While the City of Miami Gardens may determine to award a contract to a Bidder(s) under this Invitation to Bid, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of any conditional award if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default. the City, through the Procurement Manager, will void its acceptance of the Bidder's offer and may determine to select the second lowest responsive, responsible Bidder or re- solicit Bids. The City may, at its sale option, seek monetary restitution from the defaulting Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. (E) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period; provided that such option is stipulated in the Special Conditions and is contained in any contract ultimately awarded in regard to this Bid. (F) The City reserves the right to automatically extend any contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded, in regard to this Bid. (G) The Bidder agrees and understands that the contract may not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. Office of Procurement Management 18605 N.W. 27th Avenue Miami Gardens. FL 33056 (305) 622 -8000 FAX (305) 474 -1285 1.37 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of any contract, including any or all of its right, title, or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Gardens, which consent may be withheld. 1.38 LAWS, PERMITSAND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulation building code requirements applicable to the work contemplated herein. 1.39 OPTIONAL CONTRACT USAGE: Olher State agencies, and/or Govemmental Entities in the State of Florida may purchase from the resulting contract. Contractors shall sell these commodities or services to the other State agencies and/or Governmental Entities in the State of Florida at the agencies' and/or entities option or as otherwise provided by law. 1.40 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this Bid from the selected bidder. However, items that are to be "Spot Market Purchased" may be purchased by other methods, i.e. Federal, State or local contracts. 1.41 WARRANTIES OF USAGE: Any estimated quant~ies listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 1.42 PUBLIC ENTITY CRIMES: As provided in Section 287.133(2) (a). Florida Stalutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in eXcess of the threshold amount provided S.S. 287.017 for CATEGORY lWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.43 CODE OF ETHICS: As provided in Article 9 Ethics in Public Contracting of the City of Miami Gardens Ordinance No. 2005-10-28 and Ordinance 2008·03-139 "Cone of Silence", from the time of advertising until the City Council deliberates on the making of an award, there is a prohibition on communication with the City Manager and his staff and Mayor and City Council. The ordinance does not apply to oral communications at pre-bid/proposal conference, oral presentations before selection committees, Page 9 of 120 City of Miami Gardens contract negotiations, public presentations made to the City Council during any duly noticed public meeting or communications in writing at any time with any City employee, official or member of the City Council unless specifically prohibited by the applicable RFP, RFQ or bid documents. A copy of all written communications must be filed with the City Cieri<. 1.44 NON·COLLUSION: By submitting this bid. Bidder certifies that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 1.45 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully compHed with current Florida State Statutes and City Charter relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the bidder and may result in removal from the vendor bid list(s). 1.46 FLORIDA PUBLIC RECORDS ACT: All material submitted regarding this bid becomes the property of the City. Bids may be reviewed by any person ten (10) days after the public opening. Bidders should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this bid and/or any resulting contract from same. Disqualification of a bidder does not eliminate this right. To the extent required by law, Contractor shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, Contractor agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make the sole determination of which records, if any, are exempt from inspection. Further, as pursuant to Section 119.0701, Florida Statutes, Contractor agrees to maintain the records until the completion of the contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119. FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 18605 Northwest 27th Avenue, Miami Gardens, Florida 33056. 1.47 UNBALANCED BIDS: When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected Office of Procurement Management 18605 N.W. 27th Avenue Miami Gardens, FL 33056 (305) 622 -8000 FAX (305) 474 -1285 1.48 nED BIDS: In the event of an identical tied bid or proposal, preference will be given to local vendors. If none of the vendors are local, preference will be given to a vendor with a Drug~Free Workplace Program in accordance with Section 287.087, Florida Statutes. 1.49 LOCAL PREFERENCE: In accordance with the City of Miami Gardens Code of Ordinances Sec. 16, regarding preference to local business, when evaluation percentages are used to evaluate, and when a non~local business is the highest ranked proposer and the ranking of a local proposer is within 10% of the ranking, then the local proposer shall proceed to negotiate. When a local business's price is within 5% of the lowest non~local business, then the local business can offer a best and final bid, within five days of bid opening, equal to or lower than the amount of the low bid submitted by the non~local business. 1.50 PREFERENCE MONETARY CONTRIBUTIONS TO LOCAL SCHOOLS: In accordance with the City of Miami Gardens Code of Ordinance 2008-20-156 regarding preference to businesses that make monetary contributions to local public schools, when evaluation percentages are used to evaluate, and when a non-contributing bUSiness is the highest ranked proposer, and the ranking of a contributing proposer is within 5% of the ranking, then the contributing proposer shall proceed to negotiate. When a contributing business's price is within 5% of the non- contributing business, then the contributing business can offer a best and final bid within five days of bid opening, equal to or lower than the amount of the low bid submitted by the non-contributing business. Lists of local schools and complete ordinance can be viewed on the City's web page wvow.miamigardens-fl.gov. 1.51 DRUG FREE WORKPLACE AFFIDAVIT: Pursuant to section 893.02(4), Florida Statutes, each bidder shall complete the form on Drug Free Workplace Affidavit and submit same with any bid response. 1.52 MINORITY BUSINESSES: The City of Miami Gardens encourages Minority Business Enterprises to participate in this solicitation. Ordinance 2011-01-243 establishes a program enabling the City to collect relevant data to determine if MBE's that are eligible and qualified to perform services on behalf of the City, are being given the opportunity to provide these services. The City of Miami Gardens encourages prime contractor, if subcontractors are to be let, when economically feasible, to take affirmative steps to assure that Minority Businesses are used when possible. Affirmative steps shall include: • Placing qualified minority businesses on SOlicitation lists; • Assuring that minority businesses are solicited whenever they are potential sources; • Dividing total requirements, when economically Page100f120 feasible, into smaller tasks or quantities to permit maximum participation by minority businesses; • Establishing delivery schedules, where the requirement permits, which encourage participation of minority businesses; • Using the services and assistance of the Minority Business Development Agency of the Department of Commerce. END OF GENERAL CONDITIONS Page 11 of 120 Office of Procurement Management 18605 N.W. 27th Avenue Miami Gardens, FL 33056 (305) 622 -8000 FAX (305) 474 -1285 City of Miami Gardens DOCUMENT CHECKLIST: Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 The following items may be required to determine Bid responsiveness. Please ensure that all Applicable items are completed and submitted with your Bid. Failure to meet the applicable requirements may render your Bid non- responsive. Additional information for these items can be fouud throughout this Bid document. A. Bid/Addendum D Manual Submission of Bids must be signed in blue ink. D If a MUST Addendum is required, it must be acknowledged on the Bid sheet or retumed with your Bid. D If a revised Bid sheet is required, it must be returned with the Addendum. Additional Items: B. Supplements/ Attachroents and made a condition of this Bid: D Bid sigoed by authorized representative D City Business Tax License D CMG -BREP Qualification Form(s) (if applicable) D Copy of appropriate Licenses aod Permits D Drug Free Work Place Form D Florida Department of State Certificate of Proof of application (see: www.suubiz.org) D MBE Affidavit D Number of Required Copies of Bid Submittal D Proof of ability to obtain insuraoce D Proposal Sheet D Questionnaire D References with Telephone & Fax Numbers, and E-mail Address D Vendor Representative Contact Information D W-9Form • All original Bids must be received in the Purchasing Division no later than 2:00 p.m. on the opening date specified. Late Bids will not be accepted. Please allow additional time for traffic and parking. This Checklist is for informational purposes only, it is not necessary to return. Document Checklist Form 107 (9/2016) Office of Procurement Management Page 12of120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 OFFICE OF PROCUREMENT MANAGEMENT CITY OF MIAMI GARDENS INVITATION TO BID NO_ 15-16-039(A) SIDEWALK REPLACEMENT AND INSTALLATION ANNUAL CONTRACT REBID SUBMISSION OF SEALED SUBMITTALS: The Invitation for Bid form must be executed and submitted with all bid sheets and should be in a sealed envelope. The original should be signed in blue ink. Both the original bid and two (2) photocopies of your bid should be included in a single package. The Bidder is responsible for retaining a copy of all submittals for its own records. The face of the package should contain the company name, address, bid number and bid title. Faxed bids shall be rejected. Bids not submitted on bid sheets may be rejected. Bidder shall not submit bids on its own form or any other form other than the City of Miami Gardens Solicitation Sheet. All solicitations are subject to the conditions specified herein. Solicitations which do not comply with these conditions are subject to rejection. Bids will be received by sealed envelope in the Office of Procurement Management, City of Miami Gardens. DeIiverlMaii to: Office of Procurement Management 18605 NW 27th Avenue, Miami Gardens, FL 33056, nntiI, Wednesday, November 16,2016 at 2:00PM local time, at which time bidders who submitted bids will be read by the Procurement Director. Bids received after this time will not be considered and no time extensions will be permitted. Bids will be publicly opened and read aloud immediately after specified closing time. All interested parties are invited to attend. Please clearly mark bids: ITB NO. 15-16-039(A) SIDEWALK REPLACEMENT AND INSTALLATION ANNUAL CONTRACT REBID SCOPE OF WORK Please see Attacbment A for Detailed Scope of Work The City encourages Certified Business Concerns to submit proposals. The City strongly encourages Contractor(s) to hire employees residing within City of Miami Gardens that are Section 3 residents. The City encourages participationjrom Business Concerns meeting Section 3 criteria. The City also encourages participation from Minority Business Enterprises. Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 13 of 120 City of Miami Gardens I. TERM OF CONTRACT Please see Attachment A for detailed Term of Contract. 2. METHOD OF AWARD Please see Attachment A for detailed Method of Award. 3. RESPONSE TIME Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 A fourteen (14) calendar daWs) response time is required for services. Failure to respond to a service call within the specified time will result in the successful bidder paying any and all costs associated with services performed by a secondary contractor. It is understood that the City reserves the right to issue more than one list of sites at the same time, or issue additional lists of sites, prior to the Contractor's completion of a previous list. The Contractor shall provide daily notices to the City's representative to report the locations where contractor is working; status of work being perfurmed, including jobs terminated; requests for guidance and special problems; and to receive special instructions. 4. SPECIFICATIONS AND REQUIREMENTS The specifications, requirements and services to be provided are stated in Attachment A. 5. CONTINGENCY FEES By submission of this offer, contractor certifies that no contingency fees (sometimes known as a finder's fee) has been paid to any person or organization other than a bonafide employee working solely for the vendor to secure a contract made pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment of the contractor. 6. FURTHER INFORMATION 6.1 Bidders requiring additional infurmation regarding any of the bid terms, conditions or administrative requirements and or technical clarifications should contact Scott Shaw of the Office of Procurement Management at 305-622-8000 or by email atsshaw@miamigardens-f1.gov.No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by an addendum issued by the Procurement Department. 6.2 Any questions or clarifications conceming this Proposal shall be submitted in writing by mail or facsimile to the Office of Procurement Management, 18605 NW 27 th Avenue, Miami Gardens, Florida 33056, FAX: (305) 474-1285, e-mail: sshaw@miamigardens-f1.gov. The bid title/number shall be referenced on all correspondence. All questions must be received no later than 3:00PM local time, on November 2, 2016 for this bid. All responses to questions/clarifications will be sent to all prospective proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 14 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 6.3 COPIES OF THIS PROPOSAL DOCUMENT May be obtained by contacting BidSync.com. Vendors who obtain specifications and plans from other sources other than BidSync.com are cautioned that the bid package may be incomplete. All addendums, tabulations, evaluation meetings, recommendation of award will be posted and disseminated by BidSync.com. 6.4 PROCUREMENT HOURS OF OPERATION Monday -Thursday 7:00A.M. -7:00P.M. E.S.T 7. SITE VISIT AND/OR PRE-BID CONFERENCE A Non-Mandatory Pre-bid meeting will be held on October 27, 2016 at 10:OOAM local time at the City of Miami Gardens City Hall, 18605 NW 27th Avenue, Miami Gardens, Florida. Proposers wishing to participate via telephone must contact the Office of Procurement Management in writing at least two business days in advance of the Pre-bid meeting so that accommodation can be made. At that time, general requirements of the project will be discussed along with questions regarding preparation and submission of proposals and general contractual requirements and any additional questions raised by proposers. Proposers will be invited to ask questions. Oral answers to questions during the Pre-bid meeting will not be authoritative. Questions, if any, will be answered and if appropriate, issued as an addendum. It should be emphasized, however, that nothing stated or discussed during the course of the Pre-bid meeting shall be considered to modify, alter or change the requirements of the Bidding Documents, .unless it shall be subsequently incorporated into an addendum to the Bidding Documents. All questions regarding this proposal must be submitted in writing via e-mail to sshaw@miamigardens- fl.gov. Questions must be received no later than designated time stipulated for this bid, in order for the City to issue a timely response. Response will be posted along with the Pre-Bid Q&A online at BidSync.com. 8. ACCEPTANCE AND REJECTIONS The City of Miami Gardens reserves the right to reject any or all Bids with or without cause; to waive any or all irregularities with regard to the specifications and to make the award to the Bidder offering the greatest advantage to the City. 9. CONE OF SILENCE ORDINANCE As provided in Article 9 Ethics in Public Contracting of the City of Miami Gardens Ordinance No. 2005- 10-28 and Ordinance 2008-03-139 "Cone of Silence", from the time of advertising until the City Council deliberates on the making of an award, there is a prohibition on communication with the City Manager and his staff and Mayor and City Council. The ordinance does not apply to oral communications at pre- bid/proposal conference, oral presentations before selection committees, contract negotiations, public presentations made to the City Council during any duly noticed public meeting or communications in writing at any time with any City employee, official or member of the City Council unless specifically prohibited by the applicable RFP, RFQ or bid documents. A copy of all written communications must be filed with the City Clerk. Please be advised that Pursuant to City Ordinance 2008-03-139 "Cone of Silence", public notice is hereby given that a Cone of Silence is imposed concerning this City's competitive purchasing process, which generally prohibits communications concerning the RFP until such time as the City Council or City Manager deliberates on the making of an award concerning the competitive purchase transaction. Please Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 15 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 see the detailed specifications for the public solicitation for services for a statement fully disclosing the requirements of the "Cone of Silence". 10. FLORIDA PUBLIC RECORDS ACT All material submitted regarding this bid becomes the property of the City. Bids may be reviewed by any person ten (10) days after the public opening. Bidders should take special note ofthis as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information/material submitted in response to this bid and/or any resulting contract from same. Disqualification of a bidder does not eliminate this rigbt. To the extent required by law, Contractor shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, Contractor agrees to comply with Section 119.070 I, Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make the sole determination of which records, ifany, are exempt from inspection. Further, as pursuant to Section 119.0701, Florida Statutes, Contractor agrees to maintain the records until the completion of the contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO TIllS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 18605 Northwest 27th Avenue, Miami Gardens, Florida 33056. 11. INSURANCE REOUIREMENTS BIDDERSREOUffiEMENTS Please see Attachment B for Insurance Requirements All insurance requirements must be met and evidenced to the City before delivery of goods and perfonnance of services. The City reserves the right but not the obligation to revise any insurance requirement, or reject any insurance coverage which fail to meet the criteria stated herein at any time. The City reserves the right to require ContractorN endor to provide and pay for any other insurance coverage the City deems necessary, depending upon the possible exposure to liability or loss. These insurance requirements shall not limit the liability of the ContractorNendor. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the ContractorN endor's interests or liabilities, but are merely minimums. Construction -ITB Information Form 105 (9/2016) Office ofProcuremeut Management Page 16 of 120 City of Miami Gardens 12. BID BOND: Mandatory 10% Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 12.1 Each Bid submittal shall be accompanied by a bid security equal to ten percent (10%) ofthe vendor's total bid amount pledging that the Bidder will enter into a Contract with the City on the terms stated in the Bid document and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising there under. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the bid security shall be forfeited to the City as liquidated damages, not as a penalty, the City and Bidder having agreed that the damages which will be suffered by the City are not subject to specific ascertainment. 12.2 If a surety bond is required, it shall be written on a Bid Bond, unless otherwise provided in the Bid Documents, and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. 12.3 The City will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bid submittals may be withdrawn, or (c) all Bids have been rejected. 13. PERFORMANCEIP A YMENT BONDS When requested by the City, the proposer to whom a contingent award is made, shall duly execute and deliver to the City a Performance and Payment Bond in an amount that represents one hundred (100%) percent of the vendors offer price, to be in the form ofa bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statue 287.0935; a Cashier's Check, made payable to the City of Miami Gardens; or an Irrevocabie Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami-Dade County, be in the amount of the contract and should clearly and expressly state that it carmot be revoked until express written approval has been given by the City of Miami Gardens. The City, to draw on the same, would merely have to give written notice to the bank with a copy to the successful proposer. The successful proposer shall submit the stipulated performance and payment bond within ten (10) calendar days following notice of award. Should the awarded proposer fail to deliver the Performance and Payment Bond within the specified time, the proposer shall surrender its offer guarantylbid bond. 14. INDEMNIFICATION Subject to the limitations of Section 768.28 Florida Statutes, Contractor shall protect, defend, indemnify, and hold harmless the CITY and its officials, officers, members, agents, representatives and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way counected with the performance or non-performance of any provision of this Agreement required of the Contractor, by or on behalf of the Contractor, or resulting from any violation by the Contractor or its employees of any statute Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 17 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 law, ordinance, regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. However, nothing herein shall be deemed to indenmiJY CITY for any liability or claim arising solely out of the negligent performance of CITY. The City does hereby agree to indenmiJY and hold harmless Contractor, from any and all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of City's performance of this Agreement. This agreement is subject to the provisions of Section 768.28 Florida Statutes, such that the City shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the perfurmance of this Agreement. However, nothing herein shall be deemed to indemniJY Contractor from any liability or claim arising out ofthe negligent performance or failure of performance of Contractor or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunity. One percent (1%) of the contract amount shall represent the consideration to be provided for this indemnification. 15. INSTRUCTION TO BIDDERS Each bidder must provide and submit to the City with their bid the resume of the Project Manager, and Project Supervisor who will be assigned to this project. Each bidder must provide and submit to the City with their bid the attached Sub-Contractors list, Contractor's Qualifications, Contractor Questionnaire and any and all documents requiring signatures. Each bidder meeting Section 3 criteria must provide and submit to the City when requested the current employee roster. City will request ~is roster prior to evaluations. Each bidder must provide and submit to the City with their bid a list of three (3) references of experience similar to this project. The list shall include the narne of the company, a contact person, telephone number, facsimile number and e-mail address. It is the responsibility of the bidder to ascertain that the contact person will be responsive The successful Bidder must furnish all of its own equipment and materials for the completion of this project. In addition, the successful Bidder, within ten 110) days from the Notice of Award, submit the certificate of insurance, executed contract, and copies of certifications of insurance and licenses for those Sub-Contractors that will be utilized in this project. The City of Miami Gardens reserves the right to request proof, at any time throughout the project, of experience of any and all skilled laborers assigned to this project. Submission of a proposal will be construed that the bidder is acquainted sufficiently with the site(s) and work to be performed. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, for CATEGORY TWO for a period of36 months from the date of being place on the convicted vendor list. Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 18 of 120 City of Miami Gardens 16. PREFERENCES Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 In accordance with the City of Miami Gardens Code of Ordinances Sec. 16, regarding preference to local business, when evaluation percentages are used to evaluate, and when a non-local business is the highest ranked Bidder, and the ranking ofa local Bidder is within 10% of the ranking, then the local Bidder shall proceed to negotiate. When a local business's price is within 10% of the lowest non-local business, then the local business can offer a best and final bid, within five days of bid opening, equal to or lower than the amount of the low bid submitted by the non-local business. In accordance with the City of Miami Gardens Code of Ordinance regarding preference to businesses that make monetary contributions to local public schools, when evaluation percentages are used to evaluate, and when a non-contributing business is the highest ranked Bidder, and the ranking of a contributing Bidder is within 5% of the ranking, then the contributing Bidder shall proceed to negotiate. When a contributing business's price is within 5% of the non-contributing business, then the contributing business can offer a best and final bid within five days of bid opening, equal to or lower than the amount of the low bid submitted by the non-contributing business. Lists of local schools and complete ordinance can be viewed on the City's web page www.miamigardens-fl.gov. The City of Miami Gardens encourages Minority Business Enterprises to participate in this solicitation. Ordinance 2011-01-243, establishes a program enabling the City to collect relevant data to determine if MBEs that are eligible and qualified to perform services on behalf of the City, are being given the opportunity to provide these services. The City of Miami Gardens encourages prime contractor, if subcontractors are to be let, when economically feasible, to take affirmative steps to assure that Minority Businesses are used when possible. Affirmative steps shall include: Placing qualified minority businesses on solicitation lists; Assuring that minority businesses are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by minority, women's businesses; Establishing delivery schedules, where the requirement permits, which encourage participation minority businesses; Using the services and assistance of the Minority Business Development Agency of the Department of Commerce. By submitting this bid, Bidder certifies that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No Contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Charter relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation willlist(s). 17. UNLAWFUL HARASSMENT Individuals representing City of Miami Gardens, including vendors, contractors, sub-contractor and other entities conducting business must agree to and adhere to the City's Sexual harassment and Unlawful Harassment & Retaliation Policy. Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 19 of 120 City of Miami Gardens 18. BID DISPUTES Office o[Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Any actual or prospective Bidder, Proposer, Offeror or Contractor who is aggrieved in c01lllection with a solicitation or award of a Bid or Contract may avail themselves of the procedures contained in Ordinance 2007-25-131 in order to resolve disputed matters or complaints. 16.1 The Procurement Director shall post a tabulation of the Bid results with intended award recommendations. Posting shall be on BidSync.com for public viewing. 16.2 Any actual or prospective Bidder who is aggrieved in connection with the solicitation or award of Contract may file a written protest with the City Clerk and mailed by the protester to all participants in the competitive process within seventy-two hours (72) hours of the City's recommendation for award or the City's actual award whichever comes first. The written protest shall state all the particular grounds on which it is based, shall include all pertinent documents and evidence. The protest letter to the City Clerk shall include proof of mailing/receipt to other participants to the bid and shall be accompanied by a cashier's check in the amount of $500.00, representing the filing fee, plus a cashier's check in the amount of$2,500.00 to reimburse the City for all administrative costs associated with the appeal process. The $2,500.00 check shall be returned to the Protester if the Protester prevails in the hearing before the hearing examiner/special master. If the Protester does not prevail the City shall keep the check. Any grounds not stated shall be deemed waived. 16.3 Failure to file a timely formal written protest within the time period specified shall constitute a waiver by the vendor of all rights of protest under this BidlProposal Protest Procedure. 16.4 In the event ofa timely protest, the City Manager shall select a hearing examiner or special master, who shall be a member of the Florida Bar, who shall hold a hearing and submit written fmdings and recommendations within fifteen (15) days of the filing of the protest. The hearing examiner shall consider the written protests, supporting documents in evidence, the City's recommendations and supporting documentation and all evidence presented at the hearing. Such finding and recommendation shall be filed with the City Clerk. The hearing examiner's findings and recommendations shall be final. Appeals ofa decision by the hearing examiner shall be to the Miami-Dade County Circuit Court. 