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HomeMy Public PortalAbout20-9805 Sidewalk Repairs from Alibaba Ave to NW 151, Perviz Avenue to 27th AvenueSponsored by: City Manager RESOLUTION NO. 20-9805 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK THE TOWN OF MIAMI LAKES CONTRACT NO. 2018-40 WITH FLORIDA SIDEWALK SOLUTIONS, LLC. FOR QUALIFIED PROFESSIONAL SERVICES TO PERFORM SIDEWALK REPAIRS TO THE AREA OF ALI-BABA AVENUE TO NW 151 STREET AND PERVIZ AVENUE TO NW 27TH AVENUE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, a recent sidewalk evaluation survey conducted in the area from Ali Baba Avenue to NW 151st Street and Perviz Avenue to NW 27th Avenue (attached as exhibit "A") revealed the immediate need to repair deteriorating sidewalk conditions; and WHEREAS, the City of Opa-Locka ("City") desires to perform sidewalk repairs to the area of Ali -Baba Avenue to NW 151 Street and Perviz Avenue to NW 27th Avenue; and WHEREAS, on October 3, 2018, the Town of Miami Lakes awarded contract 2018-40 to Florida Sidewalk Solutions, LLC. to inspect and repair sidewalk trip hazards in order to maintain the quality of the Towri s sidewalks, pursuant to its Invitation to Bid No. ITB-2018-40 (attached hereto as Exhibit "B"), for a three-year period with the option to exercise up to two options to renew the contract for additional one (1) year periods each; and WHEREAS, this current proposed project with Contractor, attached hereto as Exhibit "C", will allow for the repair of 1,373 linear feet of deteriorated sidewalk in the proposed area; and WHEREAS, pursuant to Section 2-318(3) of the City's Purchasing Code (as approved by Ordinance 2020-07) the City may purchase and acquire under contracts with the federal government, the State of Florida or its political subdivisions and also municipal co-operative purchasing organizations and programs and when the City Manager has determined that the prices of the original contract are competitive and reasonable; and WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback the Town of Miami Lakes contract with Florida Sidewalk Solutions, LLC. to inspect and repair sidewalk trip hazards in order to benefit from already negotiated rates and enter into an Agreement, as attached hereto as Exhibit "D", to perform sidewalk repairs in the area from Ali Baba Avenue to NW 151st Street and Perviz Resolution No. 20-9805 Avenue to NW 27th Avenue, in an amount not to exceed Twenty Four Thousand Eight Hundred Ninety Three Dollars and Four Cents ($24,893.04). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka, Florida hereby authorizes the City Manager to piggyback the Town of Miami Lakes contract 2018-40 with Florida Sidewalk Solutions, LLC. to inspect and repair sidewalk trip hazards and enter into an Agreement to perform sidewalk repairs in the area from Ali Baba Avenue to NW 151st Street and Perviz Avenue to NW 27th Avenue, in an amount not to exceed Twenty Four Thousand Eight Hundred Ninety Three Dollars and Four Cents ($24,893.04). SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 23rd day of September 2020. ATTEST: a Flores, City Clerk 2 Matthew A. Pigatt, Mayor Resolution No. 20-9805 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: �Me ( / 4 F7-) Burnadette Norris- eeks, P.A. City Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER BURKE VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 3 City of Opa-locka Agenda Cover Memo Department Director: Airia Austin Department Director Signature: �1' o . City Manager: John E. Pate CM Signature: �/"G Commission Meeting Date: 09/23/2020 Item Type: (EnterXin box) Resolution rdinance Other g Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (EnterXin box) 1st Reading 2nd Reading x $24,893.04 Public Hearing: (EnterXin box) Yes No Yes No x x Funding Source: Account#: (Enter Fund & Dept) Ex: Advertising Requirement: (EnterXin box) Yes No x Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) x MI MI no MI • Cl Sponsor Name City Manager Department: City Manager Short Title: Sidewalk Repairs to the Area of Ali -Baba Avenue to NW 151 Street and Perviz Avenue to NW 27th Avenue. Staff Summary: A Resolution from the City Commission of the City of Opa-locka, Florida, authorizing the City Manager to piggy back an existing contract of the City of Miami Lakes for qualified contractors to perform sidewalk repairs. A recent sidewalk evaluation survey conducted in the area from Ali Baba Avenue to NW 151st Street and Perviz Avenue to NW 27th Avenue revealed the immediate need to repair 1,373 linear feet of deteriorated sidewalk. Financial Impact (FY 21) Account Description Available Project Remaining Balance 41-541340 Sidewalk Repair $196.000.00 $24,893.04 $171,106.96 Proposed Action: Staff recommends approval of this resolution to prevent from any risk or trip hazard. Attachment: 1. Agenda 2. Proposal from Florida Sidewalk Solutions, LLC (FSS) 3. Sidewalk Improvement Evaluation Survey 4. Piggyback existing Award and contract price with the City of Miami Lakes 5. Propsed Opa-locka Contract with Florida Sidewalk Solutions, LLC for Sidewalk Repairs. l% \ 5'%rid'a sguEvuoliAZ hip lluvtl Removal Specarts City of Opa Locka Airia Austin 780 Fisherman Street Opa Locka, FL 33054 305-321-2595 aaustin(n@opalockafl.gov Location Finder: Date: Jul 21, 2020 SIDEWALK REPAIR PROJECT Total # of Trip Hazards Identified 206 Total Lineal Feet 1,373 Miles Surveyed 11.166 Contract Cost Per Inch Foot $28.50 Total Inch Feet (Concrete Removed) 873.44 Estimate Repair Cost $24,893.04 Florida Sidewalk Solutions 7051 SW 22nd Ct Davie, FL 33317 (954) 514-7218 Please find attached the property GIS (geographical information system) map pinpointing each trip hazard location. This map can be opened using "Google Earth" and used as a guide to locate each of the 206 proposed trip hazards. A list of trip hazards are listed below. To view GIS on Google Earth, click on link to download free ap: www.google.com/earth Beyond Our Scope (Removal and Replacements): Included in the list below are 47 sidewalks that are beyond our scope of work and in need of replacement - see red pinpoints on map. FSS does not replace sidewalks. Any area noted in our estimate for replacement are recommendations only and are the sole responsibility of the customer. Please feel free to contact me directly with any questions. Becky Navia Florida Sidewalk Solutions P: 305-607-4859 0: 954-514-7218 aFIondaSidewalkSolutions.corn Google Earth Interactive Map: Survey Sample ' NI! t.r.." r• re. • - , 1-- 1 -4,222- - 220 -i".•.2-1,7 .4-", au.- • ' , ' " 0 r '4'41-11/11PIR'226 231,4--22.1 ..,..-:-.721,5''• ''' -4.'0' .%`,, 11 -,.671''?"11 ".21 2-'-- ' 206' 6 ... 207,,09.416,7 7 --,21ii l'T,.. '24'3 2040 - ' -","`Y;•"1`1110, .,....7i, ,,f...-4w -,17,,8•,18,1 ,,- _,4_ ., 16 ,,,, t7- 1'71 Ale•-c7A' '.4470 61e'' , Ar 3 1334-- "L • -24 it A 83AZAZ) . • NP, it3 91711 42, jr _107 06r r .108 9612 .;•-te" , -t" \7., 6. ••••''‘008244 9,4-Olic .248 2.:36 • Detailed Sidewalk Repair List No. 3 4 Left Corner Lifted 1.25 0.50 0.00 0.50 Total to. Ft. 1373 Right Corner Lifted 1.00 0.50 0.00 0.00 Lineal Feet 15 6 Location 785 N Perviz Ave 695 Curtiss Dr 690 Curtiss Dr 580 N Perviz Ave Notes Fill hole. Perviz and Oriental blvd Perviz and Curtiss Total Inch Ft. 873.44 Buttons Inch Feet Replace 16.00 3.00 2.00 6 7 8 9 10 11 0.50 0.50 0.50 0.50 0.75 0.50 0.50 0.25 0.25 0.63 0.50 0.25 0.25 0.25 6 6 8 10 5209 Perviz Ave 700 Harem Ave 705 Sharar Ave 215 N Perviz Ave 215 N Perviz Ave 670 Dunad Ave 670 Dunad Ave Fill hole Fill hole 3.00 2.25 3.00 4.00 4.00 1.00 3.50 12 0.75 0.75 5 670 Dunad Ave - - 3.50 13 0.00 0.00 670 Dunad Ave;.? • 4•13 t t#s#,y -�': L�i`,�f Replace 14 0.75 0.00 5 125 Perviz Ave Fill chip 1.00 15 1.25 0.50 5 111 Perviz Ave ot., t- 4.00 16 0.75 1.00 12 103 N Perviz Ave 10.50 17 0.75 0.50 15 151 Perviz Ave 8.50 18 0.50 0.00 5 151 Perviz Ave 1.00 19 1.25 1.25 15 695 Caliph St Fill hole t . li .. 17.00 20 0.75 0.00 4 695 Caliph St Fill hole 1.00 21 0.75 0.00 5 695 Caliph St 1.00 22 0.50 0.00 5 2505 Perviz Ave 1.00 23 0.00 0.00 2605 Perviz Ave Replace .. i .,. 24 0.75 0.00 5 260 5 Perviz Ave 1.00 25 1.00 0.25 5 330 S Perviz Ave 3.00 26 1.50 0.75 7 687 Fisherman St 7.50 27 0.00 0.00 687 Fisherman St Replace 28 1.00 0.50 5 687 Fisherman 5t 3.50 29 0.00 0.00 687 Fisherman St t .z+ e• _.Y rf 7 Replace 30 0.75 0.00 6 687 Fisherman 5t Across corner store 2.25 31 0.75 0.25 5 685 Fisherman St Across 200 2.50 32 0.00 0.00 200 S Perviz Ave Fill hole am_ St � }A Cut Edge No charge 33 1.50 0.25 12 200 S Perviz Ave 10.50 34 0.00 0.00 151 Perviz Ave Replace 10.50 35 1.00 0.75 12 103 N Perviz Ave 36 0.50 0.50 10 670 Dunad Ave 5.00 37 1.25 0.25 10 670 Dunad Ave 7.00 38 0.75 0.25 8 670 Dunad Ave Fill chip 4.00 |!!§2§ |!§ y )7§!7!8 Isi 5.00T § S!!!! | 5.00 |\|§§ !q&! \ / 7|§|!/§|7!|!!!§! 3.50 3.00 1.00 Replace Replace Replace ij Fill chip Fill chip Fill hole 800 — ) e| §! 940 and calph 940 and calph )) 940 and calph Side by pole 1110 Corner of Shahrazad Boulevard and Perviz Corner of Shahrazad Boulevard an Opa Loka Across granja Across granja fill chip FAcross granja fill chip ; o \: I \ \\7 y. §�§' ` / - )k) - Fill holes back of 241 At granja meter fill holes At granja meter fill holes At granja meter fill holes ..|&■ 62222 Fire hydrant at school Fire hydrant at school Basketball courts school Basketball courts school Basketball courts school Basketball courts school Basketball courts school Basketball courts school Basketball courts school . • \ _\ ^` 215 N Perviz Ave 215 N Perviz Ave 715 Sharar Ave 630 N Perviz Ave 710 Curtiss Dr 970 Curtiss Dr 970 Curtiss Dr 820 Curtiss Dr 60 Bahman Ave —� 18201ann Ave 860 Jann Ave 1860 Jann Ave 1860 Jann Ave 860 Jann Ave 825 Sharar Ave 240 Bahman Ave 851 Dunad Ave 1015 Dunad Ave 1015 Dunad Ave 1091 Ali Baba Ave 1091 Ali Baba Ave 879 Fisherman St 879 Fisherman St 879 Fisherman St 940 Sail's St 940 Sallh St 940 Salih St 1000 Caliph St 1000 Caliph St J 901 Caliph St 901 Caliph St 1121 Sharazad Blvd _ 1201 Ali Baba Ave 103 N Perviz Ave 106 Opa Locka Blvd 106 Opa Locka Blvd 150 Opa Locka Blvd 205 Opa Locka Blvd ) k ; 460 Opa Locka Blvd 460 Opa Locka Blvd \ ; -IDIDUl�.IDUlLninininLnLnIDIDUlID�a 252 Opa Locka Blvd J 252 Opa Locka Blvd 166 Opa Locka Blvd 166 Opa Locka Blvd 102 Opa Locka Blvd 401 Bahman Ave I401 Bahman Ave 401 Bahman Ave 401 Bahman Ave 930 Sharazad Blvd 930 Sharazad Blvd 600 Ahmad St 600 Ahmad St 1200 Fisherman St 1200 Fisherman St 1200 Fisherman St 1200 Fisherman St 1200 Fisherman St 1200 Fisherman St ..LO, ,,� LM ,Ut VI „ Cr- LD Ln � En �� , s�;�ID2 ,0ss |§§|SS|||§||gggS|!|!|§§§§§S|!!E5§||§!|q |!5§ §§!S§!!g§|!2§ggg§|§! 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I Replace 109 0.50 0.75 5 1361 Sharazad Blvd 3.00 110 0.75 0.75 5 1361 Sharazad Blvd 3.50 111 1.00 0.50 5 1361 Sharazad Blvd Fill hole 3.50 112 0.00 0.00 1200 Sesame St Across 1158 Replace 113 0.00 0.00 1150 Sesame St 1126 Replace 114 0.75 0.75 6 1200 Sesame St 1156 4.50 115 0.00 0.00 1156 Sesame St Sidewalk in the media Replace 116 1.00 0.50 5 905 Sinbad Ave 3.50 117 0.00 0.00 905 Sharazad Blvd Replace 11111118 3.50 1.00 0.50 5 351 Bahman Ave 119 0.75 0.50 5 351 Bahman Ave 3.00 120 0.75 0.50 5 341 Bahman Ave 3.00 121 0.50 0.50 5 331 Bahman Ave 2.50 122 0.50 0.00 5 331 Bahman Ave 1.00 123 0.50 0.00 5 341 Bahman Ave Across 341 1.00 124 0.50 0.00 5 341 Bahman Ave Front of City Hall 1.00 125 0.75 1.00 10 100 Opa Locka Blvd Front of City Hall 7.50 126 0.50 0.00 5 750 Opa Locka Blvd 1.00 127 1.25 0.50 5 7501ann Ave 4.00 128 0.50 0.00 5820Jann Ave 1.00 129 0.50 0.25 51016 Jann Ave 1.00 130 2.00 2.00 5 1016 Jann Ave -�. r Fill hole : Replace ... 14. 131 0.75 0.00 5 1020 Jann Ave 1.00 132 0.75 0.25 5 1126 Jann Ave 2.50 133 0.75 0.50 5 1160 Jann Ave 3.00 134 0.50 0.25 51156 Jann Ave 1,00 135 0.50 0.25 5 1146 Jann Ave 1156 side 1.00 136 0.50 0.00 41156 Jann Ave 1156 side 1.00 137 0.00 0.00 1156 Jann Ave Replace 217 218 mG 213 214 211 212 o 0 Ne5 203 L 204 200 201 202 e55,1 55 t5 55 Nm V 555 w.i..1 r 55 m vvvq 5'il W 555 5 5 m 5N A W Nr Oe 555, 5, 5 5555 55 n 141 142 143 144 145 146 55 H�oovl�ggN�g5,NOGgNgOgO�g�5�gi5,888$$85,�$$$5,80$�8000 .. o o F. .. o 0 o s. 1+001+00 �.. ..0 �+01+0 0 0 00.-..0 000.-0..0.- .� 0 0000 H O H 00.. $$ NN N 1.. o.. 8 : o O N:,�,0N OO OOO o.-.-OO O H N ;, N a o .�_ O O 000 N O 0 O U� 00000 tail O H O O O 1+ H + 0 tVil 0 0 0 :7-1 H 0 0 W g 0 0 ;, 0 0 0 H l�il t• O g ;74 `• O g 0 1+ 0 5, g 0 0 r., 0 0 0 0 0 0 `• F,, g 0 0 g F,'; 0 g g 0 0 g g 0 0 g g 0 1+ .3 g 0 0 ;, 8 0 0 8 g 0 O 0 H 1+ O 5, 8 O F+ :1 8 �+ 0 8 0 0 0 VI H 0 0 0 H 0 0 g g 1+ O 8 �+ O N YNi I+ O g 0 1+ 0 8 N 0 0 W VNi 0 0 tNil FA 0 0 ;,, N 0 0 -,4' O 0 0 O N 0 0 H H 0 O g rii� O O 0 g$ O O O g N m 01 G G G G G N N G G G G o N N N N OI N G Of N N N N A N N N N N N N N N A N N N N N N N N N N N N N O N N N N N A O N 3201 NW 151st St 3221 NW 151st St 3021 NW 151stSt 3201 NW 151st St _ 2851 NW 151stSt 2971 NW 151stSt 1324 Oriental Blvd 2801 NW 151st St 1130 NW 151st St 2941 NW 151st St 1080 Oriental Blvd 1110 Oriental Blvd 920 NW 151st St 950 NW 151st St 820 Oriental Blvd 870 Oriental Blvd SODS Jann Ave 1000 Jann Ave 7411ann Ave gNg 1 N i1 m 1391 Seaman Ave 150 Seaman Ave 341 Seaman Ave 391 Seaman Ave 1120 Kasim St 1120 Kasim St 1126 Kasim St 1124 Kasim St 1135 Kasim St 1125 Kasim St 1145 Kaslm St 1125 Kasim St 1125 Kasim St 1126 Kasim St 1145 Kasim St 1145 Kasim St 275 Seaman Ave 1110 Kasim St 1110 Kasim St 1110 Kasim 5t 1070 Jann Ave 205 Seaman Ave 1141 Jann Ave 1070 Jann Ave 1147 Jann Ave 1141 Jann Ave 50 Ahmad St 1147 Ahmad St 1200 Oriental Blvd 1150 Kasim St P. 3 1200 Kasim St 1200 Kasim St 1202 Kasim St 1200 Jann Ave 1200 Kasim St 1231 Jann Ave 1216Jann Ave 1319 Jann Ave 1319 Jann Ave 13401ann Ave 1319 Jann Ave g� ry m 1316 Jann Ave 13161ann Ave 1306 Jann Ave 1316 Jann Ave 1240 Sesame St 1300 Jann Ave 1155 Sesame St 1155 Sesame St 1155 Sesame St 1155 Sesame St 1200 Dunad Ave 1200 Dunad Ave _ 888 m n D m Across 1336 1124 fill hole Corner across 341 310 fill hole Across 1012 Across 1200 Liii Corner Corner 1300 fill hole Corner 1155 Corner 1155 ,Corner 1155 I1156 side 1156 side 1156 side 1156 side 1156 side 1156 side 7 Replace Re lace Re lace Re lace Replace Re lace N N o a m m N a m Replace r. m A F ry A Or m A m n m F. O 818 15.00 8.50 5.00 JJ{j 10.50 O 188885.'.8ggg88 W 9, . 8 01 8 T W 86'68sg$8 N W m 2.50 5.00 N W $ 0 2.50 5.00 A 8 J o N 88888 N N 2.00 OI 88888888808 P N N C' N A W W N 4.00 3.50 W W 8880 T N 2.50 1.00 88888:88 219 0.75 0.75 6 940 Oriental Blvd 3241 fill big holes 4.50 220 0.75 0.50 15 3241 NW 151stSt 8.50 221 0.50 0.75 15 3311 NW 151st St 8.50 222 0.75 0.50 15 3321 NW 151st St Across 830 8.50 223 0.00 0.00 15101 NW 33rd Ct Across 830 Replace 224 1.00 0.75 5 15101 NW 33rd Ct Across 810 4.00 225 1.25 0.75 6 810 Oriental Blvd Across 810 6.00 226 0.00 0.00 758 Oriental Blvd Across 810 Replace 227 1.00 0.75 5 758 Oriental Blvd Across 810 4.00 228 2.00 0.75 6 758 Oriental Blvd Across 810 7.50 229 1.00 0.50 6 758 Oriental Blvd Across 780 4.50 230 1.13 0.25 5 758 Oriental Blvd Across 780 3.00 231 0.00 0.00 3360 NW 151st Ter Across 780 Replace 232 0.00 0.00 3360 NW 151st Ter Across 780 Replace 233 1.25 0.75 10 856 Ali Baba Ave Meter 856 10.00 234 1.00 0.50 8 856 Ali Baba Ave Meter 856 6.00 235 0.75 0.25 6 1094 Ali Baba Ave 3.00 236 0.50 0.25 5 1090 Ali Baba Ave 1094 meter 1.00 237 0.75 0.25 5 1150 Ali Baba Ave 2.50 238 0.75 0.25 6 1150 Ali Baba Ave 3.00 239 0.75 0.25 6 1150 All Baba Ave 3.00 240 0.50 0.50 61200 Ali Baba Ave 3.00 241 0.75 0.50 5 1200 All Baba Ave 3.00 242 0.50 0,50 6 1200 Ali Baba Ave 3.00 243 0.75 0.25 5 1200 Ali Baba Ave 2.50 244 0.50 0.50 6 1200 Ali Baba Ave 3.00 245 0.75 0.25 6 1238 Ali Baba Ave Across 1150 3.00 246 0.75 0.25 6 1150 All Baba Ave Across 1150 3.00 247 1.00 0.00 6 1150 All Baba Ave Across 1150 3.00 248 0.75 0.50 6 1100 All Baba Ave Across 1150 3.50 249 0.50 0.50 5 931 Ali Baba Ave 2.50 250 1.00 0.75 8 921 All Baba Ave 7.00 251 0.75 0.50 5 921 Ali Baba Ave 3.00 252 0.50 0.50 5 921 Ali Baba Ave 2.50 253 1.00 0.50 22 900 All Baba Ave Before Perviz 16.00 1373 873.44 OUR WORK * Please note this survey in no way constitutes or guarantees the Identification of every trip hazard on she. Therefore, the final determination of the work to be perfomied shall be the sole responsibility of the customer. = Florida Sidewalk Solutions removes trip hazards from concrete sidewalks to assist communities in alleviating trip and fall liability, meeting the requirements of the Americans with Disabilities Act (ADA) and improving community assets. Our approach has been awarded 6 U.S. patents, one pending. We use a horizontal saw to repair trip hazards as small as 1/4 inch (as defined by the ADA) to as high as 2.0 inches. Communities and munidpalities find that our proprietary services are more efficient and can save them thousands of dollars compared to the cost of conventional methods of hip hazard removal. U.S. Patent Numbers: 6,827,074, 6,896,604, 7,000,606, 7,143,760, 7,201,644, 7,402,095 * Florida Sidewalk Solutions does not grind or pulverize concrete. Grinders can cause crevices and pitting, resulting in further damage and deterioration to the concrete due to water retention in the low, uneven spots. Grinders often leave partial hazards at the edges of a sidewalk panel, which means after you've paid for a repair, you are still left with a liability. ALL jobs require a Florida Sidewalk Solutions signed Notice to Proceed / Contract for Patented - Saw Cutting Trip Hazard Removal in order to be scheduled. Any changes or additions are subject to contract document legal fees. Our work requires the use of generators therefore we cannot work in rainy conditions or with wet concrete. There is a minimum charge for our work Florida Sidewalk Solutions does not remove or replace sidewalks. Sidewalks noted on the estimate as replace are sidewalks beyond the scope of our work and will not be repaired by Florida Sidewalk Solutions. To view an animated demo of our work please dick here: http://www.ftoridasidewalksolutions.com/animation/animation.html LICENSE AND INSURANCE Z Town of Davie Occupational license: #41998 Broward County Occupational license: #329-30464 Miami -Dade County Occupational license: #607999-0 Village of Royal Palm Beach Occupational license: #13-00012908 Certificate of Competency: E0600786 Federal Tax ID: #56-2520955 = Certificate of Liability indudes: General Liability=$2,000,000/General Aggregate=$2,000,000 / Automobile=$1,000,000/ Worker's Camp=$1,000,000 Please let us know in advance if you need to be listed as a Certificate Holder on our policy. 'Copies of insurance, licenses, and references furnished upon request CITY OF SIDEWALK OPA LOCKA IMPROVEMENT FLORIDA EVALUATION Prepared: 7-23-20 By Florida Sidewalk Solutions For Airia Austin, Public Works Director/Director of Capital Improvement Programs INTRODUCTION Florida Sidewalk Solutions was enlisted by the City of Opa Locka Public Works department to perform an ADA sidewalk evaluation. FSS surveyed over 11 miles within the cities public rights -of -way to identify accessibility barriers to its existing pedestrian facilities. C _�-, }, o z o poor �� �+ o o_ A�.,�c. . C yyy Q-_.ry lye - ¢ s0 QQQrrOr O S- � O � - may: -�, '�c Y .�_'. •i or,. . 3nS1Fk ._ p -°`4 O ` - 1: Pros. E - PCs' P .e.. .jam•'' (e 0 .0 rt.,, >.,._ iI •' . ,�.. �R4" rr mil' �a l'CQf/ 2' Ei,St .;fir d^ � ni r ar LN 0 ` J - r� yr 'Q.'. - t?0 + 4...<SabC• FLORIDA SIDEWALK SOLUTIONS 7051 SW 22nd Court, Davie, FL 33317 P: (954) 514-7218 C: (305) 607-4859 , !laamt Remo. Helping to Meet ADA Requirements The ADA requires that any public agency with more than 50 employees prepare a Transition Plan setting forth the steps necessary to make its facilities accessible to persons with disabilities. The FSS survey identifies barriers that prevent persons with disabilities from accessing programs and activities and identifies methods to provide equivalent access to the maximum extent feasible. FSS repair services meet or exceed all ADA sidewalk safety specification standards FLORIDA SIDEWALK SOLUTIONS 7051 SW 22nd Court, Davie, FL 33317 P: (954) 514-7218 C: (305) 607-4859 SIDEWALII SOLUTIONS fro Hard R,nionifRro,G» A Priam Counts Lcttnp ANduto )�%rrda 0 SOcUTI•ON•5 FLORIDA SIDEWALK SOLUTIONS DATA COLLECTION Florida Sidewalk Solutions assesses thousands of miles of sidewalk infrastructure each year for cities using our proprietary Geographical Information Systems Surveying Technology. This technology provides the insight and knowledge cities need to make data driven, well-informed decisions about repairing their uneven sidewalk trip hazards. Data Collection Methodology: The data collection process entailed physically inspecting the pedestrian facilities within the Cities public right-of-way for: Heaving with offset greater than inch 8 List of Sidewalks beyond repair in need of replacement Lineal Feet of Correction, Location Address, Longitude & Latitude Survey Fee: Surveying is included at No Charge as part of our service providing repair approval is granted (by Zone) as surveys are completed. FLORIDA SIDEWALK SOLUTIONS '=t `.7J rich 7051 SW 22nd Court, Davie, FL 33317 'SOID'EWALh SALMI, 0 rq•S P: (954) 514-7218 C: (305) 607-4859 ` Trip Hazard Repair Survey Results Ali Baba to 151 Street Perviz Ave to 27th Ave Recommended Corrective Actions Remove 206 (1,373 lineal feet) of displacement. 0)015 `C0 Ii 0. dl0 ' (0�0) -'d: 0,Alir^(Dwt 1 td.w y'1.: 4i iy /lvircf Xnniw+o1 S, Sidewalk Replacement Survey Results Ali Baba to 151 Street Perviz Ave to 27th Ave # of Sidewalk Replacement Locations 47 Sidewalks locations beyond repair in need of replacement are provided as part of the survey. Areas noted for replacement are recommendations only and are not included in this proposal. } s -X r iyQ. R `y��- T J� i v^f Ev-rAs tariiMAv4 FLORIDA SIDEWALK SOLUTIONS PATENTED TRIP HAZARD REPAIR PROCESS FSS has developed a proprietary method of repair using patented technology to correct trip hazards. Our process uses a precision horizontal saw cutting technique awarded six U.S. Patents. U.S. Pat. No. 6,827,074 U.S. Pat. No. 7,000,606 U.S. Pat. No. 7,201,644 U.S. Pat. No. 6,896,604 U.S. Pat. No. 7,143,760 U.S. Pat. No. 7,402,095 This unique approach has afforded municipalities and cities the ability to minimize liability, and make their sidewalks safe for pedestrian traffic while saving thousands of dollars compared to sidewalk removal and replacement. FLORIDA SIDEWALK SOLUTIONS 7051 SW 22nd Court, Davie, FL 33317 P: (954) 514-7218 C: (305) 607-4859 FLORIDA SIDEWALK SOLUTIONS Removal Stages Finish is OSHA compliant slip resistant Elapsed time: 20 Minutes FLORIDA SIDEWALK SOLUTIONS 7051 SW 22nd Court, Davie, FL 33317 P: (954) 514-7218 C: (305) 607-4859 leaD SOL.UTIm• ABOUT OUR WORK: > Please note this survey in no way constitutes or guarantees the identification of every trip hazard on site. Therefore, the final determination of the work to be performed shall be the sole responsibility of the customer. Florida Sidewalk Solutions (FSS) removes only those trip hazards specifically requested by customers and therefore makes no guarantee or representation that the property is free of trip hazards after the project is completed. > Our work requires the use of generators; therefore, we cannot work in rainy conditions or with wet concrete. ➢ Florida Sidewalk Solutions does not remove or replace sidewalks. The zone surveyed has 47 locations that are beyond our scope of work and in need of replacement. Areas noted for replacement are recommendations only and are not included in this proposal. A list of replacement addresses / locations will be provided upon project approval. Replacements are the sole responsibility of the customer. > Town of Davie Occupational license: #41998 /Broward County Occupational license: #329-30464 > Miami -Dade County Occupational license: #607999-0 /Certificate of Competency: E0600786 / Federal Tax ID: #56-2520955 ➢ Certificate of Liability includes: General Liability=$2,000,000/General Aggregate=$2,000,000 / Automobile=$1,000,000/ Worker's Comp=$1,000,000 / Please let us know in advance if you need to be listed as a Certificate Ho/deron our policy. FLORIDA SIDEWALK SOLUTIONS 7051 SW 22nd Court, Davie, FL 33317 P: (954) 514-7218 C: (305) 607-4859 INVITATION TO BID Repair of Sidewalk Trip Hazards ITB No. 2018-40 MIAMIi�LAKES Growing Beautifully The Town of Miami Lakes Council: Mayor Manny Cid Vice Mayor Frank Mingo Councilmember Timothy Daubert Councilmember Luis Collazo Councilmember Ceasar Mestre Councilmember Nelson Rodriguez Councilmember Marilyn Ruano Alex Rey, Town Manager The Town of Miami Lakes 6601 Main Street Miami Lakes, Florida 33014 Date Advertised August 15, 2018 Bids Due 11:00 AM, September 4, 2018 Repair of Sidewalk Trip Hazards ITB 2018-40 Table of Contents Section A. NOTICE TO BIDDERS 5 Section B. INSTRUCTIONS TO BIDDERS 7 B1 DEFINITION OF TERMS 7 B2 BID PROCESS 8 B2.01 GENERAL REQUIREMENTS FOR BID PROCESS 8 B2.02 PREPARATION OF BID 9 B2.03 ESTIMATED QUANTITIES 9 B2.04 LINE ITEM QUANTITIES 9 82.05 ADDITIONAL LINE ITEM PRICING 9 B2.06 BID PREPARATION AND RELATED COSTS 9 B2.07 PRE -BID CONFERENCE 9 B2.08 QUALIFICATION OF BIDDERS 9 B2.09 EXAMINATION OF CONTRACT DOCUMENTS 10 B2.10 INTERPRETATIONS AND CLARIFICATIONS 10 B2.11 POSTPONEMENT OF BID OPENING DATE 10 B2.12 ACCEPTANCE OR REJECTION OF BIDS 10 B2.13 WITHDRAWAL OF BID 11 B2.14 OPENING OF BIDS 11 82.15 LOCAL PREFERENCE 11 B2.16 TIE BIDS 11 B2.17 AWARD OF CONTRACT(S) 11 B2.18 BID PROTEST PROCESS 11 B2.19 EXECUTION OF CONTRACT 11 B3 REQUIRED FORMS & AFFIDAVITS 12 B3.01 COLLUSION 12 B3.02 RELATIONSHIPS WITH THE TOWN AFFIDAVIT 12 B3.03 CONFLICT OF INTEREST/ANTI-KICKBACK 12 B3.04 PUBLIC RECORDS AFFIDAVIT 12 Repair of Sidewalk Trip Hazards Bid No. 2018-40 B3.05 PUBLIC ENTITY CRIMES ACT 12 Section C. GENERAL TERMS & CONDITIONS 14 C1 GENERAL REQUIREMENTS 14 C1.01 GENERALLY 14 C1.02 RULES AND REGULATIONS 14 C1.03 HOURS FOR PERFORMING WORK 14 C1.04 SUBCONTRACTORS 14 C1.05 CONSULTANT SERVICES 15 C1.06 AUTHORITY OF THE PROJECT MANAGER 15 C1.07 INDEPENDENT CONTRACTOR 15 C1.08 THIRD -PARTY BENEFICIARIES 16 C1.09 ASSIGNMENT OR SALE OF CONTRACT 16 C1.10 TIME FOR COMPLETION 16 C1.11 APPLICABLE LAW AND VENUE OF LITIGATION 16 C1.12 NON-EXCLUSIVE CONTRACT 16 C1.13 SEVERABILITY 16 C1.14 CONTRACT DOCUMENTS CONTAIN ALL TERMS 17 C1.15 ENTIRE AGREEMENT 17 C1.16 INTENTION OF THE TOWN 17 C1.17 PRIORITY OF PROVISIONS 17 C1.18 ROYALTIES AND PATENTS 18 C1.19 PURCHASE AND DELIVERY, STORAGE AND INSTALLATION 18 C1.20 OWNERSHIP OF THE WORK 18 C1.21 TOWN LICENSES, PERMITS AND FEES 18 C1,22 TAXES 18 C1.23 REMOVAL OF UNSATISFACTORY PERSONNEL 18 C1.24 COMPLIANCE WITH APPLICABLE LAWS 19 C1.25 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, & ADA 19 C1.26 NOTICES 19 C2 INDEMNITY & INSURANCE 20 C2.01 INDEMNIFICATION 20 C2.02 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES TO THE WORK 20 Repair of Sidewalk Trip Hazards Bid No. 2018-40 C2.03 DEFENSE OF CLAIMS 20 C2.04 INSURANCE 20 C3 PUBLIC RECORDS 22 C3.01 ACCESS, REVIEW AND RELEASE OF RECORDS 22 C4 CONTRACT MODIFICATION AND DISPUTE PROCESS 23 C4.01 CHANGE ORDERS 23 C4.02 FORCE MAJEURE 24 C4.03 EXTENSION OF TIME 24 C4.04 EXCUSABLE DELAY, NON-COMPENSABLE 25 C4.05 CLAIMS 26 C4.06 CONTINUING THE WORK 26 C4.07 FRAUD AND MISREPRESENTATION 27 C4.08 STOP WORK ORDER 27 C4.09 MATERIALITY AND WAIVER OF BREACH 27 C4.10 TIME IN WHICH TO BRING ACTION AGAINST THE TOWN 27 C4.11 CONTRACT EXTENSION 27 C5 EARLY TERMINATION & DEFAULT 28 C5.01 SET -OFFS, WITHOLDING, AND DEDUCTIONS 28 C5.02 CONTRACTOR DEFAULT 28 C5.03 TERMINATION FOR CONVENIENCE 29 C5.04 REMEDIES AVAILABLE TO THE TOWN 29 C5.05 FUNDS AVAILABILITY 30 Section D. SPECIAL TERMS & CONDITIONS 31 D1 SCOPE OF WORK 31 D1.01 SURVEY SPECIFICATIONS 31 D1.02 CONCRETE CUTTING SPECIFICATIONS 31 D1.03 LIMITATIONS 31 01.04 METHOD OF MEASUREMENT 32 D1.05 LOCATION OF WORK 32 D2 WORK ORDERS 32 D3 CONTRACT TERM 32 D4 TIME FOR PERFORMANCE OF THE WORK 32 Repair of Sidewalk Trip Hazards Bid No. 2018-40 D5 PROGRESS PAYMENTS 33 D6 INVOICES 33 D7 PURCHASE AND DELIVERY, STORAGE AND INSTALLATION 34 D8 REQUEST FOR INFORMATION 34 09 WARRANTY 34 D10 LIQUIDATED DAMAGES 35 D11 PROGRESS MEETINGS 35 D12 CONSTRUCTION PHOTOGRAPHS 35 D13 STAGING SITE 35 D14 HURRICANE PREPAREDNESS 35 015 PROJECT SITE FACILITIES 36 D16 INSPECTION OF WORK 36 D17 ACCEPTANCE AND FINAL PAYMENT 37 D18 DEFECTIVE OR NON -COMPLIANT WORK 37 D19 UTILITIES 38 D19.01 PROTECTION OF PROPERTY, UTILITIES, AND THE PUBLIC 38 D19.02 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE 38 D19.03 ACCESS TO WATER AND UTILITIES 39 D20 COORDINATION OF THE WORK 39 D21 CLEANING UP; TOWN'S RIGHT TO CLEAN UP 39 D22 METHOD OF PERFORMING THE WORK 40 D23 SAFETY ISSUES 40 D24 SUPERVISION OF THE WORK 41 EXHIBIT A. CONTRACTOR'S BID 42 Repair of Sidewalk Trip Hazards Bld No. 2018-40 SECTION A. NOTICE TO BIDDERS ITB Name: Repair of Sidewalk Trip Hazards ITB No.: 2018-40 Bids Due: 11:00 AM, September 4, 2018 Overview: The Town of Miami Lakes (the "Town") will be accepting sealed Bids from qualified firms to provide sidewalk repair services ("Services"). The Town of Miami Lakes requires a licensed Contractor to inspect and repair sidewalk trip hazards in order to maintain the quality of the Town's sidewalks and limit the Town's liability for trip hazards. When the Town becomes aware of developing trip hazards, the Town will assess whether the damaged sidewalk flag is so extensive that it merits replacement of the whole flag, or if the flag can be salvaged through the process of sidewalk grinding. If the flag can be salvaged, the Town will utilize this Contract to repair trip hazards, returning the sidewalk flag to a safe condition. Bidders are to submit one (1) original and two (2) physical copies of their Bid, with original signatures together with one (1) additional virtual copy of the Bid on a Flash Drive. Sealed Bids, including the Flash Drive must be received by the Town of Miami Lakes, Town Clerk at 6601 Main Street, Miami Lakes, Florida no later than 11:00 AM on September 4, 2018, at which time the Bids will be opened. General Instructions: Bidders must carefully review all the materials contained herein and prepare their Bids accordingly. The detailed requirements set forth below will be used to evaluate the Bids and failure of a Bidder to provide the information requested for a specific requirement may render their Bid non -responsive and will result in rejection. Copies of the ITB will only be made available on Public Purchase and the Onvia DemandStar websites. Copies of the ITB, including all related documents, can be obtained by visiting Public Purchase at www.publicpurchase.com or at DemandStar's website at www.demandstar.com. It is strongly recommended that on either website, Bidders should register with the Town of Miami Lakes to receive notifications on changes to the solicitation documents. Minimum Requirements to Submit a Response: To be eligible for award of this project, bidders must: 1. Possess a minimum of five (5) years of experience performing sidewalk trip hazard repair projects; 2. Must provide at least three (3) verifiable client references for successful completion of three (3) distinct sidewalk repair contracts with other public agencies of similar scope and value performed within the last five (5) years; and 3. Possess a valid certified license as a General Contractor from the State of Florida, or a Certificate of Competency from the Miami -Dade County's Construction Trade Qualifying Board as a General Engineering Contractor or a Specialty Engineering Contractor. The Town will consider a Bid as responsive where a Bidder has less than the stipulated minimum number of years of experience solely where the Bidder has undergone a name change and such change of name has been filed with the State of Florida. Pursuant to subsection (t) "Cone of Silence" of Section 2-11.1 "Conflict of Interest and Code of Ethics Ordinance" of Miami Dade County, public notice is hereby given that a "Cone of Silence" is imposed concerning this solicitation. The "Cone of Silence" prohibits certain communications concerning the substance of RFP's, RFQ's or Bids, until such time as the Town Manager makes a written recommendation to the Town Council concerning the solicitation. Any questions concerning the substance of this or any other solicitation advertised by the Town must be submitted in writing to procurement@miamilakes-fl.gov while the Cone of Silence is in effect. No other Repair of Sidewalk Trip Hazards Bid No. 2018-40 communications, oral or otherwise, will be accepted. Failure to comply with the Cone of Silence may result in the rejection of a Submittal. For additional information concerning the Cone of Silence please refer to Section 2-11.1 of Miami -Dade County Code. Repair of Sidewalk Trip Hazards Bid No. 2018-40 SECTION B. INSTRUCTIONS TO BIDDERS B1 DEFINITION OF TERMS 1. Award means that the Town Manager or Town Council, as applicable, has approved the award of a contract. 2. Bid means the Submittal tendered by a Bidder in response to this solicitation, which includes the price, authorized signature and all other information or documentation required by the Invitation to Bid ("ITB") at the time of submittal. 3. Bid Form means the form that contains the goods or services to be purchased and that must be completed and submitted with the Bid. 4. Bidder means any person, firm or corporation, or its duly authorized representative tendering a Submittal in response to this solicitation. 5. Change Order means a written document ordering a change in the Contract price or Contract time or a material change in the Work. 6. Completion Time means the number of calendar days specified for Final Completion of the Project. 7. Cone of Silence means the time period and method of communications as required by Section 2-11.1 of the Miami -Dade County Code, which state that the Cone of Silence shall be in effect from the date the ITB is issued until the Town Manager issues a written recommendation. 8. Consultant means a firm that has entered into a separate agreement with the Town for the provision of professional services. 9. Contract means the ITB, the addendum, and the Bid documents that have been executed by the Bidder and the Town subsequent to approval of award by the Town. 10. Contract Documents means the Contract as may be amended from time to time, and plans, specifications, addendum, clarifications, directives, Change Orders, payments and other such documents issued under or relating to the Contract. 11. Contractor means the Successful Bidder who is issued a Purchase Order, Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the Town and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to the Work under the Contract. 12. Cure means the action taken by the Contractor promptly, after receipt of written notice from the Town of a breach of the Contract Documents, which must be performed at no cost to the Town, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach. 13. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of a written Notice to Cure from the Town identifying the deficiencies and the time to Cure. 14. Days mean calendar days unless otherwise specifically stated in the Contract Documents. 15. Defective Work means (a) Work that is unsatisfactory, deficient, or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager. 16. Design Documents, Plans or Sketch means any construction plans and specifications, or graphic representation included as part of the Contract. 17. Field Directive means a written directive to effect changes to the Work, issued by the Project Manager, Consultant or the Town Department Director that may affect the ITB Contract price or time. Repair of Sidewalk Trip Hazards Bid No. 2018-40 18. Final Completion means the date the Contractor has completed all the Work and submitted all documentation required by the Contract Documents. 19. Inspector means an authorized representative of the Town assigned to make necessary inspections of materials furnished by Design -Build Firm and of the Work performed by the Contractor. The Town, at is sole discretion may hire a professional consultant to perform the inspections. 20. Materials mean goods or equipment incorporated into the Work, or used or consumed in the performance of the Work. 21. Notice of Award means any correspondence from the Town that informs the successful bidder of a contract award for this ITB. 22. Project means a task or series of tasks that the Contractor must complete in accordance with the Contract Documents. 23. Project Manager means the individual assigned by the Town Manager or designee to manage a Project. 24. Request for Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Contract Documents. The RFI, which must be clearly marked RFI, must clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is required. The RFI must set forth the Contractor's interpretation or understanding of the document(s) in question, along with the reason for such understanding. 25. Responsive Bidder means the Bidder whose Bid conforms in all material respects to the terms and conditions included in the ITB. 26. Responsible Bidder means a Bidder who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. 27. Subcontractor means a person, firm or corporation having a direct contract with Contractor, including one who furnishes material, equipment or services necessary to perform the Work. 28. Submittal means the documents prepared and submitted by the Bidder in response to this ITB. 29. Substantial Completion means that point at which the Project is at a level of completion in substantial compliance with the Contract Documents, and is fit for use in its intended purpose. Substantial Compliance will not be deemed to have occurred until any and all governmental entities, with regulatory authority or which have jurisdiction over the Work, have conducted all final inspections, and approved the Work. Beneficial use or occupancy will not be the sole factor in determining whether Substantial Completion has been achieved, unless a temporary certificate of completion has been issued. 30. Town means the Town Council of the Town of Miami Lakes or the Town Manager, as applicable. 31. Town Manager means the duly appointed chief administrative officer of the Town of Miami Lakes or designee. 32. Unbalanced Bid means pricing that is not consistent with pricing in the industry or with market conditions and a comparison to the pricing submitted by other Bidders. 33. Work as used herein refers to all reasonably necessary and inferable labor, material, equipment, and services, whether or not specifically stated, to be provided by the Contractor to fulfill its obligations under the Contract Documents. B2 BID PROCESS B2.01 GENERAL REQUIREMENTS FOR BID PROCESS The ITB, Bid Form and any addendum that may be issued constitute the complete set of requirements for this ITB. The Bid Form page(s), and all forms contained in the ITB must be completed, signed, and submitted in accordance with the requirements of Section B. All Bids must be typewritten or filled in with pen and ink and must be signed in blue ink by an officer or employee having authority to bind the Repair of Sidewalk Trip Hazards Bid No. 2018-40 company or firm. Errors, corrections, or changes on any document must be initialed by the signatory of the Bid. Bidder will not be allowed to modify its Bid after the opening time and date. B2.02 PREPARATION OF BID The Bid Form contains multiple line items and the Bidder must provide prices for all line items and must provide the price for the total Bid amount. Failure to include pricing on all line items as well as the total Bid Amount will result in the Bid being found non -responsive. Bidder must use the blank Town forms provided herein. The Bid must be signed and acknowledged by the Bidder in accordance with the directions within this ITB. Failure to utilize or fully complete the Town's forms may result in a determination that the Bid is non -responsive. A Bid will be considered non -responsive if it is conditioned on modifications, changes, or revisions to the terms and conditions or of the ITB. All Bid prices are to include the furnishing of all labor, materials, equipment, all overhead/indirect expenses and profit, necessary for the completion of the Work, except as may be otherwise expressly provided for in the Contract Documents. B2.03 ESTIMATED QUANTITIES The quantities stated on the Bid Form are solely estimates of what the Town anticipates its needs are for the initial year of the Contract. The stated quantities do not reflect the actual quantities to be ordered and the Town has not established any minimum quantities and no guarantee is expressed or implied as to the total quantity of Work to be issued to a Contractor. The Town reserves the right, at its sole discretion, to make adjustment to the number and/or location of the Bid items. The failure of the Town to order any minimum quantities does not form any basis for a claim by the Contractor for lost work or profits. B2.04 LINE ITEM QUANTITIES The estimated quantities will be used solely for bid comparison purposes for the Town to determine the lowest responsive and responsible. No guarantee is expressed or implied as to the total quantity of Work to be issued to a Contractor. B2.05 ADDITIONAL LINE ITEM PRICING The Town reserves the right to request price quotes for additional items not contained in the initial award. Should the Town add any additional line items the Town will do so through the Change Order process. B2.06 BID PREPARATION AND RELATED COSTS All costs involved in the preparation and submission of a Bid to the Town or any work performed in connection therewith is the sole responsibility of the Bidder(s). No payment will be made for any Bid received, or for any other effort required of or made by the Bidder prior to commencement of Work as defined by any contract duly approved by the Town Council or Town Manager. The Town will bear no responsibility for any cost associated with any judicial proceedings resulting from the ITB process. B2.07 PRE -BID CONFERENCE No Pre -Bid Conference has been scheduled for this solicitation. B2.08 QUALIFICATION OF BIDDERS Bidder, by virtue of submitting its Bid, certifies that it is qualified and capable of performing the Work required under the Contract. To qualify for award, Bidder must meet the minimum qualification requirements stated in Section A. Bidders must complete the attached Questionnaire Form and include Repair of Sidewalk Trip Hazards Bid No. 2018-40 it with their Bid. Failure to complete and submit this form or to meet the minimum qualifications will result in the Bid being deemed non -responsive. The Town may at its sole discretion allow a Bidder to amend an incomplete Questionnaire during the evaluation process provided that the Bidder has included the Questionnaire in its Bid. B2.09 EXAMINATION OF CONTRACT DOCUMENTS It is the responsibility of each Bidder, before submitting a Bid in response to this ITB to: a. Carefully review the ITB, including any Addendum and notify the Town of any conflicts, errors or discrepancies. b. Take into account federal, state and local, including, without limitation, the Town's Code, and Miami -Dade County and the State of Florida's statutes laws, rules, regulations, and ordinances that may affect a Bidder's ability to perform the Work. c. Study and carefully correlate Contractor's observations with the requirements of the ITB. The submission of a Bid in response to this solicitation constitutes an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that without exception, the Bid is premised upon performing and furnishing the Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for the performance of the Work. B2.10 INTERPRETATIONS AND CLARIFICATIONS All questions about the meaning or intent of the ITB, must be directed in writing and submitted by e- mail to the Procurement Office, at procurement@miamilakes-fl.gov. Interpretation or clarifications considered necessary by the Town in response to such questions will be issued by means of an addendum. All addenda will be posted on the Town's website, www.miamilakes-fl.gov under Contractual Opportunities. It is the sole responsibility of the Bidder to obtain all addenda by visiting the Town's website. Written questions must be received no less than ten (10) days prior to bid opening. Only questions answered by written addenda will be binding. Verbal interpretation or clarifications will be without legal effect. 