19. NON-DISCRIMINATION, EOUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 20 of 120 City of Miami Gardens 20_ CONTRACTOR PERFORMANCE REVIEW Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 An interim performance evaluation of the successful Bidder/CONTRACTOR may be submitted by the project manager during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the CITY Director of Purchasing who shall provide a copy to the successful Bidder/CONTRACTOR upon request. Said evaluation(s) may be used by the CITY as a factor in considering the responsibility of the successful Bidder/CONTRACTOR for future bids with the CITY. 21. LITIGATION HISTORY REOUIREMENT The City will consider a vendor's litigation history infonnation in its review and determination of responsibility. All vendors are required to disclose to the City all "material" cases filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. 22. LIOUIDATED DAMAGES In accordance with "Article 3" stipulated in signed/executed contract. 23. LICENSING AND CERTIFICATION REOUIREMENTS In order to be considered a responsible and responsive vendor for the scope of work set forth in this bid, the vendor shall possess one of the following licenses. All bidders must possess and send proof of such possession with their bid, be registered in Miami-Dade County, or a Miami-Dade County License. Work must comply with all applicable local, state and national codes. 24. PERMITS AND FEES The awarded proposer shall obtain and pay for all licenses, permits, and inspection fees required for project(s); and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or vendor for failure to obtain required licenses or permits shall be borne by the awarded proposer. 25. PAYMENT Vendor shall submit invoice upon final completion of project and acceptance by the City's representative. City shall remit payment for all undisputed amounts within thirty (30) days of receipt of invoices. No down or partial down payments will be made. 26. PURCHASING CARD PROGRAM The City has implemented a purchasing card program through Bank of America, using the VISA network. Contractors will receive payment from the purchasing card in the same manner as other Visa purchases. Accordingly, respondents shall presently have the ability to accept VISA or take whatever steps necessary to implement the ability before the start of the agreement term. The City can only accept VISA, Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 21 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 however, the purchasing card is not the exclusive method of payment. Please indicate your ability to accept Visa purchasing card in the designated area in the Bid. 27. DRUG FREE WORKPLACE AFFIDAVIT Pursuant to section 893.02(4), Florida Statutes, each bidder shall complete the form on Drug Free Workplace Affidavit and submit same with any bid response. See Attachment. 28. NONDISCRIMINATION, EOUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITII DISABILITIES ACT CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affrrmatively comply with all applicable provisions of the he Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. 29. TRENCH SAFETY ACT The Trench Safety Act (TSA) will apply to any individual project that has trenches in excess of 5 feet deep. 30. SPECIAL NOTICE (WHEN APPLICABLE) 31. BATTERY DISPOSAL (WHEN APPLICABLE) 10 accordance with Florida 1993 Solid Waste Act, the manufacturers of heavy metal batteries or the manufacturers of products powered by such batteries are solely responsible for the reclamation and disposal of such used batteries as purchased by the City. The City shall not be held liable for any cost associated with the reclamation and disposal of such batteries 32. NON-COLLUSION By executing this Contract, Contractor certifies that its offer is made without prior understanding. agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. Construction -ITB Information Form 105 (9/2016) Office of Procurement Management Page 22 of 120 City of Miami Gardens SPECIFICATIONS AND REQUIREMENTS Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 NAME OF COMPANY: _______________ _ BID DOCUMENTS 1. Copies: Bidders may obtain complete sets of the Bid Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated herein. The deposit will not be refunded. Bid Documents will not be issued directly to Sub-Contractors or others unless specifically offered in the Advertisement or Invitation to Bid or in supplementary instructions to Bidders. Bidders shall use complete sets of Bid Documents in preparing Offers, the City does not assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. In making copies of the Bid Documents available on the above terms, the City does so only for the purpose of obtaining Offers on the Work and do not confer a license or grant permission for any other use of the Bid Documents. 2. Interpretation or Correction of Bid Documents: The Bidder shall carefully study and compare the Bid Documents with each other and with other work being offered concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted shall examine the site and local conditions and shall at once report to the City errors, inconsistencies or ambiguities discovered. Bidder/Contractors and Sub-Contractors requiring clarification or interpretation of the Bid Documents shall make a written request which shall reach the Procurement Manager, City of Miami Gardens as specified in the Invitation to Bid. Interpretations, corrections and changes of the Bid Documents will be made by Addendum. Interpretations, corrections, and changes of the Bid Documents made in any other manner will not be binding and Bidders shall not rely upon them. BID PROCEDURES 3. Form and Style of Bids: Bids shall be submitted on forms identical to the form included with the Bid Documents. All blanks on the bid form shall be filed digitally or manually in ink. Where so indicated by the makeup of the bid form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. Specification and Requirements Form 120 (9/2016) Office of Procurement Management Page 23 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Interlineations, alterations and erasures must be initialed by the signer of the Bid submittal. All requested Alternates shall be proposed if no change in the Total Bid Price is required enter ''No Change". Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refusal to accept award of less than the combination of Bid submittals stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid submittal in any other manner. Each copy of the Bid submittal shall include the legal name of the Bidder and a statement that the Bidder is a sole proprietor, partnership, corporation or other legal entity. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid submittal from a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. 4. Submission of Bids: All copies of the Bid, the bid security, if any, and other documents required to be submitted with the Bid shall be enclosed in a sealed package. Quantity of bids per envelope shall be one. The envelope shall be addressed to the party receiving the Bid submittals and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with notation "SEALED IMPORTANT BID ENCLOSED" on the face thereof. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bid submittals received after the time and date for receipt of Bids will be returned unopened. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bid submittals. Oral, telephonic or telegraphic Bids are invalid and will not receive consideration. 5. Contract Price: Contract Price is to include the furnishing of all labor, materials, overhead expense, equipment including tools, services, for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. 6. Modification or Withdrawal of Bid: A Bid submittal may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by telegram, if by telegram, written Specification and Requirements Form 120 (9/2016) Office of Procurement Management Page 24 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 confrrmation over the signature of the Bidder shall be mailed and postmarked on or before Ibe date and time set for receipt of Bid submittals. A change shall be so worded as not to reveal Ibe amount of the original Bid. Wilbdrawn Bids may be resubmitted up to Ibe date and time designated for Ibe receipt of Bids provided that Ibey are then fully in conformance wilb Ibese instruction to Bidders. Bid security, if required, shall be in an amount sufficient for Ibe Bid submittal as modified or resubmitted. CONSIDERATION OF BIDS 7. Opening of Bid submittals: Unless stated otherwise in the Advertisement or Invitation to Bid, the properly identified Bid submittal received on time will be opened publicly and will be read aloud. An abstract of the Bid submittals will be made available at BidSync.com. Rejection of Bid submittals: The City shall have the right to reject any or all Bid submittals, reject a Bid submittal not accompanied by a required bid security or by other data required by the Bid Documents, or reject a Bid submittal which is in any way incomplete or irregular. Acceptance of Bid submittal (Award): It is Ibe intent of Ibe City to award a Contract to the lowest qualified responsible Bidder provided Ibe Bid submittal has been submitted in accordance with the requirements of the Bid Documents and does not exceed the funds available. The City shall have the right to waive informalities or irregularities in a Bid submittal received and to accept the Bid, which in Ibe City's judgment, is in Ibe City's own best interests. Bids shall be considered only from frrms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Determination of the lowest qualified responsible Bidder, in addition to price, there shall be considered Ibe following: 1. the ability, capacity and skill oflbe ·bidder to perform Ibe Contract 2. whether the Bidder can perform the Contract within the time specified, without delay or interference 3. the character, integrity, reputation, judgment, experience and efficiency of the Bidder 4. the quality of performance of previous contracts 5. the previous and existing compliance by the Bidder wilb laws and ordinances relating to the Contract The City shall have the right to accept Alternates in any order or combination unless olberwise specifically provided in the Bid Documents, and to determine the low Bidder on the basis of the sum of the Total Bid Price and Alternates accepted. Specification and Requirements Form 120 (9/2016) Office of Procurement Management Page 25 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Bid submittals shall remain in effect for a period of not less than 90 days or more than 120 days after receipt of bids. POST-BID INFORMATION 8. Contractor's Qualification Statement: Bidder to whom award of a Contract is under consideration shall submit to the City, upon request, a properly executed Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bid Documents. FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR 9. Form to Be Used: The Agreement for the Work is written by the City Attorney and a draft is included in the Bid Documents. End of Instructions to Bidders Specification and Requirements Form 120 (9/2016) Office of Procurement Management Page 26 of 120 City of Miami Gardens ATTACHMENT A Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 INVITATION TO BID (lTB) NO. 15-16-039(A) SIDEWALK REPLACEMENT AND INSTALLATION ANNUAL CONTRACT REBID 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The City of Miami Gardens, acting as lead City for the Southeast Florida Governmental Purchasing Co-operative Group, is actively seeking sealed bids from licensed contractorCs) for an annual contract for the replacement and installation of new sidewalks on an as needed basis to the City and the Co-Op in full accordance with the specifications, terms and conditions herewith from a source(s) that will give prompt and efficient service. 2.2 TERM OF CONTRACT: It is requested that the bidderCs) quote fixed unit prices that will be guaranteed to the City of Miami Gardens and the Southeast Florida Governmental Cooperative for an initial period of one (1) year, which is expected to begin after contract award. The City reserves the right to exercise the option to renew annually (subject to the appropriation of funds), not to exceed a maximum of four (4) years. Annual renewals will be based on the successful bidder(s) agreeing to the same terms and conditions and by filing written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the contract amount. Contract renewal shall be the City's. prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. This contract may not be an exclusive contract. No price increase will be accepted during the initial contract period. Renewal terms allow for a request for an increase at the time of renewal based on bidder's second and third year hourly rates. No more than one price increase will be accepted during the renewal period. The contractor may make application for price adjustment to the renewal contract if the Consumer Price Iodex; U.S. Bureau of Labor Statistics; All Urban Consumers; U.S. City Average; that occurred between the newestC.P.I. index publication available at time of request increases _5_% or more during this period of the contract. If during the contract period, the total C.P.1. decreases 3% or more, the contractor is required to extend to the City a price decrease equal in percentage to the percentage of the index. Orders will be placed to vendors on as-needed when needed basis to meet each City's requirements. 2.3 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible bidder by total bid price. A bidder must bid on all items within the bid sheet to be considered for award; otherwise, the bid will be constmed as incomplete and shall be rejected. The City reserves the right to award a primary and secondary contractor if it is in the best interest of the City and the Co-Op based on total bid price. Purchase Orders for task orders will be made on the basis of the unit prices submitted. Page 27 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 These items and quantities are projections, and shall not be construed as a base bid or a guaranteed amount. 2.4 PAYMENT: Payment will be made upon final completion and acceptance, by the City, of each assigned project. Payments will be made in accordance with Florida Prompt Payment -45 days from receipt of invoice. No draws or partial payments will be made while work is in progress. The City will pay the contract price minus any liquidated damages and/or other damages to the Contractor upon final completion and acceptance. Bidder must submit a lump sum price inclusive of all labor, parts/supplies, equipment needed to furnish, deliver, erect, install and connect completely all of the material and appliances described herein and in the drawings, and supply all other incidental material and appliances, tools, transportation, etc., required to make the work complete and to leave the area in first class operating condition. PURCHASING CARD PROGRAM: The City has implemented a purchasing card program through Bank of America, using the VISA network. Contractors will receive payment from the purchasing card and have the ability to accept VISA or take whatever steps necessary to implement the ability before the start of the agreement term. The City can only accept VISA, however, the purchasing card is not the exclusive method of payment. Please indicate your ability to accept Visa purchasing card in the designated area of the Bid. INVOICES: Invoices submitted for payment shall contain the purchase order number and/or work orderlbid number; details of service( s) performed including service date, unit costs and location of service. Copies of invoices or other appropriate documentation shall be provided for each job to support their actual costs prior to reimbursement upon request from the City. Failure to itemize the aforementioned shall result in the invoice being returned for adherence to the same. 2.5 COMPLETION TIME: Contractor shall actively start each project within fourteen (14) calendar days after written Purchase Orders/task orders (furnished by mail or facsimile) and shall stipulate final completion time in consecutive calendar days prior to start of each task order. The Work shall be carried on regularly and uninterruptedly with sufficient force to insure its completion with the time limit set. Failure to begin shall render the Contractor liable to the City for the sum of One Hundred Dollars ($100.00) per day as liquidated damages for each and every calendar day delay in commencing work. For reasons satisfactory to the City's Representative, the City may waive any claims on the Contractor for the damages referred to. The City seeks a source of supply that will provide accurate and timely completion. The awarded contractor must adhere to completion schedules. If, in the opinion of the Public Works Director, Page 28 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 the successful contractor fails at any time to meet the requirements herein, including completion requirements, then the contract may be cancelled upon written notification for default of contract. 2.6 FAILURE TO PERFORM: If, in the opinion of the City's representative, the Contractor refuses to begin work, improperly perform said work, or shall neglect or refuse to take out or rebuild such work, as shall have been rejected or as being defective or unsuitable, then City's representative may notify the Contractor to repair and replace work immediately or discontinue all work under this Contract. If at any time the City's representative shall be of the opinion that the said work is being unnecessarily delayed and will not be finished within the prescribed time then City's representative may notify the Contractor to discontinue all work under this Contract. The Contractor shall immediately respect said notice and stop said work and cease to have any rights in the possession of the ground and shall forfeit this contract. The City may thereupon look to the next lowest and responsive and responsible contractor to complete the work or advertise for bids and let a contract for the uncompleted work in the same manner as was followed in the letting of this Contract and charge the cost thereof to the original Contractor upon his contract. Any excess cost arising therefrom over and above the original contract price shall be cbarged to tbe Contractor. 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this solicitation, the prices quoted by the bidder on the Bid Sheet shall remain fixed and firm during the term of this contract; provided, however, that the Bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.8 CONTACT PERSON: For any additional information regarding the specifications and requirement of this proposal, contact: Scott Shaw, Fax: (305) 474-1285, e-mail: sshaw@miamigardens-fl.gov. 2.9 BID BOND: Ten Percent (10%) Each Bid submittal shall be accompanied by a bid security equal to ten percent (10%) of the vendor's total bid amount pledging that the Bidder will enter into a Contract with the City on the terms stated in the Bid document and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising there under. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the bid security shall be forfeited to the City as liquidated damages, not as a penalty, the City and Bidder having agreed that the damages which will be suffered by the City are not subject to specific ascertainment. 2.10 PERFORMANCE BOND: When requested by the City, the proposer to whom a contingent award is made, shall duly execute and deliver to the City a Performance and Payment Bond in an amount that represents one hundred (100%) percent of the vendors offer price, to be in the form of a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statue Page 29 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 287.0935; a Cashier's Check, made payable to the City of Miami Gardens; or an Irrevocable Letter of Credit. If the latter is chosen, it must be written on a bank located in Miami-Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami Gardens. The City, to draw on the same, would merely have to give written notice to the bank with a copy to the successful proposer. The successful proposer shall submit the stipulated performance and payment bond within ten (10) calendar days following notice of award. Should the awarded proposer fail to deliver the Performance and Payment Bond within the specified time, the proposer shall surrender its offer guaranty/bid bond. 2.10 LIQUIDATED DAMAGES: In accordance with "Article 3" stipulated in signed/executed contract. 2.11 BID CLARIFICATION: Any questions or clatifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Office of Procurement Management, 18605 N.W. 27th Avenue Miami Gardens, FL 33056, FAX: (305) 474-1285. The bid title/number shall be referenced on all correspondence. All questions must be received no later than November 2, 2016 at 3:00PM local time. All responses to questions/clatifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.12 CONDITIONS OF WORK: If propetty (public or private) is damaged performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the contractor in a marmer acceptable to the City. Such propetty shall include but not limited to: but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. Contractor shall submit to the City authorized personnel for review, pictures or video of the work site( s) having pre~existing damage to structures, parkways, sidewalks, approaches, sod, swales, adjacent improvements, etc. before beginning work. Failure to do so shall obligate the contractor to make repairs per above paragraph. 2.13 PROTECTION: Contractor shall be solely responsible for pedestrian and vehicular safety and control within the work site and shall provide the necessary warning devices, barricades and ground personnel needed to give safety, protection and warning to persons and vehicular traffic within the area. All safety devices must have suitable and sufficient lighting for the prevention of accidents. All minimum safety standards required by Municipal, County, State and Federal ordinances and laws shall be strictly met by the contractor. 2.14 HOURS OF WORK: Contractor will perform work Monday through Thursday 7:30AM to 5:30PM unless otherwise requested in writing by the City. Only clean-up and other items not requiring inspections can be Page 30 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 done outside the above normal City work hours. Additional Friday and Saturday hours (excluding holidays) shall be arranged on an as needed basis with prior written approval given by the City. The Contractor shall pay for the cost of the City's inspector if Contractor works outside of normal City work hours. 2.15 EMPLOYEES: Contractor shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). Personnel must be able to supply proper identification at all times. All employees of the contractor shall be considered to be at all times the sole employees of the contactor, under the contractor's sole direction, and not an employee or agent of the City. The contractor shall supply competent and physically capable employees and the City may require the contractor to remove any employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on City property is not in the best interest ofthe City. City shall not have any duty to implement or enforce such requirements. Each employee of the Contractor shall be citizen of the United States or an alien who has been lawfully admitted for permanent residence as evidence by an Alien Registration Receipt Card. The Contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965, (18 USC4082)(c)(2). Contractor shall assign an on-site, "On Duty" supervisor who speaks and reads English. 2.17 SAFETY MEASURES: Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by hislber operation and work in progress must be posted. All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity -work shall cease until it is safe to proceed. 2.18 ACCIDENTS: The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to any who may be injured in the process of the Work. The Contractor shall comply with OSHA requirements as defined in the United States Labor Code 29 CPR 1926.50 2.20 STORAGE OF MATERIALS: The contractor must provide for own storage of material and equipment, if needed. No on-site storage is permitted at the work area or other public areas. Page 3t of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Safeguarding of all Contractor-owned equipment, tools, materials, vehicles and surplus fabric is the responsibility ofthe contractor and employees. The City of Miami Gardens assumes no direct or implied responsibility for the theft, vandalism, injury or other undesirable actions occurring to or performed with any Contractor-owned materials. 2.21 PERMITS: No permits are required for the City of Miami Gardens, however, inspections shall be made in accordance with Section 03.1602 Quality Assurance. Contractor shall be responsible for obtaining any permits required by the other participating agencies. Contractor shall veriJY all locations of underground utilities with Sunshine One Call, Peoples Gas, Southern Bell, TCI cable, etc. prior to any work. Contractor shall contact proper authorities for raising utility boxes (manhole covers, valve boxes, water meters, sanitary sewer clean-outs). All work not stated herein shall be in compliance with the Florida Building Code and all other national, state, and local codes and regulations. All perinits to be posted on job site. All inspections shall be requested a minimum of twenty-four (24) hours prior to inspection. Inspection shall be required at the following stages of construction: a. Subgrade prep completion b. Sidewalk and curbing formed prior to pouring concrete c. Paving and compacted lime rock d. Final 2.22 DISPOSAL OF WASTE: Contractor shall be responsible for disposal of waste materials, rocks, vegetation, concrete, spoil, existing irrigation material, containers and any and all excess materials, etc. at an off site location on a daily basis in accordance with local, state and federal regulations. City dumpsters are not to be used by contractor. 2.23 WARRANTY: The successful contractor will be required to warranty all materials and workmanship to be in compliance with the specifications for a period of twelve (12) months after acceptance of project. 2.24 REFERENCES/CONTRACT EXPERIENCE: Each bid submittal must be accompanied by a mlDlmum of three (3) references, of prior experience and similar work which shall include contact person, telephone number, facsimile number and e-mail address. It is the responsibility of the bidder to ascertain that the contact person will be responsive. Page 32 of 120 City of Miami Gardens 2.25 COMPLETE PROJECT REQUIRED: Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622·8000 FAX (305) 474·1285 These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 2.26 BID SUBMITTAL: All bids submitted shall include the completed Bid Sheet and all required product information and any other items as indicated on the Bid Sheet. Bids will be considered ''Non·Responsive'' if the required information is not submitted by the date and time specified. Before submitting bid, each bidder shall make all investigations and examinations necessary to ascertain if any addendums were issued by the Office of Procurement Management. 2.27 BIDDER QUALIFICATIONS: In order for bid submittals to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to cerdry that the bidder: maintains a permanent place of business; possess the required licenses; has technical knowledge and practical experience in the type of equipment included in this scope of work; has available the organization and qualified manpower to the work and has adequate financial status to meet the financial obligations incident to the work. In order for bid submittals to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work and meet the minimum qualifications. The miniruum qualifications shall include: 1) a current general contractor's license; 2) at least three (3) years experience as prime contractor in the installation of sidewalks on public right of ways for public sector agencies, with more experience desirable. Bidder must provide the specified number of references and documentation demonstrating the same or similar work experience for a public sector entity. Evidence shall include all information necessary to certiry that the bidder: maintains a permanent place of business; possesses the required licenses; has technical knowledge and practical experience in the type of equipment required and included in this scope of work; has available the organization and qualified manpower to perform the work and has adequate bonding capacity to meet the payment and performance obligations and guarantees necessary to ensure completion ofthe work. 2.28 LATE PROPOSALS: The City of Miami Gardens cannot accept bid submittals received after opening time and encourages early submittal. 2.29 EXCEPTIONS TO SPECIFICATIONS: Page 33 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Exceptions to the specifications shall be listed on the Bid Sheet and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the proposal to be considered non-responsive. 