82.11 POSTPONEMENT OF BID OPENING DATE The Town reserves the right to postpone the date for receipt and opening of Bids and will make a reasonable effort to give at least five (5) calendar days' notice prior to the Bid opening date, of any such postponement to prospective Bidders. Any such postponement will be announced through the issuance of an addendum posted to the Town's website. 82.12 ACCEPTANCE OR REJECTION OF BIDS The Town reserves the right to reject any and all Bids, with or without cause, to waive technical errors and informalities, or to cancel or re -issue this solicitation. The Town also reserves the right to reject the Bid of any Bidder who has failed to previously perform under a contract or who is in arrears to the Town. (i) Unbalanced Bids The Town reserves the right to reject any Bid where the line item pricing is determined to be unbalanced. Such determination will be made at the sole discretion of the Town. An Unbalanced Bid price, which will be determined at the sole discretion of the Town, includes, but is not limited to, pricing that is not consistent with pricing in the industry or with market conditions and a comparison to the pricing submitted by other Bidders. An Unbalanced Bid typically occurs where the prices for one or more line items are too low a price to cover the actual cost to perform the Work (including overhead and profit) or too high a price where excessive profit will occur. Repair of Sidewalk Trip Hazards Bid No. 2018-40 B2.13 WITHDRAWAL OF BID Bidder warrants, by virtue of bidding, that its Bid and the prices quoted in its Bid are firm and irrevocable for acceptance by the Town for a period of one hundred twenty (120) calendar days from the date of the Bid submittal deadline. Bidder may change or withdraw its Bid prior to the Bid submittal deadline. All changes or withdrawals must be made in writing to the Town Clerk. Oral/Verbal modifications will not be valid. Once the Town makes an Award, the Bid cannot be withdrawn. B2.14 OPENING OF BIDS Bids will be publicly opened at the appointed time and place stated in the ITB and the names of the Bidders will be announced. The Town at its sole option may read the Bid prices. Late Bids will not be opened. Town staff is not responsible for the premature opening of a Bid if the Bid is not properly sealed, addressed and labeled. Bidders or their authorized agents are invited to be present at the Bid opening. Any additional information on the Bid Submittals will be made available in accordance with Florida Statute 119.071, Paragraph (b) of subsection (1), item 2, as amended. Review of the Bid Submittals by Town staff will determine the lowest responsive and responsible Bidder(s). B2.15 LOCAL PREFERENCE This ITB is subject to local preference under Section 13 of Town Ordinance 17-203. In order to qualify, Bidders seeking preference must submit the Local Vendor Preference Certification Form with all required supporting documentation. The Local Vendor Preference Certification Form can be found on the Town's website at http://www.miamilakes-fl.gov. B2.16 TIE BIDS Preference shall be given to businesses with Drug -Free Workplace programs. Whenever two (2) or more bids which are equal in price, the Award will be determined in accordance with Florida Statute 287.133(2)(a), the Drug -Free Workplace Act. Where tie Bids still exist, the Award will be made to one of the Bidders at the sole discretion of the Town Manager. B2.17 AWARD OF CONTRACT(S) The Town anticipates awarding a contract to the lowest responsive and responsible Bidder(s) that is in the best interest of the Town. The Town may require demonstration of competency and, at its sole discretion, conduct site visit(s) and inspections of the Bidder's place of business, require the Bidder to furnish documentation or require the Bidder to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The Town will consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed by the Contractor and past performance on Town and other contracts. In no case will the Award be made until all necessary investigations have been made into the responsibility of the Bidder and the Town is satisfied that the Bidder(s) is qualified to perform the Work. B2.18 BID PROTEST PROCESS Any Bidder wishing to file a protest as to the requirements or award of this ITB must do so in accordance with Town Ordinance 12-142, Section 16, which is available at http://www.miamilakes-fl.gov. B2.19 EXECUTION OF CONTRACT The Successful Bidder must, within fourteen (14) calendar days after receiving a Notice of Award, sign and deliver to the Town the Contract Execution and Certificate of Authority forms attached hereto. Repair of Sidewalk Trip Hazards Bid No. 2018-40 B3 REQUIRED FORMS & AFFIDAVITS B3.01 COLLUSION Where two (2) or more related parties, as defined in this Article, each submit a response to an ITB7 such submissions will be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submission under such ITB. Related parties means employees, officers or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder for the same project. ITB responses found to be collusive will be rejected. Bids must be developed independently. Where two or more Bidders have worked together, discussed the details of their bids prior to submission of their Bids or worked together in independently submitting Bids such actions will be deemed to be collusion. B3.02 RELATIONSHIPS WITH THE TOWN AFFIDAVIT The Bidder must identify any relationship the owners or employees have with the Town's elected officials or staff using the Relationships with the Town affidavit found in Section H, Required Attachments. B3.03 CONFLICT OF INTEREST/ANTI-KICKBACK Bidder must complete and submit the Conflict of Interest, Anti -Kickback and Proposer's Relationships to the Town Affidavits found in Section H, Required Attachments, in its Bid. Bidder certifies that its Bid is made independently of any assistance or participation from any Town employee, elected official, or contractor working for or on behalf of the Town, who assisted in any aspect with the development, evaluation, or award if this or any solicitation issued by the Town. Town employees may not contract with the Town through any corporation, or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). Immediate family members, including spouse, parents, and children are also prohibited from contracting with the Town without the prior approval of the Town Council. Miami -Dade County Ordinance 2-11.1, Conflict of Interest & Code of Ethics ordinance or the provisions of Chapter 112, Part III, Fla. Stat., Code of Ethics for Public Officers and Employees, as applicable and as amended are hereby included into and made a part of this solicitation. B3.04 PUBLIC RECORDS AFFIDAVIT The Town shall comply with the Public Records Law as provided by Chapter 119, Florida Statutes, and all applicable amendments. Applicants must invoke the exemptions to disclosure provided by law in the response to the solicitation and must identify the data or other materials to be protected by separate envelope and must state the reasons why such exclusion from public disclosure is necessary. The submission of a response authorizes release of your firm's credit data to the Town. All prospective Bidders must complete and submit the Compliance with Public Records Law affidavit with their Bid. Failure to submit the completed affidavit may result in the Bid being deemed non- responsive. Bidders, by submitting the Compliance with Public Records Law affidavit, specifically acknowledge their obligation to comply with Section 119.0701, Florida Statutes. B3.05 PUBLIC ENTITY CRIMES ACT In accordance with the Public Entity Crimes Act, (Section 287.133, Florida Statutes) a person or affiliate who is a contractor, who had 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 the Town, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public Repair of Sidewalk Trip Hazards Bld No. 2018-40 work, may not submit bids on leases or real property to the Town, 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 the Town in excess of the threshold amount provided in Section 287.917, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by the Contractor will result in rejection of the Bid, termination of the contract, and may cause Contractor debarment. END OF SECTION Repair of Sidewalk Trip Hazards Bid No. 2018-40 SECTION C. GENERAL TERMS & CONDITIONS Cl GENERAL REQUIREMENTS C1.01 GENERALLY The employee(s) of the Contractor will be considered to be at all times its employee(s), and not employee(s) or agent(s) of the Town or any of its departments. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of the Contract a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the Town Manager or designee, should the Town Manager or designee make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff personnel have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses necessary to perform the Work, in a competent and professional manner. The Contractor must at all times cooperate with the Town, or the Consultant (if any) and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The Town, the Consultant (if any) and other agencies authorized by the Town, must have full access to the Project site at all times. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. C1.02 RULES AND REGULATIONS The Contractor must comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The Contractor must be familiar with all federal, state and local laws, rules, regulations, codes, and ordinances that affect the Work. Where portions of the Work traverse or cross federal, state, county or local highways, roads, streets, or waterways, and the agency in control of such property has established standard specifications, rules or regulations governing items of Work that differ from these specifications, the most stringent specifications, rules and regulations will apply. C1.03 HOURS FOR PERFORMING WORK All Work must be performed in accordance with the Town's Noise Ordinance No. 04-50 unless specifically stated otherwise herein or in a Work Order. Work to be performed outside these hours will require the prior written approval of the Project Manager. C1.04 SUBCONTRACTORS Subcontracting of any work under this Contract is not permitted, unless prior written approval is obtained from the Town Manager for work under a particular Work Order. In the event subcontractors are utilized, Contractor is solely responsible for all acts and omissions of its Subcontractors. Nothing in the Contract Documents creates any contractual relationship between any Subcontractor and the Town. Contractor is responsible for the timely payment of its Subcontractors and Repair of Sidewalk Trip Hazards Bid No. 2018-40 suppliers as required by Florida Statute Chapter 218.735. Failure to comply with these payment requirements will place the Contractor in default of the Contract. Contractor must not employ any subcontractor against whom Town may have a reasonable objection. C1.05 CONSULTANT SERVICES The Town, at its sole discretion, may hire a Consultant who may serve as the Town's representative for the Contract. Where a Consultant has been identified, the Consultant and the Project Manager will both have authority to act on behalf of the Town to the extent provided for in the Contract Documents, and where such authority has been delegated in writing by the Town Manager. C1.06 AUTHORITY OF THE PROJECT MANAGER The Town Manager hereby authorizes the Project Manager to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under the Contract Documents. The Project Manager may delegate some of the authority contained in this Article to a designee. The Contractor is bound by all determinations or orders of the Project Manager and must promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or designee shall have authority to act on behalf of the Town to the extent provided for by the Contract Documents, unless otherwise modified in writing by the Town. All instructions to the Contractor will be issued in writing through the Town Manager, Project Manager or designee. The Project Manager will not be responsible for the means, methods, techniques, sequences or procedures employed, or for safety precautions and programs in connection with the Work and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. All interpretations and recommendations of the Project Manager and Consultant will be consistent with the intent of the Contract Documents. Interpretation of the Contract terms and conditions will be issued by the Town's Procurement Manager. The Project Manager and/or designee will have authority to reject Work that does not conform to the Contract Documents. Whenever, in their opinion, it is considered necessary or advisable to ensure the proper completion of the Work the Project Manager or Consultant have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. The Project Manager's authority to act under this paragraph, or any decision made in good faith either to exercise or not to exercise such authority, shall not give rise to any duty or responsibility of the Project Manager owed to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. The Project Manager is not responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. C1.07 INDEPENDENT CONTRACTOR The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and Repair of Sidewalk Trip Hazards Bid No. 2018.40 agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the Town for any right or privilege applicable to an officer or employee of the Town, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. C1.08 THIRD -PARTY BENEFICIARIES Neither Contractor nor Town intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third party will be entitled to assert a claim against either of them based upon this Contract. C1.09 ASSIGNMENT OR SALE OF CONTRACT The performance of this Contract will not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the prior written consent of the Town. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors will each be deemed transactions that would constitute an assignment or sale hereunder. The Town may request any information it deems necessary to review any request for assignment or sale of the Contract. The Contractor must notify the Project Manager prior to any Assignment of the Contract, which must be approved by the Town for the transfer of the Contract. The Town may, at its sole discretion, elect not to approve the transfer of the Contract, which will result in the Contract being terminated in accordance with the Termination for Convenience provision of the Contract. Any transfer without Town approval will be cause for the Town to terminate this Contract for default and the Contractor will have no recourse from such termination. Nothing herein will either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. C1.10 TIME FOR COMPLETION Time is of the essence with regard to completion of the Work to be performed under the Contract. Delays and extensions of time may be allowed only in accordance with the provisions of the Contract. The time allowed for completion is provided for in the Special Terms & Conditions. C1.11 APPLICABLE LAW AND VENUE OF LITIGATION This Contract will be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions the sole venue will be Miami -Dade County, Florida. C1.12 NON-EXCLUSIVE CONTRACT This Contract shall not be deemed to create an exclusive relationship between the Town and the Contractor(s). The Town, In its sole discretion, reserves the right to perform, solicit or employ other parties or its own staff to perform Work or Services comparable to those covered herein. C1.13 SEVERABILITY In the event any provision of the Contract Documents is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision will be excised from this Contract, and the remainder of the Contract Documents will continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision must be made within seven (7) calendar days after the finding by the Court becomes final. Repair of Sidewalk Trip Hazards Bid No. 2018-40 C1.14 CONTRACT DOCUMENTS CONTAIN ALL TERMS The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents will be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. C1.15 ENTIRE AGREEMENT The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the Town and the Contractor and supersede all prior negotiations, representations or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents will not be deemed to be a waiver of any other breach of any provision of the Contract Documents. C1.16 INTENTION OF THE TOWN It is the intent of the Town to describe in the ITB the Work to be completed in accordance with all codes and regulations governing all the Work to be performed under this Contract. Any work, labor, materials and/or equipment that may reasonably be inferred from the Contract as being required to produce the intended results must be supplied by Contractor whether or not specifically called for in the Contract Documents. Where words, which have well-known technical or trade meanings are used to describe Work, materials or equipment, such words will be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, will mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids and Contractor must comply therewith. Town will have no duties other than those duties and obligations expressly set forth within the Contract Documents. C1.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications or any plans, or provision of the Contract Documents the following order of precedence will apply: 1. In the event of conflicts in the Contract Documents the priorities stated below will govern; 2. Revisions and Change Orders to the Contract will govern over the Contract; 3. The Contract Documents will govern over the Contract; 4. The Special Conditions will govern over the General Conditions of the Contract; and 5. Addendum to an ITB will govern over the ITB. In the event that Drawings and specifications are provided with the Contract the priorities stated below will govern: 1. Scope of Work and Specifications will govern over Plans and Drawings; 2. Schedules, when identified as such will govern over all other portions of the Plans; 3. Specific notes will govern over all other notes, and all other portions of the Plans, unless specifically stated otherwise; 4. Larger scale drawings will govern over smaller scale drawings; 5. Figured or numerical dimensions will govern over dimensions obtained by scaling; and 6. Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive, strict, or higher quality will govern. Repair of Sidewalk Trip Hazards Bid No. 2018-40 C1.18 ROYALTIES AND PATENTS All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. C1.19 PURCHASE AND DELIVERY, STORAGE AND INSTALLATION All materials must be F.O.B. delivered and included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading and installation of all equipment and material(s). Contractor must make all arrangement for delivery. Contractor is liable for replacing and damaged equipment or material(s) and filing any and all claims with suppliers. All transportation must comply with all federal, FDOT, Miami -Dade County, and Town rules and regulations. No materials will be stored on site without the prior written approval, using the appropriate Town form, by the Project Manager. The Town's Forms are available on the Town's website. C1.20 OWNERSHIP OF THE WORK The Contractor is solely responsible for all Work, until Final Completion of the Work. Contractor is liable for all damage, theft, maintenance, and safety until such time as the Town issues a notice of Final Completion of the Work. C1.21 TOWN LICENSES, PERMITS AND FEES In accordance with the Public Bid Disclosure Act, 218.80, Florida Statutes, each license, permit, or fee the Contractor will have to pay the Town before or during the Work or the percentage method or unit method of all licenses, permits and fees required by the Town and payable to the Town by virtue of the Work as part of the Contract are as follows: 1. Contractor must have and maintain during the term of this Contract all appropriate Town licenses. Fees for which must be paid in full in accordance with the Town's Fee structure for such licenses. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF TOWN LICENSE FEES. 2. During the performance of this Contract there may be times when the Contractor will be required to obtain a Town permit for such Work. It is the responsibility of the Contractor to ensure that he has the appropriate Town permits to perform such work as may become necessary during the performance of the Work. Any fees related to Town required permits in connection with this Contract will be the responsibility of the Contractor and will be reimbursed by the Town. Licenses, permits, and fees that may be required by County, State or Federal entities are not included in the above list. C1.22 TAXES Contractor must pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. Contractor shall include all sales and other taxes for which it is liable in its Bid price. C1.23 REMOVAL OF UNSATISFACTORY PERSONNEL Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. Repair of Sidewalk Trip Hazards Bid No. 2018.40 The Town may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor must respond to the Town within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The Town will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). C1.24 COMPLIANCE WITH APPLICABLE LAWS The Contractor must comply with the most recent editions and requirements of all applicable laws, rule, regulations, codes, and ordinances of the Federal government, the State of Florida, Miami -Dade County, and the Town. C1.25 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, & ADA Contractor will not unlawfully discriminate against any person, will provide equal opportunities for employment, and comply with all applicable provisions of the Americans with Disabilities Act in its performance of the Work under the Contact. Contractor will comply with all applicable federal, State of Florida, Miami -Dade County, and Town rules regulations, laws, and ordinance as applicable. C1.26 NOTICES Whenever either party desires to give written notice to the other relating to the Contract, such must be addressed to the party for whom it is intended at the place specified below; and the place for giving the notice will remain until it has been changed by written notice in compliance with the provisions of this Article. Notice will be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice will be deemed given on the date sent via e-mail or facsimile. Notice will be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For Town: Alex Rey Town Manager Town of Miami Lakes 6601 Main Street Miami Lakes, Florida 33014 reva@miamilakes-fl.gov For Contractor: Steven Sdankus President Florida Sidewalk Solutions 7051 SW 22nd Court Davie, Florida 33317 savanna@floridasidewalksolutions.com Raul Gastesi Town Attorney Town of Miami Lakes 6601 Main Street Miami Lakes, Florida 33014 rgastesi@gastesi.com Repair of Sidewalk Trip Hazards Bid No. 2018-40 During the Work the Contractor must maintain continuing communications with designated Town representative(s). The Contractor must keep the Town fully informed as to the progress of the Work under the Contract. C2 INDEMNITY & INSURANCE C2.01 INDEMNIFICATION The Contractor must indemnify and hold harmless the Town, its officers, agents and employees from and against all liability, claims, damages, losses and expenses, including reasonable attorney's fees and costs at both trial and appellate levels arising out of or resulting from the performance of the Work under this Contract, caused by negligence, recklessness, intentional misconduct, or any act or omission of the Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor will in no way limit the responsibility to indemnify, keep and save harmless and defend the Town or its officers, employees, agents and instrumentalities as herein provided. The Contractor agrees and recognizes that the Town will not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the Town participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the Town in no way assumes or shares any responsibility or liability of the Contractor or Subcontractor, under this Contract. The Contractor will defend the Town or provide for such defense at its own expense, at the Town's option. This indemnification obligation will survive the expiration or termination of this Contract. The Town has provided specific consideration for the indemnification of $10.00 from the sums due to the Contractor. under this Contract. C2.02 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES TO THE WORK Contractor accepts full responsibility for Work against all losses or damages of whatever nature sustained until acceptance by Town Manager or designee, and must promptly repair or replace, at no additional cost to the Town any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor is full responsible for Work against all losses or damages of whatever nature sustained until acceptance by Town, and must promptly repair or replace, at no additional cost to the Town any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. C2.03 DEFENSE OF CLAIMS Should any claim be made, or any legal action brought in any way relating to the Work under the Contract, the Contractor will diligently render to the Town all assistance which the Town may require of the Contractor. C2.04 INSURANCE Without limiting any of the other obligations or liabilities of Contractor, the Contractor must secure and maintain throughout the duration of this Contract, insurance of such type and in such amounts necessary to protect its interest and the interest of the Town against hazards or risks of loss as specified below. The underwriter of such insurance must be qualified to do business in the State of Florida, be rated "B" as to management and "Class V" as to strength or better as rated by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, The insurance carrier must have agents upon whom service of process may be made in the State of Florida. The insurance coverage will be primary insurance with respect to the Town, its officials, employees, agents Repair of Sidewalk Trip Hazards Bid No. 2018-40 and volunteers. Any insurance maintained by the Town will be in excess of the Contractor's insurance and will not contribute to the Contractor's insurance. The insurance coverages must include a minimum of: a. Worker's Compensation and Employer's Liability Insurance: Coverage to apply for all employees for statutory limits as required by the State of Florida's Statutory Workers' Compensation Law and all applicable Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $500,000 each accident and a waiver of subrogation. b. Comprehensive Business Automobile and Vehicle Liability Insurance: This insurance must be written in comprehensive form and must protect the Contractor and the Town against claims for injuries to members of the public and/or damages to property of others arising from the Contractor's use of motor vehicles or any other equipment and must cover operation with respect to onsite and offsite operations and insurance coverage must extend to any motor vehicles or other equipment irrespective of whether the same is owned, non -owned, or hired. The limit of liability must not be less than $500,000 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office. c. Commercial General Liability ("CGL"): This insurance must be written in comprehensive form and must protect the Contractor and the Town against claims arising from injuries to members of the public or damage to property of others arising out of any act or omission to act of the Contractor or any of its agents, employees, or subcontractors. The limit of liability must not be Tess than $1,000,000 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a primary and non-contributory basis and with a coverage form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and/or Operations; (2) Independent contractors and Products and/or completed Operations; (3) Broad Form Property Damage, Personal Injury and a Contractual Liability Endorsement, including any hold harmless and/or indemnification agreement. (1st) Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000) per project. Contractor must maintain in force until at least three years after completion of all Work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. (2nd) Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). (3rd) CGL Required Endorsements: a) Employees included as insured b) Contingent Liability/Independent Contractors Coverage c) Contractual Liability d) Waiver of Subrogation e) Premises and/or Operations Repair of Sidewalk Trip Hazards Bid No. 2018-40 f) Explosion, Collapse and Underground Hazards (if not specifically covered under the policy) g) Loading and Unloading h) Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed or rented by Contractor or employees of the Contractor. d. Certificate of Insurance Contractor must provide the Town Manager or designee with Certificates of Insurance for all required policies within fifteen (15) days of notification of a conditional award by the Town. The Certificates of Insurance must not only name the types of policy(ies) provided, but also must specifically cite this Contract and must state that such insurance is as required by this Contract. The Town reserves the right to require the Contractor to provide a certified copy of such policies, upon written request by the Town. Each policy certificate must be endorsed with a provision that not less than thirty (30) calendar days' written notice must be provided to the Town before any policy or coverage is cancelled, restricted, or a material change is made. Acceptance of the Certificate(s) is subject to approval of the Town Manager or designee. e. Additional Insured The Town is to be specifically included as an Additional Insured for the liability of the Town resulting from operations performed by or on behalf of Contractor in performance of this Contract. The Town must be named as additional insured under the CGL, business automobile insurance and umbrella policies. Town must be named as an additional insured under Contractor's insurance, including that applicable to the Town as an Additional Insured, must apply on a primary basis and any other insurance maintained by the Town will be in excess of and will not contribute to Contractor's insurance. Contractor's insurance must contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance must apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. All deductibles or self -insured retentions must be declared to and be approved by the Town Manager. The Contractor will be responsible for the payment of any deductible or self -insured retention in the event of any claim. C3 PUBLIC RECORDS C3.01 ACCESS, REVIEW AND RELEASE OF RECORDS Town will have the right to inspect and copy, at Town's expense, the books, records, and accounts of Contractor which relate in any way to the Contract. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. f. Public Records Bidder affirms, by virtue of bidding, that its Bid is a public record, and the public will have access to all documents and information pertaining to the bid and the solicitation, subject to the provisions of Chapter 119, Florida Statutes. Bidder acknowledges that the Town may provide public access to or provide copies of all documents subject to disclosure under applicable law. If the Project is funded by grants, either partially or fully, records will be made available to the granting agency in accordance with that agency's requirements, when necessary. Repair of Sidewalk Trip Hazards Bid No. 2018-40 Bidder is responsible for claiming applicable exemptions to disclosure as provided by Chapter 119, Florida Statutes, in its Bid by identifying the materials to be protected and providing a reason for why such exclusion from public disclosure is necessary and legal. g. Retention and Transfer of Public Records Upon termination by the Town or final completion of the Contract the Contractor must, in accordance with Section 119.0701 of the Florida Statutes, transfer to the Town, at no cost, all public records in possession of the Contractor and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All public record stored electronically must be provided in .pdf format or another format acceptable to the Town. Any payments due the Contractor will not be made until the Town receives the public records. Failure to return such documents will result in the documents being subject Chapter 119 of the Florida Statutes The Contractor must comply with the applicable provisions of Chapter 119, Florida Statutes and Town will have the right to immediately terminate this Contract for the refusal by the Contractor to comply with Chapter 119, Florida Statutes. The Contractor must retain all other records associated with this Contract for a period of five (5) years from the date of termination. Should the Contractor have any questions related to the application of Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating to this Contract, contact the Town's custodian of public records at the Office of the Town Clerk 6601 Main Street, Miami Lakes, Florida 33014 either in writing to by telephone at (305) 364-6100 or clerk@miamilakes-fl.gov. C4 CONTRACT MODIFICATION AND DISPUTE PROCESS C4.01 CHANGE ORDERS Without invalidating the Contract Documents, and without notice to any Surety, the Town reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the Town. The Town reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract, and which are within the general scope of the Contract Documents, and all such changes will be authorized only by a Change Order approved in advance and issued in accordance with provisions of the Town. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request ("CPR") or Request for Change Order ("RCO"), utilizing the Town's standard form, which must include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the Town may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's CPR/RCO. The Contractor's CPR/RCO must include any schedule revisions and an explanation of the cost and schedule impact of the proposed change on the Project. If the Contractor fails to notify the Project Manager of any schedule changes associated with the proposed change, it will be deemed to be an acknowledgment by Contractor that the proposed work will not have any scheduling consequences. Any changes to the Contract must be contained in a written Change order, using the Town's Change Order Form, executed by the both parties. However, under circumstances determined necessary by the Town, a Change Order may be issued unilaterally by Town. Repair of Sidewalk Trip Hazards Bid No. 2018.40 In the event a satisfactory adjustment cannot be reached, and a Change Order has not been issued or time is of the essence, the Town reserves the right, at its sole option to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work. Where the Town directs the Contractor to proceed on a time and materials basis, Contractor must maintain detailed records of all labor and material costs for review by the Town. For all Change Orders the Contractor will be entitled to a combined profit and overhead rate for Change Orders that will not be in excess of ten (10%) percent inclusive of all direct/indirect costs including labor, material, and equipment costs, unless the Procurement Manager determines that the complexity and risk of the Change Order work is such that an additional factor is appropriate. The final amount to be paid to the Contractor for Change Order Work is subject to negotiation between the Town and the Contractor. Failure by the Contractor to proceed with Change Order Work when so directed by the Town Manager or designee may result in the Contractor being found in default of the Contract. Contractor must utilize the Town's standard requests for change orders and change order forms unless otherwise specifically approved by the Town's Procurement Manager. The Town's Forms are available on the Town's website. C4.02 FORCE MAJEURE Should any failure to perform on the part of Contractor be due to a condition of Force Majeure as that term is interpreted under Florida law, then, the Town may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor must request a time extension from the Town within two (2) working days of said Force Majeure occurrence. Any time extension will be subject to mutual agreement and will not be cause for any claim by the Contractor for extra compensation unless additional services are required by the Town. A Force Majeure event does not include inclement weather except for significant weather events that adversely im pact the critical path of the Project Schedule, if required, or completion of the work, and does not include the acts or omissions of Subcontractors or suppliers. C4.03 EXTENSION OF TIME Any reference in this Article to the Contractor will be deemed to include suppliers, and permitted Subcontractors, whether or not in privity of contract with the Contractor for the purpose of this Article. If the Contractor is delayed at any time during the progress of the Work beyond the time frame or date provided for Final Completion by the neglect or failure of the Town or by a Force Majeure, then the Contract Time set forth in the Contract will be extended by the Town subject to the following conditions: 1. The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; 2. The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; 3. The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. A delay meeting all the conditions of the above, will be deemed an Excusable Delay, The Town reserves the right to rescind or shorten any extension previously granted if subsequently, the Project Manager determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, Repair of Sidewalk Trip Hazards Bid No. 2018-40 would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the Project Manager will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay must be made within five (5) calendar days after the time when the Contractor knows or should have known of any cause for a specific event, for which it may claim an extension of time and must provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The Project Manager may require the Contractor to furnish such additional information or documentation, as the Project Manager will reasonably deem necessary or helpful in considering the requested extension. The Contractor will not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager will endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor is obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike or interference of public origin which may delay the Project, the Contractor must promptly give the Project Manager a copy of the injunction or other orders and copies of the papers upon which the same was granted. The Town must be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction has been obtained and move to dissolve the same or otherwise, as the Town may deem proper. Where the Contractor is delayed for any period of time by two or more of the causes mentioned in Article C4.04, Excusable Delay, Non-Compensable, the Contractor will not be entitled to a separate extension for each one of the causes, only one period of extension will be granted for the delay. Any extension of time granted by the Town will be processed through the Change Order provisions of the Contract. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, will not waive the Town's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. C4.04 EXCUSABLE DELAY, NON-COMPENSABLE Excusable Delay is delay caused by either of the following: (i) circumstances that could not be foreseen and are beyond the reasonable control of Contractor, its subcontractors, or suppliers; or (ii) joint or concurrent action by Contractor, its subcontractors, suppliers or vendors and the Town. Then Contractor will be entitled only to a time extension and no compensation for the delay. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor must document its claim for any time extension as provided in Article C4.05. Failure of Contractor to comply with Article C4.05, as to any particular event of delay will be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Repair of Sidewalk Trip Hazards Bid No. 2018-40 C4.05 CLAIMS Contractor will only be entitled to submit a claim after submitting its request for additional compensation or time in accordance with Articles C4.03 and C4.04 of the Contract and the request(s) have been denied or the Contractor does not agree with the decision of the Town. Any claim for a change in the Contract time for completion of any Work, the Contract Term, or Contract price must be made by written notice by Contractor to the Town representatives identified in Article C1.26 within the timeframe established in Article C4.04, effective with the commencement of the event giving rise to the claim stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation must be provided unless the Procurement Manager allows an additional period of time to ascertain more accurate data in support of the claim. The written notice must be accompanied by Contractor's written notarized statement that the adjustment(s) claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims and disputes will be determined in accordance with the Contract. It is expressly and specifically agreed that any and all claims for changes to the Contract will be waived if not submitted in strict accordance with the requirements of this Article. The Town may require the Contract to submit its claim utilizing a specific format or forms to facilitate the Town's evaluation of the claim. The Town at its sole discretion may require that additional documentation or information be provided by the Contractor to assist in its review and evaluation of the claim. The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made as provided in this Article. Such delays include, but are not be limited to, acts or neglect by any separate contractor employed by Town, fires, floods, labor disputes beyond the control of the Contractor, epidemics, abnormal weather conditions (if applicable), or acts of God. The Contractor will not be entitled to an increase in the Contract price or payment or compensation of any kind from the Town for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be it reasonable or unreasonable, foreseeable or unforeseeable, avoidable or unavoidable. Contractor will only be entitled to an extension of the Contract Time for completion of the Work, as the sole and exclusive remedy for such resulting excusable delay. The Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the Town or any of its representatives and the Contractor agrees that any such claim will be compensated solely by an extension of time to complete performance of the Work due to an Excusable Delay as defined in Articles C4.03, and Article C4.04. The Contractor alone specifically assumes the risk of such delays, including, without limitation: delays in processing or approving any submittals to the Town or by the Town, or the failure to render determinations, approvals, replies, inspections, in a timely manner. Contractor will not receive monetary compensation for Town delay(s). Failure of Contractor to comply with this Article as to any particular event of claim will be deemed conclusively to constitute a waiver of any and all claims resulting from that particular event. C4.06 CONTINUING THE WORK Contractor must continue to perform all Work under the Contract Documents during all disputes or disagreements with Town, including disputes or disagreements concerning a request for a Change Order and no Work must not be delayed or postponed pending resolution of any disputes or disagreements. Repair of Sidewalk Trip Hazards Bid No, 2018-40 C4.07 FRAUD AND MISREPRESENTATION The Town may terminate this Contract or any other contracts with the Town with any person, individual, corporation, entity, or affiliate that attempts to meet its contractual obligations with the Town through fraud, misrepresentation or material misstatement. Such person, individual, corporation, entity, or affiliate will be responsible for all direct or indirect costs associated with termination or cancellation. C4.08 STOP WORK ORDER The Town may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order will be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the Town will either: 1. Cancel the Stop Work Order; or 2. Terminate the Work covered by such order as provided in Article C5.03, Termination for Convenience. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor must resume the Work without compensation to the Contractor for such suspension other than extending the time to complete any Work under the Contract or extending the Contract Term to the extent that, in the opinion of the Project Manager, the Contractor may have been delayed by such suspension. In the event the Project Manger determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor, or any other reason caused by Contractor's fault or omission, the Contractor will not be entitled to an extension of time or Contract Term or (Time) as a result of the issuance of a Stop Work Order. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the Town has directed such suspension, will entitle the Contractor to additional Contract time as non- compensable, Excusable Delay, and will not give rise to a claim for compensable delay. C4.09 MATERIALITY AND WAIVER OF BREACH Town and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. The Town's failure to enforce any provision of the Contract Documents will not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents will not be deemed a waiver of any subsequent breach and will not be construed to be a modification of the terms of the Contract Documents. C4.10 TIME IN WHICH TO BRING ACTION AGAINST THE TOWN In the event the Contractor may be deemed to have a cause of action against the Town, no action will lie or be maintained by the Contractor against the Town upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the Town or its agents, unless such action is commenced within six (6) months after the date of issuance of a final payment under the Contract, or if the Contract is terminated under the provisions of the Contract, unless such action is commenced within six (6) months after the date of such termination by the Town. C4.11 CONTRACT EXTENSION The Town reserves the right to extend the contract past the then -current term, including any exercised options to renew, for a period of up to ninety (90) days while the Town prepares a new contract for Repair of Sidewalk Trip Hazards Bid No. 2018-40 solicitation. Additional extensions beyond the initial 90 days may occur as -needed by the Town and as mutually agreed upon by the Town and the Contractor until the Town is able to award a new contract. In such event, the Town will notify the Contractor in writing of such extensions. C5 EARLY TERMINATION & DEFAULT C5.01 SET -OFFS, WITHOLDING, AND DEDUCTIONS The Town may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: 1. Any amount of any claim by a third party; 2. Any Liquidated Damages, and/or; 3. Any unpaid legally enforceable debt owed by the Contractor to the Town. The Town will notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, will be paid to the Contractor in accordance with the Local Government Prompt Payment Act C5.02 CONTRACTOR DEFAULT a. Event of Default An event of default means a breach of the Contract by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, includes but is not limited to, the following: 1. The Contractor has not performed the Work in a timely manner; 2. The Contractor has refused or failed to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; 3. The Contractor has failed to make prompt payment to Subcontractors or suppliers for any services, materials, or supplies provided to Contractor; 4. The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; 5. The Contractor has failed to obtain the approval of the Town where required by the Contract Documents; 6. The Contractor has failed in the representation of any warranties stated herein; 7. When, in the opinion of the Town, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work. b. Notice of Default— Opportunity to Cure Where an Event of Default ("Default") occurs under the Contract, the Town may at its sole discretion notify the Contractor, specifying the basis for such Default, and advising the Contractor that such Default must be cured within a time frame specified by the Town; or, the Contract with the Town may be terminated. The Town is under no obligation to issue such notification. The Town may grant an extension to the cure period if the Town deems it appropriate and in the best interest of the Town, without waiver of any of the Town's rights hereunder. The Town, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract with the Town. The Town Manager or designee may also suspend any payment or part thereof or order a Work stoppage until such time as the issue(s) concerning compliance are resolved. Repair of Sidewalk Trip Hazards Bid No. 2018.40 c. Termination for Default Where a Default is not cured within the time specified to cure the Default, the Town Manager in addition to all remedies available by law, may immediately, upon written notice to Contractor, terminate this Contract. Contractor understands and agrees that termination of this Contract under this Article will not release Contractor from any obligation accruing prior to the effective date of termination. In the event of termination by the Town Manager or designee, the Town Manager or designee may immediately take possession of all applicable documentation and data, material, equipment, and supplies to which it is entitled to under the Contract or by law. Where the Town erroneously terminates the Contract for default, the terminations will be converted to a Termination for Convenience, and the Contractor will have no further recourse of any nature for wrongful termination. C5.03 TERMINATION FOR CONVENIENCE In addition to cancellation or termination as otherwise provided for in the Contract, the Town may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice will state the date upon which Contractor must cease all Work under the Contract, and if applicable vacate the Project(s) site(s). Upon receipt of such notice, unless otherwise directed by the Town, the Contractor must Stop all Work on the date specified in the notice ("the Effective Date"); 1. Take such action as may be necessary for the protection and preservation of the Town's materials and property; 2. Cancel all cancelable orders for materials and equipment; 3. Remove all materials, supplies or equipment that may be used by the Contractor on other work; 4. Assign to the Town and deliver to the Town, at a site(s) specified by the Town, any non -cancelable orders for materials and equipment that can not otherwise be used by the Contactor on other work; 5. Take no action that will increase the amounts payable by the Town under the Contract Documents; and take reasonable measures to mitigate the Town's liability under the Contract Documents; and 6. All documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the Town. Failure to timely deliver the documentation will be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the Town. In the event that the Town exercises its right to terminate the Contract pursuant to the Contract Documents, the Town will pay the Contractor for the actual cost, or the fair and reasonable value, as substantiated by invoice documentation, of any non -cancelable material(s) and equipment that cannot be used elsewhere by the Contractor in the performance of its work. In no event, will any payments under this Paragraph exceed the maximum cost set forth in the Contract and the amount due hereunder may be offset by payments made to the Contractor or any claims made against the Contractor. Contractor will not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. C5.04 REMEDIES AVAILABLE TO THE TOWN The Town may avail itself of each and every remedy stated in the Contract Documents or existing at law or in equity. The exercise or the beginning of the exercise, of one remedy will not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. Repair of Sidewalk Trip Hazards Bid No. 2018-40 C5.05 FUNDS AVAILABILITY Funding for this Contract is contingent on the availability of funds and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days' notice. END OF SECTION Repair of Sidewalk Trip Hazards Bid No. 2018-40 SECTION D. SPECIAL TERMS & CONDITIONS D1 SCOPE OF WORK The Work consists of the inspection of Town sidewalks and repair of sidewalk trip hazards. Based on the criteria establish by the Town, the Contractor shall visually inspect, pre -identify, measure, and record sidewalk trip hazards suitable for repairs throughout the project area. The Contractor shall identify and record sections of sidewalk that meet Town criteria for slab removal and replacement throughout the project area. After the inspection is complete, and upon approval of the Town, the Contractor shall repair sidewalk trip hazards identified in order to achieve a contiguous level surface between slabs. The Contractor must furnish all labor, materials, equipment, and supervision required for the inspection of sidewalks and repair of sidewalk trip hazards. D1.01 SURVEY SPECIFICATIONS Before any repair work takes place, the Contractor shall survey the zone identified by the Town that work shall take place in and identify all vertical trip hazards in the project area that have slab displacements greater than 0.25" that would be candidates for repair. The Contractor shall note any slab with a displacement of greater than 2" and provide a report of such locations to the Town for replacement. During the survey, each identified location shall be assigned and marked with a site number. This number shall also be used to reference each site on the report. After the survey is complete, a report shall be submitted to the Town for review and approval before any work is to commence. The report shall include: • A list of all identified displacements categorized by site number, address, size of displacement, and estimated cost of repair for each location. • A list of all identified slabs with displacement in excess of 2" or meeting Town criteria for slab removal and replacement. Note these locations for the Town to consider for removal and replacement and provide a report with site number, address, GPS coordinates, and dimensions (ft) of slab replacement for each location. • A total number of trip hazards to be addressed and remedied. • A map with all identified site numbers included in the survey, as well as a KML file of the locations for Town use. D1.02 CONCRETE CUTTING SPECIFICATIONS After the survey, once approval is given by the Town, Contractor shall repair the sidewalk deviation to achieve a level surface. All equipment used in the process of repairing the sidewalk must fit on the sidewalk and not overhang the sidewalk, which may adversely affect landscaped areas. Contractor shall not cause damage to landscaping, retaining walls, curbs, sprinkler heads, utilities, etc., however, in such event damage is caused, Contractor shall be liable for all damages to the foregoing and the cost to restore damaged property to its pre-existing state. D1.03 LIMITATIONS • No storing of equipment or materials on the public right-of-way or private property shall be allowed. • All sidewalk repairs started in residential areas shall be completed by the end of the same work day in which they started. Sidewalk repairs through driveways of adjoining business properties shall be completed within two (2) hours. • The Town may direct repairs at locations other than construction joints. Repairs directed by the Town will be paid for at the unit prices specified on the Bid Form. • At no time shall the Contractor cause excessive dust — in the sole opinion of the Town —to be airborne. Any dust created by the repair process must be damped with water or immediately consumed by a vacuum system. If dust is remediated with water, any and all debris or slurry created as a result of Repair of Sidewalk Trip Hazards Bid No. 2018-40 the process must be cleaned the same day. Slurry must be immediately contained and will not be permitted to stand on the sidewalk or run into the parkway or residential property. • The Contractor shall take precautions during repair operations to not disfigure, scar, impair, or damage any surrounding surfaces including, but not limited to, sidewalk, driveway, roadway, steps, walls, railings, Tight poles, turf, or any public or private installations such as trees, irrigation, sprinkler heads, electric fences, etc. • All potential trip hazards marked for repair must be removed in accordance with the American with Disabilities Act (ADA) requirements with the resulting finish being ADA compliant. Each offset must be tapered at 1:12 slope and must have smooth uniform appearance and texture. • The finished result of each repair shall be taken to a zero point of differential settlement along the entire length of the repair and to both edges of the sidewalk to eliminate the potential for trip hazards the full width of the sidewalk. • The Contractor shall have an employee safety plan and shall employ safety procedures that ensure that bystanders or passersby will not be injured from the implementation of the work. After completion of repairs, the Contractor shall submit an invoice listing all trip hazard repairs made in the project area to match the survey. This list should include the survey site number, address, size of displacement, and final cost of repair for each location, as well as the total number of trip hazards remedied. D1.04 METHOD OF MEASUREMENT Repairs of sidewalks will be measured for payment in inch -feet of sidewalk repaired. The cost of cleaning each worksite shall be included in the priced indicated on the Bid Form. The quantity of sidewalk repair will be determined by multiplying the average sidewalk vertical separation height by the length of repair along the joint on each vertical separation in inch -feet. The Contractor is required to record and submit, with each invoice, the exact dimensions of each vertical separation removed per location. Depth shall be measured to the nearest 1/8 inch. D1.05 LOCATION OF WORK Work for this Contract shall take place within the corporate limits of the Town of Miami Lakes. Specific maintenance areas and zones for each Work Order are to be established by the Public Works Department. Once the Contractor receives approval from the Town to begin work, work shall be continuous until all work is complete. Any costs incurred for mobilization are considered incidental to this Contract. Work will generally cease when all identified locations for survey and repair have been addressed by the Contractor, or when the Town's allocated funds have been expended. D2 WORK ORDERS Work will be issued on an as -needed basis through the issuance of Work Orders, which may contain multiple work sites. Work Orders issued during the term of this Contract shall survive termination until the Work contained therein is completed and accepted by the Town. D3 CONTRACT TERM This Agreement will be effective upon execution by both parties and shall be for a period of three (3) years. The Town, at its sole discretion may exercise up to two (2) options to renew (OTRs) the Contract for additional one (1) year periods each. D4 TIME FOR PERFORMANCE OF THE WORK The timeframe for completion will be stated in each Work Order. Timeframes stated in any Work Order are mentioned because of their importance to the Town. Therefore, time is of the essence with respect to work under each particular Work Order. Repair of Sidewalk Trip Hazards Bid No. 2018-40 D5 PROGRESS PAYMENTS Contractor may make application for payment to the Project Manager for Work completed and accepted during the Project at intervals of not more than one invoice per month or upon completion and Final Acceptance of the Work. Contractor will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual Work performed. Payment Applications may be submitted in in hard copy form or electronically and the Contractor must only use the Town's Contractor Payment Application Form. Supporting evidence to be included with any application for payment includes any information required by the Project Manager. Each application for payment must be submitted in duplicate for approval. Town may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: • Defective Work not remedied. • Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or Town because of Contractor's performance. • Failure of Contractor to make payments properly to Subcontractors or for material or labor. • Damage to another contractor not remedied. • Liquidated damages and costs incurred by Town and/or Consultant for extended construction admin istration. • Failure of Contractor to provide any and all documents required by the Contract Documents. Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s) or another location, subject to the sole discretion and approval of the Project Manager. Where a payment request is made for materials or equipment not incorporated in the Project but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment may be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the Town's title to such materials or equipment, or otherwise protect the Town's interest, including applicable insurance in the name of Town and transportation to the Project site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. D6 INVOICES Contractor will provide the Town with one invoice for progress payments in accordance with Article D4 above. Multiple invoices will not be accepted, and the Town will not make payment based on statements of accounts. At a minimum the invoice must contain the following information: • Name and address of the Contractor • Contract number • Work Order number • Date of invoice • Purchase Order number • Invoice numbers (Invoice numbers cannot be repeated) • Description of Work performed or installed, including location(s) where the Work was performed • Unit prices of Work performed • Quantities of Work Performed or installed • Extended prices • Total value of the invoice Failure to include the above information will delay payment. Repair of Sidewalk Trip Hazards Bid No. 2018-40 The Town will take action to pay, reject or make partial payment on an invoice in accordance with the Florida Local Government Prompt Payment Act. No payments will be due or payable for Work not performed or materials not furnished or where the Work has not been accepted by the Town. If there is a dispute with regard to an invoice, the Town will pay the amount not in dispute and reject the remainder that is in dispute. The Contractor will be compensated at the unit prices specified in the Bid Form of the Contract. All payment(s) will be made in accordance with the State of Florida Local Government Prompt Payment Act. D7 PURCHASE AND DELIVERY, STORAGE AND INSTALLATION All materials must be F.O.B. delivered. The Contractor is solely responsible for the purchase, delivery, and installation of all equipment and material(s). Contractor must make all arrangement for delivery. Contractor is solely liable for receiving, inspecting, accepting, and for replacing any damaged equipment or material(s) and filing any and all claims with suppliers. All transportation must comply with all federal, FOOT, Miami -Dade County, and Town rules and regulations. Contractor is responsible for the protection of all equipment and material(s) from adverse weather conditions, damage, deterioration, and theft until the Work has been accepted by the Town. D8 REQUEST FOR INFORMATION The Contractor must submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications are unclear or conflict. All requests must be submitted in a manner that clearly identifies the specification section or drawing detail, if furnished, where clarification or interpretation is being requested. As part of the RFI, Contractor must include its recommendation for resolution. The Town will respond In writing. D9 WARRANTY Contractor warrants to the Town that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager, Contractor must furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. All Work must have a one (1) year warranty on labor from the date of Final Acceptance and the Contractor must provide such written warranty prior to the Town issuing final payment. Contractor must provide a minimum written warranty of one (1) year on all equipment, parts, or material unless the manufacturer provides a longer warranty. Where the manufacturer of the equipment, parts, or material provides a warranty greater than one (1) year or the time frame stipulated in a Contract, then the manufacturer's warranty term takes precedence. Contractor is required to provide the Project Manager a copy of the manufacturer's warranty prior to the Town issuing final payment. Manufacturer's warranties will become effective upon Final Acceptance of the Project. All warranties, expressed and/or implied, must be provided to the Town for material and equipment covered by the Contract Documents. All material and equipment furnished must be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the Town, the Contractor must correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project. Should the Contractor fail to perform any required warranty work the Town, at its sole discretion, may have the work performed by others, and deduct such costs from any monies due the Contractor from Repair of Sidewalk Trip Hazards Bid No. 2018-40 the Town. Where such funds are not available, the Town will bill the Contractor and Contractor shall reimburse the Town within thirty (30) calendar days. The Town may take any necessary and appropriate action provided under this Contract or with law to collect such payment due the Town. D10 LIQUIDATED DAMAGES The Contractor is obligated and guarantees to obtain final completion of projects within the timeframes established in the Contract, the Work Order, or any approved extension of time the Contractor may be granted by the Town. In the event of a delay in completion beyond the date established in the Contract or Work Order, the Contractor must pay to the Town for each and every calendar day of unexcused delay, which is hereby agreed upon not as a penalty but as liquidated damages. The per diem amount to be paid in liquidated damages shall be stated in each Work Order as applicable. The Contractor will be notified of any exceptions. The total amount of liquidated damages will not exceed the value of the Work Order. The Town has the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any contract the Contractor has with the Town. In case the amount available under contracts the Contractor has with the Town is less than the amount of liquidated damages due the Town, the Contractor must pay the difference upon demand by the Town. Should the Contractor fail to compensate the Town for any liquidated damages, the Town will consider this as a form of indebtedness and may deny any future Work under the Contract or any other Town contract until such indebtedness is paid in full to the Town. The Town will notify the Contractor in writing that it is incurring liquidated damages. D11 PROGRESS MEETINGS Contractor must hold progress and coordination meetings as required by the Project Manager or Consultant, to provide for the timely completion of the Work. D12 CONSTRUCTION PHOTOGRAPHS Prior to commencement of the Work the Contractor must take digital photographs and color audio - video recording to document existing conditions and submit copies in an acceptable format to the Town prior to commencement of the Work. Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Work. The number of photographs to be taken will be based on the magnitude of the Work being performed. Contractor must submit one copy of each photograph in print and digitally. D13 STAGING SITE The Contractor is solely responsible for making all arrangements for any staging site(s) that may be necessary for the performance of the Work and the Contractor shall be responsible for all site(s) security and any loss, damage or theft to Its equipment and materials. The Project Manager at its sole discretion may make a staging site(s) available for use by the Contractor. Contractor must not utilize the Staging Site for worker's parking without the prior written approval of the Project Manager. If such site is made available by the Town, the Town assumes no responsibility or liability, and the Contractor is responsible for any loss, damage or theft to its equipment and materials. The Contractor is also responsible for restoring the site(s) to its pre-existing condition prior to the Contractor's use of the site(s). D14 HURRICANE PREPAREDNESS During such periods of time as are designated by the United States Weather Bureau or Miami Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the Town, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has given notice of same, in accordance with the Miami -Dade County Code. Repair of Sidewalk Trip Hazards Bid No. 2018-40 Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the Town has directed such suspension, will entitle the Contractor to additional Contract time as non- compensable, Excusable Delay, and will not give rise to a claim for compensable delay. D15 PROJECT SITE FACILITIES The Contractor must arrange for all Project site facilities as may be necessary to perform the Work. Contractor's, supplier's, materialmen's personnel must not use the Town office or public restrooms that may be available at project site(s) without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The Contractor must provide and maintain at its own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Subcontractors must commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor must furnish an adequate supply of drinking water for its employees. There must be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the Town or the public. The location of the temporary facilities will be subject to the approval of the Project Manager. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager. The Contractor is required to obtain all necessary permits required for any Project site facilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor is responsible for removal and disposal of such facilities prior to Final Acceptance. D16 INSPECTION OF WORK The Project Manager, Inspectors, other Town representatives, and inspectors representing the Town and other public entities having jurisdiction over the Work shall at all times have access to the Work Should the Contract, or any laws, ordinances, or any public authority require any of the Work to be tested, Contractor shall provide timely notice of readiness of the Work for testing and timely notice shall be given of the date fixed for such testing so that the appropriate representatives of the Town, DERM, or other entities can be present for such testing. Contractor shall be responsible for making arrangements for all tests and for all associated costs for all required testing. The original copies of all testing reports are to be sent directly to the Project Manager by the testing firm, with a copy to the Contractor. The Town, at its sole discretion may conduct testing in addition to the required testing. In such instances the Town shall pay all testing costs unless the tests determine that the material, Work, or equipment is not compliant with the requirements of the Contract. In such instances the Contractor shall reimburse the Town for all incurred testing cost and the Contractor shall be responsible for any costs associated with re -testing to ensure compliance. Repair of Sidewalk Trip Hazards Bid No. 2018-40 Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract or to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of Project Manager or Consultant. D17 ACCEPTANCE AND FINAL PAYMENT After completion of any punch list work and after the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment will be issued by Project Manager, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the Contract terms and conditions. Before submission of the Final Certificate for Payment, Contractor must deliver to the Project Manager a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to issue final payment; the final corrected as -built drawings; operations and maintenance data, contractor's and manufacturer's warranties, and the final bill of materials, if required, and any other required documents. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Project Manager so certifies, Town may, upon such certification, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment will be made under the terms and conditions governing final payment, except that it will not constitute a waiver of claims. The acceptance of final payment will constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. D18 DEFECTIVE OR NON -COMPLIANT WORK The Project Manager has the authority to reject or disapprove Work that is found to be defective or not in compliance with the requirements of the Contract. If required, the Contractor will promptly either correct all defective or non -compliant Work or remove such defective Work and replace it with non- defective/non-compliant Work. Contractor will bear all direct, indirect and consequential costs of such removal or corrections. Re-examination of any of the Work may be ordered by the Project Manager and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, the Town will pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor will pay such cost. Should Contractor fail or refuse to remove or correct any defective or non -compliant Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the Project Manager, the Project Manager has the authority to cause the defective/non-compliant Work to be removed or corrected, or make such repairs or corrections as may be necessary at Contractor's expense. Any expense incurred by the Town in making such removals, corrections or repairs, will be paid for out of any monies due or which may become due the Contractor. In the event of failure of the Contractor to make all necessary repairs promptly and fully, the Town Manager or designee may declare the Contractor in default. If, within the warranty period required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from Town, must promptly correct such defective or nonconforming Work within the time specified by Town, without cost to Town. Should the Contractor fail to take such action the Town may take any necessary and appropriate action and hold the Contractor Repair of Sidewalk Trip Hazards Bid No. 2018-40 liable and responsible for all costs. The Town may take any action allowed under this Contract or in law to recover all such costs. Nothing contained herein will be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents, including but not limited to, any claim regarding latent defects. Failure to reject any defective Work or material does not, in any way, prevent later rejection when such defect is discovered, or obligate the Town to accept the defective Work. D19 UTILITIES D19.01 PROTECTION OF PROPERTY, UTILITIES, AND THE PUBLIC The Contractor must continuously maintain adequate protection of all its Work from all losses or damage and must protect public and private property, and utilities from injury or loss arising in connection with the Work, and take all necessary precautions to prevent accidents, injuries, or damage to persons or property on or near the Work. Contractor is solely responsible to restore all areas impacted by the Work, including but not limited to swale areas, existing structures, driveways and approaches, landscaping, drainage, and lighting to pre- existing conditions to the satisfaction of the Project Manager. D19.02 CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE Where the Contractor's operations could cause damage or inconvenience to telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor must make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the Work at least forty-eight (48) hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and its Subcontractors will be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the Town nor its officers or agents will be responsible to the Contractor for damages as a result of the Contractor's failure to protect property encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, Contractor must promptly notify the owner, any required regulatory authority, and the Project Manager. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair and any required interim measures to ensure safety. In no event will interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the Project Manager. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consu Itant. Repair of Sidewalk Trip Hazards Bid No, 2018-40 Replace with material approved by the Project Manager or Consultant, at Contractor's expense, any existing utilities damaged during the Work. D19.03 ACCESS TO WATER AND UTILITIES The Contractor is responsible for providing all water and power that may be required for the performance of the Work, including the use of a generator. The use of a generator may be subject to the prior approval of the Town's representative should the Work be in a primarily residential neigh borhood. The Town may at its sole discretion provide access to Town utilities and/or water should such be available at the Work site. However, the Contractor is responsible to ascertain the location and accessibility of utilities and potable water sources required for the Work. D20 COORDINATION OF THE WORK Prior to the commencement of the Work under the Contract, the Project Manager will make every effort, based on available information, to notify the Contractor of any ongoing or scheduled project(s) that will be ongoing or commence during the Work on a Project that may require coordination. The Contractor will be solely responsible for coordinating the Work with any other project(s) to minimize any potential adverse impact. Contractor will not be entitled to any days of delay for failure to properly coordinate the Work. The Project Manager may assist the Contractor in coordinating the Work. However, any such assistance, or lack thereof will not form the basis for any claim for delay or increased cost. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor must inspect and promptly report to Project Manager any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report will constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's Work. Contractor must conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor will be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor must inspect the Work already in place and must at once report to Project Manager any discrepancy between the executed Work and the requirements of the Contract Documents. D21 CLEANING UP; TOWN'S RIGHT TO CLEAN UP Contractor must, at all times, keep the Work site(s) free from accumulation of excess materials, waste materials or rubbish caused by its operations. At the completion of Work at a work site(s), Contractor must remove all its excess materials, waste materials and rubbish from and about the Project(s) as well as any tools, equipment, machinery and surplus materials or supplies. If Contractor fails to clean up during the performance of the Work or at the completion of the Work, Town may do so and the cost incurred will be charged to the Contractor. Any combustible waste materials must be removed from the work site(s) at the end of each day. Any paved areas including curbs and sidewalks which have been strewn with soil, sod waste, fertilizer or other waste must be thoroughly swept. The Town is not required to supply areas or facilities for storage or removal of waste on -site. Should the Contractor leave any open trenches at any time that Work is not being performed, the Town may have the open trenches covered and deduct any cost incurred from any outstanding payments due or to become due to the Contractor. The Town may also invoice the Contractor for all costs incurred in mitigating any open trenches. Repair of Sidewalk Trip Hazards Bid No. 2018-40 D22 METHOD OF PERFORMING THE WORK The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of the best quality is to be used, and interpretation of the Contract Documents will be made upon that basis. The Contractor must comply with the manufacturer's requirements for the handling, delivery and storage of all equipment and materials. Contractor must inspect all equipment and materials immediately prior to installation and must not install any damaged or defective items. Contractor must comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents. The Contractor must familiarize itself with normal Town operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager. The Work to be performed must be done in such a manner so as not to interfere with the normal Town operations. The manner in which the Work is performed will be subject to the approval of the Project Manager, whom if necessary, will have the authority to require changes in the manner in which the Work is performed. There must be no obstruction of Town services without the prior written approval of the Project Manager. All requests for such interruption or obstruction must be given in writing to the Project Manager twenty-four (24) hours in advance of the interruption of Town operations. If the Project Manager or Consultant reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the Project Manager, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the Project Manager, the Project Manager will have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project within the specified time. The Contractor must immediately comply with such orders at no additional cost to the Town. (3) The Town at its sole option may also have Work performed by a third -party contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles must not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage must be provided by the Contractor and any damaged curbing, drainage, grass areas, sidewalks or other areas must be repaired at the expense of the Contractor to the satisfaction of the Project Manager. Contractor is responsible to control dust and prevent it from becoming a public nuisance or causing off - site damage. Contractor must take all necessary and prudent measure to control dust. Depending on the nature of the Work the Project Manager may require a staging plan be submitted to and approved by the Project Manager prior to the start of construction and issuance of the Notice to Proceed. Such staging plan must be revised and resubmitted as necessary during construction. D23 SAFETY ISSUES Contractor is solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: Repair of Sidewalk Trip Hazards Bid No. 2018.40 1. All employees on the Project site and other persons who may be affected thereby; 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor must take all necessary precautions for the safety of employees in the performance of the Work on, about or adjacent to the premises, and must comply with all applicable provisions of Federal, State, and local laws, including, but not limited to the requirements of the Occupational Safety and Health Act of 1970, and amendments thereto, to prevent accidents or injury to persons on, about or adjacent to the premises where the Work is being performed. Contractor must notify owners of adjacent property and utilities when prosecution of the Work may affect them. The Contractor must comply with the OSHA "Federal Right to Know" Regulation, 29 CFR 1910, 1915, 1917, 1918, and 1926, regarding informing employees of toxic substances in the workplace, providing training, and emergency procedures. Contractor must adhere to applicable environmental protection guidelines for the duration of the Work. The Contractor must comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the Town, Miami -Dade County, State of Florida), which bear on the performance of the Work All open trenches or holes must be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non- working hours without the prior written approval of the Project Manager. The Contractor must provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. Contractor's duties and responsibilities for the safety and protection of the Work must continue until such time as all the completion of the Contract. D24 SUPERVISION OF THE WORK Contractor is responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract. Project Management includes, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that subcontractors comply with the requirements of the Contract; performing the Work in accordance with the Contract to the satisfaction of the Project Manager; paying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion, as applicable. Contractor must have a competent English-speaking supervisor ("Supervisor") who will represent the Contractor in the field and all directions given to the Supervisor will be as binding as if given to Contractor. Contractor will provide properly licensed personnel where such personnel are required by any rule, regulations, or law. Contractor and the Supervisor will give efficient and sufficient supervision to the Work, using their best skill and attention to ensure the Work is performed in accordance with the Contract Documents. The Project Manager and the Contractor as necessary during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor must publish, keep, and distribute minutes and any comments thereto of each such meeting. END OF SECTION Repair of Sidewalk Trip Hazards 81d No. 2018-40 CONTRACT EXECUTION FORM This Contract 2018-40 made this day oin the year &Kijn an amount not to exceed b_Ajtheck .t,n65 I y and between the Town of Miami Lakes, Florida, hereinafter called the "Town," and, ,ur � rare ,tiurwn u ���x�reinafter called the "Contractor." IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. uanzo, Town Clerk Legal Sufficiency: By: Ra41-6-astesi, Town Atiorney Signed, sealed and witnessld in the presence of: By: TOWN OF MIAMI LAKES Alex Rey, Town M CONTRACTOR Rl Dr i4a Si d(uv . L s (Contractor's Name) By: DJ — Name: "TEJ* St iott CA. s Title: Date: "l l 15' ( c< (*) In the event that the Contractor is a corporation, there shall be attached the original of the corporate resolution in the form contained in this Section, of the board of the corporation, authorizing the officer who igns the Contract to do so in its behalf. Florida Limited Liability FLORIIDA SIDEWALK SOLUTIONS LLC r PRINCIPAL ADDRESS 925 SW 42 TERRACE PLANTATION FL 33317 MAILING ADDRESS 925 SW 42 TERRACE PLANTATION FL 33317 Document Number 1 FEI Number Date Filed L05000064166 NONE 06/28/2005 State Status Effective Date FL ACTIVE NONE Total Contribution 0.00 Registered Agent Name & Address AIA REGISTERED AGENT INC. 92 SADBBRRY•ROAD UINCY FL. 32351 Manaer/Member Detail Name & Address CALLARI-SDANICUS, DIVA 925 SW 42 TERRACE PLANTATION FL 33317 SDANICUS,STEVEN; 925 SW 42 TERRACE PLANTATION FL 33317 Title MORM MORM httn://sunbiz.Orescripts/cardet.exe?a1=DETFIL&n 1=L05000064166&n2=NAMF WD&n3. , . 6/29/2005 Electronic Articles of Organization Florida Limited Liability Company Article I The name of the Limited Liability Company is: FLORIDA SIDEWALK SOLUTIONS LLC FiLED0B 00 AM June 2tI 2005 $ec. Of Mate jbryan Article II The street address of the prino al office of the Limited Liability Company is: 925 SW 42 TERRACE j PLANTATION, FL. 33317 The mailing address of the Liriiited Liability Company is: 925 SW 42 TERRACE PLANTATION, FL. 33317 Article III The purpose for which this Limited Liability Company is organized is: ANY AND ALL LAWFUL BUSINESS, Article IV The name and Florida street adress of the registered agent is; A 1 A REGISTERED AGENTINC. 92 SADBERR.Y ROAD QUINCY, FL. 32351 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: PAWL SMITH V.P. Article V The name and address of managing members/managers are: Title: MOM DINA CALLARI-SDANKUS 925 SW 42 TERRACE PLANTATION, FL. 33317 Title: MGRM STEVEN SDANKUS 925 SW 42 TERRACE PLANTATION, FL. 33317 Signature of member or an authorized representative of a member Signature: DINA CALLARI-SDANKUS FILED 8:001AM tune 28 2005 ec nOf tte ry+ EXHIBIT A. CONTRACTOR'S BID Repair of Sidewalk Trip Hazards Bid No. 2018-40 MIAMI ICLAKES Growing Beautifully BID FORM This Bid Is submitted on behalf of Fi ilikiLcVl('jsa,adaihereinafter `Bidder") located at (Name of Bidder) �D1-. 21.-r1G1 Cft.NA) ia•C,.Ft.? 2J 1 , submitted onLIle x`\,'J.DV. (Address) (Date) to furnish all Work as stated in the ITB and Contract Documents for ITB No. 2018-40 for Repair of Sidewalk Trip Hazards To: Town of Miami Lakes, Florida Attn: Town Clerk Government Center 6601 Main Street JVllaml Lakes. Florida 33014 This Bid Form is submitted as part of the Bidder's. Bid submittal ("Submittal") in response to the above stated ITB issued by the Town of Miami Lakes. Bidder has carefully examined all the documents contained In the ITB and understands all instructions, requirements, specifications, drawings/plans, terms and conditions, and hereby offers and proposes to furnish the products or services described herein at the prices, fees or rates quoted In the Submittal, and in accordance with the requirements, specifications, drawings/plans, terms and conditions, and any other requirements of the Contract Documents, Bidder has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the requirements under this ITB' and attests to meeting the minimum qualifications stated therein. All statements, Information and representations prepared and submitted in response to the ITB are current, complete, true, and accurate. Bidder acknowledges that the Town will rely on such statements, information, and representations in selecting a Bidder, and hereby grants the Town permission to contact any persons or entities identified in the ITB to Independently verify the information provided herein. No attempt has or will be made by the Bidder to Induce any other person or firm to not submit a response to this ITB and no personnel currently employed by the Town participated, directly or indirectly, in any activities related to the preparation of the Submittal. Bidder has had no contact with Town personnel regarding the ITB. If contact has occurred, except as permitted under the Cone of Silence, so state and include a statement identifying In detail the nature and extent of such contacts and personnel involved. The pricing, rates or fees proposed by the Bidder have been arrived at independently, without consultation, communication, or agreement, for the purpose of restriction of competition, as to any other Bidder or competitor; and unless otherwise required by law, the prices quoted have not been disclosed by the Bidder prior to submission of the Submittal, either directly or indirectly, to any other Bidder or competitor. 6601 Main Street • Miami Lakes, Florida, 33014 Office: (305) 364-6100 • Fax: (305) 558-8511 Website: www.miainilakes-fl,gov MIAMI��LAKES Growing Beautifully Bidder is not currently disqualified, de -listed or debarred from doing business with any public entity, including federal, state, county or local public entitles. If yes, Bidder must provide a detailed explanation of such disqualification, de -listing or debarment, Including the reasons and tlmeframe. The Bidder agrees, if this Bid is accepted, to timely execute a contract with the Town, pursuant to the terms and conditions of the Contract Documents and to furnish the documents, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to complete the Work. The Individual signing the Bid Form represents by signing, that he/she Is duly authorized to sign on behalf of the Bidder and that all information and documents submitted in response to the ITB are to the best of his/her knowledge are true, accurate, and complete as of the submittal date. BID PRICE Bidder's TOTAL BID AMOUNT includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required, In accordance with the Contract Documents. Task UM Unit Price Quantity Extended Price Repair of Sidewalk Trip Hazards Inch foot $ 5,700 In-ft � $ f n 1430 .00 TOTA1 BID`AMOUNT: $ (a q gO. CID Firm's Name: Horr IN a l F—CAD(L v 1 SSN or Federal ID No.;F Q 25), t.) (j Telephone No.: (&L)ti (u -1 1_ l � (Urdu .h4tKa I16(9)1tAl %simile No.: () LP tLP 1S'b J E-Mail Address; Ala 1,1e fi. Printed Name/Title?- VCj"t claytk-iiS Signature: Pre (0vv/Vt.e{1 Town/State/Zip: 6601 Main Street • Miami Lakes, Florida, 33014 Office: (305) 364-6100 • Fax: (305) 558-8511 Website: www.miamllakes-fl.guv SECTION F. FORMS & AFFIDAVITS Repair of Sidewalk Trip Hazards Bid No. 2018•40 q,1rA rY-r MIAMTY .LAKES Form CQQ Growing Beautifully Company Qualification Questionnaire Some responses may require ,the Inclusion of separate attachments. Separate attachments should be as concise as possible, while Including the requested Information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some Information may not be applicable, In such instances Insert "N/A". 1. How many years has your company been In business under its current name and ownership? a. Professional Licenses/Certifications (Include name and license #)* Nlia ;k ANutle,Cottrth Qc u ipf toric1ejc0 bawl-CCb. 9 0- L1161gA Palm ac lq C"�puu�$1 To R�� � � -1,O f Ccf oO LI Tvxt a nd cou;h f -r©,k ac c e i et - q - oqtQ .I Issuance Date 0(7 OP* NOVI tappau ("Include active certlficatlons of small or disadvantage business & name of certifying entity) 2. Type of Company: 0 Individual 0 Partnership tg. Corporation K LLC 0 Other If other, please describe the type of company: Page 1 of 7 L o s DL ot)1Q L 1�� r)nv-(p) et.. a. FEIN/EIN Number: r/0n'5S b. Dept. of Business Professional Regulation Category (DBPR): Iv0 (\CO.er N-_'b'QQ. C( c1 l�S . lSe I. Date Licensed by DBPR: 0 Q u CA~1/4\p Pc1/4,_.l II. Llcense:Number: C.:4vu-t'\ -L LA Lp v1 (S., c. Date registeredto conduct business I, 4t, c•_._ of Florida: t1 J'A05 nit? CU• i. Date filed: li. Document Number: d. Primary Office Location: e. What is your primary business? —fir \ kA411ra o U (t L---- (This an wer should be specific) Form CQQ Form CQQ MIAMIJ CLAKES Growing Beautifully f. Name of Qualifier, license number, and relationship to company: Q4eVe n .(larnkus, Eet000-Aca , P a iAcAcv } d QW ne,r g. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company: Sktve V1 C &V1 JL h. Name and Licenses of any prior companies Name of Company License Name & No. Issuance Date 3. Company Ownership a. Identify all owners or partners of the company: Name Title % of ownership bt (LC-OJlIri-ctankuc- C. c' 5I'/. den Lila kt,tc Pic.e'die vt+ 1-1 ci.1. b. Is any owner identified above an owner in another company? ❑ Yes No If yes, Identify the 'name of the owner, other company names, and % ownership Page 2 of 7 Form CQQ Form CQQ MIAMJCLAKES Growing Beautifully c. Identify all individuals authorized to sign for the company, Indicating the level of their a uthorlty (check applicable boxes and for other provide specific levels of authority) Signatory Authority No - All Cost Cost Other hrnt. C`Aillo+6 CciankLiS C'fto(hwiler 0 0 ❑ Name Title Explanation for Other: 0 ❑ 0 ❑ ❑ O ❑ 0 4. Employee Information a. Total No. of Employees: b. Total No. of Managerial/Admin. Employees: c. Number of Trades Personnel and total number per classification: (Apprentices must by listed separately for each classification) 5. Will a Labor Force Company be used to provide any workers? 0 Yes tg No 6. Employer Modification Rating: 7, Insurance & Bond Inforfnatlon: a. Insurance Carrier name & address: n t ate VU i I izes 43arre,1 P P Page 3 of 7 t' a Form CQQ MIAMI LAKES Growing Beautifully b. Insurance Contact Name, telephone, & e-mail: NA_ L c. Insurance Experience Modification Rating (EMR): i . '6 1 - (If no EMR rating please explain why) d. Number of Insurance Claims paid out In last 5 years & value: e. Bond Carrier name & address: g I IA f. Bond Carrier Cj)ntact Name, Telephone number, & Email: H. NIA Number of Bond Claims paid out in the last 5 years & value of each: NiA Form CQQ ►�- MEM MtrgnUL, M M. Lm 8. Have any lawsuits been filed against your company In the past 5 years? II' Yes 0 No If yes, In a separate attachment, identify each lawsuit and its current disposition. For each lawsuit provide its case number, venue, the year the suit was filed, the basis for the claim or judgment, Its current disposition and, if applicable, the settlement unless the value of the settlement Is covered by a written confidentiality agreement. 9. To the best of your knowledge, Is your company or any officers of your company currently under investigation by any lap enforcement agency or public entity. ❑ Yes j 1 No If yes, in a separate attachment, provide details including the Identity of the officer and the nature of the investigation. 10. Have any Key Staff or Principals (including stockholders with over 10% ownership) of the company been convicted by a Federal, State, County or Municipal Court of or do any Key Staff or Principals have any pending violations of law, other than traffic violations? 0 Yes i No Page 4 of 7 Form CQQ September 6, 2018 Lawsuit — Lexington Homes Estates Case # 50-2016-CA-013-027 Venue — Palm Beach County Year suit filed —June 13, 2017 Basis for Claim or Judgement — 3rd party bogus negligence claim Current Disposition — Case Dismissed August 29, 2018 Settlement — No settlement - Dismissed Form CQQ MIAMI) (LAKES Growing Beautifully If yes, In a separate attachment, provide an explanation of any convictions or pending action Including the name of the Key Staff member or Principal Involved and the nature of the offense. 11. Has your company been assessed liquidated damages or defaulted on a project In the past five (5) years? ❑ Yes 0 No If yes, In a separate attachment provide an explanation including the name of the project, the circumstances of default or assessed damages, and the ultimate disposition of the Issue. 12. Has the Bidder or any of its principals failed to qualify as a responsible Bidder, refused to enter into a contract ` after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? ID Yes No If yes, in a separate attachment provide an explanation including the year, the name of the awarding agency, and the circumstances leading to default. 13. Has the Bidder or any of Its principals ever been declared bankrupt or reorganized under Chapter 11 or put Into receivership? ❑ Yes ,X1 No If yes, in a separate attachment provide the date, court jurisdiction, action taken, and any other explanation deemed necessary. 14. Has your company beer) cited for any OSHA violations in the past five (5) years? ❑ Yes No If yes, In a separate; attachment provide a listing of ail such violations including the circumstances and disposition of each violation. 15. Project Management & Subcontract Details: Name the Project Manager ("PM") for this Project: Cy ,` [i , • ri / t'S J How many years has the PM been with the Company: Le '�-ec List all the PM's licenses & certifications: a. b. c. NIA Page 5 of 7 Form CQQ Form CQQ MIAMIJ'tLAKES Growing Beautifully d. List the last five (5) projects the PM worked on with the company. In a separate attachment, include the PM's role, scope of work, & value of each project. iAaw,LuulGliyli 1N-ellag1em of LcsYe.NarkccsKores, � cA.en u � �lacc Shv�i.