2.30 COMPLETE INFORMATION REQUIRED ON BID SHEET: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid proposal, the ORIGINAL AND THREE COPIES of the Invitation to Bid and Bid Sheet pages must be returned, properly completed, in a sealed envelope as outlined in the frrst paragraph of General Conditions. STATEMENT OF BIDDER'S EXPERIENCE PROOF OF INSURANCE REFERENCES CONTRACTORQUESTIONNAffiE SUB-CONTRACT LIST 2.31 PARTICIPATING AGENCIES: Each participating governmental City will be responsible for issuing its own Purchase Obligations/task orders. Each City will require separate billings, be responsible for payment to the awarded contractor and issue its own tax exemption certificates as required by contractor. Invoicing instructions, site locations, and bonding requirements, if applicable, will be in accordance with the respective City's requirements. Any reference in this document to a single City, will be understood as referring to all participating agencies referenced in this bid. Municipalities and other governmental agencies which are not members of the Southeast Florida Governmental Cooperative Purchasing Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Co-Op members may participate in this contract for new usage, during the contract term, or on any contract extension term, if approved by the lead City_ New Co-Op members may participate in any contract, on acceptance and approval by the lead City. A contact list, (consisting of Name, Agency, Address, and Phone number), of participating agencies will be provided. City of Miami Gardens, as lead agency, reserves the right to add to this list. Page 34 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 INVITATION TO BID (ITB) NO. 15-16-039(A) SIDEWALK REPLACEMENT AND INSTALLATION ANNUAL CONTRACT REBID 3.0 TECHNICAL SPECIFICATIONS GENERAL SCOPE OF WORK -Contractor will not be required to replace or install less than a combined 100 linear feet of sidewalks within one square mile per task order and/or purchase order. A. Contractor shall furnish all materials, labor, supervision, and transportation, permits, licenses, equipment and any incidentals necessary to perform these services as stated herein. B. The work includes removal of grass and other materials to prepare the groond for sidewalk installation. Additional tasks will include installation of handicap ramps at intersections of Streets and Avenues where indicated by each City. All form work and site preparation shall be conducted with minimum impact andlor damage to the adjacent properties. C. Remove and dispose of existing trees as indicated by each City. All trees to remain shall be preserved. See Tree Removal and Preservation Specifications. Size of tree will be paid based on proof from the contractor of size. If proof is not provided, each City will make such determination of size deemed acceptable. D. New four andlor six inches thick sidewalks shall be constructed in accordance with Florida Accessibility Code for Building Construction, latest edition, and Section 522 of the FDOT- SSR&BC, latest edition and other requirement as required. E. Handicap ramps shall be installed at intersections of Streets and Avenues within the ROW only, per Typical Handicap Ramp Layout Detail. F. Any disturbed swale areas, private property, other public property shall be re-sodded per Sod Specifications and graded properly as per specifications at the Contractor's expense. G. Where any existing elevation is lower than sidewalk, lime rock must be spread and compacted to a minimum of95%. Lime rock may be used where there is no approach and between new sidewalk to fill any gaps. Compacted to avoid settling. Delivery Ticket must be provided to City to determine payment. City Engineer must pre-approve. H. Any damage to the roadway, driveway approaches, driveways, abutting sidewalks, aprons surrounding catch basins, manholes, etc. shall be repaired at no expense to the City, if determined Page 35 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 by the City to be repairs due to negligence or lack of coordination on the part of the Contractor. Re-paving shall be per Pavement Specifications and Miami-Dade County Public Works Manual. I. Purchase and installation of Florida #1 Live Oak Trees, Mahogany, Crape Myrtle and or Silver Buttonwood with 10' tol2' overall height. J. Drawings added include the following: 1. Planting Detail 2. FOOT Curb and Gutter Index 300 3. Pedestrian Ramps, FOOT Index 304 4. Sidewalk Detail, FOOT Index 310 5. Dade County Public WOlKS Department Standard Road Detail Pedestrian Ramps In Public ROW R 13.3. K. At the discretion and direction of each City, each block where sidewalks are to be installed, surveys will be required to establish RO.W. centerline and width and/or to establish the required property line for the construction of new sidewalks. This service shall be performed by a Professional Registered Surveyor in the State of Florida. 03.151 SECURITY END OF SECTION REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 031500 TEMPORARY FACILITIES A. The contractor is responsible for project security. Contractor shall protect and secure the site, materials, and equipment from theft and damage, by whatever means deems effective, at Contractor's cost. B. Work site(s) must be protected properly in accordance with all Federal, State, County and Municipal laws and ordinances, at the end of each work day and weekends. 03.152 SPECIAL CONTROLS A. Water Control: 1. Keep excavations dry. Page 36 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 2. Shape excavations, particularly piles of excavated material, so as to divert water from excavations and low spots. B. Erosion and Sedimentation Control: 1. Prevent the pollution of land, air and water and control the erosion, washout and surface runoff of earth and stockpiled materials. 2. Fill material shall contain no organic matter other than the normal organic component of topsoil. 3. Immediately upon completion of final grading, stabilize graded areas with temporary or pennanent vegetation, mulch, or paving. 03.153 MAIN1ENANCE OF TRAFFIC A. Control ofvehic1es and Persons: 1. Provide trained personnel to assure the orderly flow of vehicular traffic during construction. 2. Contractor shall submit a Maintenance of Traffic Plan (MOT) for review and acceptance by each City when required. 3. Upon completion of work each day the lanes shall be opened to traffic. Lane closure procedures shall be in accordance to the F.D.O.T. standards .. 4. Ensure that private property driveways are usable upon completion of daily work. B. Limit of Operations: 1. Any damage or alterations to area outside limit of operations shall be returned to original condition within 24 hours at no cost to the City. 03.154 PROJECT IDENTIFICATION A. No signs, or advertisements will be allowed to be displayed on the premises without the approval of each City's Representative. 03.155 PROJECT HOUSEKEEPING A. Trash Disposal Page 37 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 1. Keep adjacent streets and site free from accumulations of waste materials and rubbish. 2. Provide central waste area with containers for at least daily removal. B. Burning: 1. Do not burn any trash or other material on site. C. Material Removal! Additional Soil: 1. Excess material, including demolished material, roots from trees, excess earth and excess building materials are property of the contractor and shall be removed from site daily and legally disposed of. 2. All material excavated or brought to the project for use/reuse shall be piled within the Public Rigbt-of-Way in a location previously approved by the City. 3. The Contractor shall leave all locations in an acceptable marmer once concrete has been poured. Contractor shall coordinate work to ensure that all sites are clean, sodded as required, and acceptable prior to mobilizing to other locations. 4. The Contractor sball replace any sad, concrete and/or asphalt removed, damaged or displaced during demolition or performance of work at Contractor expense. 03.1601 DESCRIPTION END OF SECTION REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 031600 POURED CONCRETE Sidewalks & Handicap Ramps & Curbs A. Provide poured concrete at locations where no sidewalks or ramps exist to be per drawings and specifications B. Provide poured concrete in locations where existing sidewalk must be replaced per drawings and specifications C. Provide curb cuts where proposed sidewalks andlor handicap ramps are installed and there is a conflict with existing curbs. Curb cuts shall be per FDOT design standards. All curbs shall be cut Page 38 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 and transitioned in an acceptable manner. All surrounding pavement, sod, asphalt shall be restored to match the elevation of new concrete curbing and sidewalk at the Contractor's expense. 03.1602 QUALITY ASSURANCE A. Testing and inspection ofIru;tallation I. Concrete shall not be poured, placed or installed until such time of an inspection of forms has taken place by the City authorized personnel. inspections shall be made to verify appropriate compaction of subbase and to check forms for line and grade. 2. The City will inspect the installation. If any concrete is found to be installed improperly, the Contractor will be required to remove and replace promptly. Upon notifications from the contractor, the City will perform a re-inspection. Should additional concrete be found to be unsatisfactorily installed, and additional inspections required, these inspections shall be at the Contractor's cost, at the discretion of the City. 03.1603 PRODUCTS A. Concrete 1. Forms: Steel, wood, or other suitable material of size and strength to resist movement during concrete placement. Conform to ACI 301. 2. All Joints if required by City: Joints must be scribed to help prevent cracking per FOOT design standards 3. Concrete Mix Design: Mix concrete shall be provided from a FOOT approved supplier. Mix design certification will be required before the unset of any work Design Mix to produce normal-weight concrete coru;isting of Portland cement, aggregate and water to produce the following properties: a. Compressive strength: 3000 psi, minimum at 28 days b. Slump range: 4" to 6" c. Un-reinforced B. Biobarrier 1. Hort Enterprises -Ft. Lauderdale (954) 771-5761 or equal. Twelve inch (12") wide roll. Page 39 of 120 City of Miami Gardens C. Lime Rock -Miami Oolite Formation Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 1. Lime rock shall be in accordance with FDOT Standard Specifications for Road and Bridge Construction, Section #911 or latest edition. Material shall be fragmented or broken up to such a size that not less than 97% will pass a 3 1/3" sieve. a. Carbonates of Calcium and Magnesium Min. 60.0 OR LBR exceed 150 b. Organic Matter Max. 0.5 D. Detectable Warning Surfaces 1. Cast-In-Place type shall be in accordance with ADA Regulation for Detectable Warning on Curb Ramps and shall consist of a surface of truncated domes aligned in a square of radial grid pattern and shall comply with R304. 2. Replaceable or Surface Mount type shall be in accordance with ADA Regulation for Detectable Warning on Curb Ramps and shall consist of a surface of truncated domes aligned in a square of radial grid pattern and shall comply with R304. 03.1604 EXECUTION A. Inspect surfaces for conditions that will adversely affect the quality of installation. Do not proceed with the installation until adverse conditions have been corrected. B. Compact subbase surface immediately before placing concrete. C. Clearing and grubbing, removal and disposal of existing dirt, grass, roots. D. Replace organic material with clean fill and installed up to 6" lifts and compact to a minimum of 95% compaction. Contractor shall submit type of clean fill for City's approval prior to construction. E. The City has the right to request compaction test at locations chosen by the City. Should compaction tests be found to be unsatisfactory, and additional testing will be required, these compaction tests shall be at the Contractor's cost, at the discretion of the City. F. Concrete finishing: a. Smooth surface by screeding and floating. Produce a uniform texture. Page 40 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 h. Work edges ofslah to a)-2" radius. Eliminate tool marks on concrete surface. c. Broom finish after excess moisture has disappeared. d, Concrete finishes with graffiti or indentations are unacceptable and must be replaced at the Contractor's expense, 03,1605 INSTALLATION A, General: Comply with requirements Florida Accessibility Code for Building Construction, latest edition, and Section 522 of the FDOT -SSR&BC, latest edition and other requirement as required, B. All sidewalks shall be a minimum of four inches (4") thick except across driveways, driveway approaches, and first five feet (5') of ramps closest to paved roadways where they shall be a minimum of six inches (6") thick. C. Sidewalk elevation shall be two inches (2") above the crown of the road, at the back side of the sidewalk, and the pitch shall be Yo inch per foot toward the road. Elevation may be adjusted, based on the existing grade, as approved by the City. D. Contractor shall ensure that where handicap ramps are installed per FDOT design standards. The cut shall be provided at least one foot (1') behind the transition point. All modifications to the curb shall match existing curbs and shall be flush without exception. E. No wire or wire mesh shall be utilized. F. Concrete shall not be poured, placed, or installed until such tiroe as an inspection ofall sites has taken place as per Section 3.1602 QUALITY ASSURANCE. IF ANY WORK OR PORTION OF WORK HAS NOT BEEN INSPECTED AS PER SECTION 3.1602, THAT PORTION OF WORK SHALL BE IMMEDIATELY REMOVED AND REPLACED ONCE THE INSPECTION HAS BEEN CONFIRMED AT NO COST TO THE CITY. G. Place concrete using methods which prevent segregation of mix. Consolidate concrete along face of forms and adjacent to transverse joints with internal vibrator. Keep vibrator away from joint assemblies, or side forms. Use only square-faced shovels for hand-spreading and consolidation. Consolidate with care to prevent dislocation ofre-enforcing, dowel, and joint devices. H. Deposit and spread concrete in a continuous operation between transverse joints, as far as possible. Page 41 01120 City of Miami Gardens Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 1. Contractor shall replace all damaged or misaligned private walkways and driveways with a transition to the private property at 8 to 1 maximum fill slope transition. AlIother locations shall have a 4 to I fill slope transition. Organic material or lime rock, City will determine which material, may be used in areas outside walkways and driveways that require fill slopes. J. Avoid premature cracking by installing expansions joint where and when required by City, per FDOT specification. K. Utility boxes shall be raised to sidewalk elevations or flushed with sidewalk as to prevent trip hazard. If existing water meter boxes are broken prior to installation, the Contractor will supply . replacement. If utility boxes are broken during installation Contractor must replace at its own expense. L. Install Bio-barrier prior to forming and pouring concrete. M. Install Bio-barrier at existing trees and new trees. Length ofbiobarrier shall be ten feet (10') long centered on the tree by twelve inch (12") deep at one inch -two inch (1"-2") below the top of the sidewalk. See Section 31800 for additional information. N. Concrete shall not be poured, installed or place around manholes, cleanouls, or other structures until they are at required elevations and alignment. Contractor shall notifY the City in writing of manholes, cleanouts, or other items that may require relocation or modification prior to pour. O. All sidewalk that the City has determined to be replaced due to deterioration, cracking, uplifting, improper sloping, misalignments, grade, etc. will be removed and replaced as required by specification. P. Removal of existing sidewalk shall be performed by saw cutting the section of unacceptable sidewalk (as determined by the City) at the nearest acceptable five foot (5') flag. New sidewalk shall be poured in its place as established by specifications. Q. All areas where existing sidewalk is to be replaced must be prepared and graded to match adjacent sidewalk flags. R. All replacement sidewalk sections shall be installed to match the existing sidewalk elevation. Page 42 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 S. Contractor shall restore all sites to the pre-existing condition or better, adding sod at Contractor's expense if existing is damaged. If existing site, prior to sidewalk replacement/installation, does not have sod, clean fill (soil) must be added to avoid gaps next to sidewalk. T. Cast-In-Place tactile units shall be used for new ramp locations. Tactile units can be pre-filled wlconcrete and set in place or pressed into place in freshly poured concrete. On ramps that are perpendicular with curb line the dome pattern shall be in-line with the direction of travel. On ramps intersecting curbs on a radius, the dome pattern shall be in-line with the direction of travel to the extent practical. U. Replaceable or Surface Mount tactile units shall be used on existing concrete or damaged existing detectable warning surfaces. Installation area shall be cleaned of all debris, oil and grease, to ensure area is completely free of moisture. All concrete dust present on the tactile panel resulting from drilling process must be cleaned off tactile panel prior to using any caulking materials. Caulk around perimeter of entire installation using Sonneborn NPI or approved equivalent. On ramps that are perpendicular with the curb line the dome pattern shall be in-line with the direction of travel. On ramps intersecting curbs on a radius, the dome pattern shall be in-line with the direction of travel to the extent practical. 03.1701 PROTECTION END OF SECTION 031600 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 031700 PROTECTION STORM DRAINS A. All storm drain inlet must be protected, from sediments entering the storm water conveyance system prior to disturbance to the area. B. All sediment and erosion control practices must be in accordance with the Florida Department of Environmental Protection Storm Water Sediment and Erosion Control Manual Section 4.08 (Storm Drain Protection Procedures) (Best Management Practices BMPs). END OF SECTION 031700 Page 43 of 120 City of Miami Gardens 03.1801 DESCRIPTION Office of Procurement Management 18605 NW 21ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 031800 CONCRETE CURB AND GUTTER A. All curb and gutter shall be formed and installed in accordance with State of Florida Departtnent of Transportation Roadway and Traffic Design Standards (FDOT). Curb and gutter not installed in accordance with these specifications will be removed and replaced at the expense of the Contractor. B. Related work: 1. Clearing and Removal: Section 031500 03.1802 QUALITY ASSURANCE A. Testiog and Inspection of Installation: The City will inspect the installation. If any concrete is found to not be installed adequately, the Proposer will be required to remove and replace promptly. Upon notifications from the proposer, the City will perform a re-inspection. Should additional concrete be found to be unsatisfactorily installed, and additional inspections required, these inspections shall be at the Contractor's cost, at the discretion of the City. 03.1803 PRODUCTS A. Concrete 1. Forms: Steel, wood or other suitable material of size and strength to resist movement during concrete placement. Conform to ACI 301. Height shall be equal to the full depth of the finished sidewalk, curb and gutter with a flat top surface and be inspected and approved by the City prior to pouring. 2. Concrete Mix Design: Mix concrete in accordance with ASTM C94 Design Mix to produce normal-weight concrete consisting of Portland cement, aggregate and water to produce the following properties: a. Compressive strength: 3000 psi, minimum at 28 days b. Slump range: 4" to 6" c. Air content: 5% to 8% 03.1804INSTALLATION Page 44 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 A. Cast-in-place curb and gutter Type" F" shall be of thickness, size, shape and shall be 24" x 12", including drop curb, transitions, and reconstruction of base where required. B. Cast-in-place curb Type "D" shall be of thickness, size, shape and shall be 12" , including drop curb, transitions, and reconstruction of base where required. C. Valley-gutter shall be of thickness, size, shape of standard FDOT gutter D. Curbs shall receive a broom finish. Two I \1," PVC sleeves of adequate length shall be provided by the Contractor to go under all required curb and gutter to allow for electrical and water access. E. Gutter elevations shall maintain a consistent elevation with roadway and shall be installed so as not to obstruct the natural flow of ron-off in the area. F. Saweuts shall be provided every ten feet (10') to a depth of 1/8" -W'. G. Proposer shall cut the roadway straight and even with asphalt cutting equipment where the curb and gutter meets the existing roadway. Any voids between the new curb and gutter and existing asphalt shall be filled with F.D.O.T. approved asphaltic concrete patch. Concrete voids shall also be filled with FD.O.T. approved concrete patch. H. Clearing and grubbing, removal and proper disposal of existing curb and gutter. Restoration of sites to pre-existing condition or better, adding sod at Contractor's expense if damaged. Clean fill (soil)( if no pre-existing sod at location) must be added to avoid gaps next to curb. 03.1801 REMOVALS END OF SECTION 031800 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 031900 TREE REMOVAL & PRESERVATION A. ONLY the trees andlor shrobs that are deemed by the City to interfere with the intent of the contract shall be removed or root proned as needed. All cost associated with vegetation removal andlor root pruning, trimming, clearing and grubbing, grinding of stumps and roots shall be included with the unit price. Page 45 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 B. The contractor shall be required to review the site prior to perfonnance of work and ensure no conflicts exist. Any tree in contlict with the expected location of new sidewalk shall be reported to the City for review. C. Remove trees and grind stumps and all surface roots to a minimum of 12-inches below grade. D. Restore the location where tree removals take place with soil and sod at grade. 03.1902 PRESERVATION The following actions and precautions shall be done to protect any trees that will remain in all of the construction areas during construction. These trees shall be those located near new sidewalk installation. A. Root Pruning 1. All existing trees shall be root pruned along the sidewalk prior to sidewalk removal, excavation and installation. 2. The root cutting shall be clean with no tears with root pruning machine. 3. The cut shall extend from the tree out 4 feet minimum in both directions, or as the field may pennit to ensure the protection of the tree. 4. The cut shall be 12 inches below grade. 5. The cut shall be no wider than 3 inches. B. Protective Barriers 1. Barriers shall be placed no less than 6 feet around each tree or no less than 1 fuot from edge of street, sidewalk or driveway. 2. Barriers shall be a minimum of 4 feet above ground level, constructed of wood, metal or rigid plastic, in the fonn of a fence. No barrier shall be secured in any way to the tree. 3. Barriers shall' be in installed prior to construction and remain until the City authorizes their removal. 4. No excess oil, fill, equipment, building materials or debris shall be placed within the barriers. 5. The existing grade within the barrier shall not be changed. Page 46 of 120 City of Miami Gardens END OF SECTION 031900 Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 032000 SOD & INSTALLATION 03,2001 MATERIALS A, Sod shall be St Augustine 'Floratam', grade A B. Sod shall be Bahia Sod, grade A C. Sod shall be weed and insect free. 03,2002 INSTALLATION Those areas disturbed as a consequence of sidewalk installation and those areas disturbed as a consequence of Contractor mobilization and stock piling shall be restored promptly at Contractor's expense. The Contractor shall not utilize methods of mobilization or execution of work that impacts private/public areas excessively and/or in a marmer that is unacceptable to the City. Contractor shall ensure that all private and/or public areas impacted by the mobilization, stock piling, or lack of coordination as interpreted by the City are restored at no cost to the City. A. Only damaged areas grass in swales and on private property shall be replaced. Where sidewalks are required to be elevated above existing grade, swales shall be graded to a 12 to 1 fill slope with sod. B. Sodded areas shall have any compaction relieved, graded, clearing, grubbing, raked smooth and rocks or debris removed. D. Areas along street and sidewalk shall be 2 inches below that surface so installed sod will be level with that surface. E. Sod will be laid tightly together, and cut to a uniform edge along hard surfaces and around trees or palms. The sod around trees or palms shall be laid encircling to within 18 inches, or up to the berm surrounding newly installed trees or palms. G. Sod shall be watered within one hour of installation and shall be maintained moist 03.2003 QUALITY ASSURANCE A. No sub-par sod, or broken pieces will be accepted, and shall be removed from the site daily. B. No yellow sod will be accepted. Page 47 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 C. Sad shall not be pieced together with scraps that do not have sufficient roots to sustain growth. D. Contractor is responsible for his own square foot take-offs to provide 100% sod coverage throughout the scope of the project. E. Rejected areas will be removed and replaced immediately, and all sad maintained until final acceptance. 03.2004 CITY REQUESTED SOD INSTALLATION The City may request the installation of st. Augustine or Bahia sad which shall be installed as above. The Contractor shall be responsible for watering of St. Augustine sad for the thirty (30) day establishment period. END OF SECTION 032000 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 032100 PAVEMENT 03.210 MATERIALS A. Asphaltic Concrete Type ill including Tack Coat B. Concrete 3,000 PSI 03.2101 PAVEMENT A. Pavement repairs of asphalt driveway approaches and section of driveways affected by installation of sidewalks shall be re-installed with one inch (I") of asphalt in accordance with the FDOT Manual of Uniform Minimum Standards for Design, Construction & Maintenance for Streets & Highways, latest edition. B. Concrete repairs may be limited to damage which results as part of construction and elevation changes of the new sidewalk. C. The City may request Contractor to repair any existing driveway approaches that are damaged prior to installation of sidewalk. 03.2102 EXECUTION A. Contractor shall repair asphalt/concrete driveway approaches where existing approaches are damaged by construction process at Contractor's expense. Contractor shan photograph all existing approaches and sidewalks prior to starting construction or risk repairing at his cost. 03.2103 QUALITY ASSURANCE A. Testing and Inspection ofInstallation Page 48 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 1. The City will inspect the installation. If any asphalt or concrete is found to not be installed adequately, the Contractor will be required to remove and replace promptly. Upon notifications from the contractor, the City will perform a re-inspection. Should additional asphalt be found to be unsatisfuctorily installed, and additional inspections are required, these inspections shall be at Contactor's cost, at the discretion of the City. 03.2201 MATERIALS END OF SECTION 032100 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 032200 TREES A. Live Oaks, Mahogany, Crape Myrtle, Silver Buttons shall be graded Florida #1 or better. B. Ten to Twelve foot (10' -12') Oaks shall have a minimum spread of five foot (5') and a caliper of two inches (2"). 03.2202 INSTALLATION A. Trees shall be installed in a straight line. B. Bottom of planting hole shall be scarified to a minimum depth of eight inches (8"), breakthrough and loosen all hardpan (remove if necessary to fucilitate drainage). C. Set tree level with its original grade or slightly higher no more than I" to 2". D. Backfill planting hole after tree is set with soil consisting of a homogeneous mixture of: 40% sand, 45% peat moss, 15% pine bark and mixed with: 50% with the excavated soil from the planting site. E. Tree shall be thoroughly watered in to eliminated any and all air pockets. F. A six inch (6") high rim of dirt shall be installed around excavated hole to form a saucer shape, which will hold water around the rootball. F. Fertilizer Agriform tablets 20-10-5, six (6) per tree shall be applied during backfilling of hole. H. A three (3") layer of mulch shall extend from the outside rim to the saucer to three inches (3") away from the base ofthe tree. Page 49 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 I. Tree shall be braced using three (3) 2" x 4" x 8" stakes attached with black rubber hose 1'," dia. tied with double strand 12 gauge galvanize wire. 03.2203 POST MAINTENANCE A. Contractor is responsible for all maintenance of the tree during the warranty period of the one~year. This includes but is not limited to: weeding, re-mulching, re-staking, pruning, (if required), retention saucer repair, etc. The Contractor shall be responsible for watering of the newly installed trees for an establishment period of thirty (30) days. 03.2301 CONDITONS END OF SECTION 032200 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 032300 IRRIGATION A. Contractor is responsible for identifYing any irrigation piping that residents may have either in the swale or along the existing sidewalk. Any irrigation piping, sprinklers or wiring must be replaced and relocated when lines are encroaching into the ROW where new sidewalks are to be installed, to the residents' satisfaction. B. Contractor shall identifY and document all locations and notifY the City's authorize personnel of any existing irrigation systems. Documents will be used by the City's authorize personnel for inspection to verify satisfactory repairs or replacements. 03.2302 INSTALLATION A. Any piping that is removed shall be replaced with same diameter PVC. Schedule 40 PVC fittings shall be used. B. Sprinklers shall be new four inch (4") or less pop-up head with a maximum spray radius of fifteen (15') feet. END OF SECTION 032300 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 032400 Page 50 of 120 City of Miami Gardens FENCING 03.2401 MATERIALS Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 A. Chain link fabric -Shall be, steel No.9 gauge wire woven, in a two inch diamond (2") mesh, hot dipped galvanized anchor fence with a zinc coating a minimum of 1.2 ounces per square foot complying with ASTM A-392. Weight of zinc coating shall be determined as defined in ASTM Designation A-90. B. Posts and Other Appurtenances -All posts and other appnrtenances used in the construction ofthe fence shall be hot dipped galvanized with a minimum of 1.8 ounces per square foot of surface and black or green vinyl coated as noted above. Pipe sections shall conform to the requirements of ASTM Designation A-53. End, line and comer posts shall be two inch (2") 0.0. pipe weighing 2.27 Ibs. per linear foot. C. Railing-All railing inclusive of top, bottom and mid shall be 1-5/8" O.D. pipe weighting 1.43 Ibs. per linear foot. Top rail shall be provided with couplings approximately every 20 feet. Couplings are to be outside sleeve type, at least six inches (6") long. D. Fittings -All fittings shall be galvanized malleable iron or pressed steel; all bands shall be beveled edged non-climbable type. 03.2402 CONDITONS A. Contractor is responsible fur identifying any existing fencing that residents may have either in the swale or along the existing sidewalk. Any fencing must be relocated to the City's satisfaction. B Contractor shall identify and document all locations and notify the City's authorize personnel of any existing fences. Documents will be used by the City's authorize personnel for inspection to verify satisfactory re-Iocation. 03.2403 INSTALLATION A. Any fencing that is removed shall be replaced with like material or re-Iocated in compliance with applicable codes and regulations. Shall include disposal of existing fencing and restoration that includes sod. B. Contractor shall adjust heights of existing fence gates when the sidewalk elevation conflicts with their use. END OF SECTION 03240 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 03250 SIGN RELOCATION Page 51 of 120 City of Miami Gardens 03.2501 CONDITIONS Office of Procurement Management 18605 NW 27'" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 A. Contractor is responsible fur identifYing any existing signs in right-of-way (ROW) that may be in conflict with installation of sidewalk. 03.1502 INSTALLATION A. These signs may include but not limited to: bus stop, regulatory or informational signs, stop signs, speed zone signs, etc. Any signs relocated must be pre-approved by City Engineer. Signs or facility that have electric are not part of this work. 03.2601 CONDITIONS END OF SECTION 03250 REPLACEMENT & INSTALLATION OF SIDEWALKS SECTION 03260 PRESSURE CLEANING A. Brick Pavers or Paver Blocks in area of replacement or installation of sidewalks may require pressure cleaning B. Existing concrete sidewalks in area of installation of sidewalks may require pressure cleaning 03.2602 INSTALLATION A. Pressure clean brick pavers or paver blocks to high quality-new new conditions, with no streaking to remove all dirt, mildew, stains (including oil), gum, tirellocation marks, graffiti etc. Any voids to be filled with clean sand. B. Pressure clean brick pavers or paver blocks to high quality-new new conditions, with no streaking to remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti etc. Any voids to be filled with clean sand. After Hours -7:00 P.M. to 5:00 A.M. and weekends as per City Engineer request. C. Pressure clean concrete sidewalks to high quality-new new conditions, with no streaking to remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti etc. D. Pressure clean concrete sidewalks to high quality-new new conditions, with no streaking to remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti etc. After Hours - 7:00 P.M. to 5:00 A.M. and weekends as per City Engineer request. Page 52 of 120 City of Miami Gardens NOTE: Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 ·TOP OF TREE BALL TO BE SET APPROI. 4" BELOW GRAOE. SLOPE GRAOE FROM APPOX. 2.4" OUTSIOE TREE BALL TO PROVIOE FOR THE WATER RETENTION BASIN. 2" MULCH-~~~ """,,,a;c-,-,--BI.ACK liZ" OIA. RUBBER HOSE TIED wi DOUBLESTRAND 12 gao GALV. WIRE. 11---.,.-3" OIA •. by 8' LONG CYPRESS PROP POL~ '" PREPARED PLANTING SOIL SECTION I!:' ====================:1 PLANTING DETAIL -TREE WITH STAKES l'!'l" CALIPER Page 53 of 120 j ~ ~ Puture Curb Gutter censtruc~:d " "~ 7 NR~A ~ j _~ rA ~ ;:... r """" '" """' , f I A 11% C'" "'"' l.!.-l!..-~' 1 Valley Gutter Curb And Gutter PLAN )'-/0" 1'-2" I Ie I. I ~ I Yl], ~~ ~ ~; ~ ~ '", ... '(., 1il.: ,.~ SECTION AA 5'-0" SECTION BB SECTION CC VALLEY GUTTER When used on high side of roadwiJys. the cross slope of the gutter shall match the cross slope of the adjacent pavement. The thkkness of the lip shall be 6··, unless otherwise shown on plans .. Rotate entire section so that gutter cross slope matches slope of adjacent circulating roadway pavement. For use adjacent to concrete or flexible pavement. For detail;;; depicting usage adjacent to flexible pavement, see Sheet 2. Expansion jOint. preformed joint filler and joint seal are required between curb & gutter and concrete 9" 1'-6" 1 __ 1,., , ~~.'" I ...... ~ ~ ". ,. R"" 'l\' ,::;,: L if" *-to R I no 1 TYPE E 1 E' 1 '·E I rr~ H~-i ". iI~ ~u I TYPE F In" /'-2" /'Jete: To be Pilld for as parent curb. DROP CURB Standard Shoulder Line Earth Berm " E' z Shoulder Pavement {Rt: I] :;?1] I u I SHOULDER GUTTER Truck Apron Surface Specified In The Plans I "1\" Circulating Roadway Pavement .,,!.~' ~ b of' 111tR ..... -J " [;ill) , ---.l M' I TRAfFIC BEARING SECTION FOR USE IN ROUNDABOUT CENTRAL ISLAND CONSTRUCTION TYPE RA ", Same Slope As Adjacent Pavement " <0 For details depicting usage adjacent to flexible pavement, see diagram ri9M. TYPE A ·"r 8-· -ci§ \11:..... %. ~ of' 1'---"1-Cone Pa,t ~ 1-1" EXP JOint And Preformed Jomt Filler TYPE B Joint Seal ~conc.Pa't ~ W' Exp. Joint And Preformed Joint filler TYPE D Note: For use adjacent to concrete or flexible p .. ,ement concrete shown. Expansion joint, preformed joint filler and joint seal are required between curbs and concrete pavement only. see Sheet 2. CONCRETE CURB ~~"""~~~rD"E~'OC'~'~~'D"N"----------------lr--=--------:~;-----lr----------------------------------~~~::~~~~~::~~~~~~ REVIS/ON FDO~ 2016 Pa a54Qf120 SHEET 07/01/00 .-'!'J DESIGN STANDARDS CtmB & CURB AND GUTTER NO. pavement only, see Sheet 2. CONCRETE CURB AND GUTTER 1of2 8.5' bM-'! -I '"'" C'e' -. Edge~ EdgeOfPavt.J 9-"-' " =====::J===1 Edge Of Pavt EC"C'C,O,C,O,C,,:-.../7----'--- PLAN PLAN PLAN PLAN " , , , Top Of Curb ~ ~ 5.5' Trans. Gutter 0 EfTrans. Tap Of Curb ~ ==='==r=====-.L- Tap Of Curb ~ r 3' Trans. ; -Top Of Curb ~ C1 Guuer J Gutler J Gutter~ PROFILE FLARED END PROFILE STRAIGHT END PROFILE FLARED END PROFILE STRAIGHT END CURB TYPE A Depth Of Sawcut 21$" Min . .=l 3!S" Max. f2'??L.LLL./~.t.."..<:.'j-"":.r1 t O"MIn'L ...... I I ----v-5" Max. I ~ 0" Min. SHOULDER GUTTER TYPE E 3!S" Max O"Min'L t '> c I 0.,,, ,,,,"W, <:..£..£..£..£..1 ...... ] r----y-5" Max. I -L 0" Min. TYPE F Sawcuts should be allolded within lIalley gutter and within curb and gutter endings, CONTRACTION JOINT IN CURB AND GUTTER TYPE A Depth Of Sawcut 3!S" Min. Depth Of Sawcut 3W'Min. TYPE B CONTRACTION JOINT IN CURB 4" Min .• " " U LL , TYPE 0 Depth Of Sawcut 3W'Min. CURB AND GUTTER ENDINGS ,"" I I-. Surface On Low Side Of Pavement to Be ~" Above Lip Of Gutter. Surface On High Side To Be Flush With Lip Of Curb Or Curb & Gutter. Slope Varies " Flexible Pavt. {;. Applies to both high and low sides of pavement, low side shown. Applies to shoulder gutter only where adjoining traffic lanes. CURB AND GUTTER AND TYPE A CURB ADJACENT TO FLEXIBLE PAVEMENT '~M" -% Or +4 Holes ?M," -ti ' ij]' "" ~ Z'Min., I m c , H" I J \ Q, ""1 H r" '[0 3" Max II i::t 1,1 ~ to I Pitch Optional ~, Min I 1'1=2' 7 ,~ax. Cast Or Rubbed #4 Bars, IB" Lang (Two Per Guard) 1 ~ 1 CURB AND GUTTER TYPES E & F Joint Seal 0 I . ~':' " .~ Concrete r Concrete ~ Gutter I Pavement JI-c-',,'oem,' 'of", "f" 0 o Applies ta balh high and law sides of pavement, law Side shown EXPANSION JOINT BETWEEN GUTTER AND CONCRETE PAVEMENT GENERAL NOTES 1. For curb. gutter and curb & gUller provide ~" -1-4" contraction joints at 10' centers (max.). Contraction jomts adjacent to concrete pavement on langents and flat curves are to match the pavement joints. with intermediate joints not 10 exceed 10' centers. Curb. gutter and curb & gutter expansion joints shall be located in accordance with Section 520 of the Standard Specifications. 2. Ends of Curbs Types B ,md D shall transition {ram full to zero heights in 3', i t-~"~'~'~TIIT",,~wno,c-----------------------------r----~~--------~~-------r~~~~~~::~~~~~~~--------------------------------;-------;--------- FDOr 2016 Pa e550f120 SHEET .-!!\) DESIGN STANDARDS CURB & CURB AND GUTTER NO. CONCRETE BUMPER GUARD ASPHALTIC CONCRETE CURB 20f 2 i / LEGEND = Detectable Warnings GENERAL NOTES I. Sid~walk curb ramps shall be constructed at locations that will pro.ide continuous unobstructed pedestrian circulation path to pedestnan areas, elements and facilities within the right of way and 10 accessible pedestrian routes on adjacent sites. Curbed faci/IUes with sidewalks and those without sidewalks are to have curb ramps constructed for al/ intersecfjons and turnouts with curbed returns. To accommodate curb ramps, partial curb returns are to extend to the limits prescribed /n Index No. 515. Ramps constructed at locatiems without sidewalks are to have a landing constructed at the top of each ramp, See LANDINGS fOR CURB RAMPS WITHOUT SIDEWALKS 2. When altering existing pedestrian facilities, where existing restricted conditions preclude the accommodation of a ramp slope of 1:12, a ramp slape between 1:12 and 1:10 Is permitted for a rise of 6" maximum. Where compliance With the requirements for (foss slope cannot be fully met, the minimum feasible cross slope shall be provided. Ramp slopes are not required to exceed IS' in length. 3. If sidewalk curb ramps are located where pedestrians must walk across the ramp, then provide transition slopes to the ramp; otherwise a sidewalk curb may be required. 4 All sidewalks. ramps, and landings with a cross slope of 0.02 shown in this Index are 0.02 maximum. All ramp slopes shown in this Index as 1:12 are 1:12 maximum. Landings shalJ have slopes less than or equal to 0.02 in any direction. 5. Grade breaks at the top and baltom of ramps shall be parallel to each other and perpendicular to the direction of the ramp slope. 6 Where a sidewalk curb ramp is constructed within existing curb. curb and gutter and/or SIdewalk. the existing curb or curb and gutter shall be removed to the nearest joint beyond the curb transition or to the extent that no remaining section of curb or curb and gutter is less than 5' long. ExistlOg sidewalks shall be removed to the nearest joint beyond the transition slope or to the extent that no remaining section of sidewalk Is less than 5' long. For CONCRETE SIDEWALK details refer to Index 310 7. Sidewalk curb ramp alpha-identifications are for reference purposes (plans, permits, etc.). Alpha-identifications CR-I ami CR-J were intentionally omitted. 8. Detectable warnings shail extend the full width of the ramp and to a depth of 2'. Detectable warnings shall be constructed in accordance with Specification Section 527. For the layout of detectable warnings, refer to the TYPICAL PLACEMEIiT OF DETECTABLE WARN[r;GS details. Detectable warnings shall not be provided on transition slopes. 9. When detectable warnings are placed on a slope greater than 5%, domes shall be aligned with the centerline of the ramp; otherwise domes are nat required to be aligned. 10. Detectable warnings shall be required on sidewalks at: a. Intersecting roads, b, Median Crossings greater than or equal to 6' in width. c. Railroad Crossings, d. Signalized driveways. 11. Detectable Warnings -Acceptance Criteria: a. Color and texture shall be complete and uniform. b. 90% of individual truncated domes shall be in accordance with the Americans With Disabilities Act StandardS for Transportati,m Facilities, Section 705. c. There shall be no more than 4 non-compliant domes in anyone square foor. d. Non_compl/ant domes shall not be adj;uenr to orher non--compliant domes. Surfaces shall not deviate more than 0.10" from a true plane. 12. Detectable warnings shall be IOstalled no greater than 5' from the back of curb or edge of pavement. 13. Detectable warnings shall not be Installed over grade breaks. ~-C~-,;,r","Nm~",----------------------------r---------------2-0-15---------r----------------------------------------------------------,-~~;_,__C,~"~'IT~-i ':2~ DESIGN STANDARDS> "Po/r,IECTABLE WAlRNlINGS AND SrrDEWALK CURB RAMPS I ~~ 7 i / S.lb~tz... err/q 4<{-IA 1'";--s;-'Y/J-..y 0'/,0 ,o/C' "'0 '9.1-"1.( "/~ $/0 ~tz...4.(.f- AI / s/o~ Ul'.t('.Ij.:"1<t-Jt, J-S)-/"J'..y 0'/,0 ,o/C' ?-O-9/. ~ v.letz, z-. S.lD~ "1(-t- 4' Min. .0 S/a ~ '<> ~ Sidewalk Curb (Where N, o~ -"1<.-r ' .. <" /<'", '~~ ~ ~~ -." '" ~r., Uliiity Strip Grass Or Pav"ment (2' Min.) Landing (4' Min.~ ~I / I~ 1~17 !J:1 f-I- ,; " <0 !i~ ~I ~ ~" ci ~I ",; i , .~~ ~ ~ ~ Utility Strip Ie <:<: .... Vi '" ... Grass Or L°=r=====!=~=t===:::::~J-l_J ~I Ramp "T"i2 fl~ " ~ ~I 1:12 ]~' ~i: ,:!", " I I I 7'_", SIDEWALK WITH UTILITY STRIP I ~ 7'-0" ~ SIDEWALK PLAN VIEW @ " Pavement (2' Min.) Varies (11'_0" Shown, ,.-" I~ SIDEWALK WITH UTILITY STRIP PLAN VIEW @; 16" When Located Along ~ ~ Type 'F' Curb And Gutter ----.. I I Ramp Varies /7'-8" Std.) 4' (Min.) Pavement Rell~f (S~e SectIOn C-Cr-:-l I I . Uinduig r 1 : 12 0.02 5% 002 Gutter L:: xP SECTION A-A SECTION THROUGH RAMP AND LANDING (UNRESTRICTED CONDITIONS) 7'_0" SIDEWALK I I 1-;,;. 1 PLAN VIEW § I Landing (6' Min.) --4."'e"""c",",,,-, _+_Z'-.-lI_JL __ liSidewalk Curb IWh"fI~ lieces5ary) a.o2l ("J EO= SECTION B-B H (Varies) Note: For Additional Information On Sidewalk Curb Construction. See SIDEWALK CURB and SIDEWALK CURB OPTIONS details. SECTION THROUGH LANDING (UNRESTRICTED CONDITIONS) SIDEWALK CURB RAMPS WHERE RAMP AND LANDING DEPTHS ARE NOT RESTRICTED ~=-~~~--------------,-------------~-------------------------------.-==-~~~ DESCRIPTION; 2015 SHEET ~qJ\) DESIGN STANDARD!>, '5RI1,IECTABLE WARNlINGS AND SrrDEWALK CURB RAMPS 2~~7 , * i PICTORIAL VIEW C§> " Landing (5.5' Min.) PLAN VIEW C§> PICTORIAL VIEW ® Ra74'w~~~,~ -.1 ~~~";;:f~ ""., ~I'· 0-<- PLAN VIEW ® PICTORIAL VIEW ® Sidewalk (5' Std,! .£:£t Uti!. Strip Grass Or Pavt. (2' Min.) ~ ~ PICTORIAL VIEW § Sidew"lk (6' Min.) .£!£ Sidewalk Curb ~I~ 5ld"walk Curb ~, ~I:; <- -~~ Ramp Width (4.5' Min.) ~. PLAN VIEW ® -<'_Ii' ~ Q"m,w,"" (4' Min.) PLAN VIEW § 5idew"lk Curb DIMENSIONAL FEATURES OF SIDEWALK CURB RAMPS FOR LINEAR PEDESTRIAN TRAFFIC PICTORIAL VIEW C§) <so .[' Ramp Width 1(4' Min.)1 ~, ~f '''"'0/ Sidewalk (6' Min.) E:EL PLAN VIEW C§) ~---=~~=-----------------~r---------------~--------------------------------------~~~~~~ R~;ON ~ 2015 5%~ET 07/~1!J3 ~IJ DESIGN STANDARDS>. "RIl,TECTABLE WAlRNlINGS AND SrrDEWALK CURB RAMPS 3 of 7 '1'.," R ,. '1'.," R H (Vanes) n. H lVaries) 0.02 Ramp, Sidewalk Or Landing "lU f 0.02 S Ramp, S!d.:walk Or Landm9 MONOUTH/C CAST CURB SEPARATELY CAST CURB SIDEWALK CURB OPTIONS ~\l\{ej 6' lIi,fI '<"-,,, M Transit,of) (Where" "ecessary) ,\" ~ ~ Drop (Hi ~~ y 1. 6" x H Mo"olithic Cast Curb or ~ x 12" Separately Cast Curb ~'. ~ Construct Sidewalk Curb In Cut Sections. SIDEWALK CURB C» ..0/(,)-'.0 O,y./-1( q."''%'-'r -£ V/.&t-v-"'-""i.o ... +0, <'"-I"c", )'0 "',~ Width Varies (l8"M~") ,tvaries Asphalt Pavement r Ramp Final Roiled Surface 1'> ,/( /("]1=27:==--== S% ma; '/I\~ Pavement Relief ..J ~urb Note: Remove Elevated PiWement By Spading And Rolling; Smooth Milling: or Grinding SECTION C-C PAVEMENT RELIEF AT LIP OF CURB /" S/,oA_ 0-'''''-44- /(/?-r t-v-/)- ..5')--9/..0 ..y ..0/(')-0 =i'/-1( "'<'It- 2"-6" ". S/,o~ -44- D'I ,. Landing (3' Mill.) ~l I ,~~:,/~:,{I ~ ~:I I I ~ I Pavement I "A (2" Min.) '-"f====+==!===='9= r-I, i II: ~ 7'-0" I 4' Mill. SIDEWALK WITH UTIUTY STRIP PLAN VIEW @> .""e5 ['U' ""OWn} ", -,-(7' SId.) j'" m mal" ,: 0.02 = SIDEWALK Landing 3" IMin.) 0,02 SECTION D-D SECTION THROUGH RAMP AND LANDING (RESTRICTED CONDITIONS) , ~ ;, Crosswalk Sidewalk Curb (Where Necessary) -1.ill ~ ~If---- Crosswalk PLAN VIEW @ /late: Crosswalk Width and Configuratioll Vary; Must Conform to Inde~ No. 17344 and 17346. IS' Radius Curve Shown for CR-L. I LaMing (4' Mm.) ~ Rdwy. Pavt. 2" . t--C Sidewalk Curb I 002 J II (Where Necessary) '"' t-SECT/O~i E-E >H W,,'e;i SECTION THROUGH LANDING (RESTRICTED CONDITIONS) SIDEWALK CURB RAMPS WHERE RAMP AND LANDING DEPTHS ARE RESTRICTED ",., REVISlDN 07/01/13 DESCRIPTION: "'" 2015 ~~ DESIGN STANDARDSaJe5R1t2TECTABLE WARNINGS AND SIDEWALK CURB RAMPS SHEET NO. 4of7 F'1 5' Concrete Sidewalk Curb TranSition (On existing Facilities Remove And Reconstruct Curb Or Curb And Gutter) 2' Curb Transition ;Fi S' Concrete Siriewalk . ""'T l l : b: Median ,=n rc ~ II II """",'''''' / Curb & Gutter Type E ~ .. . (Curb Ami Gutter ====I==~ Type E Shown) Curb Types A Or 8 or] Curb & Gutter Type E F I (Curb And Gutter ~ Type E Shown) ~ PLAN VIEW PLAN VIEW -(ALTERNATE DETAIL) MEDIAN CROSSING ////~~~<! /~ </~~> ~~~~-----"~~----~~" ~ ~ Liilnding ......... _______ Other Options A. /""-_ Shown In The Plans ~'&~ ........ X··\~ > ~~ "" "" ,,~ ............ ~ '>/ ~~~ J ~ 5' Refuge With Maximum Slope Of 0.02 Must Be Provided When Slopes Of 0.05 Or FlaUer And S' In Length Are 11M Available Along The Crosswalk; The Refuge Can Be Constructed At Any Locatlen Withm The Crosswalk; Or, A S' x 5' Concrete Landing With Maximum Slope Of 0.02 Can Be Constructeri Adjacent To The Crosswalk. rll /lied/an Crossing (Concrete Sidewalk. If') Edge ofp"vement --::>~~. "'" ',d" I I~ (0,02 Std.: 0.05 Max.) ","" 00 '"'" .. " ':JJ 0.02 Rate When At Centerline Of . Equal. The 510:~: ~?e Of pavemen/,I;~:; ,For The Curb A For Variable Ed y Intersect Off The .;wns Are / Gun Transition (Curb 0; ",mm,"" "",' "" ''',m,'' " '"""',' " ""' , '"'",' Are Not To Be St, ed'an; Slopes Edge ofP onstruction In The Mev~tJGns Or To eper Than 0.05. a_emen! SECTION F-F MEDIAN REFUGE 5' Min. / 7 g,. """,' t-' 0.02 . - LANDINGS FOR CURB RAMPS WITHOUT SIDEWALKS ",.,. REVISION 07/01/13 DESCRIPTION: 2015 ':£qJ\) DESIGN DETECTABLE WAlRNINGS AND SIDEWALK CURB RAMPS le600f120 SHEET 00. 5 of 7 i ,0/(' (" C-? .:,so'''' 0-?/4<" -C-?~ t--/~tt- ""i'IVD C-i"""4 PLAN VIEW PLAN VIEW -(ALTERNATE DETAIL) C-i"-..r S..yo~ S/~./; 4- <-'-9.1 MEDIAN CROSSING Flangeway Gap 2W'Max.* t Flangeway Gap May Be Up TD 3"' FDr Freight-only Railways PLAN VIEW RAILROAD CROSSING PLAN VIEW CR-L SHOWN (CR-D SIMILAR) / / .~"I.'I / 7 ~"I.' PICTORIAL VIEW FLUSH SHOULDER (OPTION A) PICTORIAL VIEW CR-G SHOWN (OPTION A) (CR-F AND CR-H SIMILAR) ~ " <,,1> ~,"I ;' ..o/C)"-o '9/4 ,( v/<'),. ~.~ ~ C-i"_C PICTORIAL VIEW FLUSH SHOULDER (OPTION B) S,yO "'", ~ ,! <,,1> PICTORIAL VIEW CR-G SHOWN (OPTION B) (CR-F AND CR-H SIMILAR) TYPICAL PLACEMENT OF DETECTABLE WARNINGS ~~,~,~=c-'>r.~~.m~---------------------------'----------------2-0-15---------r----------------------------------------------------------,-~~~~~'~H'~ff~-l OR;;~;~;3 ~~ DESIGN STANDARDS> eefU:r;fECTABLE WA.RNl£NGS AND SJIDEWALK CURB IRAMPS 6 ~~ 7 I Crosswalk 4' Mm. RADIAL SIDEWALK RAMPS . I. ~ L em."," Utility StriP Turnout Or Side Road LINEAR SIDEWALK RAMPS NOTES: I. Where crosswalK markings are used. ramps shall fall within the crosswalk limits. A clear space of 48" minimum is required at the bottom of the ramp within a marked crosswalk. If crosswalk markings are not present. a clear space of 48" mmimum is required ,,/ the bottom of the r"mp outside of active Iravel lanes. 2. Crosswalk widths and wnfigurations vary; must conform to Index No. 17344 and 17345. TYPICAL PLACEMENT OF SIDEWALK CURB RAMPS AT CURBED RETURNS TABLE OF DETECTABLE WARNINGS CURB RAMP CURB TOTAL AREA TYPE RADIUS (FT) (SF) CR-A "" , CR-8 '" CR_C '" "0 " " CR-E '" CR-F " " " " " " " CR_G " " " " " " " " CR-H " , " , " , CR-K '" CR-L " " " B FLUSH SHOULDER OPTION A " " " " " " " " " " " " OPT/ON B " " " " " " Note: Due to construction applICations. CR-L is th" only wrb ramp tor which a de/ectao/" warning quantity was ca/wlated using a curb radius of 15'. For flush shoulder options with S' sidewalks. the back of sidewalk Is measured at 10' from the edge of traveled way. AREAS OF DETECTABLE WARNINGS FOR SIDEWALK CURB RAMP AND FLUSH SHOULDER APPLICATIONS ~~~-,;r,0",~,c~'","~nmo.",C---------------------------'----------------2-0-15---------r------------------------L---------------------------------,-~~~,_~'~H'~'~'--l ~~ DESIGN STANDARD5>a aeR112TECTABLE WARNINGS AND SIDEWALK CURB RAMPS 7 ~~ 7 "", REVISION 07/01/13 r------,,--"","'-"""'c· -CC 120' Max, I 30' Max. 30'~ ADDDDDED DF DDA ~I 'I 'I 'I 'I '1'1 'I '*+-I-'+-~ ","m'""lh' , ',;' , 'fe=n~ lij" Rig: Structure; 6" Min. For Turnouts r NOTE: "E" Jolntls) Required When Length Exceeds 30' SAWED JOINTS ABC8CBCBCBA -LII I I I I H I I I I,-K ~ I,; I HI . 18]f ,.,"m ,,,' Rigid Structure, 6 Min. For Turnouts OPEN JOINTS LONGITUDINAL SECTION (NOT TO SCALE) JOINT LEGEND A-IS" ExpanSion Joints (Preformed JoInt Filler) B-~" Dummy Jojnts. Tooled C-W Formed Open Join!s D-~." Saw Cut Jojnts, lW Deep (withjn 95 hours) />fax. 5' Centers E-t6" Saw Cut Joln!s, lIS" Deep (withjn 12 hours) Max. 30' Centers F-~" Expansion Joint When Run Of Sidewalk Exceeds 120'. Intermediate locations when called for jn the plans or at locations as directed by the Engineer. G-COld Joint With Bond Breaker, Tooled SIDEWALK JOINTS NOTES FOR CONCRETE SIDEWALK ON CURBED ROADWAYS 1 Sidewalks shall be constructed In accordance with specification Section 522_ Sidewalk curb ramps shall Include detectable warnings and be constructed in accordance with IndeK No. 304. Detectable warnings are not required where sidewalks intersect urban flared turnouts. 2. Bond breaker matenal can be any Impermeable coated or sheet membrane or preformed material having a thickness of not less than 6 mils nor more than W. 3_ For turnouts see Index No_ 515. 4. Construct sidewalks with l' thick Edge Beam through the limits of any surface mounted Pedes!rian/Bicycle Picket Railing or Pipe Guiderail shown in the plans, Clear Width (5' or fj' Std" 4' Min.) ~ Pedestrian/Bicycle Railing Or PIpe / Guiderail See Index Nos. 851. 861. 870 & 880 ,,,.,,. ~I? X-ll ~ ,,:>: Sjdewalk (Total Width May Vary 8ased On RamnQs Used.) " SIDEWALK WITH EDGE BEAM FOR SURFACE MOUNTED RAILINGS , A (Utility Pole. Ex.) , ~ Utility Strip , Back Of SJdewalk VariathMs Omit Jojnts On Curb Ramps A (Signal Pole Or Controller Base. , AI' Sidewalk ---'-'--' Utility smp Curb Or Curb And Gutter ~ PLAN SIDEWALK WITH UTIUTY STRIP Sidewalk Back Of Sjdewalk Vadations SECTION AA Omjt Joints On Curb Ramps A (Signal Pole Or Controller Base, , , Turnout ...../ A And Gutter PLAN SIDEWALK WITHOUT UTILITY STRIP SECTION BB CONCRETE SIDEWALK ON CURBED ROADWAYS CONClREl'E SIDEWALK DESCRIPTION: IT\) 2015 FOOT ~ DESIGN STANDARD5>adeEl30f12D (FUll Return Shown) A-1L_U- Turnout Or Side Road (Full Return Shown) INDEX NO. 310 SHEET NO. 1 of 2 30' Max D D D D D E D I" "";","'M.~ 'I "1 "1 'I "1 "1 "1 ~ l ' '.1' , , , '+ ** "E" Jointls) Required When Length Eueeds 30' r-____ -""o"_c',c,"-;::::-~~-f3~-~~~-rit::~d TI ur;:u~£J I ~O' Max. 30' ~ ~~ --J~ . DDADDEDDA ADD D D D E D D F 5' S L~-".~"-.l.LJ1 w 5' S S S S 5' 5' 5' 1T"----r-rT""lI "." ""----h' .1' '+t=r+t::2=Oa::1tJ1 -U SAWED JOINTS B C B C '1'1'1'1' Flexible Pavt. ~ I ''1.11 1+ I=&Graded Turnout . W., " " " '" --1 W l , ".""" ____ -1 II.'I'H'I'I+I'I'I'!'I'! ' ' " J3r::J++ I I H~ I I f~ OPEN JOINTS LONGITUDINAL SECTIONS (NOT TD SCALE) JOINT LEGEND A-¥,!' Expansion Joints (Preformed Joint Filler) B-!I ... Dummy Joints, Tooled C-¥,' Formed Open Joints NOTES FOR CONCRETE SIDEWALKS ON UNCURBED ROADWAYS 1. Sidewalks shall be constructed in accordance with Specification Section 522. 2. Detectable Warnings shall conform to the requirements described in Index No. 304, Delectable Warnings are not required for sidewalks that run continuou5 through driveways. 3. For TURNOUTS see Index No. 515, 4. Construct sidewalks with a 1'-0" thick Edge Beam through the limits of any surfa~e mounted Pedestrian/Bicyde Pickel Railing or Pipe Guiderail shown in the plans (see SIDEWALK WITH EDGEBEAM fOR SURFACE MOUNTED RAILINGS detail). S. When driveways are newly constructed, reconstructed, or altered. cross slopes for discontinuous 5idewalks shall not exceed 0.02. I Ci I I I I I I I I I I I I I """L Sidewalk!'... , , , I I I I I I I , , , I ~ ~ """' Driveway -----""'" /. ~ '----.L Shoulder ~ I Edge Of Travel Way -' PLAN CONTINUOUS SIDEWALK ,see Note 5..../ I I .E.,l Ci Sidewalk Ivaries (S Std.) I O.~ SECTION CC 2' Deterrable I Warning Surface ~ t:... I I T-'!O"~"'+-"I I I' .E.,l / /. Side Road Shoulder Lj/le / \;'~-J D-¥,o" Saw Cut Joints, IW Deep (96 Houri Max. 5' Centers Driveway "'" I~I DESCRIPTION: REVISION <r; 07/01/13 ~ • E-W Saw Cut Joints, IW' Deep (12 Hour) Max. 30' Centers f-W bpansion Joint When Run Of Sidewalk EHeeds 120' Intermediate locations when called for in the plans or al locations as directed by the Engineer. SIDEWALK JOINTS Edge Of Travel way-.! PLAN DISCONTINUOUS SIDEWALK CONCRETE SIDEWALK ON UNCURBED ROADWAYS ~oji,J DESIGN ~~~NDARDs>ade64of120 CONCRl&TE SIDEWALK I moex I NO. ,!1~,. SHEET NO. 20f 2 ( , , , I .) , I \iiJ ------ 2 RAMPS EACH CORNER , 6' I CURB B R/W LINE 2 MAJOR ROADWAYS (CURB & GUTTER) REF: Sec. 2a (Ilia)· SIDEWALK TYp. ----",:\, R/W LINE CURBB . I GIJ'TTER SIDEWALK I RAMP EACH CDRNEP.- 6' TYP. U'lo,L.oo>--- 4'TYP LOCAL ROADWAY OR ENTRANCE TO MAJOR SHOPPING CENTER (CURB & GUTTER) ROADWAY INTERSECTIONS REF: Sec.2a ( IlIb)- SIDEWALK ( I I (RESIDENTIAL RoADWAYS) 2 MAJOR ROADS, LOCAL a MAJOR ROADWAY. 8 2 LOCAL ROADWAYS (SWALE)·· REF: Sec.2b (I). NOTES I ...... 110". of,r .... p.-12,1 (tor ~}"' •• Ik .,11.11. ,r.a •• r til ... or ..... 1 to •• 0 I. 2.R_p. "'0', ••••. tlllcll.III.; •• 'II.lItiol .r •••• lI.Color., All P.,I •• "la. ra ... " •• "011 COII" •• t "I ••• llr • I til oct,ollllll, .Ict •• alll ... rfac .••• 11 •• , locatio ••• ltlll. Dad. Co. and oul.". of C_I Galli ••• "011 110 I.t."ol color.d • Coral G.bl.. ..1 •• ·.) "'.""011 ra ... p •• ltllill carol ,Gobi •• , .. 10 ... 1 •• aell, a.d IC., 810 .. ,.0 .110" 11."0 lID R1w LINE rSIDEWALI( MID-BLOCK AT NORMAL PEDESTRIAN CROSSING (SWALE DC' CURB & GUTTER)·· REF: Sec.2a (2" .... Altema •• a.pII. conc ...... ,k ,r."'" ( M"" t~ICk ••• " , .... r II. u •• ii" a. a""ro".d IIr DI r.cror of Pullllc Worll. D.par ...... t. " For .11 r.f.rallco., ... .,.... Cou." Pullll. Worll. D.part ..... t • P.lla, OIl ....daetrla. 'ra ... p. I. Puillie A ...... • Of. w.,·. CUR8 8 GUTTER R 15.2 ASPH, CONC S. COURSE CONe, DRIVEWAY R 12.& CONC, SIDEWALK 11-13.1 .. ol.r .dIlUI"o. All .t"., lIO .. otruotl ... (I ••• , .111 ••• ,11, . CROSS ,.noc lion ••• te.1 SII.II ",.t." til. ad jolnln •• ,d ••• 11I ITEM REF, .ol.r. .. "VISID STANDARD ROAD 'DETAIL. METROPOUTAN 4/5174 SEC.1lI3 SEC.145 SPEC, REF, R DADE' COUNTY ...... OVED . F ge 65 of 1<PEOESTRIAN RAMPS . 13.3 UBUC WORKS 1l/15£n &14/. IN PUBLIC RIGHTS-OF-WAY . p AC"' •• ~.'. Item 1 2 3 4 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 NAME OF COMPANY: ______________________________________________ _ EXHIBIT I -BID SHEET ALL LINE ITEMS MUST BE COMPLETED AND MUST REFLECT BALANCED BID AMOUNTS. FAILURE TO COMPLETE THIS BID FORM AS REQUESTED WILL RESULT IN BID REJECTION. Failure to use the City's pricing sheet page and provide costs as requested in this ITB shall deem your proposal non~resDonsive. Contract will be awarded to responsive. responsible vendons), See Section "2.3 Method of Award" for award criteria. Description Unit of Estimated Price per UOM Estimated Total Price Measure Annual (UOM) Quantity Furnish all materials, labor & equipment to Remove to be saw-cut & Replace 4" tbick 3000 PSI min. un .. reinforced sidewalk & compact base 95% Sq. Yd. 28,800 min. (inclndes restoration- clean fill to avoid gaps) damaged sod replaced at Contractor's expense $ $ Fnrnisb all materials, labor & equipment to Remove to be saw-cut & Rel!;lace 6" thick 3000 PSI min. un-reinforced sidewalk & compact base 95% Sq. Yd. 12,600 min. (inclndes restoration- clean fill to avoid gaps) damaged sod replaced at Contractor's expense $ $ Furnish all materials, labor & equipment Install New 4" thick 3000 PSI min. un-reinforced sidewalk & compact base 95% min. (includes clearing & Sq. Yd. 14,300 grubbing, removal & disposal of dirt, grass etc. & restoration at Contractor's expense) damaged sod replaced at Contractor's expense $ $ Furnish all materials, labor & equipment Install New 6" tbick 3000 PSI min. un-reinforced Sq. Yd. 13,160 sidewalk & compact base 95% min. (includes clearing & grubbing, removal & disposal $ $ Page 66 of 120 City of Miami Gardens of dirt, grass etc. & restoration at Contractor's expense) damaged sod replaced at Contractor's expense Furnish, Compact, & Install Lime Rock to min. 95% compaction to avoid settling. 5 When elevation is too low. Fill any gaps between new sidewalk installation and existing elevation. Delivery ticket must be.Jlrovided for payment Furnish all materials, labor & equipment to Remove & Renlace concrete lIne "D" Curb including drop curb, transitions, & reconstruction of base (includes clearing, 6a grubbing, & fill, sod to replace damaged grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's expense). Furnish all materials, labor & equipment to Instan New concrete Tll!e "D" Curb including drop curb, transitions, & construction of base (includes clearing, 6b grubbing, & fill, sod to replace damaged grass, removal & disposal of dirt, grass etc. & restoration at Contractor's expense) including fiI. Damaged sod replaced at contractor's expense. Furnish all materials, labor & equipment to Remove & Renlace concrete Tll!e "F" Curb inclnding drop curb, transitions, & reconstruction of 7a base (includes clearing, grubbing, & fill, sod to replace damaged grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's expense). Cubic Yd. 7,655 $ Linear Ft. 12,250 $ Linear Ft. 800 Linear Ft. 7,900 $ Page 67 of 120 $ Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 $ $ $ $ City ofMlami Gardens Furnish all materials, labor & equipment to Install New concrete Tvne "F" Curb including drop curb, transitions, & construction of 7b base (includes clearing, grubbing, & till, sod to replace damaged grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's expense). Furnish all materials, labor & equipment to Remove & Rel!lace concrete "Valle!- Imtter" including drop curb, transitions, & reconstruction of 8a base (includes clearing, grubbing, & fill, sod to replace damaged grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's expense. Furnish all materials, labor & equipment to Install New concrete "VaUeI-zm,tter" including drop curb, transitions, & reconstruction of 8b base (includes clearing, grubbing, & till, sod to replace damaged grass, removal & disposal of dirt, grass etc. & restoration at Contractor's expense. Right-of-Way Survey (to 9 establish property lines). Tree Removal Dia. @ breast hgt. 4.5' above grade 0" to 8" Cont. 10 (includes 8" to 18" restoration - clearing & grubbing, removal of debris, 18" to 30" excavation & Sq. Yd. 400 $ Linear Ft. 11,400 $ Sq. Yd. 500 $ Linear Ft. 69,200 $ Each 21 $ Each 21 $ Each 31 $ Page 68 of 120 Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 $ $ $ $ $ $ $ City of Miami Gardens backfilling) damaged sod replaced at 30" + Contractor's expense. Live Oak Fla. #110'-12' overall beight (includes restoration - clearing & grubhing, removal 11 of debris, excavation & backf"dling). Damaged grass to be replaced with sod at Contractor's expense. Mahogany Fla. #1 10'-12' overall height (includes restoration -clearing & 12 grubbing, removal of debris, excavation & backfilling). Damaged grass to be replaced with sod at Contractor's expense Crape Myrtle Fla. #110'-12' overall height (includes restoration -clearing & 13 grubbing, removal of debris, excavation & backfilling). Damaged grass to be replaced with sod at Contractor's expense. Curb Cuts (includes 14 restoration). Furnish all materials, labor & equipment to Relocate Chain 15 Link Fence (includes restoration). Damaged grass to be replaced witb sod at Contractor's expense. Furnish all materials, labor & equipment to Install New 4' Cbain Link Fence, disllosal of 16 existing fence (includes restoration) damaged grass to be replaced with sod at Contractor's expense. Furnish all materials, labor & 17 equipment to construct 1.5" TIlle III ASllhaltic Concrete surface including Tack Coat to Each 41 $ Each 36 $ Each 26 $ Each 21 $ Each 3,532 $ Linear Ft. 2,350 $ Linear Ft. 1,350 $ Sq. Yd. 870 $ Page 69 of 120 Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 $ $ $ $ $ $ $ $ City of Miami Gardens repair existing driveway approaches. Damaged areas during instaUation replaced at Contractor's expense. Furnish all materials, labor & equipment to place Detectable 18 Warning Surface for pedestrian crossings/cast-in-place type/yellow. Furnish all materials, labor & 19 equipment to Relocate PVC Lines -2" diameter. Furnish all materials, labor & 20 equipment to Install new PVC Lines Sch. 40. Furnish aU materials, labor & 21 equipment to Install new Irrigation Heads (4" pop-up head w/max 15' spray radius). Furnish all materials, labor & 22 equipment to Relocate/reset existine; Sie;ns. Furnish all materials, labor & equipment to Raise Utilities 23a Access (includes sewer cleaooots, water meters, manholes, water values). Furnish and install concrete 23b water meter boxes to replace existing broken boxes in sidewalk slabs being replaced. Furnish aU materials, labor & equipment to Pressure clean 24 Brick Pavers & Paver Blocks. Furnish all materials, labor & 25 equipment to Pressure clean Concrete Sidewalks. Furnish all materials, labor & equipment to install St. Augustine "Floratam" or Bahia 26 sod on areas authorized by City. (includes grading, clearing, grubbing & disposal of material) This item is not for Damaged areas during Sq. Ft. 1,982 Linear Ft. 1,165 Linear Ft. 1,165 Each 145 Each 55 Each 320 Each 5 Sq. Ft. 1,050 2,050 Sq. Ft. Sq. Ft. 35,600 Page 70 of 120 $ $ $ $ $ $ $ $ $ $ Office of Procurement Management 18605 NW 27 ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 $ $ $ $ $ $ $ $ $ $ City of Miami Gardens installation by Contractor. I I TOTAL BID PRICE $ Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 I The above proposals and each line item includes the total cost to complete the Work detailed for each item including but not limited to materials (Le. vegetation, concrete, asphalt, etc.), labor, equipment, bonds, etc. indicated in the drawings, specifications, addenda, and any other contract documents. Delivery MUST be FOB destination; freight included and shall be inclusive of all costs. Current andlor anticipated applicable fuel costs should be considered and included in the bid. Be sure to have the Invitation for Bid signed by an authorized representative of your firm or your bid will not be considered responsive. BID SUBMITTED BY: Company Name Proposer Representative Name Signature Phone: ______ Fax: _____ _ Email: _____________ _ Page 71 01120 City of Miami Gardens "ATTACHMENT B" INSURANCE REOUIREMENTS BIDDERS REOUIREMENTS Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 All insurance requirements must be met and evidenced to the City before delivery of goods and performance of services. The City reserves the right but not the obligation to revise any insurance requirement, or reject any insurance coverage which fail to meet the criteria stated herein at any time. The City reserves the right to require ContractorNendor to provide and pay for any other insurance coverage the City deems necessary, depending upon the possible exposure to liability or loss. These insurance requirements shall not limit the liability of the ContractorN endor. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the ContractorNendor's interests or liabilities, but are merely minimums. A. Workers' Compensation: Coverage is to apply for all persons fulfilling this contract for statutory limits in compliance with the law of the State of Florida and any applicable federal laws. The policy must include Employer' Liability with a limit of$I,OOO,OOO each accident, $1,000,000 each employee, $1,000,000 policy limit for disease. The City will not accept certificates of exemption. Confirmation that W Dlkers Compensation is provided for all persons fulfilling this contract, whether employed. contracted, temporruy or subcontracted is required. B. Commercial General Liability: Occurrence Form Required. Contractor shall maintain commercial general liability (CGL) insurance with limits of not less than: • $5,000,000 each occurrence for bodily injury and property damage • $5,000,000 general aggregate (must apply Per Project) • $5,000,000 products completed operations aggregate • $1,000,000 personal & advertising injury No exclusion shall apply to: premises, independent contractors, contractual liability, or property damage resulting from explosion, collapse or underground (XCU) exposures. C. Commercial Automobile Liability: Contractor shall maintain automobile liability insurance with a limit of not less than $2,000,000 each occurrence for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto fulfilling duties under this agreement (including owned, hired, and non-owned autos). The policy shall provide contractual liability coverage. D. Professional LiabilitylMalpracticelErrors or Omissions: Licensed design-build professional work such as that provided by architects, engineers, etc. shall maintain professional liability or Page 72 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-l285 malpractice or eITors or omissions insurance with limits of $2,000,000 per occurrence. If claims~ made the retro date shall be prior or equal to the effective date of any contract with the City. The coverage shall be renewed or include a "tail" or'Discovery, or continuous renewal of coverage for a period of3 years following the completion of the project. E. PollutionlEnvironmental Impairment Liability Coverage: Pollution/environmental impairment Liability insurance is to be purchased to cover pollution andlor environmental impairment which may arise from this agreement or contract. Coverage will be provided for to non-owned disposal sites utilized for this project. The recommended minimum coverage is $5,000,000. The coverage period shall be extended beyond the date of the completed project, until the expiration date of the performance bond. If claims-made the retro date shall be prior or equal to the effective date of any contract with the County. The coverage shall include a "tail" or Discovery, or continuous renewal of coverage for a period of 3 years following the completion of the project. F. Umbrella or Excess Liability insurance can be utilized to provide the required limits. Coverage shall be "following form" and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. G. Special Requirements: Certificate of Insurance shall confinn in writing that all applicable provisions apply. a. Evidence of In,nrance: A copy of the ContractorN endor' s current certificate of insurance MUST be provided with the response to this bid. A formal certificate shall be provided upon announcement that a Contractor has been awarded the work. The Certificate(s) shall be signed by a person authorized by that insurer to bind coverage on its behalf. All Certificates ofInsurance must be on file with and approved by the City before commencement of any work activities. The formal insurance certificate shall also comply with the following: b. Additional Insured: "City of Miami Gardens and its Elected Officials, Agents, Representatives, Employees, and Volunteers" shall be named as an "Additional Insured" on all policies except Worker's Compensation and Professional Liability. Additional Insured coverage shall be provided with the following ISO forms or similar policy provisions providing equal to or broader than coverage: One of the following forms or its equivalent: CG 2026 (Additional Insured-Designated Person or Organization) OR CG 2010 (Additional Insured-Owners Lessees Contractors) OR CG 2038 (Additional Insured-Automatic Status). AND, if products or completed operations exposure: Page 73 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27'" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 CG 2037 (Additional Insured-Completed Operations). The ContractorlVendor is required to continue to purchase products and completed operations coverage to satisfy this agreement for a minimum of three years beyond completion ofthe work. c. Notification: The policy shall provide a 10-day notification clause in the event of cancellation, non-renewal, material modification, or any other lapse in coverage of the policy. In the event the insurance policy does not provide such notification, Contractor shall provide notification to the City. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be delivered to the City 10 days prior to said expiration date. d. Primary & Non Contributory This Insurance shall be considered primary to any other insurance. Coverage shall be provided with the following ISO form or similar policy provision providing equal to or broader than coverage: CG 2001 (primary and Noncontributory -Other Insurance Condition). e. Waiver of Subrogation All of Contractor's insurance policies, except Professional Liability, will waive rights of recovery against the City. Coverage shall be provided with the following CGL ISO form or sintilar policy provision providing equal to or broader than coverage: CG 2404 (Waiver of Transfer of Rights of Recovery Against Others to Us). f. Subcontractors' Compliance: It is the responsibility ofthe contractor to insure that all subcontractors comply with all insurance requirements. g. Financial Stability: The policies of insurance shall be written on forms acceptable to the City and placed with insurance carriers authorized by the Insuraoce Departroent in the State of Florida. All insurance carriers must meet a minimum financial AM Best company rating of no less than: "A-Excellent: FSC VII. City reserved the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. Page 74 of 120 City of Miami Gardens Bidder Must Submit with Bid BID BOND Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 KNOW ALL MEN BY THESE PRESENTS, that we,:_,-,--_-;---______ _ ~---~CO--~_as Principal, hereinafter called Contractor, and as Surety, are held and firmly bound unto the City of Miami Gardens, Florida, as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of percent ~%) of the Base Proposal amount of: (Written Dollar Amount) dollars ($ ) lawful money of the United States of American, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents, WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of transportation for, and the performance of the Work covered in the Bid Documents which include the Project Manual, the detailed Plans and Specifications, and any Addenda thereto, for Bid No. ______________ _ Entitled, ______________ _ NOW THEREFORE: (A) lfthe principal shall not withdraw said bid within sixty (60) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or (B) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, the principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Bid Bond Form 103 (9/2016) Office of Procurement Management Page 75 of 120 Page 1 of3 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 IN WITNESS WIIEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials oflbe day of ,20 __ _ WITNESS: COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner Bid Bond Form 103 (9/2016) Office of Procurement Management PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY __________________ __ Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY ____ ~~~~-------- (president) Attest: ___ -..",,-----,----,-__ _ (Secretary) (CORPORATE SEAL) SURETY: By:-----;-;c---;-;;--;--- Attorney-in-fact (power of Attorney must be attached) Page 76 of 120 Page 2 of3 City of Miami Gardens CERTIFICATES AS TO CORPORATE PRINCIPAL Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 I, ,certifY that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. . Corporate Secretary Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared ___________ to me well known, who being by me fust duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by _____________ to execute the foregoing bond on behalf of the Contractor named therein in favor ofthe City of Miami Gardens, Florida. Subscribed and sworn before me this ___ day of ____ ~, 20_ A.D. (Attach Power of Attorney) Bid Bond Form 103 (9/2016) Office of Procuremeut Management Notary Public State ofFlorida-at-Large My Commission Expires: ____ _ Page 77 of 120 Page 3 of3 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Awarded Bidder Will Be Required To Submit Upon City Request PERFORMANCE BOND BONDNO, ______ _ AMOUNT: $, ______ _ KNOW ALL MEN BY THESE PRESENTS, that in accordance with Florida Statutes Section 255,05,, ________________________ _ with offices at, ____________________________ _ hereinafter called the CONlRACTOR (principal), and ____________ _ with offices at ____________________________ _ a corporation duly organized and existing under and by virtue of the laws of the State of hereinafter called the SURETY, and authorized to transact business within the State of Florida, as SURETY, are held and firmly bound unto CITY OF MIAMI GARDENS, represented by its Mayor and City Council, as CITY (Obligee), in the sum of: =-c-,......,c-=------O-,---c--c--,------=-""0"7-,--~~~ DOLLARS ($ ,00), lawful money of the United States of America, for the payment of which, well and truly be made to the CITY, the CONlRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors, and assigns,jointIy and severally, firmly by these presents as follows: THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached, with the CITY, dated , 20 ~ to furnish at his own cost, charges, and expense all the necessary materials, equipment, andlor labor in strict and express accordance with said Contract and the Contract Documents as defined therein, all of which are made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above CONlRACTOR shall in all respects timely and properly comply with the terms and conditions of said Contract, and his obligation thereunder, including timely completing the Project, and the Contract Documents, and shall have indemnified, defended, and saved harmless the above CITY against and from all costs, claims, delays, suits, actions, expenses, damages, attorney's fees, including appellate proceedings, injury or loss of whatsoever nature, and however arising, including without limitation delay damages, to which said CITY may be subject by reason of any wrongdoing, misconduct, want of care or skill, negligence, failure of perfonnance, breach, failure to petition within the prescribed time, or default, including patent infringements, on the part of said CONTRACTOR, his agents or employees, which in any way arises out of said Contract; then this obligation shall be void; otherwise, to remain in full force and effect for the term of said Contract, including any and all goarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract Documents, or to the work to be performed, or materials to be furnished thereunder shall affect said obligation of said Surety on this Bond, and the said Surety does hereby waive Payment & Performance Bond Form 114 (9/2016) Office of Procurement Management Page 78 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 notice of any such changes, extension of time, alterations, or additions of the terms of the Contract Documents, or to the work. Claimant shall give written notice to the CONTRACTOR or the Surety shall be brought within the time specified by Section 255.05. IN WITNESS WHEREOF, the above parties bounded together have executed this instrument this day of , 20-, the name and corporate seal of each corporate party being hereto affIxed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR By __________________________ _ ATTEST SURETY By ________________________ __ ATTEST * * * * * * * * * * Payment & Performance Bond Form 114 (9/2016) Office of Procurement Management Page 79 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Awarded Bidder Will Be Required To Submit Upon City Request PAYMENT BOND BONDNO. _______ _ AMOUNT: $, __________ _ KNOW ALL MEN BY THESE PRESENTS, that in accordance with Florida Statutes Section 255.05,. __________________________ _ withofficesat. _____________________________ _ hereinafter called the CONTRACTOR (Principal), and _______________________ _ withofficesID ___________________________ _ a corporation duly organized and existing under and by virtue of the laws of the State of hereinafter called the SURETY, and authorized to transact business within the State of Florida, as SURETY, are held and firmly bound unto CITY OF MIAMI GARDENS, represented by its City Council, as CITY (Obligee), in the sum of: c;-=.,,--=-c---:O-:---~__;;_"'7----___c__:;__;_,_;_--_;;_ DOLLARS ($ .00), lawful money of the United States of America, for the payment of which, well and truly be made to the CITY, the CONTRACTOR and the SURETY bind themselves and each of their heirs, executors. administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached, with the CITY, dated , 20_, to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Contract Documents as defined therein, all of which are made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bounden CONTRACTOR shall in all respects comply with the terms and conditions of said Contract and his obligation thereunder, including the Contract Documents and further that if said CONTRACTOR shall promptly make payments to all persons supplying materials, equipment. and/or labor used directly or indirectly by said Contractor or Subcontractors in the prosecution of the work provided for in said Contract in accordance with Florida Statutes, Section 255.05; then this obligation shall be void; otherwise to remain in full force and effect for the term of said Payment & Performance Bond Form 114 (9/2016) Office of Procurement Management Page 80 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Contract Documents shall affect said obligation of said Surety on this Bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Contract Documents. Claimant shall give written notice to the Contractor and to the SURETY as required by Florida Statutes, Section 255.05. Any actions against the Contractor or the SURETY shall be brought within the time specified by Section 255.05. IN WITNESS WHEREOF, the above parties bounded together have executed this instrument this day of , 20 __ , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR By ________________________ __ ATTEST SURETY By ________________________ __ ATTEST ********** Payment & Performance Bond Form 114 (9/2016) Office of Procurement Management Page 81 of 120 City of Miami Gardens NOTICE TO BIDDERS Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Furnishing all labor, equipment, materials and any and all costs for the term of the warranty or as deemed necessary by the City, necessary to complete the work per the specifications and as required shall be included in the above bid. l. NOTICE TO BIDDERS: 1. Contractor shall fill in the entire bid form, No spaces are to be left blank. contain dollar amount only -not NI A or included. Bid Items must 2. The City reserves the right to utilize any combination of the base bid, add alternates as they so desire to achieve the proper balance between the required improvements, desired improvements, and City's available project budget. 3. The City reserves the right to request per unit/each pricing of materials listed on the bid form for clarification or to purchase additional materials. 4. Contractor shall indicate if willing to accept VISA purchase card as payment _______ yes No n. BIDDER'S REPRESENTATION 1. The undersigned BIDDER proposes and agrees, if this Bid submittal is accepted, to enter into an agreement with CITY in the agreement prepared by the CITY Attorney to perform and furnish all Work as specified or indicated in the agreement and Bid Documents for the Bid price and within the times indicated in this Bid Document and in accordance with the other terms and conditions of the Documents. 2. The BIDDER has read and understands the Bid Documents or contract documents to the extent that such documentation relates to the Work for which the Bid is submitted for other portions of the Project, if any, being bid concurrently or presently under construction. 3. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with disposition of Bid security. This Bid submittal will remain subject to acceptance for not less than ninety (90) dayS or more than 120 days after the day of Bid opening. 4. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement that: (A) BIDDER has examined and carefully studied the Bid Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) Notice to Bidders Form 113 (9/2016) Office of Procurement Management Page 1 of4 Page 82 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 (B) The Bid submittal is based upon the materials, equipment and systems required by the Bid Documents without exception. (C) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (D BIDDER is aware of the general nature of Work to be performed for CITY and others at the site that relates to Work for which this Bid is submitted as indicated in the Bid Documents. (E) BIDDER has given CITY'S Office of Procurement Management written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Documents and the written resolution thereof by CITY is acceptable to BIDDER, and the Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (F) This Bid is genuine and not made in the interest or of on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization ·or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, finn or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain fur itself any advantage over any other BIDDER or over CITY. 5. BIDDER agrees that the Work inclusive of any and all alternates will be completed and ready for final payment in accordance with the Agreement on or before 90 consecutive days from Notice to Proceed. BIDDER accepts the provisions of the Agreement as to failure to perform in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (A) A tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Proposal (B) Required CONTRACTOR'S Qualification Statement with support data (C) Statement of BIDDER'S experience (D) Anti-Trust Statement (E) Drug Free Work Place (F) W-9 Form (G) MBE Affidavit (H) References and Resume, Insurance Certificates, Licenses, Financials Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions SUBMITTED on. _________ ~, 20_ Notice to Bidders Form 113 (9/2016) Office of Procurement Management Page 2 of 4 Page 83 of t 20 City of Miami Gardens State CONTRACTOR License No. __________ _ If BIDDER is: An Individual Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 By _____________ (SEAL) (Individual's Name) doing business as __________________ _ Business address __________________ _ Phone & FaxNo.P F E-mail Address: ------------------ A Partnership By _____________ (SEAL) (Firm Name) (General Partner) Business address ___________________ _ Phone & Fax No. P F E-mail Address: --------~ ----------- A Corporation By _____________ (SEAL) (Corporation Name) (State of Incorporation) By (Na~m~e~o~fP~e-r~so-n-A~uili~o~ri-ze-d~t~o~S~ign~)--------------- (Title) (Corporate Seal) Attest: (Secretary) Business address ____________________ _ Phone &FaxNo.P F E-mail Address: ---------, ----------- Date of Qualifications to do business is. ______________ _ A Joint Venture By (Name) ________________ _ (Address), _______________ _ Notice to Bidders Form 113 (9/2016) Office of Procurement Management Page 3 of 4 Page 84 of 120 City of Miami Gardens By _____________ (SEAL) (Name) ________________ _ (Address), ________________ _ Phone & Fax number and Address for receipt of official communications Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in manner indicated above) Notice to Bidders Form 113 (9/2016) Office of Procurement Management Page 40f4 Page 85 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 LIST OF SUBCONTRACTORS The Undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of Work to be performed by each, and that such list will not be added to nor altered without written consent to the City through the City Representative. SUBCONTRACTOR AND ADDRESS CLASS OF WORK TO BE PERFORMED (1) (2) (3) (4) (5) (6) (7) DATE BIDD'bE~R _______ _ BY: Page 86 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 STATEMENT OF EXPERIENCE OF PROPOSER The Proposer is required to state below what Work of similar magnitude is a judge of his experience, skill and business standing and of his ability to conduct the Work as completely and as rapidly as required under the terms of the Contract. E-Mail Address of contact must be included PROJECT AND LOCATION (1) (2) (3) (4) (5) (6) (7) (8) DATE Statement of Experience of Proposer Form 122 (9/2016) Office of Procurement Management REFERENCE -E-Mail Address BIDDER~ __________________ __ BY: Page 87 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 REFERENCES As specified in the Instructions to Bidders section ofthis Bid Document, Bidders are to present the details of a minimum of three (3) references of similar work. (Additional references may be submitted on a separate sheet) CITY, STATE, ZIP Company Name: Fax: Email: Phone: page 88 of 120 City ofMiarni Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 CONTRACTOR'S QUALIFICATION STATEMENT INSTRUCTIONS PROJECT: OWNER: CITY OF MIAMI GARDENS CONTRACTOR: INSTRUCTIONS All questions are to be answered in full, without exception. If copies of other documents will answer the question completely, they may be attached and clearly labeled. If additional space is needed, additional pages may be attached and clearly labeled. The City of Miami Gardens shall be entitled to contact each and every person/company listed in response to this questionnaire. The proposer, by completing this questionnaire, expressly agrees that any information concerning the proposer in possession of said entities may be made available to the City. Only complete and accurate information shall be provided by the proposer. The proposer hereby warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate, and complete. The proposer also acknowledges that the City is relying on the truth and accuracy of the responses contained herein. If it is later discovered that any material information given in response to a questions was provided by the proposer, knowing it was false, it shall constitute grounds for immediate disqualification, termination, or rescission by the City of any subsequent agreement between the City and the proposer. If there are any questions concerning the completion of this form, the proposer is encouraged to contact the Office of Procurement Management, facsimile: (305) 474-1285, e-mail: Procurement@miamigardens- fl.gov. Contractor's Qualification Statement Instructions Form 116 (9/2016) Office ofProcuremeut Management Page 89 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 STATEMENT AND QUESTIONNAIRE Documents that reqnire notarization shonld be uploaded to BidSync at the time of bid snbmittal or mnst be submitted to the Office of Procnrement Management within three (3) days of onr request. GENERAL BACKGROUND Current name, address, and telephone of Bidder: Previous name and/or address of Bidder, if any: Current president or chief executive officer: Years in that position: Number of permanent employees: How many years has your organization been in business? How many years has your organization been in business under its present business name? Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management Page 90 of 120 City of Miami Gardens If a corporation answer the following: Date ofIncorporation: State of Incorporation: __________ _ President's name: Vice President's nam--e-: ----------- Secretary's name: ____________ _ Treasurer's name: ____________ _ If an individual or a partnership answer the following: Date of Organization: __________ _ Office of Procurement Management 18605 NW 271h Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Name and address of all partners (state whether general or limited partnership): If other than a corporation or partnership, describe organization and name principals: Name and addresses of current affiliated companies (parent, subsidiary, divisions): Ifa Joint Venture answer the following: Formulation of joint venture Proof of incorporation as a joint venture or Copy of the formal joint venture contract between joint parties which must include: Respective roles Responsibilities Levels of participation for this project FINANCIAL STATUS FINACIAL STATEMENTS Attach a financial statement, prepared by a C.P.A. including MD&A (Management Discussion & Analysis), latest balance sheet and income statement showing the following items: Current assets, i.e., cash, joint venture account, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses: Net fixed assets: Other assets: Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management page 91 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Current liabilities, i.e., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes: Other liabilities, i.e., capital, capital stock, authorized and outstanding shares per values, earned surplus, and retained earnings: BANKRUPTCIES Has the Bidder, or any of its parents or subsidiaries, ever had a Bankruptcy Petition filed in its name, voluntarily or involuntarily? (If yes, specify date, circumstances, and resolution). Has any Majority Shareholder ever had a Bankruptcy Petition filed in hislher name, voluntarily or involuntarily? (If yes, specify date, circumstances, and resolution). LOANS Is this Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? (If yes, specify details, circumstances, and prospects for resolution). COMPANY EXPERIENCE -SIMILAR PROJECTS List all projects of reasonably similar nature, scope, and duration performed by your company in the last five years. Include the name of project, contract amount, dates of service, and percentage of the cost of work performed with your own forces. Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management Page 92 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Of the projects listed above, identify any which was the subject of a claim or lawsuit by, or against, the Contractor, Identify in your response the nature of such claim or lawsuit, the court in which the case was filed, and the details of its resolution, We normally perform the following work with our own forces: Have you ever failed to complete any work awarded to you? If so, note when, where, and why: Have you ever been terminated from a project? If so, note what project, when, and why: Within the last five years, have you ever been charged with liquidated damages? If so, note what project, when and why: Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation. If Joint Venture, on a separate sheet, list the experience of the parties in the venture and if they were separate or joint LEGAL PROCEEDINGS ARBITRATIONS List all arbitration demands filed by, or against, the Bidder in the last five years, and identify the nature of the claim, the amount in dispute, the parties, and the ultimate resolution of the proceeding. Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management Page 93 of 120 City of Miami Gardens LAWSUITS Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 List all business related lawsuits (other than labor or personal injury litigation) filed by, or against, the Bidder in the last five years, and identify the nature of the claim, the amount in dispute, the parties, and the ultimate resolution of the lawsuit. OTHER PROCEEDINGS Identify any lawsuits, administrative proceedings, or hearings initiated by the National Labor Relations Board or similar state agency in the past five years concerning any labor practices of the Bidder. Identify the nature of any proceeding and its ultimate resolution. Identify any lawsuits, administrative proceedings, or hearings initiated by the Occupational Safety and Health administration concerning the project safety practices of the Bidder in the last five years. Identify the nature of any proceeding and its ultimate resolution. Identify below any OSHA citations and any fines that may have been imposed on your company or organization in the last five years. If bidder is a joint-venture or partnership, list citations for both firms. State your current Insurance Experience Modification factor. Identify any lawsuits, administrative proceedings, or hearings initiated by the Internal Revenue Service, or any State revenue department, concerning the tax liability of the Bidder (other than audits) in the last five years. Identify the nature of any proceeding and its ultimate resolution. Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management Page 94 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Have any criminal proceedings or investigations been brought against the Bidder in the last ten years? (If yes, please attach a complete and detailed report with your responses to this Questionnaire). REFERENCES Provide trade references naming contact person, telephone number, e-mail address. Provide Bank References naming the organization, street address, contact person, telephone number, and e-mail address. LICENSES AND INSURANCE Please enclose copies of your Florida Food Establishment License, Certificate of Good Standing and Current Certificates of Insurance for general liability, automobile liability, and workers' compensation insurance. COMMENTS: Please list any additional information that you believe would assist the City in evaluating the possibility of using the Bidder on this project. The proposer understands that information contained in this Questionnaire will be relied upon by the City of Miami Gardens in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager. The proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Gardens Police Department. By submitting this questionnaire, the proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management Page 95 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 I certify that the infonnation and responses provided on this Questionnaire are true, accurate and complete. The City or its representatives may contact any entity or reference listed in this Questionnaire. Each entity or reference may make any infonnation concerning the Bidder available to the City of Miami Gardens. Dated: _______ _ BIDDER: By _________________________ _ Sworn to and subscribed before me this ___ day of" _________ , 20 __ _ Notary Public My Commission Expires: By: ----------------------------1_-------------------(Signature) (print name) Address: ____________________________ ___ Telephone: ,-( _--,) _________ _ Fax: (L __ ) _______ _ E-Mail: ____________________ _ Social Security Number (OR) Taxpayer Identification Number (TIN): Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management Page 96 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 By:, _____ ---=::----:-----:-______ ---', _________ _ (Signature) (print name) Addr~s: __________________________ ___ Telephone: (,----,) _______ _ Fax: (,-_-,) _________ _ E-Mail: _________________________ _ Taxpayer Identification Number (TIN/EIN): __________ _ State Under Which Corporation Was Chartered: Corporate President: __________ ---=::-:--.:-::-_.,--_________ _ (print Name) Corporate Secretary: __________ ---=::-:--.:-::-_.,--_________ _ (Print Name) Corporate Treasurer: __________ --=--,-----",,--.,---_________ _ (print Name) CORPORATE SEAL Attest By: ____ ::-_____ _ Secretary Statement and Questionnaire Form 121 (9/2016) Office of Procurement Management Page 97 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 ASSIGNMENT OF ANTITRUST CLAIMS Contractor Subcontractor Supplier (strike inapplicable words) and City recognize that in actual economic practice, overcharges resulting from price-fixing violations of the antitrust laws are in fact usually borne by the City. Therefore, Contractor Subcontractor Supplier, for an in consideration of payment in the amount of (bid amount)$ for Contract Number ITB# and other good and valuable considerations, receipt of which is hereby acknowledged, hereby assigns, conveys, sells and transfers to the City of Miami Gardens, Florida, all rights, title and interest in and to all causes of action it may have under the antitrust laws of the United States or any of the several states for price-fixing of services, goods or materials furnished in connection with performance of this contract. Contractor Subcontractor Supplier and City also recognize that the public interest in vigorous enforcement of the antitrust laws is furthered by private treble damage actions. Therefore, City hereby consents to reassign to Contractor Subcontractor Supplier all of part of the antitrust claims assigned herein, at the sole discretion of City, when it appears that the best interests of the State of Florida and its citizens would be served thereby. As used herein, the words "price-fixing" include, but are not limited to, price-fixing, resale price maintenance, collusive bidding, bid rigging, complementary bidding, combinations or conspiracies to restrict output or supply, and all other forms of agreements or understandings which have the purpose or effect of tampering with the price structure of services or articles of commerce. Signed __ ---:::-:---:---:----:-_:-:-_-:-:::--__ _ Duly Authorized Agent For: Title of Duly Authorized Agent Whose Signature appears above Dated this _______ ----'day of _____________ _ Witness: ______________ Date, __________ _ page 98 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 DRUG FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids which are equal with respect to price, quality, and service from businesses that are not located within the City of Miami Gardens are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature Drug Free Workplace Form 108 (9/2016) Office of Procurement Management Page 99 of 120 City of Miami Gardens Office of Procurement Management '18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN CONTRACTING AND DEMONSTRATION OF CAPBILITY Name of Business: Address of Business: Type of Business: o Corporation o Partnership o Sole Proprietorship o Joint Venture Attached is the following documentation as evidence of status: For Business claiming status as a Section 3 resident-owned enterprise: o Copy of resident lease 0 Copy of receipt of public assistance o Copy of evidence of participation 0 Other evidence in a public assistance program For business entity as applicable: o Copy of Articles of Incorporation 0 Certificate of Good Standing o Assumed Business Name Certificate 0 Partnership Agreement o List of owners/stockholders and 0 Corporation Annual Report % ownership of each 0 Latest Board minutes appointing officers o Organization chart with names and titles 0 Additional documentation and brief function statement For business claiming Section 3 status by subcontracting 25 percent ofthe dollar awarded to qualified Section 3 business: o List of subcontracted Section 3 business(es) and subcontract amount For business claiming Section 3 status, claiming at least 30 percent of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business: o List of all current full-time employees 0 List of employees claiming Section 3 status o PHAII HA Residential lease less than 3 0 Other evidence of Section 3 status less than 3 years from day of employment years from date of employment Evidence of ability to perform successfully under the terms and conditions of the proposed contract: o Current financial statement o Statement of ability to comply with public policy Page 100 of 120 City of Miami Gardens o List of owned equipment o List of a II contracts for the past two years Authorizing Name and Signature Attested by: _____________ _ Page 101 of 120 Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 (Corporate Seal) City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 City of Miami Gardens Office of Procurement Management Ordinance 2011-01-243, establishes a program enabling the City to collect relevant data to determine if Minority Business Enterprises that are eligible and qualified to perform services on behalf of the City, are being given the opportunity to provide these services. Contractor Name: ________________________ _ Add~ss: __________________________ ___ FederallD: ____________ _ Phone: ___________ Email: ______________ ___ Is the principal owner(s) of the company any of the following? ___ African American ____ Hispanic ___ Asian, ___ ,Native American Are Sub-Contracting opportunities available with this contract? ___ Yes ___ No If yes, insert the sub contractor's information in the chart below. Company Name, Address, Phone & Email Type of Ownership Trade or Services to BM -African Am be performed HM -Hispanic AM-Asian NM -Native Am. Is your company currently certified as a Minority Business Enterprise? __ Yes __ No If yes, which entity issued the certification? ________________ _ It is hereby certified that the following information is true and accurate account of contacts and responses for sub-contracting opportunities on this contract Signed =-____________ _ NamelTitle ____________ _ Date. _____ -=:--:-:--__ --,-:--_:--..".,.... This form must be submitted with the bid or proposal Page 102 of 120 City of Miami Gardens Current Jobs Personnel/Staff Performed employed by Contractor Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 City of Miami Gardens Office of Procurement Management Staffing Requirements for project: Estimated Anticipated Jobs Estimated Days on New Hires for Performed Days on City City Project City Project Project Page 103 of 120 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 CERTIFICATE OF COMPLIANCE WITH THE FLORIDA TRENCH SAFETY ACT Bidder acknowledges that he is solely responsible for complying with the Florida Trench Safety Act (Act) and Occupational Safety and Health Administration's excavation safety standard 29 CFR 1926.650 (Subpart P as amended). Bidder further acknowledges that included in the various items ofthe proposal and in the Grand Total Base Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October I, 1990. The Bidder further identifies the costs to be summarized below: A. B. C. D. Trench Safety Method (Description) Units of Measure (LF, SY) Quantity Unit Cost Extended Cost $_----- $._----- $_----- $_----- Total: $ _____ _ Failure to complete the above may result in the bid being declared non-responsive. The costs indicated above are provided to comply with the Act and shall not constitute grounds for any additional compensation to that listed for the separate line items of the Bid Form. By: __ ~~ _______ __ Bidder Date:. _____________ _ Authorized Signature Trench Safety Affidavit Form 123 (9/2016) Office of Procurement Management Page 104 of 120 City of Miami Gardens City of Miami Gardens Office of Procurement Management Office of Procurement Management 18605 NW 27ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 The City of Miami Gardens is seeking to use this project as a means to provide employment opportunities to city residents that are currently unemployed. BIDDERS AFFIDAVIT NOTE: This Affidavit must be properly executed by the bidder. Bid No. ___________ _ Date: ________ _ Bid Title _______________________ _ Company Name ______________________ _ Authorized Representative __________________ _ Certifies they will in good faith attempt to hire a total of ______ unemployed residents of the City of Miami Gardens to complete the project as specified herein. Good faith efforts include but are not limited to the following: Advertisement in general circulation media Contact local agencies specializing in job placements, e.g. Workforce One, South Florida Workforce, Job Corp etc. Job Corp Contact Information: Anthony Robinson, Program Director Miami Job Corps Robinson.Anthony@jobcorns.org (305) 620-3104 Bidders Affidavit Form 104 (9/2016) Office of Procurement Management Page 105 of 120 City of Miami Gardens CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 TIllS CONTRACT made as of this __ _ day of ______ ,20 ~ by and between __________________ ----', hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY. WITNESSETH, that whereas, the CITY has awarded to the COJ>[WCTOR the Work of performing certain construction: follows: 1.1 ARTICLE 1 -CONTRACT Enumeration of Contract Documents: '; -(:< . ,,;, /) The Contract Documents coq~prise tli;,ci",tjre ",,,.el\ffi~,nt between <;;I;l'¥"",d CONTRACTOR and consist of the following: ':"-,:,,,',,'--, (I) (2) (3) (4) ,!~X;:,~o3~"~) {;l~,( hereof Sp"clflibaiJ;ws prepared by the CITY CITY's Invitation to Bid No. ___ dated ~"a,ocliffiiintS', are hereby incorporated herein by reference, and made a part , CITY and the CONTRACTOR shall become part of this Agreement. Any~~tjifflji~~ , Documents not includedw.'t/1is ; :,1 do not, and shall not, form any part of this Agreement. In the event of any conflict between t~~,;~uments or any ambiguity or missing specification or instruction, the following priority is establish"";' "/ a. Specific direction from the City Manager (or designee). b. This Agreement dated ________ and any attachments. c. Agreement & General Conditions d. Bid Document including all plans & drawings. Construction Contract Form 106 (9/2016) Office of Procurement Management Page 106 of 120 Page 1 of 13 City of Miami Gardens e. Contractor's bid submittal Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 1.2 Conflict, Error or Discrepancy: 1.3 3.1.1 3.1.2 If, during the perfonnance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. Representation of CONTRACTOR: ARTICLE 2. SCOPE OF WORK /;>" The CONTRACTOR hereby agrees to furnish all o/;~;· CONTRACTOR shall scheduling activities Insurance "''i/;:~\, bt!le')CITY. CONTRACTOR shall commence y "<~£S,;>-, (5) calendar days after receipt of the Notice of be issued until CONTRACTOR'S submission and acceptance ofthe full construction schedule in section, submittal schedule and schedule of values is a Notice to Proceed to mobilize on the Project site and commence ~~~~~r~~~~~~ ",.ft" "JK shall submit all necessary documents required by this provision v ~:ndOf~'~)'S of the issuance of Notice of Award. 3.2 The Work must begin ten (10) calendar days from Notice to Proceed or the date fixed in the Notice to and shall be carried on at a rate to insure its substantially completed within ~;;~;:Il~;;Ii';;£;i16~le~d',," days from the issuance of the Notice to Proceed, completed and ready for final Proceed, whic!JeY~rjj,;tater, payment in accordance with Article 6 within '_'.""""""',,'.; days from the date certified by CITY as the date of Final Completion. 3.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved time extensions, if any, CONTRACTOR Construction Contract Form 106 (9/2016) Office of Procurement Management Page 107 of 120 Page 2 of13 City of Miami Gardens Office of Procurement Management 18605 NW 27ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 shall pay to CITY the sum of ,,:tl;';:~.1i;;;~;Cj:,~,~,,;£.',-g,},;~~;ig for each calendar day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum the time specified in Section 3.2 above, plus any approved extensions, for final payment. These amounts are not penalties, but are obtain full beneficial occupancy and/or use of the Project. Li(jui,dab which the CITY will suffer as a result of the "r.~ n~ a formal resolution concerning the amount of said CONTRACTOR to complete the Contract as The above-stated liquidated damages shall for completion is given. 3.4 CITY is authorized to deduct liquidated':': Contract. for each calendar day after for completion and readiness to CITY for its inability to fixed and agreed failure of for the Work under this 3.5 CONTRACTOR shall be resl~on,;ible incurred by the 1~~~~::j~~:: date specified above, nh',~.··"" to liquidated damages, for all costs ilt,~un';tnllilii()n of the WORK beyond the completion ArchitectiEngineer construction costs shall be ,ctlErlgi:neo,r, a copy of which is available upon request ,)'dedu,~ed from the monies due CONTRACTOR for pursuant to ll!elcontract ';:~~:r~?;ff;~' ;_,_~" of the CON~~R; su<:jj(i,1 ~ts perfurmance ;fW:O~~.el!ns of li'i\!IlAAI1l1 credit change orders issued by CITY, as costs are incurred l!i~RitectlEngi\l~.and~lO;J>y , . ,,/ ? ":'<,",~,,:;:',; -/ _;_'i\ ".-<';;,:;/ AllTICLE40.€OMPENSATION ,,', __ " ',', --c.,,_, , '," ""''''''''', ,_ '_._.\ CItYSh.dl:8~f'CO~M~OR as full compensation for the all material, services, labor and performance, ,'-'I ".-'. including overhead 'aria profit, associated with completion of all the Work in full conformity with the !"-'-; requirements ",s.s~>t,r shown in the Contract Documents, the sum of 1';;;;~;cE'K:'i3VC3',j;;:':;i~;';ij!t111!0 ARTICLE 5. PROGRESS PAYMENTS CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than once a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract Price Construction Contract Form 106 (9/2016) Office of Procurement Management Page 108 of 120 Page 3 of13 City of Miami Gardens Office ofprocurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 as progress payments. The CONTRACTOR'S application shall show a complete breakdown of the Project components as dictated by the CITY, including au updated Schedule of Values showing the quantities completed aud the amount requested, together with such supporting evidence as may be required by the CITY. CONTRACTOR shall submit with each Application for Payment, au updated progress schedule acceptable to the CITY as required by the General Conditions and a release ofliens relative to the Work which is the subject of the Application. Each Application for Payment sl)l!ilI,t>e submitted in triplicate to the CITY. The CITY shall make payment to the CONTRACTOR, approval by the CITY of CONTRACTOR'S Application for PalmiliRt updated progress schedule. shall be , s sub'lJli,ssic,n of au acceptable Completion and acceptance by the CITY in~with '~erms and .'. in the Contract Documents. Upon Final completi~~~"':~~ce ·'o~~1'&.f (1/2) C~;)the retainage will be returned to CONTRACTOR in accordanc~·\.ilh the te~': and co;i~i:ilfulated in the Contract <::;'\:. -\_'~,',<,';, /H"-) '?'!_':;';'(~}:~>" Documents. --\.::,c -",':;:~> ,:_:,:/ ;.;' .: .. '/ One half (1/2) of the retainage fee sIi~\~\i'h~M,aud s~{redeemable upon satisfactory completion of the twelve (12) months oE six (6) montIls'~i'IT~'1!eriod'~'fity shall select length of warranty period upon notice of award.;(~:~ti\.;. <!\ '., "» The CITY may withhold,';f#;~;'~'~W.p.rt;:';"yment;w~ch extent as may be necessary to protect itself -;;'tt:~i~~''', ,,'::,; '~"_»>"' c', --",- from loss on,,~~~.tunt of: -, ",~.~,:t" a) 'i;,i~~i~;~Jye Work<~~~p1edied'::'-;;';::,,;_~;> b) '\{'~{';~~~ii~~.reasd~ITevidence indicating probable filing of claims by other parties :;~fji;;' c) '!!';~~ri£l~;~~to make payments properly to Sub-Contractors or for material .•.• ;. \ ··;'· •. ;i;; .• ·.;>;:;e).la&~~.\ . ;'d)'" "UlilI!age;w'another CONTRACTOR not remedied. '_'~,_:~,\ v-'.5;-) e) Li~i\ilIate;( damages, as well as costs incurred by the CITY for extended construction ,::" .. , . .j .adn'.jJ{istration. When the abov"'~&u~ds are removed or resolved or CONTRACTOR provides a surety bond or a consent of Surety, satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT Construction Contract Form 106 (9/2016) Office of Procurement Management Page 109 of 120 Page 4 of 13 City of Miami Gardens Office of Procurement Management 18605 NW 27ili Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The CONTRACTOR shall only receive payments If CITY finds the Work acceptable, the requisite documents have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatcry agencies have been met, the Architect/Engineer and CITY'S Representative will submit a statement stating such to the CITY Manager. :~\"i;i:c--'-' ,-,{,:,;::~>/ Before the Final Payment, CONTRACTOR shall deliver tc CITY ~plete waiv~r of lien(s) or release of ,<!:~.:;~ '[}";:'~'" all lien(s), as applicable, arising out of this Contract, or receipts in fii!!";f,~.~c~tWork; and an Affidavit t'_c#f"\>~\,Y certifYing that all suppliers and Sub-Contractors have ~ paid in full, ·.~ihat all other indebtedness connected with the Work has been paid.'~~~tr~*l;0,,'4i;~~,;,,\S\";: ,) The CITY may withhold, in whole or in exteiit!~.may be l!!'Cessary to protect itself -,c'.~\,t::, , .... ; Y'i) '',----H ,,,.,_ from loss on account of: ·:'Y'i".i' ";<',~:;-->" A. B. C. filing of claims by other parties pa:ynl~I~)I,ro:perly to Sub-Contractors or for material or remedied. ~~i'cllIT"d by CITY for extended construction administration. ~res<)lvl,d satisfactorily to the CITY, payment may be made. he entire unpaid balance of the Contract sum shall be paid by CITY to the (30) days after completion of all Work, Contract fully performed and a final ARTICLE 7. NftSClcLLANE01US 7.1 Conflict: Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall contrul. Construction Contract Form 106 (9/2016) Office of Procurement Management Page 110 of 120 Page 50f13 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 7.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents or sub-contractors of the CITY and CONTRACTOR shall be responsible for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the parties a partnership or joint venture. 7.3 Oualifications: CONTRACTOR, and the individual executing this warrants to the CITY that the CONTRACTOR is a Florida standing, and that the CONTRACTOR has all the required required by the State of Florida and the County of behalf of the CONTRACTOR, pra'Rn.etolrship, etc.) in good of competency ilications of competency required by the State of Florida described. 7.4 Entire Contract -Modification: whatever source arising. except as the parties or be binding upon any any legal validity between IOv,le,lge that this Contract contains the entire effective unless made in writing and ,;(:"nll'act is executed. If any term in the conflict with the Contract, then the terms of executed by the the COlntr'LCt .:hal 7.5 CITY intend to directly or substantially benefit a ~0I1trt~i1Il!~]partie;~~I~"ily acknowledge that it is not their intent to create any rights "~r,i\l>ilgations in . Contract Therefore, the parties agree that there are no ·,®rd-party " , and that no third-party shall be entitled to assert a claim against "~)\ either .ofthem,based up\!i'l'1\1:is '-'. :."":/:.'. :'::;"'" ';'.\ "\ 7.6 Notices/ Authorized R~i!resentatives {""'-r Any notices '!'iLuirf!!I,',ji permitted by this Agreement shall be in writing and shall be deemed to have been properly giveit·jftransmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid retorn receipt requested, or by Federal Express addressed to the parties at the following address: City of Miami Gardens Attn: City Manager 18605 NW 27th Avenue Miami Gardens, FL 33056 Construction Contract Form 106 (9/2016) Office of Procurement Management Contractor: Name: Address: City, State & Zip: Page 11101120 Page 60f13 City of Miami Gardens Office ofprocurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 7.7 Assigmnent and Performance: Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the Work required by this Contract except as authorized in the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by 7.8 7.9 7.10 training, experience, education, or a combination thereof, to ad"qu.teix and competently perfonn the duties, obligations, and services set forth in the Scope of Work and and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and Contract in a skillful and respectable manner. The quality ofC()NTRA(;TC)R:~,pelfOl1l12illCe provided to or on behalf of CITY shall be comparable to . Materiality and Waiver of Breach: CITY ."!''\.';'cv" duty, and obligation set forth in these Contract D()cll~~.~ Contract and, therefore, is a malterial,~~ ..• helreof.:~p'])~lure shall not be deemed a waiver of such P\ih.ViiSi<l11l A waiver of any breach of waiv~i"iQf any subsequent breach and shall not be construed to be a nlOdliJi,l; by a court of competent jurisdiction to be pr'JvisiolOS'\!l#lI), "ontlnlWi1ilil\e effective, unless CITY or CONTRACTOR elects to ~'l~",election to .. ~:minale this Contract based upon this provision shall be made ilj~im.dit!.g b:V tiJe,£c}Urt becomes final. This Contract shall be enforceable in Miami-Dade Couoty, Florida, and iflegal aClf6Ii!~i~~e:~tf.:IJ1.Y. en'1"'''p'my with respect to the enforcement of any or all of the terms or conditions herein exclusive ve.ii!ji;'\fc)f .• enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Co'ntlra"t,..'c~jN'TlllAC:TOR and CITY hereby expressly waive any rights either party may have to a of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions oftbis Contract. 7.11 Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney's fees, expenses Construction Contract Form 106 (9/2016) Office of Procurement Management Page 112 of 120 Page 70f13 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 and court costs, including appellate fees incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 7.12 Amendments: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the CITY and CONTRACTOR. ,X: ",>~ .. , 7.13 Prior Contracts: This document incorporates and includes aif:\~or negoti~tions, correspondence, ,,"1),:-,1), conversations, Contracts, and understandings applicable to the matt'~~1~~t~~>herein and the parties agree that there are no commitments, Contracts or con~ci~1t~ilie subject_l'~atter of this Contract that are not contained in this document. parties agree;1iIat no de~n from the e;, :~\'k',;{, ,,-ii~~j_~~:}Y terms hereof shall be predicated upon any wheth~~:Or written. It is further agreed that no modification, shall be effective unless set forth in CO!nij!liorlS contained herein 7.14 Future Litigation: Contractor certifie""~t'if: 7.15 claims, lawsuits, or either performed by construction projects, work or tasks Florida Statutes, PROPOSER shall protect, officials, officers, members, agents, representatives claim"~~~i1itiies, expenses, or damages of any nature, including attorney \i}!;'l!!'"rs')Jl; anld for injury to any property arising out of or in any way ROJiiW'eriimnaJrrce of aJrry provision of this Agreement required of the of the PROPOSER, or resulting from any violation by the PROPOSER or its l,olrdllrran.ce, regulation or other legal requirement pertaining to a safe place of rrifriimum hours and wages, and fair employment practices. However, nothing herein shall be de,,...i4/to indemnifY CITY for any liability or claim arising solely out of the negligent performance The City does hereby agree to indemnifY and hold harmless PROPOSER, from any aJrrd all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of City's performance of this Agreement. This agreement is subject to the provisions of Section 768.28 Florida Statutes, such that the City shall not be held liable to pay a personal injury or property damage claim or judgment by any Construction Contract Form 106 (9/2016) Office of Procurement Management Page 113 01120 Page 8 of13 City of Miami Gardens Office of Procurement Management 18605 NW 27th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the performance of this Agreement. However, nothing herein shall be deemed to indemnifY PROPOSER from any liability or claim arising out of the negligent performance or failure of performance of PROPOSER or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign contract amount shall represent the consideration to be provided for this 7.16 Insurance: All insurance requirements must be met and evidenced to performance of services. The City reserves the right but not me Oallgl" insurance coverage which fail to require ContractorN endor to One percent (1%) of the or reject any reserves the right to sufficient or adequate types or amounts of insurance to be liabilities, but are merely minimums. all persons fulfilling this contract for statutory of Florida and any applicable federal laws. The a limit of$I,OOO,OOO each accident, $1,000,000 each The City will not accept certificates of ex"mlpti,j~1,\c;oTILfJ!l ~;<!fii~lt VVoi'kers Compensation is provided for all persons fulfilling this r.SiiP11oyed;'%illtJ·aclted, temporary or subcontracted is required . • ·.··•·· •• ·.~oD,Bii~~ .. G1il\j!!('1 Liability: Occurrence Form Required. Contractor shall maintain cOJmnler,ci!i1f~11">ral.m"bil!ity (CGL) insurance with limits of not less than: • each occurrence for bodily injury and property damage • general aggregate (must apply Per Project) • products completed operations aggregate • $1,000,000 personal & advertising injury No exclusion shall apply to: premises, independent contractors, contractual liability, or property damage resulting from explosion, collapse or underground (XCU) exposures. Construction Contract Form 106 (9/2016) Office of Procurement Management Page 114 of 120 Page 9 of13 City of Miami Gardens Office of Procurement Management 18605 NW 27" Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Commercial Automobile Liability: Contractor shall maintain automobile liability insurance with a limit of not less than $2,000,000 each occurrence for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto fulfilling duties under this agreement (including owned, hired, and non-owned autos). The policy shall provide contractual liability coverage. Professional LiabilitylMalpracticelErrors or Omissions: Li,:~~ed design-build professional work such as that provided by architects, engineers, etc. sh"llc •. 'l!i!iPthln professional liability or malpractice or errors or omissions insurance with limits per occurrence. If claims- made the retro date shall be prior or equal to the effective '.:C" with the City. The coverage shall be renewed or include a "tail" or Discovery, of coverage for a period of 3 years following the completion i. project. PollutionlEnvironmental Impairment Li"bilitY impainnent Liability insurance is to be impairment which may arise from . non-owned disposal sites utilized $5,000,000. The coverage period the expiration date of the to the effective date of any Discovery, or continuous rel~~,w:·otFovel·a~d:: the project. for to cov'era"e is ompleted project, until shall be prior or equal include a "tail" or of3 years following the completion of UmbreUa or . c: shall be utili"~~iiil'" provide the required limits. Coverage mdliei~~ctive than the underlying insurance policy coverages, inl'ludin,~~,peci';~.·~ii4<)!s\i!i.ents anli"City as Additional Insured status. sp~~~j,l~~\~~s:: c: ;::e :;.rtiJ~.te ofIr,swrimce shall confmn in writing that all applicable proV1SI~~pply:: ...•.. "/' '\;~r:~2\ ',:':'»;/; ,-,<~;,,:-~-_?::-:,,_: _'" }l E~;Of Insura);.,.!: A copy of the ContractorN endor' s current certificate of ':.\ ",' ,)nsu~ MUST be provided with the response to this bid. A formal certificate shall be ". . . ":c.'£:'\(;~id~c:;mon announcement that a Contractor has been awarded the work. The ';§;,i{'\ \. > \. ?~cate(~) shall ~e signed by a person authorized by th~t insurer to bind coverag~ on I~,~alf. All CertIficates ofinsurance must be on file WIth and approved by the CIty ·;,,"'ti~fdfe commencement of any work activities. The formal insurance certificate shall also comply with the following: Additional Insured: "City of Miami Gardens and its Elected Officials, Agents, Representatives, Employees, and Volunteers" shall be named as an "Additional Insured" on all policies except Worker's Compensation and Professional Liability. Construction Contract Form 106 (9/2016) Office of Procurement Management Page 115 of 120 Page 10 of 13 City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 Additional Insured coverage shall be provided with the following ISO forms or similar policy provisions providing equal to or broader than coverage: One of the following forms or its equivalent: CG 2026 (Additional Insured-Designated Person or Organization) OR CG 2010 (Additional Insured-Owners Lessees Contractors) OR CG 2038 (Additional Insured-Automatic Status). AND, if products or completed operations exposur~;' " CG 2037 (Additional Insured-Completed Operatio~)i'The ContractorlVendor is required to continue to purchase products and coihi11'~d operati9~s coverage to satisfy this agreement for a minimum of three years beyondi,~~~~:;'r'the work. cancellation, non-renewal, policy. In the event the "i,,·' notificatio~::;;~~~ in~~;~ent of jificati~r,!,r any other lapSc:i'~W~lage of the nOir,Wl>yide such noti'fi~:On, Contractor In the event the insurance certificate shall be dellive:red completion':"'t~e project, a renewal .: . to any otherinsurance. Coverage shall be policy provision providing equal to or M(iPrilmrurv and Noncontributory -Other Insurance policies, except Professional Liability, will waive rights of Coverage shall be provided with the following CGL ISO form oro,vision providing equal to or broader than coverage: CG 2404 :Trans:fer of Rights of Recovery Against Others to Us). '!Intr.d,",s' Compliance: It is the responsibility of the contractor to insure that all >nfiract:ors comply with all insurance requirements. Financial Stability: The policies of insurance shall be written on forms acceptable to the City and placed with insurance carriers authorized by the Insurance Department in the State of Florida. All insurance carriers must meet a minimum financial AM Best company rating of no less than: "A-Excellent: FSC VII. City reserved the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. Construction Contract Form 106 (9/2016) Office of Procuremeut Management Page 116 of 120 Page 11 of13 City of Miami Gardens Office of Procurement Management 18605 NW 27ili Avenue Miami Gardens, FL 33056 (305) 622·8000 FAX (305) 474·1285 7.17 Compliance with Florida Public Records Laws. To the extent required by law, Contractor shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, Contractor agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or .other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of defined in Section 119.011, Florida Statutes, as amended. The which records, if Construction Contract Form 106 (9/2016) Office of Procurement Management any, are Page 117 of 120 Page 12 of13 business by any agency. as inspection. City of Miami Gardens Office of Procurement Management 18605 NW 27 th Avenue Miami Gardens, FL 33056 (305) 622-8000 FAX (305) 474-1285 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: WITNESSES: PrintName:~~~~~~~~~_ ATTEST: City Clerk ,-._-- -. .- ql:~~ Attorney';'\ "'.,. " '~';:':>". '-"~"j' , "\ Dated:,',' :c\ Construction Contract Form 106 (9/2016) Office of Procurement Management CONTRACTOR: PrimName:~~~~~~~~~r-__ Page 118 of 120 Page 13 of13 Fo"" W-9 (Rev. December 2014) Department of the Treasury Intemal Revenue SeJvice Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. N 1211.~~~m;Tcfu~~~en.ttYnrna~me~,ITdm;;n,~~~;;------------------------------------------------------------ f~----~------------------------------------------------------~r-------------------3 Check appropriate box for federal tax classification; check only Ohfjl of the following seven boxes: 4 Exemptions (codes apply only to O 0 certain entitles, not individuals; see o Individual/sole proprietor or C Corporation D S Corporation D Partnership Trust/estate instructions on page 3): single-member LLC Exempt payee code (if any) _____ __ D Umlted liability company. Enter the lax classification (0::;0 corporation. S=S corporation, P=partnership)" __ :----:- Note. For a single-member LLC that Is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting the tax classification of the single-member owner. code (if any) (AppIIMIo iCCOIInl3 /IIIIIIfBined tMSJd& rile U.s.) Enter your TIN in the appropriate box. The TIN provided must name given on line 1 to avoid backup withholding. For Individuals, this Is generally your social security number (SSN). However, for a resident allen, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Nota. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. perjury, I certify that: 1, The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me): and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by thelntemal Revenue Service QRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (e) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA cocIe{s) entered on this form ~f any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign I Signatur. of Here u.s. person" Date" General Instructions Section references are to the Internal Revenue Code unless otherwIse noted. Future developments. Information about developments affectIng Form W-9 (such as legislation enacted after we release It) is at www./rs.gOI//fw9. Purpose of Form An Individual or entity (Fonn W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN). indillidual taxpayer identification number (ITIN), adoption talCpayer identification number lATIN), or employer identification number (EIN), to report on an infonnalion return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (Interest earned or paid) • Form 1099-01V (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income. prizes, awards, or gross proceeds) • Form 1099-8 (s-tock or mutual fund sales and certain other transa.ctlons by brokers) • Form 1099-8 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage intElf8st), 1098-E (student loan Interest), 1098-T (tuillon) • Form 1099--C (canceled debt) • Form 1099-A (a~uISitlon or abandonment of secured property) Use Form W-9 only jf you are a U.S. person oncluding a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a nN, you might be subject to baCkup withholding. See What is backup withholding? on page 2. ey signing the fiUed-out form, you: 1. Certifylhal the TIN you are giving is correct (or you are waiting for a number to be issued), 2. certify thai you are not subIect to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person. your allocable share of any partnership income from a U.S. trade or business 1s not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form Of any) indicating that you are exempt from the FATCA reporting, is correct. See What Is FATCA teporling? on page 2 fot further information. Form W-9IRev. 12-2014) Page 120 of 120 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to Ipiper@myboca.usforplacementonthe NIGP SEFL website Cooperative contract page. BID/RFP No. ITS 15-16-039(A) Description/Title: Sidewalk Replacement and Installation Initial Contract Term: Start Date: 02/24/2017 End Date: 02/23/2018 Renewal Terms of the Contract: _4_,-----..,. __ ---.,.__ Renewal Options for ...,1 __ --:-_,--_ (No. of Renewals) (Period ofTime) Renewal No. _1_ Start Date: 02/24/2018 End Date: 02/23/2019 Renewal No. ~ Start Date: 02/24/2019 End Date: 02/23/2020 Renewal No. ~ Start Date: 02/24/2020 End Date: 02/23/2021 Renewal No.4 Start Date: 02/2412021 End Date: 02/23/2022 SECTION #1 VENDOR AWARD Vendor Name: METRO EXPRESS INC. Vendor Address: 9442 NW 109TH STREET Contact: Delio Trasobares Phone: -'.(3_0_5,-) 8_8_5_-1_3_30 ______ Fax: (305) 885-1327 Cell/Pager: Email Address:delio@metroexpresscorp.com Website: FEIN: ___________ _ sECTION#Z AWARD/BACKGROUND INFDRMATION Award Date: 02/08/2017 Resolution/Agenda Item No.: 2017-28-3133 Insurance Required: Ves X ---No ____ _ Performance Bond Required: Ves X ---No ____ _ SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Miami Gardens 18605 NW 27th Avenue, Miami Gardens, FL 33056 Latora Francis 305-622-8000 Emaillfrancis@miamigardens-fl.gov Fax: 305-474-1285 CONTRACT FOR SIDEWALK REPLACEMENT & INSTALLATION ATTACHMENT B 1. CONTRACT PRICE & CONTRACT BEWTWEEN CONTRACTOR AND CITY OF MIAMI GARDENS Thomas F. Pepe -01-11-16 Page 6 of7 CITY OF MIAMI GARDENS SIDEWALK REPLA\liME:-JT ANIl I~STALLATION ANNl:AL CO:-JTRACT REBID CONSTRUCTION CONTRi\(T TillS CONTRACT m.de as of this .ZIj.J(,da> of ~ ....• 201.1 by and between METRO EXPRESS. INC".. horein"fler rclcrred to.s the CONTR,\CTOR. and the CllI' OF MIAMI GARDENS. Fl.ORIDA. n Florida Immicipal COllmratil)n. hereinafter referred to as the CITY. WITNESSETH. th.t where.s. the \ITY h ... awarded to the CO:--JTRACTOR the Work of pcrlbrrning certain construction: NOW. THEREFORli. the CITY nnd the CONTRACTOR. Ibr consideration hereinaller named. agree as follows: AIHICI.I: I -C:O:>iTRACT OOClIMENTS 1.1 Enumeration of COlli rae I Docul11ents~ The Contract Documents comprise the entire agreement between CITY and CONTRACTOR and cunsist urlhe rollowing: (I) Titis Agreement and General Conditions (2) (~onstructjon Ilcrlorrnancc hondo (3) Construction payment bond. (4) Insurance certificate{s). (5) ~otice orAward and Notice to Proceed. (6) Invitation to Hid and the Spccillcations prepared by the CITY (7) CONTRACTOR's Response to the (,ITY', Invitation to Bid No.15·16-039(Aj dated November 28,2016. The aforementioned docunlcnts arc hereby incorporated herein b)' reference. and made a part hereof Any amendments executed by the CITY and the CONTRACTOR shall become part nfthis Agreement. Documents not included in this Article do 1I0t. and shall not. form any part of this Agreement In the event of any conflict between the docull1enls or allY ambigui1y or missing spccificalion 01' instruction. the following priority is established: a. Specific direction from Ihe Cit), 1\-1anagcr (or designee). h. This Agreell1ent dated ~ -?~-~_'} and any attachment!>. c. Agreement &. Gellcral Conditions d. Hid Document including all plans & drawings. c. Contractor's bid submittal 1.2 Connict, Error or Discrepancy: Construction Contract Form 106 (9/2016) Office of Procurement Management Page 1 of 12 If. duringlhc performance of Ihe Work. CONTRACTOR linds a conflicl, crror or discrepancy in the ConlraetDoeumenls, CONTRACTOR shall so reporllo Ihe CITY in writing al once and before proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. 1.3 Represenlalion of CONTRACTOR: Execulion of Ihe ConlraCI by Ihe CONTRACTOR is a representalion Ihat CONTRACTOR has visited Ihe Work sileand is familiar wilh .Ihe local condilions under which Ihe Work is.lo be performed. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby agrees 10 furnish all of Ihe malerials, lools, equipmenl, labor, services, incidenlal, and everylhing necessary 10 perform; and shall perform. all of Ihe Work. herein referrcd 10 as Work in accordance with Ihe Conlract Documcnls. The City is Ihe lead agenl on this conlracl for the Soulheast Florida Governmenlal Cooperative Group. ARTICLE 3. CONTRACT TIME 3.1.1 CONTRACTOR shall be .issued a Notice of Award by Ihe CtTY. CONTRACTOR shall commence scheduling aclivities nnd"erruil applications wilhin. five (5) calendar days .ner receipl Of the NOlice of Award. The Nolice 10 Proceed and Purchase Order will nol be issued unlil CONTRACTOR'S submission 10 CITY of all required documenlsincluding. bOI nol limited 10: Performance and Paymenl Bonds, Insurance Certificates fully executed Contract. 3.1.2 The receipl of all necessary permils by CONTRACTOR and acceplance ofthe filII conslruclion schedule in accordance with general tenns and conditions section, submittal schedule and schedule of values is a condilion precedenllo Ihe issuance oflhe Notice 10 Proceed. 10 mobilize on the Projecl siie and commence with Ih. Work. The CONTRACTOR shall submit all necessary documents required by Ihis provision wilhin fift •• n (15) calendar days oflhe issuance of Notice. of Award. 3.2 The Work must begin within len (10) calendar days from Notice to Proceed or Ihe dale fixed in the NOlice to Proceed, which¢ver is later. aod shall be carried on at a rate to insure its substantially completed within Ihree hundred sixly-five (365) calendar days from the issuance of Ihe Nolice to Proceed. compleled and ready for final payment in accordance with Article 6 within Ihirty (30) days from the dale certified by CITY as, the date of Final Completion. 3.3 Upon fail"re of CONTRACTOR 10 substantially complele Ihe WORK, herein referred 10 as Subslantial Completion. wilhin Ihe specified period of time, plus approved lime extensions, if any, CONTRACTOR shall pay to CITY Ihe sum of one hundred dollars (Sloo) for cach calendar day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complele the remaining Work wilhin Ihe tinte speCified in Construction Contract Form 106 (9/2016) Office of Procurement Management Page 2 of 12 Section 3.2 above. plus approved lime extensions. if any. Jbr COlllpll:tion !llld readiness for linal payment. CONTRACTOR 'hall pay 10 rlTY Ih. sum of one hundred dollars ($100) for each calendar day after Ihe time specified in Section 3.2 above. plus allY approved extensions. ifany. for completion and readiness for linal payment. These amounts arc not penalties. but are liquidated damages to CITY for ils inability to obtain full beneficial occupancy and/or usc urtlle Projl:ct. Liquidated damages arc hcrcb)' fixed and agrt.'Cd upon between the parties. recogni7.ing the impossibility of precisely ascertaining the amount of damages which the CITY will suffer us a result of the CONTRACTOR'S failure to perlorm and that will be obviate a formal resolution conccrning the amount of said damages and the cost and cllect of the failure of CONTR/\(,TOR to complctc the ('ontmct as required hereunder. The above-stated liquidated damages shall apply separately 10 each portion cflhe Project lor which a time for completion is given . . 14 CITY is authurized to deduct liquidated damages JI'Om monies due to CONTRACTOR for the Work under this Contract 3.S CONTRACTOR shall b. responsible for reimbursing CITY. in addilion to liquid.led damages. lor all cosls incurred by the Architect/Engineer in administering the construction of Ihe WORK beyond the completion date specified above. plus approved lime extensions. if an}'. Architect/Engineer construction costs shall be pursuant to the contract between CITY and ArchitectiEngil)ccr, a copy of which is available upon request of Ih. CONTRACTOR. All such cosls shall be dedueled from Ihc monies due CONTRACTOR for performance of WORK by means of unilateral credit change orders issued by CITY. as costs arc incurred by ArchilecllEngineer and agrccd 10 b)' CITY, ARTlCU: 4. COMPENSATION CIT" shall pay CONTRACTOR as full compensation for the all material. services. labor and pcrtomlance, including overhead and protil, associated with completion of aJi the Work in Ilill conformity with the requirements as stilted or shown in the Contract Documents. in the sum tlf three million. five hundred sixteen Ihousand. six hundred lilly (SJ. 516.650.00). ARTlCLt: S.I'ROGRf:SS PAY~n:NTS CONTRACTOR m3)' make Applicalion tor Payment for Work completed. at intervals of not more than once n month. Ilowcvcr. the CITY sholl not pay more 1111111 ninety p"rccnt (t)O%) nfthe total Contracll)ricc as progress payments. The CONTRACTOH.·S application shall !;how a complete breakdown of Ihe PrQject cornpollcntlt as dictated by the CITY. including 0111 Llpdatcd Schedule of Valucs showing Ihe quantities completed and the amount requcsted. together with such supporttng evidence U!l may be required by Ihe CITY. CONTRACTOR shall submit wilh each Application for PllymCI11. an updated progress schedule acceptable to the CITY as reqllir~d by the General Conditions and a release of liens relative to the Work construction Contract Form 106 (9/2016) Office of Procurement Management Page 3 or 12 whieh is the sll~ieet of the Application. Each Applkation for Payment 'hall be submitted in triplicate to the ('ITY. The (,ITY ~1811 make payment to the CONTRA(,TOR withill thirty (30) husiness days aller approval hy the CITY of CONTRACTOR'S Application ror Payml!nt and submission of an acceptable updated progress schedule. Ten percent 110%) of all monics earned by the CONTRACI'OR shall be retained by the CITY until Final Completion and acceptance hy the CITY in accordance wilh the tenns and conditions stipulated in the Contract Documents. Upon Final Completion and acceptallf,,'e one half (1/2) of the retainagc will be returned to CONTRACTOR in accordance wilh the terms and Cllnditions stipulaled in the Contract Docllments. Olle il.lf(lI2) of tile retai.age lee shall be held and shllil be redeemable UpOIl satisfactory completion of the twch'c (12) months or six (6) months warr'dl1ly period. The City shall select length ofwamlJlly period upon notice of award. The CITY may withhold. in whole or in part. payment to such extent as may be necessary to protect ilself from loss at! account of: a) Defective Work not remedied. b) Claims tiled or reasonable evidence indicating probable tiling of claims by olher parties again't CONTRACTOR. c) Failure ofCON'!'RACTOR to make payments l)rOpcrly to Sub·Col1traclors or for material or labor. d) Damage to another CONTRACTOR not remediei.l. c) Liquidated damages. as well as costs inculT~d by lhe CITY tilr extended construction administmtioll. When the above grounds arc removed or resolved or COi':TRACTOR provides a surety bond or a consent of Surely. satisfactory to the CITY which will protect the CITY in the amOLint withheld. payment may be made in whule or in part. ARTICI.E 6. ACCEPTANO: AND nNAI. PAYMENT Upon receipt of written nolice from CONTRACTOR that the Work is complete nnd rlo!ady for final inspection and acceptance. CITY shall. within ten (10) calendar days. make an inspection thereof. The (,ONTRA(,TOR shall only receive payments If CITY finds the Work "ccopt.ble. the requisite documents have been suhmitted. the requirements of the Contract DocLlm~nts full)' smislied, and all conditions of the perlnits and regulatory agcncies have been mct. the Architect/Engineer nnd CITY'S Representative will submit It statement stating such to the ('lTV Manager. Bcfor~ the Finnl Pa)'mcnt. rONTRACTOR shall deliver to CITY a complete wHiver oflicn(s~ 01' release of all Iien(s). os applicable. arising out of this Contract. or receipls in full for all Work: and an Affidavit Construction Contract Form 106 (9/2016) Office of Procurement Management Page 4 of 12 certifying Ihal all ,uppliers nnd Sun-Con"nel""s have been paid in full. lind thai all olher indebledness cOllnected with the Work has been paid. The CITY may v,:ithhold. in whole 01' in part. paymellt to silch extent as lIlay be nceessnry to protect ilself from loss on aceounl of: A, Defective Work not remedied, B. Claims filed or reasonable evidencc indicating probable tiling of claims by other parties again't CONTRACTOR. C. Failure of CONTRACTOR to make pa}'lnents properly 10 Sub·Conlractors or lor material or lahor, D. Damage to another CONTRACTOR not remedied. E. l.iquidalcU uarnages and Cl1S.ts incurred by CITY for I!-xtcnded construction administration. When the above grounds are removed or rCS<llved satisfactorily to the CITY. payment may be nlade, Final payment constituting the entire unpaid balanct.~ of the Contract sum shall be paid by CITY to the CONTRACTOR wilhin .hirty (30) days aller complelion of all Work. ('omracl fully performed and a final certificate for payment has been issued by the CITY'S representative, ARTICI.E 7. MISn:LLAN.:OlJS 7.1 Conflict: Where there is a contlict between nn)' provision sct forth within the Contract Documtliits lind H morc stringent state or federal provision which is applicable to Ihis Pruject. the more stringent state oc tedcml provision shall control. 7.2 Independent Contractor: CONTRACTOR is an independent contractor under this ('ontract. Services provided by CONTRACTOR pursuant to this Conlracl ,hnll be subject 10 the supervision of CONTRACTOR, In providing such services. neither CONTRACTOR nol' its agents shall act as officers. employees, or agents or sub-contraclors of Ihe ('ITY and CONTRACTOR shnll be responsible for .ny actions of its officer. employees. agent and suhcontractors, This Comtact shall not constitute or make the parties a partnership or joint venture. 73 Qualifications: CONTRACTOR. and lhe indi\'iduul cxccuting this Contract on behalf of the CONTRACTOR. warranls to Ihe CITY .11ft1 the CONTRACTOR is • Florida (corporation sole proprietorship. etc.) in good standing. Dnd thnt the (,ONTR,\(,TOR has all the rcquircd licenses nnd certifications of competency required by the State of Florida Ilnd the ('ounty of Miami-Dade to pcrtOnt1 the Work herein described. CONTRACTOR shall insure that 1111 Sub·('ontmclors have all required licenses Construction Contract Form 106 (9/2016) Office of Procurement Management I'age 5 of 12 and C't'rlilicalions of cmnpctcncy l'~qLlircd by the SUite of Florida and Ih~ County of' Miillni·DaJe 10 pertcU'lll th~ Wmk herein dcscrib.:d. 7.4 Entire C$.mtracf -MQdilici~1i9.U'; No stnlcmCl1ls. rcprc!lclitatioIlS. wan'antics. I.,'ithcr "riUl'n or ural. rmlll whatever source arising. except as ~,~prcssly sUIted in this COl1tmct. shall haw uny Icgal vulidity ht::lwccn the parties or bc binding ullon uny of them. The 1',1rties acknowlcdg.: thai III is Coniraci contuins th.: cntin,' umlersumding of the llanics, No l11odificnlions hereof shall b4.' cOcctivc unless madl' in 'Hiling and t::XCCLltcd by the parties hereto with the same fonn:1litics as this Contract is 1!xecuted, If any term in thl' CONTRACTOR'S proposul tlppcars to bl' in direct or ftl,parent conflict with the Contract. then thc lefillS ()f Ihe COlllracl shall cOOlrol. 75 Third Party Benenciaries~ Neithcr CONTRACTOR nor CI rv intend to directly or substantially benefit" third parly b)' this Contract. Thl.' pnrties expressly lIcknowlcdgc Ihal it is nut their inhmt tn cn.:' .. ltc ,my righls or tlhligalions in any third persun or entit), under this Contract Thcrclofl..'. thC' partiC's agree tlml [hen.' lIrc 110 Ihird.party beneficiaries 10 this Contract and thai no third·pany shall be l~ntitlt'd tn as-sert a clairn ugainst either of them hascd upon this Contract. 7.6 Notices./Aulhori.l.cd Rcprcscmativcs: Any notices requircd or permitted by this Agn:cment simI! he in wriling and shall be deemed to have hcen properly given iftnmsilliucd by hand·dl'livcry. by registered mail with postngc prepaid retunl rcccipi delivery. by rcgistC'rcd or ccrriti~d mail with pO!;lag.c prcpilid retum receipt requested. ()(' by Federal Express addressed to Ihe partie5 at !hl.! lollowing address: City ot' Mimni Gardens Attn: Cily Manager 18605 NW 27" 1\ venue Miami Gardens. FI. 33056 Conlnletol": Metro b;l"l'css. Inc. Name: Angel Fcrn:1l1dt..'z Address: 9442 NW 1(1)" Sireel Cill'. Siaic & Zip: Medic),. 1'1.)3 17N 7 ,7 M~ignl11,cl1t..wl4..performancc: Neither this emma," nm nny inlcrl'st herein shall he assigncd. InmslcITl'd. or encumbered by eith~r party. In addition. ('ONTI{A(,TOR sh.dl 110[ subCon1raCI uny pOri ion of Ihe Work required by this Contract except as authorized in the General Conditions. CONTR,\CrOR represents tlml all pcrstms deliverjng the !icrvices required by this Contract have the ~no\\'ledge imd skills. I.~ithcr by training. expC'ricncc. education. or a combination thereof: 10 udcquutcly and competently perform the dUlies. obligations. and services Sl~t n.)rth in the Scope of Work and tu provide and rcrfonll such sl'rviccs to C ITY'S satisfaction for th~ ilgreed compclIsutillil. CONTRACTOR slmll pcrlhrm its duties, ohligalilllls. and !\ervkcs under (his Contract in a skillful and l'csPl'clablc manlier. The qualit)' ofCONTRACTOf{'S pcrtbrmantc and all inll'rim ilnd lin;]] produclbJ pl'ovidc-d hl or on behalf ofCI'I'Y slmll hI! c0ll11l8mhlc to the best local <II,d Ilillional stlllldrtrds. 7.8 MiLt1:rialit,y-und ,Waivcr .!!f"Ureac/,!,; CITY and CONTRACTOR tll-\rcc that each r~qllircmenl. (Iuty. and obligation set forth in Ihese Contract DocLllllcl1Is is ~uhS1<lnlinl al1d illlplll1ant to the tf.lrInatic)Il nf Ihis Construction Contract Form 106 (9/2016) Office of Procurement Management Page 6 oJ' 12 Contmet and. theretore. is a material term hereof. (TrV'S titilure to entilrce any provision of this Contract shallnol be deemed u waiver of Slich provision or moditication of this Coniraei. A waiver of ony breach of a provision of Ihis Contract shall nol be deemed <.1 ,,,'uivcr llf any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 7.9 Severance: In the event a portion of this Contract is found by a court of cmnpelcnt jurisdiction to be invalid, the remaining provisions shall continue to be effective. unless ('lTV or ('ONTRACfOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (1) days after the finding by the court becomes final. 7.10 Applicable Law and Venue: This Contract shall be enforceable in Miami-Dade Count)'. florida. and if legal action is necessary h)' either party with respect to the cnforccment of' any or all of the terms 01' conditions herein exclusive venue for thc cnforcemcnt l1fsame shaU lie in Miami-Dade Count)'. Florida. Byenterin& inlo Ihi. Conlract, CONTRACTOR and CITV hereby expressly waive any righls either ".rly may have 10 • trial by jury or any clvillitigallon relal.d 10, or .rlsing out or the Proje.t. CONTRACTOR shall SIJeeifirolly bind all Sub-Contrattors to .be provisions of tbis Contract. 7.11 Enforcement Costs: lfany legat action or other proceeding is brought for the entilreement of this Contract. or because of an alleged dispute, breach. default or misrepresentation in connection with any provisions of this Contract. the prevailing party or parties shall be entitled to recover reasonahle altllmcy's tl.'es. expenses and court COSIS. including appellate fees incurred in that action or proceeding. in addition to any other relief to which such part)' or parties may be entitl~d. 7.12 Amendments: No modification. amendment. or alteration in the terms or conditions contained herein shall be eftective unless contained in a written document prepared with thc same or similar formality as this Contract Rnd executed br the CITV and CONTRACTOR, 7.13 Prior Contraces: This document incorpomtcs and includes all prior negotiations. correspondence. conversations. Contrdcts. and understandings applicable to the matters contained herein and the parties agree that there arc no cOlllmitments. Contracts or understandings concerning the subject mattcr of this Contract that are not contained in this document. Accordingly. the parties a.gree that no deviation from the terms hereof shall be predicated upon any prior repreHcnlnlions or Cuntracts. whelher oral ur written. It is further agreed that no modification. amendment or alteration in the terms or conditions contained herein shall be effective unless sct fm1h in writing in accordance with Section 6.11 above .. Construction Contract Form 106 (9/2016) Office of Procurement Management Page 7 of 12 7,14 Future Liligation: ('Olllraclor certifies that il shall notify the Cily wilhin five I;) days of the receipt of any claims, lawsuits. or actions liIed ~,g8inst ('Ol1lracror relating to any construction projcclS. work. or tasks either pcrfomlcd h)' rontruclor or to be perfomled by Contractor. 7.15 Ind!;mnificalion: Subject to the limhulions of Section 768.28 Florida Statutes. Contractor shall prolect. defend. indemnify. and hold harmless the CITV illld its officials. otTlCcrs, members. agents. representatives and employees from any and all claims. liabililies. expenses. or damages of any nature, including allOnlcy fces, for injury to or death of any person. and for injury to .Uly propen)' arising out of or in any way conncclcd with the perfonnance or non-pertormance of any provision of this /\grcemcnt required of the ('onlraclor. by or on behalf of the Contractor. or resulting from any violatilln by the Contractor or its employees of any statute law. ordinance. regulation or other legal rctluircmcnt penaining to a sate place of employment ("r workers. minimum hours and wages. and fair employment practices. However. nothing herein shall be deemed 1(1 indemnify CITY IOor any liability or claim arising solely out of the negligent performance of CITY. The City does hereby agree to indemnify and hold harmless Contmclor, from any and all personal injury or property damage claims. liabilities. losses. and Causes of action which may arise solely as a result of City's performance of this Agreement. This agreement is subject to the provisions of Section 768.28 Florida Stututcs. such Ihat the City shall not be held liahle to pay n personal injury or property damage claim or judgment by anyone person which exceeds the sum of $200,000. or Etny claim or judgmcnls or portions thereof, which. when totaled with all other occurrence. exceeds the SUol of S.300.000 from an)' and all personal injury or pnlpct1y damage claims. liahilities losses and cnuscs of action which may arise solely as • resuh of the porfom,.nce of this Agreemem, However, nOlhing herein shall be deemed 10 indemnify Contnu;tor from BIlY liabilily or claim arising out of lhe negligent perlormance or failure of performance of ('ontractor or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunit),. One percent (I %) of the contract amount shall represent the considerati()Il to be provided lor Ihis indemnification. 7.16 Insurance: All insurance requirements must be mct and evidenced to the Cily belorc delivery of goods and perfonnance of services. The City reserves the right btu not the ohligati()n to revise any insurance requirement, or reject any insurance covC'ntgc which rail to meet the criteria sttlted herein at any tillle. The City rcserv4::li the right to require Contractor/V4::ndor to provide and pay tor any other insurance coverage the City deems necessary. depending upon the possible exposure to liability or loss. These insurance requirements shall nol limit the liability of the Contractor/Vendor. The (,it)1 dues not represent these types or amounts or insurance 10 be sufficient or adequate to protect the Contractor/Vendor's interests or IinbUitics. hut arc merely minimums. Construction Contract Form 106 (9/2016) Office of Procurement Management I'age 8 of 12 \\'orkers' Comptnsfttion: Coverage is to apply for all persons fulfilling this contract for statutory limits in compliance with the law of the Stale of Florida and uny applicable federal laws, The policy must include Employer' Liability with n limit ol'SI ,000,000 each accident, S 1,000,000 each clIlplo),'ce, $1,000,000 policy limit for disease, The City will not ucccflt certificates of exemption, ('oufinnation that Workers COlnl)cnsation is provided for all persons Ilalfilling this contnlct, whether employed. contracted, tcrnpol'3ry or subcontracted is required. Commercial General Liability: Occurrence Form Required. Contractor shalt maintain commercial generalliabilily (CGL) insurance with limits of not less than: • $5,000,000 each occurrence for bodily injury and propcl1y damage • $5,000,000 general aggregntc (must aflply Pl:f Project) • $5,000.000 products completed operations aggregate • S I ,000,000 personal & advertising injury No exclusion shall apply to: premises. independent contractors. contractual liability. or property damage resulting from explosion. collapse or underground (XCU) exposures, Commercial Automobile Liability: Contractor shall maintain aUll_mobile liability insllmnce with a limit of not less than $2,000,000 cach occurrence for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto fulfilling duties under this agreement (including owned, hired. and non-owned aut05), The policy shall provide contractual liability coverage. Professional Uabilily/Malpra('.tieel.:rrors or Omissions: Licensed design·build professional work such a.s that provided by architects. engineers. elc, shall maintain professional liability or malpractice or errors or omissions insurance with limits ofS2.000.000 per occurrence, If claims· made the retro date shall be prior or equal to the effective date of lilly contract with the City. The coverage shall be renewed or include a .. tail" or Discovery. or continuous renewal of coverage for a period of3 yeaTS following the completion orthe prqjccl. l~ollutioniEnvironmentallmplllrmfnt liability Covfrage: l)ollution/cllvironmental il1lpainncnt Liability insurance is to be purchased to cover pollution and/or environmental impainnent which mn)' arise from this ngreement or contract. Coverage will be provided for to nOll-owned disposal sites utilizcd for this project. The recommended minimum coverage is $5.000,000. The coverage period slmll be eXlended beyond the date oflhe completed project. until the e:><piralion date of the perfonnance bond. If claims·lI1ade the retro date shall be prior or equal to the effective date of any contract with the County. The coverage shall include a "tail" or Discovery, or continuous renewal of coverage lor a period of J years following the completion of the project. lImbrtlla or I:xcess l.iability immrancc cal\ he utilized to provide the required limits. Coverage shall be "following Ibrm" and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additionalillsurcd status, Special Requirements: Certificate of In sum nee slmll confirm in writing that all applicable provisions arply. Construction Contract Form 106 (9/2016) Office of Procurement Management I'age 9 or 12 Evidenc.oflnsuran¢e, A copy ofth. ContractorlY.ndor's current certifi.ate of insurance MUST be provided with the respons. to this bid. A formal .ertificate shail be providedupiJn announc.ment that a Contractor has been awarded the work. The Certific~te(s) shail be signed by a pcrson authorized by that Insurer to bind coverage on its behalf. Ail Certificates of Insurance mus, be. on file with and approved by the City before commencement,ofany work activities'. The formal insurance certificate sll3ll also comply with the foilowing; Addltional,lnsured: "City of Miami Oardens and its Elected Officials, Agents, Representatives, Employees, and Volunteers" shall be named os ail "Additionallnsured tl on ail policies except Worker's Compensation and Professional Liability. Additional Insured coverage shall be provided with the foilowing ISO forms or similar policy provisions p,roviding equal to or broader than coverage: One ofthe following forms odts equivalent; . CO 2Q2~ (Additionlillnsured"Designated Person or Organization) OR C02010 (Additional Insured·OwneroLess •• s Contractors) OR CO 2038 (Additionalln~ured·Automatic Status). AND, if products.or completed operaiionse.po.ur.: CO 2037 (Additionallnsured·Completed Operations). The ContractorlVendor is required 10 conlinue,to purchase products and completed opemtions coverage to satisfy this -agr:eement for a minimum of three years' beyond_ completion of the wOlk Notification; The policy shall provide a lO·day notification c1a"se in the event of cancellation, n~n.renewal, material modification; or any other lapse in coverage orlhe policy. In the event the insurance policy does not provide such notification, Contractor shall provide notification to the City. In the. event-the insurance coverage .expires prior to. the completion orlhe project, a renewal certificate shall be delivered to the City 10 days priorto sRid "'piration date. Primary & Non Contributory This In~urance shall ~e considered primary to any olher insurance. Coverage shall be provided with the following ISO form or similar policy provision providing equal to or broader lhan coverage: CO 200 I (Primary an~ Nonconlributory -Other Insurance Condition). Waiver.orSubrogalion All of Contractor's insurance policies. except Professional Liability, will waive rights of . recovery against the Cily. Coverage shall be provided with the following COL ISO form or similar policy provision providing~equal to or broader than coverage; CO 2404 (Waiver of Transfer of Rights of Recovery Against Others to Us). Subeoniractors' Complian('e: It is the responsibility of the contractor 10 insure that all subcontractors comply with all insurance requirements. Construction Contract Form 106 (9/2016) Office of Procurement Management Page 10 of 12 Financial Stabilit}'! The policies of insumnce shall he wrillen on forms acceptable to the City and placed wilh in$urullcc carriers authorized by the Illsuran~c Department in the State ofFloriua. All hlSllnmcc ~arricrs must meet a minjmum linaneial AM Best company rating of no less than: ··A· Excellent: FSC VII. City reserved the right but not the obligatiun to reject any insurer providing coverage due to-pOOl' or deteriorating financial condition. 7.17 Florida I)ublic Rc~ords Act: All material submitted regarding Ihis bid becomes the property of lhe City. Bids may he reviewed by any person tcn (10) days after the public opening. Bidders should take special nole of Ihis as it relates to any proprietary informalion that miglll be includcd in their ofTer. Any resulting ~ontract may be reviewed by any person aller the contract has been executed by the City. The City has the rigllt to use any or all informationftnaterial submitted in response to this bid andillr an)' resulting contract from same. [)isqualification or a bidder docs 110t eliminate this right. To the extent required by law. Contractor shall comply with the public records· laws in accordance with Chapter 119. Florida Statutcs. Specifically. Contractor agrees to comply with Section 119.0701. Florida Statutes. Public records shall mcan all documents. papers. letters. maps. books. tapes. photographs, films, sound recordings. data processing software, or other material. regardless of the physical form, chamclcristics. or means of transmi~sion. made or received pursuant to law or ordinance or ill connection with the transaction afofticial business by any agency. as detincd in Seclion 119.011. Florida Statutes. as amended. The City shall make the sole determination of which rccords.lfany. arc exempt from inspection. Further. as pursuant to Section 119.0701. Florida Statutes, Contractor agrees to maintain the records until the completion of the contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING TilE APPLICATION OF CHAPTER 119, FLORIDA STATUTt:S, TO TilE CONTRACTOR'S DUTY TO PROVIDE PUR\.IC RECORDS RELATING TO TillS CONTRACT. CONTACT TilE CUSTODIAN OF PUBLIC RECORDS AT 18605 Northwest 27th Avenue, Miami Gardens. Florida 33056. Construction Contract Form 106 (9/2016) Office of Procurement Management Page II of 12 IN WITNESS WHEREOF.lhe Parties have caLlsedlhis Agl'ee01enl 1o be eXeCLlled as follows: WITNESSES Daled: Construction Contract Form 106 (9/2016) Office of Procurement Management CONTRACTOR: By: 12,vt-v G ,( Seal: CITY Page 12 ofll ITEM NO; ! 1 ;! Cily of Miami Gardens Solicitation No.ITB 15-16-039(A) . Addendum No.2 November 14.2016 Office ofProcuccment Management 18605 NW 27" Avenue Miami Gardens. FL 33056 NAME Ot' COMPANY: __ t\L.1e-1::s .. =..J .. urOcJd._· ~C",,·~ .!?(!f.,,-";~:::-. s-e-~.~S=S==·~I!-=J~CC>...!.~~ __ _ EXIIIBIT 1-BID SIIE.:T ALL LINE ITEMS MUST BE (:OMPLETED AND MUST REFLECT BALANCED BID AMOUNTS. FAILURE TO COMPLETE TIUSBID SIIEE'r AS REQUESTED WILL RESULT IN BID REJECTION. FaUure to Use tbe City's-prieing sheet Dage and proyide rOIlS as· requested in this· lTD sh@lIdeem your pronoso'l ,pon-r,snonsiYe. ',Coo:,r.""',,,ill ~be 8iyarded:to resDonsivso,' responslble-vendons). See Sestion "2.3 Metliod of AWard" fonwArd crllerla. IiNITOF ESnMATED TOTAL PillCI'; DESCI!.IPTION MEASURE ANNUAL IJNIT PRICE (ESTIMATED ANNUt!.!. (Price per UOM) 2UANITIT~XUNIT (UOM) QUANITITY PBICE=TOTAljPiU~1I Furnish ali. miiterlals, I~bor ~ equlpmenll. Removelob. !l!w- SI!!& JUDla£! 4"thl¢k3000 PSI min. un·i-tinforted .idewalk .& Sq, Yd. 46.000 S 55.6-0 s /1 ~3::S1ca:>.o", compa.1 ba.e 95% ·inin. , (in.lu .... resl.oratlon-clean fill to avoid gaps) dainaged sod repillted'a' Contrat'to_rts expe"se Furnish· all materials, labor & equipm.nt tp Rsmove tob£ e- cYI& Reulas£!" Ihick JOOOi'$1 min; un-reinror«d sidewMk & Sq. Yd. 16,000 S Lj2.i~ $ 08 YpCO''Itl ""mpact has. 95% inin. (includes·rosloration-<lean ·111110 avoid gaps) damaged sod repla.ed at CO.lltractor'se~D.ns. Furnish 1111. materials, labor & oquipinent Inslall !'lew 4" Ihiok 3000 PSI min • un.;rein'roreed • idewalk & eompa.1 base 95% mi·n. (include. clearing & Sq. Yd, 18,000 $ ::SSO $ 031 ()()j)·Po grubbing, removal & disposal of i dirt, gr:;lSS ete. & res,oralion at Con'rador's exp:~nse) damagt-d sod replaced a. Contrador's o.p~ns" Page 6 of 13 ITEM NO. :!. ~ Ii 1 Solicitation No. ITO 15-16-o.39(A) Addendum No.2 November 14.20.16 .~CJ!itll:YJ:01f~M!iia!!!m!1iLlGJ.la!!Jrd!!lc!Iln~s ---------------~--noii1mi1.,c;;;e-;;ofProcurement Management 1860.5 NW 27" A venllc DESCRIPTION Furnl.h all materials, .Iabol' & equipment Install New. 6" thick 3000 PSI min. un-reinfo.,c.d sidewalk & compoct ba.e9S% min. (includes c1e.ring 8< grubbing, rcrnovallk diSpo.a' of dirt, gra'5s etc. & restor'ti~n at Contr'oetor's -expense) damaged Sod rep'a .. d at Cantnd'orts expl.'ns~ Furnish, Compact, Ik. 'nstall Lime Rock to min. 95% comp •• tlon to avoid settling. When e'evation IS too law. Fill any gaps bet\Veen new sidewalk installation and existing elevalion. Delivery U.cket mu,l b. nro.vJdl.'« for narinenl Furllishall lIIal.rlal., labor & eql,lipment to Remove & RlOlat'S cone'ret! 1J:Oc, "D" {lgrb including drop curb, Iroinsltl.ons, & reconstruction of ba.e (inolude. ele.ring, grubbing, & fill, sod to replacedamag.d grass, removal & disposal of existing curb, dirt, grass etc. & resto'ration at Cont·rador's expense). Furnish all mater_als, labor & equipment to Install . New concrete Txe e "D" .Cu[b ineludlng drop eurb, Iransilion., & ronstrlletion of base (includes el •• ring, grubbing. & lill, sod to repla .. damagl.'« grass, removal & disposal of dirt, gr ... etc. & restoration at Contrador's expense) including m. Damagl.'« sod replaced at t'O!nt'ractor's expense • . . UNIT OF ESTIMATED MEASURE ANNUAL (UOM) Sq. Yd. Cubic Yd. Linear Ft. Linea r n. QlIANITIl'Y 10,000 200 ~ ~ Page7of13 Bid Sheet 2 of 7 S S $ $ Miami Gardens. FL 330.56 TOTAL. PRICE UNIT PRICE !ESTIMATED ANNUAL (Prlc. Iler UOM) QUANITIIY X UNIT I!!lICE ~ TOTAL PRICE Lj'4.'15 S Lj21 b"W·oo , '-'. 12.00 $ 21 yoo oo 18.w S 9', r::f:X)'.<U /8, DO $ 1 oro· 00 ITIlM NO. 2 !!! !! DESCRIPTION Furnish all malerials, labor '" equipment to Remov. '" Repla •• rone'rete Type "Fit Curb Including drol' .urb, transilions, & reronstruotlon of bas. (ilirl~des .Iearing, grubbing, & lin. SOd to repla.. dal1illged gr.ss, removal & disposal of exi~tiJig .tprb, dirt, grass. etc. " restor~tion at Cont,rac:tor's eX\lense). Furnish all materials, labor & equipment to Install New cOl\treSe 'Type uF~ Curb intlu~i~g droP'curb, t~ansltio~s, & constr •• Uon of ba .. (in.ludes • Ie.ring, grubbing, & fill, sod to repl.ce damaged gra", removal & disposal of •• i.tinge.rb, dirt, gr._a_~ ete. & res~oration at Contractor's ~X:Dense\. F~mi.h all maieriol., labor & equipment to Remove" IWlla •• con('~ete_ ,UValleY"giltter" inrludlng drop' curb; -transitions, & recoijstruc:t.ion of base (inclUdes clearing, grubbing, & fill, sod 10 repiaee damaged grass, removal & disposal of existing tu_rb, d.irt, grass e(c. & r~stor8tiQin at Contractor's exnense. F~rnlsh all materials, labor & equipment to In'lall New concrete uVnlley.gutter" including drop curb, transitions, & reconstruction of base (include. clearing, grubbing. & fill, sod 10 replace damaged grass, removal & disposal of dirt, . grass elc. & resloration al Contractor's expense. lINI1'OF MEASURE (UOM) Une.r Fl. Une.r Fl . Linear Fl. Linear Ft. ESTIMATED ANNUAl. QlIANI'fIT\' P~ge 801 13 Bid Sheet 3 of 7 Solicitation No.ITB IS·16·039(A) Addendum No.2 November 14,2016 UNITPRICE (Price per LlOM) $. __ \_9.:...._0 .:;...0 - $. _..;.I.1_'1!....· o:..:o~_ $ IC!. ~ . __ -'-1......:..- TOTAL PRICE (ESTIMATED ANNUAl. QUANITITY X UNIT PRICE .,TOTAL PRICE $. __ 9....:,_.!:;;,-w~ .. _ ....... ''=''o~' \ ClOO.co $'-....:..tl--'-I_~- $ $ ITEM NO. . .11 DESCRIPTION Right-of.Way Survey (10 cslablish properly lin •• ), IINITOF MEASURE (110M) ESTIMATED ANNUAL QllANITITY Solicitation No. ITB 15·16·039(A) Addendum No.2 November 14.2016 Mamigement 18605 NW Avenue Miami Gardens. FL 33056 UNIT PRICE (Price per UOM) $'_2:::0~,5:::::·>b..=:·· ,~ TOTAL PRICE (ESTIMATED ANNUAL OUANITITYXUNIT PRICE -TOTAL PRICE $ q\ooo. ~o • Tree Removal . l J !lla.@brea..E•ch _4$, __ -,-1,=.0--,0_,_0_0_ $'~ __ -'..:l.--,0=-O_ .. ·_·_o __ o 0" t(J S" -- hgl, 4.5' .bov., I ------1----+-----i---------t-----------j g",d. Cont. r- (in('I~ .. e:s 8" to 18" re.,oI1lUon -Eli.h s,_--==2:..:o~.o~· ..=",..=0_ $.~_B"",·:..,.C_ .. o ., .""," 9> ...... e1e.ring & \--.:----1------+-----+----------1----------'1 grubbing, re~val or 18"'1030" debris, exn~a~ion & b.ckOmng) da",aged sad replaced al 30"+ Contractor's e.nens •• Li •• Oak Fla. #1 10'"12' o •• ral1 belghl (inelude. r.slor.lion • e1 .. ring& grubbing, renlo.v.1 of d.bri., •••••• lion& b •• kOlling). D.m.ged gr... to be repl •• ed with' sod al Conlr •• tor's exnense. Mahogany Fla. #110'·12' overall hclghl (Inelude.r •• loraUon • e1 •• rlng& grubbing. removal of debris, •••• vallon & b.ckftlling). J>amaged. gr •• s to b .... pl •• ed wilh sod al Contractor's ."D.ense Crape Myrtl. Fl •• #1 10'·12' ovor.11 height (InClude' restoration -clearing & grubbing. remov,QI of debris, •••.••• lion & b.ckOIli~g). Daniagod grass 10 b. repla.ed with sod at Contraclor's expense. E.ch Each E •• h ~: •• h Each ! ! ! Page 90113 Bid. Sbeet 4 of 7 $ $._.......:10=-.<0;...0_ .. _01:)_ $'_..:;:~-=O:..::::D..:... ";..::::.0_ $,_---'0""0::::. .. 0.=.,,_, "'_.0_, $'_-.l0~ro~._IlO_ G~)c>.·<b $._---- ITEM NO. 17 DESCRIPTION Curb Cuts (ihcludes res\oralion). Furnish all materials. labor & ""uipment 10 Relo.at. Ch.in I.lnk Fence (intlud~s re,lorallon).Dainaged grass. to be . -repJ~ce(1 wi_th sod at Contrildar's cxneose. 'Furnish .11 m~t.ri.I'., labor & equlpmehl to Inslall: Ne" 4' 'Cb'gin Link-FenCe;_ jlisQ,OlRI '" 'of exbd'rtg . fen.e (11I.ludes reStoralionjd"maged grass to be repla .. d wlih Sod at C_ontr._dor's:exnense. FU~~I.~ all niaterials, labor & equipment-to construct !&: Type III Asphaltic. Concrete surra.elncluding, Tack· Coat to repair existing driv~way approaches. Damaged ar ••• during installation repl.ced .1 Colitredor's'e:Koense. Fur~ish.1I materials, labor & ~qulp",enl to pl... Del •• table Warning Surf ... for. pMeslri.n .ro.~ingsJca.t.ln,plae. tvnelV.ellow. Furn.ISh all materials, labor & equipment to Relocate PVC Lines -2" diameter. Fur~l.h all materials, lallor & ~qulpmimt to Install new PVC Lin •• Seb. 40. Furnish 1111 .. aterial •• labor & equlpmenl to Instan new Irrigation lIe.ds (4" pop-up bead w/ma. IS' snrRV radlusi. Furnish all materials, labor & equipment 10 Relo.a"Jre.et existing Signs. UN.lTOF MEASlIRE (UOM) E.ch Uncar Fl. Un •• r n Sq. Ft. Sq. Ft. Unear Ft. Un.ar ~·I. Ea.h Each ESTIMATED ANNUAl. QUANITITY Page10o'13 Bid Sheet 5 of 7 Solicitation No.ITB 15·16·039(A) Addendum No.2 November 14,2016 Management 18605 NW 27'" Avenue Miami Gardens. FL 33056 $ UNrrpRICE (I'rlc. per 1I0M) $,_...,.1.:/6"'·'-..·..:."'.::.0 __ $._....:2::.0_._0:.,0;::...-_ $ 25.c.o . '--=--":"::'-- $ /D. "'0 '--=..:;-'--=----- $,_.-:./.:::;0:..:. . ....:0:l:b~_ $,_....l(,~O:::.:.~0::>20'--_ $ /00.00 .-.:.......--- TOTAl. PRICE (ESTIMATED ANNUAl. OUANIIITVX.UNIT PRICE = TOTAl. PRICE $ I,oc>o.<>o $. _-'-'-I-' a:m=::. ,=,. ,--' .:.,0'0::::. -. $, _---.::'2=-CO:::; .. ::::.' • ..:.,' o:.::o~ $,_.......:!;:,:.::O~O:::...· -.:' "=-Zi $ ITEM NO. 1§ II 28 ~ ~ 31 City of Miami Gardens liN IT OF ESTIMATED DESCRIPTION MEAS(JRE ANNlJAL (UOM) QUANI1Tf\' Furnish all materials, labor & equipment 10 Rois. uilllU .. AC'tess (includes sewer rleanouts, Each 50 water meters, manholes, water villuesl.· Furnish and in".11 concrete water meter boxes 10 repla .. Ench 20 existing broken boxes In sid.walk s.labs being replac.d • . Furnish aU mal.ri.ls, labor & .qulpm~nl to Pressure ol.ail Sq. Fl. 500 Briok P.vers & rover Blooks. Furnish aU materiQls, I~bor &: equlpm.nt to Pr.ssure .... n 500 Concrete Sidewalks. Sq.n Furnish all malerlals, labor & equipment 10 Ins'.U St. Augustine "Flora~aft1" or Bahia sod on areas authorized by Cily. (Inolud.s grading, clearhlg, Sq. Ft. 4,000 grubbing & <lisl'o •• 1 of material) This ilem i. !l!!! for Damaged areas during InslaUaUon by Contractor. . 12" Root Bio Barrier Linear ~,!. ~ ES'l'IMATEDANNUAL TOTAL LINE ITEMS NO. 1-31 BID PRICE ISUMOFTOTAL PR.ICE) $ $ $ $ $ $ $ Solicitation No. ITO 15·16·039(A) Addend~m No.2 November 14, 2016 OOice ,ofProcurcment Management 18605 NW 27'" Avenue Miami Gardens, FL 33056 TOTAL PRICE llNI1" PRICE (ESTIMATEDANNlIAL (Prl.e per llOM) QUANITITY X UNIT PRICE -TOTALI'SICE , 180'.0 $ s: {)::xj .. Qo 200'°0 s Lj ,<::oc:l' 00 )."0 $ i:5()(). 00 /. 00 $ bOO. "0 0.80 $ ~ 2.00 0 0 Lf3. 00 $ ~rPOO'!lO 3,5/w, 0.":)0. 00 The above proposal. and each linc item includes tholol.! cosllo complele Ihe Work detailed for each item including but not limited to materials (te. vegelation, concrete, asphalt. etc.). labor, equipmenl. bonds. ete. indi.caled in the drawings, specifications. addenda, and any other contracl document •. Delivery MUST be FOB deslination; fr<;ight included nnd shnll bo inclusive of all costs. Current andlor anticipated npplicable fuel costs should be considor<;dand included in Ihebid. Pagellof13 Bid Sheet 6 of 7 Solicitalion No.ITB 15·16·039(A) Addendum No.2 November 14,2016 Management 18605 NW 27'hAvenlle Miami Gardens, FL 33Q56 Be sure to have the Invitation for Bid signed by an authorized representative "fyolI,Orm 0' your bid will not be ~onsidel'ed responsive. BID SUBMITTED BY: f\ek (Q €X¥.-;€"SS,l..n.:... Company Name .i)Q,\.;,.o A. \(-a~? Proposer Representative Name De>-~.(~~ Signatll'. Page 12 of 13 Bid Sheet 7 of 7 CONTRACT FOR SIDEWALK REPLACEMENT & INSTALLATION ATTACHMENT C INSURANCE & INDEMNIFICATION Thomas F. Pepe -01-11-16 Page 7 of7 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use reSUlting there from; (I) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the ''Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy. without restrictive endorsements. as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products andlor Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (I) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimln'" limits of coverage equal to those required for Bodily Injury liability and Property Damage liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts; The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builde"' Risk), IF APPLICABLE; A In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures. including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous; A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation. change. or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. e. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All poliCies shall contain a Hseverability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY. as well as the insurance binder. if one is issued, the insurance policy. including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few. then in such event and in addition to the above requirements. the FIRM shall also provide Professional liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional liability Insurance, in the amount and under the terms specified above. which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole. absolute and unfettered discretion. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages. claims, liability, losses, claims, demands, suits. fines, judgments or cost and expenses. including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation. arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission. misconduct, or any gross negligence. intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers. directors, agents, representatives. employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims. losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY andlor its affected officers, affiliates, employees, successors and assigns, including their attorney's fees. in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub- Contractor or any of their agents. representatives. employees. or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor. its contractor/subcontractor or any of their agents. representatives, employees, or assigns. or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing. approving or rejecting any submissions or acts of the Contractor. CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor. its contractor/subcontractor or any of their agents. representatives. employees, or assigns. or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. ,. "0\'~"", 'I",' " RESOLUTION NO. 2017-28-313:3 A RESOLUTION OF THECITYCQUNCIL OF THE CITY Of MIAMI GARDENS, FLORIDA, AWARDING A BID TO METRO EXPRESS, INC .• , FOR SIDEWALK REPLACEMENT & INSTALLATION; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASES ORDERS ON AN AS NEEDED BASIS NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR TH:£: ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 17, 2()16, ITB No. 15-16-Q39(A) Was solicited via BidSyncfor sidewalk replacement and installation,and WHEREAS, the ITB closed on Novernber28, 2016 and three (3) bids were received and pUblicly read at that time, and WHEREAS, City Staff evaluate<! the oids for compliance with the specifications, and. Metro Express, Inc., (the lowest bidder), and Providian Construction Group were deemed responsible and responsiVe to the requirements of the ITB, and WHEREAS, Pioneer Construction Management Services, Inc., fililed to submit mandatory documents .and was deemed non-responsiVe to the requirements in the Invitation.toBid, and WHEREAS, Metro Express, Inc., has providegsetvices for the City in the past and their performance was deemed favorable by the Using Department, and WHEREAS, Staff recommends the City Council award ITB No. t5-16-Q39(A), Sidewa.lk Replacement & Installation to Metro Express, Inc., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The fOregoing Whereas paragraphs are hereby ~tified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Resolution No. 2017-28-3133 Section 2: AUTHORIZATION: The City C.ouncil of the City of Miami Gardells hereby awards a bid to Metro Express, InC., for Sidewalk Repiacements&lnstaUation, and authorizes th~ City Manager to issue purchase orders on an as needed basis not to exceed the allocated budgeted amount. Section 3: EFFECTIVE DATE: This ResolutiQIJ shall take effect immedia~ly upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON &4 ... "" ... 1 .r ,2017. @ OUVERGILBERT, III, MAYOR ATTEST: PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: .,jH~·"8:e4I!f!kl>1l· ___ _ $e",""" b~ 'PAvis VOTE: .:z"'Q Mayor Oliver Gilbert, III Viee Mayor Erhabor Ighodaro,. Ph.D .. Councilwoman Lisa C. Davis Councnman Rodney Harris CQunci/woman Lillie Q. Odom Councilwoman FeliCia Robinson Councilman David Williams Jr l-(yes) .L(yes) .t (Yes) -;7 (Yes) IT (Yes) -r (Yes) II (Yes) 2 _(No) _(No) _(No) _(No) _(No) _(NO) _(No) MIAMI DAILY BUSINESS REVIEW Published Da~y except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the undersigned authority personally appeared JOHANA OliVA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of Ihe Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matteraf NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-FEB. 20, 2018 in the XXXX Court, was pUblished in said newspaper in the issues of 02109/2018 Affiant further says that the said Miami Da"rly Business Review is a newspaper published at Miami, ·In said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County. Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. CiTY 01" SCI1IJ'lI'1HI Ii'IIilAlllili b\!l@TiCIlil 01" lJOiJll!!Il!.il(;; i'il!i:.li.liilifil!l@ NOTICE IS HEREBY given that the City Commission of th.e City of ?O~th Miami, Florida will conduct Public Hearing(s) at its,regul~r 9ty Commission meeting scheduled forTuesday, February 20, 2018, begmnlng at 7:00 p.m., in the City Commission Chambers, 6~ 30 Sunset Drive, to consider the following item(s): A Resplution authorizing the City Manager to ente~ ~nto a multi-ye.ar renewal agreement with Icon Enterprises, Inc., d/b/a ~lvlcPlus for w~b~lte support, maintenance and hosting services and a llV-year subscription for AudidEye. ( A .Resolution authorizing the City:Managar .to enter in.to mu'lti-year agreemen~ . with Metro Express, Inc.,' by piggybacking onto Its agreement with the City of Miami Gard ens. An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code permitting Outdoor Seating/Dining on all commercial properties that are within the Hometowri District Overlay Zone (HD). An Ordinance amending the City's, .Land Development COde, Section 20-3.3(D) and Section 20-7.12(A) and Section 20-3.4(8), regarding restaurant uses •. An Ordinance amending Section 20-2.3 (definitions) as well as Sections 20-3.1(8) and 20-3.3(0) (relating to. the purpose statement and uses permitted for the Parks and Recreation zoning district) of the City's Land Development Code. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at; 305-663-6340. Maria M. Menendez, CMC ,City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to apPElal any decision mad!, by this Board, Agency or Commisston with respect to any matter considered at its meeting or I hearing, he or she will need a record of th"e proceedings, and that for SUCh! purpose, affected person may need to ensure that a verbatim record of the I proceedings is made which record includes the testimony and evidence upon which the appeal is to, be based. 2/9 18-43/0000295671 M 22SE I I NEIGHBORS I SUNDAY FEBRUARY 112018 MIAMIHERAlD.COM Www.Chinesenewyea.rfestivalm.iami.Org.. ~ Chinese Cultural Foundation ~ tp rIl "f.:f." k~ y,0,:\:h:O'9 Chinese New Year Festival Sunday, February 18,2018·11:00 am to 6:00 pm ExQtic Asian Food. Art and Crafts + Cultural Shows FEATtJRIN(l, ~ .. S;"<)~lit .. AcrQb~I' .. ,".\Sur;,. T~ik~ D",ms of Di.n"1. Epoat • CASEC O.nc,,~ " E ~ .e £ eLien "od Or"q"~ O~"<-<' .. M~ngcJjnn Conl<)I1.'O<I •• 1 • I.ily O~n~" Club .. Ji"~!u c~~ S<>P'~"<' • S~ul of Shaolin A~~<le,,,y OJ AcnV!TII':S" .. Ch,ldren'. PI~ygmu"d '" il c iii • RQ~I; Climbin9 • 6,,""e~ H~u.~ + Chut<> Slide Chinese Cultural Association Organization of Ch.inE'S,," Americans (I) S~o .. Timn, 12:30 & S:30 pm .s::: Inl<>nna'i<>n: 30s.<.;~G-O~S1 t-DQ~.: 129,) ~3J_l~GS. 2r~·713r A~ult: $10.00 • Chlld<en _ .. r 12: S~.OO Chl14ron 5 3. ~n<l~" FREE I Miami Dad.:. 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