�r�ln��rc�y Vi \1Ugr �-E Q I,,,f; &W��ATY) kk V49S e. List all Subcontractors that will work on this project: Name Trade/Work % of Work License No. NJ OA f. Scope of Actual Work to be Performed by your company and corresponding percentage of the work: Q-ri-v\o\tc, +.1 e V\lk/AV'ac, inv .4c cts) r=('C kQC1C g. Asphalt Plant: (provide the company name, address, contact name, phone no. & email address) 16. Current and Prior Experience: a. Current/Prior contracts or protects of a similar size, scope, and complexity: Provide an attachment to this Questionnaire that includes contracts or protects the Bidder considers of a similar, size, scope and complexity that the Town should consider in determining the Bidders responsiveness and responsibility. This attachment must Include the contracts or projects that meet the minimum number of contracts or projects identified in Section A of the solicitation. e e Ve vlctt.x- re vi c_e_S Page 6 of 7 Form CQQ 7rlp Hazard Removal Specialists September 6, 2018 Cristian Angel — Project Manager Role — Cristian Angel is responsible for supervising on site daily, checking cuts for ADA compliancy and quality of work. Deals with any questions or concerns working with contact on site. Scope of work. Deals with any issues and meets with officials. Check on crews. Provide progress reports as requested. Value of each project: 1. Hawks Landing - $15,491.42 2. Wellesley @ Lake Clarke Shores - $28,106.88 3. Bryden Village HOA - $17,586.00 4. Shaughnessy Village al Olympia - $13,157.66 5. Weston Lakes - $69,697.80 Form CQQ � MIAMI �L LAKES Growing Beautifully Information provided must include the owner's name, address and contract person, including telephorje & e-mail, title of contract or project, location of project, scope, initial value and final cost of the contract or project, projected and final timeframes for completion In calendar days. A verifiable reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. Bidders must use Form CRL for its reference letters. By signing below, Proposer certifies that the information contained herein Is true and accurate to the bes ropo 's knowledge. By: Signature of Authorized Officer SAC vP v� Qtkayl. V_Lt.c Printed Name Page 7of7 dke(« Date Form CQQ MIAMIJ LLAKES Growing Beautifully Experience of Proposer Questionnaire On the following pages, the Proposer shall provide the information Indicated for three (3), but no more than five (5) separate and verifiable references in a government market which are comparable in size, scope, complexity, and cost within the last five (5) years to meet the minimum requirements of the ITB. The same reference may not be listed for more than one (1) organization and confidential references shall not be included. References that are listed as subcontractors in the response will not be accepted as references under this solicitation. Entities having an affiliation with the Proposer (I.e. currently parent, subsidiary having common ownership, having common directors, officers or agents or sharing profits or liabilities) will not be accepted as references under this solicitation. The Procurement Department will attempt to contact the references provided by the Proposer to complete the Evaluation Questionnaire for references. The total number of references contacted to complete an Evaluation Questionnaire for Past Performance for any response will be at least three (3), but no more than five (5). References should be available for contact during normal business hours, 9:00 AM — 5:00 PM, Eastern Time. The Department will attempt to contact each reference by telephone no less than two times. References will be given seven (7) business days to confirm Proposer's performance In order to be considered a "verified reference." In the event the contact person indicated cannot be reached following four attempts or is unwilling to provide the requested Information, the reference will be considered "unverified" for purposes of this ITB. It is the Proposer's responsibility to provide complete and accurate Information for each reference, the Procurement Department will not correct incorrectly supplied Information. No claim of lack of information or error will relieve Proposer of this responsibility. Procurement reserves the right to contact references other than those identified by the Proposer to obtain additional information regarding past performance. Any Information obtained as a result of such contact may be used to determine whether or not the Proposer Is a "responsible vendor", as defined in section 287.012(25), Florida Statutes, as may be amended from time to time. Form CR MIAMIT CLAKES Growing Beautifully Vendor Reference Form Reference #1 (required) colProposer'sName:'fDr�66 ( CLU�c U2tO,t].' Reference's Name:TOW n 'i "t" Nth kx' 1-61,LQ Address: 01 'l D 111_.6 bVse a. Q 1 \ v (/l 10,UL-tier 61 G 1 R. 3.1 cgq Name of Protect: di W a ,i.K Tr ii 0 14voLrid .kep c.,:ys Contact Person (Name/Title): A\ -eA - , Wo S NY ity Contact Telephone ( 1- ; - _i 2Contact E-Mail Address:A{ U,rI In-4-e. j 1,.1('+i-v ieyba .-.F Location of services:I—OW ► 'i 1') -4' C., GL4-fir a-1 Initial Contract Value: $ O M Final Contract Value: $ 1°4, 111Q DO Is the Contract still active?: X Yes ❑ No Number of Change Orders: 0 Start Date: O2 J 01 I /0 14 Completion Date: o': 1 P1 VYD Brief description of the scope of work performed for this reference: qVAetAlet. ( I[_ TV -1 �� r� rj e i rS Attemptl IJ Attempt 2 0 Attempt 3 ❑ Attempt 4 FOR OFFICIAL USE ONLY Time and Date Tine and Date Time and Date Thne and Date ❑ 0 Message Left Verified O 0 Message Left Verified O 0 Message Left Verified ❑ 0 Message Left Verified Form CR MIAMIJ'[LAKES Growing Beautifully Vendor Reference Form Reference #2 (required) I� /)1 n' Proposer's Name:FiD liAtL. �C Uv(� i��C�' c r Reference's Name: 1, ( RfSU5.Hr tA .t &N I Address: ` V1 �! �� S �, l� �i Ave t\kiU anru _tit_titName of Project:QCike�(� , Trio �� rr()1 7 �(4(y' Contact Person (Name/Title):A uitaLe _C '1 1 rc r rb -e g (PubL(c. rVs pro\ck M/1(�) k J"rt? - Contact Telephone -12ti Contact E-Mall Address:�_4C ar ner P-05C . Q(lt'Y1i'Iar ..(j Location of Services: t ."I " O-f ,1_f'i1 M a rvu, Initial Contract Value: $ Final Contract Value: $ 1 l ) 1 76 • 1 g Is the Contract still active?: ❑ Yes ‘KJ No Number of Change Orders: lJ Start Date: Mi. tM (� f 2-0J Completion Date: O� I (i 2.0 ( Co1 ( I ` Brief description of the scope of work performed for this reference: 441Ao _,e Yr i () +Iva cool r .r S ❑ Attempt 1 ❑ Attempt 2 ❑ Attempt 3 ❑ Attempt 4 FOR OFFICIAL USE ONLY Time and Date Tune and Date Time and Date TIine and Date ❑ 0 Message Left Verified ❑ 0 Message Left Verified ❑ 0 Message Left Verified O 0 Message Left Verified Form CR MIA,MI )YC LAKES Growing Beauti fully Vendor Reference Form Reference #3 (required) Proposer's Name: 'f" br j f.1 cu girte wcLL1/ Reference's Name:() (A/{A) 1i MI CI 1 I e p Address: (P lent M �� Pr ems. c'�-� {�(�_ P (n YY(( La re i . P . 3 D i If - Name of Project: �r (p u rd a(' , a Ks- Contact Person (Name/Title): C CUr kx ACnc�--�a 'C�'f P L(. V I i c, I n 1Q r 4 s C" l V V 4...,. ) Contact Telephone ; �ej 7(9Contact E-Mail Address:'AO-Dart1.,e, nli( nil I a V-e... -4 (.qO Location of ServicesfnWn Of- .' (1.M ( . (A L f5 Initial Contract Value: $ 20 0),0Q0 . DQ Final Contract Value: $ 509_ l . Oro Is the Contract still active?: 0 Yes No Number of Change Orders: Start Date: 03( I) ('W14 Completion Date: Brief description of the scope of work performed for this reference: Inta.t. i moVn GUI WVV..e9(nU - FOR OFFICIAL USE ONLY ❑ Attempt 1 0 0 Titre and Date Message Left Verified 0 Attempt 2 0 0 Tithe and Date Message Left Verified 0 Attempt 3 0 0 Time and Date Message Left Verified ❑ Attempt 4 0 0 Time and Date Message Left Verified Form CR MIAMIRLAKES Growing Beautifully Vendor Reference Form Reference #4 (optional) Proposer's Name: F tor( GIG( ( rite . £'V u &ILE-11041-c Reference's Name: 0,i ' , Df P I arrizL ,,( Address: —1 GO R V' Gus+Pcw, P t ctv 1 r\ ., Name of Project: 'Ic Gi.,Llc_ - l ihi 0 C1',( rcl 2e (.0 r Contact Person (Name/Title):Ed.UI(ad C 1 flc4u( t (P(k,haC, V\1 0r1eS hineetY) Contact Telephone ik,C694-,452.:- 252)g Contact E-Mall Address: �.on c C� a n-f t-�-bn• O+ I✓ Location of Services: l i, IN Df jr a I/-4'O-'1-21 Dy) Initial Contract Value: $ N ifit Final Contract Value: $ 11 , 39-F6 , Is he CoPntract still active?: 0 Yes ❑ No Number of Change Orders: 01 (I 5(1.13 f ch Start Date: Di I ',2( 70 I q., Completion Date: n 1( (6 i ) is Brief description of the scope of work performed for this reference: CSC‘e WR i-1-r'c I'\X1&i pP ❑ Attempt 1 ❑ Attempt 2 ❑ Attempt 3 ❑ Attempt 4 FOR OFFICIAL USE ONLY Tune and Date TIFne and Date Tune and Date TIhle and Date ❑ 0 Message Left Verified ❑ 0 Message Left Verified ❑ 0 Message Left Verified ❑ 0 Message Left Verified Form CR MIAMI XLAKES Growing Beautifully ADDENDUM ACKNOWLEDGEMENT FORM Solicitation No.: �i0 Listed below are the dates of issue for each Addendum received in connection with this Solicitation: Firm's Name: Authorized Representative's NName: Title: Pr-m-1 dC (\ 1 l t»\ Authorized Signature: Addendum No? ( Dated Addendum No , Dated Addendum No , Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated ❑ No Addendum issued for this Solicitation F torVC,ii (� is ( gut l,I�f1cSY1. clote k-ttc �,r 'Y� MIAMIi LAKES Growing Beautifully IT8 2018-40 Repair of Sidewalk Trip Hazards Addendum #1 Due Date: 3:00 PM, September 12, 2018 This addendum Is incorporated Into and made a part of the Request for Qualifications ("RFQ"). The following may include clarifications, revisions, additions, deletions, or answers to questions received relative to the RFQ, which take precedence over the RFQ documents. Underlined word(s) indicate additions. Deletions are indicated by strikethrough. Clarifications 1. The Proposal Due Date is hereby extended from 11:00AM, September 4, 2018 to 3:OOPM September 12, 2018. Acknowledgement: b%\r'tk &\\OLI6 QO M Name of Signatory Title Cd2, Da e l'rL'G qS:Pa„A<G(A2�2 Signature Flor14t Qi ru,a(V I -6/1 Name of Bidder 2018-40 Repair of Sidewalk Trip Hazards Addendum 1$1 Date Posted: August 31, 2018 Y` MIAMII[LAKES Growing Beautifully ITB 2018-40 Repair of Sidewalk Trip Hazards Addendum #2 Due Date: 3:00. PM, September 12, 2018 This addendum is incorporated Into and made a part of the Request for Qualifications ("RFQ"). The following may Include clarifications, revisions, additions, deletions, or answers to questions received relative to the RFQ, which take precedence over the RFQ documents. Underlined word(s) Indicate additions. Deletions are indicated by strikethrough. Questions 1. Can bidders use current contracts with the Town as references to satisfy the minimum qualifications? Response: Yes. 2. Will the Town consider private entities as references to satisfy the minimum qualifications? Response: No. 3. Will the Town reconsider using inch foot as the unit of measure for the bid? Response: No. An inch -foot is defined as the average inch height of the trip hazard multiplied by the linear foot of the hazard. For bidders whose pricing is based on linear foot, they may assume that one (1) inch -foot Is the equivalent of one (1) linear foot, for purposes of bidding. 4. Is there a bid bond or a performance bond required for this contract? Response: There are no bonds required for this contract. Acknowledgement: Bre\)EA SD R4fGAS Name of Signatory94- Signature Lk66!b -- Tit e Y/lo b ate Name of Bidder 2018-40 Repair of Sidewalk Trip Hazards Addendum 42 Date Posted: September 7, 2018 MIAMI�YLLAKES Growing Beautifully ITB 2018-40 Repair of Sidewalk Trip Hazards Addendum #3 Due Date: 3:00 PM, September 19, 2018 This addendum is incorporated into and made a part of the Request for Qualifications ("RFQ"). The following may include clarifications, revisions, additions, deletions, or answers to questions received relative to the RFQ, which take precedence over the RFQ documents. Underlined word(s) indicate additions. Deletions are indicated by strikethrough. Clarifications: 1. The Response to Question #3 In Addendum #2 Is hereby revised as follows: "Response: No. An inch -foot is defined as the average Inch height of the trip hazard multiplied by the linear foot of the hazard. Bidders must provide pricing by the inch -foot unit of measurement." Except as set forth above, the Response Is unaffected and shall continue in full force and effect in accordance with its terms. 2. The Bid Opening is hereby extended from 3:OOPM, September 12, 2018 to 3:OOPM, September 19, 2018. Acknowledgement: i_____ Name of Sig atory Signature PrN,A61/KA- otA/Rpc I I Title ctt`tfllK Date F Sbitr*IS Name of Bidder 2018-40 Repair of Sidewalk Trip Hazards Addendum 83 Date Posted: September 10, 2018 CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of ,Flo! QicletNat IL- t(I I a corporation organized and existing under the laws of the State of no ri , held on the day of �nn ..(Act, a resolution was duly passed and adopted authorizing (Name — V(i\ VIA as (Title egIde \ f of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand thls', day of Secretary: b 2— for iF/': eiNd- CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of the Board rectors of , a partnership organized and existin: nder the laws of the State of , held on the _day of , a resolutio as duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution reof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agree Partner: nt remains In full force and effect. IN WITNESS WHEREOF, I ave hereunto set my hand this , day of , 20_ Print: CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) divldually and doing business as (d/b/a) (If Applicable) e executed and am bound by the terms of the Bid to which thls attestation Is attached. IN WITNESS WHEREOF, I have hereunto set my h d this day of , 20_. Signed: Print: NOTARIZATION STATE OF IF o 6001 SS: COUNTY OF 9,rowcurcA The foregoing instrument was acknowledged before me this i24h day of pArtryk‘ger , 201C, by t�no C`,,a(Viv 4a VI V.tic, who is kersonOly known to me or who has produced as identification and who ('did did not) take an oath, CtA/LAL-ek,d3t1E) NATURE OF NOTARY PUBLIC STATE OF FLORIDA va (nha h PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 4401:° t, RAVANNANHARg18 MY COMMISSIQN t FF901912 F XPIRES. August 8, 2019 Jap7er NwwtdTin,0411Notary Sei* SWORN STATEMENT ON PUBLIC ENTITY CRIMES SECTION Z87,133t31ta1. FLORIDA STATUTES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement Is submitted to the Town of Miam lakes (Sir W) ( 5danY js / i'csid ei't [print individual's name and title) Alanola l S/ct'kJs for 7/ ��l/�ire [print name of entity submitting sworn statement) whose business address is by 7o57 (W z2,4 Cpter - flae, Ft (333/7 and (if applicable) Its Federal Employer Identification Number (FEIN) Is J�� 2J ZQ95. r (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)9g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or the United States, Including, but not limited to, any bid or contract for goods and services to be provided to any public entity or an agency or political subdivision of any other state or of the United States involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentationL 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a findingiof guilt or a conviction or a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or Information after July 1,1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand than an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest In another person, or a pooling of equipment or Income among persons when not for fair market value under an arm's;Iength agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters Into a joint venture with a person who Form PEC has been convicted of a public entity crime In Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter Into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" Includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an entity. 6. Based on information and belief, the statement that I have marked below is true in relation to the na�ttl r submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, part ,Sers,`shareholders, employees, members, or agents who are active in the management of the entity, not any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ,a, This entity submitting this sworn statement, or one or more of Its officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBUC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBUC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINEDI"IN THIS FORM. BEFORE ME, the undersigned authority, personally appearecaVY1 a[Illhkljsto me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that fUU(V1 Cdi%nV-I,l t executed said Affidavit for the purpose therein expressed. WITNESS, my hand and official seal thisitillay of mmission Expires: No ary Public State of Florida at Large 44:I. , SAVANNAH HARWB * MY COMMISSION N FF 937872 EXPIRES: August 8, 2019 %or nt° Bonded ThN 8ud111Nohry Swim Form PEC NON -COLLUSIVE AFFIDAVIT State offiDrIe1O1 } SS: County °RAM t'lr)�}/�,} Urn hail at, being first duly sworn, deposes and says that: a) He/she Is the chvnip. it , (Owner, Partner, Officer, Representative or Agent) of flr)I()cll1 Yelfultni ct)(UL'h in , the Bidder that has submitted the attached Proposal; b) He/she Is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; c) Such Proposal Is genuine and is not collusive or a sham Proposal; d) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from proposing in connection with such work; or have in any manner, directly or indirectly, sought by person to flx the price or prices in the attached Proposal or of any other Bidder, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; e)Price or prices quoted In the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of Its agents, representatives, owners, employees or parties In interest, including this affiant. Signed, sealed and delivered In the presence of: /4 BEFORE ME, the undersigned authority, known by me to be the person d cribed acknowledged to and before me that Cveil therein expressed, WITNESS, my hand and official seal thl day of'��pk My Commission Expires: iary Public State of FIorTdaarge :::-k' SAVANNAH HARRIS it MY COMMISSION IFFMan EXPIRES:AugueI6,2019 frre, BondidTnNBudSdMiry Wks By: 901- (Pr . ted Name) CS/ br.xT /60jaf.ia—. (Title) � personally appeared,e)�__11e41411ke to me well known and herein and who executed the foregoing Affidavit and 4,1P LLS executed said Affidavit for the purpose Form NCA STATE OF FLORIDA COUNTY OF MIAMI-DADE } } } ANTI -KICKBACK AFFIDAVIT SS: I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the Town of Miami Lakes, its elected officials, and or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation, BEFORE ME, the undersigned authority, personally appearedme well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that Affidavit for the purpose therein expressed. WITNESS, my hand and official seal thi My'Commission Expires: a at Large 414:::14, SAVANNAH HARRI8 MY COMMISSION I FP 9p7872 EXPIRES:August9,2019 TM. ` Doled lbw BOA Navy Berko aInk_.uS executed said Form AK State of F(I h 4L4 ) ) SS: County o� ) ceven lfdes CONFLICT OF INTEREST AFFIDAVIT being first duly sworn, deposes and says that he/she is the (Owner, Partner, Officer, Representative or Agent) ofthe Proposer that has submitted the attached Proposal and certifies the following; Proposer certifies by submitting its Proposal that no elected official, committee member, or employee of the Town has a financial interest directly or indirectly In this Proposal or any compensation to be paid under or through the award of a contract, and that no Town employee,.nor any elected or appointed official (including Town committee members) of the Town, nor any spouse, parent or child of such employee or elected or appointed official of the Town, may be a partner, officer, director or employee of Proposer, and further, that no such Town employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Proposer. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any contract award containing an exception to these restrictions must be expressly approved by the Town Council, Further, Proposer recognizes that with respect to this solicitation, If any Proposer violates or is a party to a violation of the ethics ordinances or rules of the Town, the provisions of Miami - Dade County Code Section 2-11.1, as applicable to Town, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or services for which the Proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to the Town. The terms "Proposer".as used herein, includes any person or entity making a bid or proposal to the Town to provide goods or services. Proposer further certifies that the price or prices quoted In the Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Wi Hess c�— (Printed Name) "Pk C51 tot5N.1—A 0314ta-- (Title) BEFORE ME, the undersigned authority, personally appeared iSto me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me thatc-Aekerl gAnkli.t. executed said Affidavit for the purpose therein expressed. WITNESS, my hand and official seal this day of ommission Expires: otary Public State of Florida at Large r44. SAVANNAH HARMS * * MY COMMISSiON. PRISM EXPIRES; Augusl8, 2010 rpoi, BondidThasudoMarySake% Form COI COMPLIANCE WITH PUBLIC RECORDS LAW The Town of Miami Lakes shall comply with the Public Records Law as provided by Chapter 119, Florida Statutes, and all applicable amendments. Applicants must Invoke the exemptions to disclosure provided by law in the response to the solicitation and must identify the data or other materials to be protected by separate envelope, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a response authorizes release of your firm's credit data to the Town of Miami Lakes. If the company submits information exempt from public disclosure, the company must identify with specificity which pages/paragraphs of their submittal/proposal package are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the Town in a separate envelope marked "EXEMPT FROM PUBLIC RECORDS LAW". Failure to identify protected material via a separately marked envelopment will cause the Town to release this Information in accordance with the Public Records Law despite any markings on individual pages of your submittal/proposal. (a) CONTRACTOR acknowledges TOWN'S obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that TOWN Is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. (b) CONTRACTOR specifically acknowledges Its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by TOWN in order to perform the services required under this Agreement; 2. Provide the public with access to public records on the same terms and conditions that TOWN would provide the records and at a cost that does not exceed the cost provided In Chapter 119, Florida Statutes, or as otherwise provided by law; 3, Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and 4. Meet all requirements for retaining public records and transfer, at no cost to the TOWN, all public records In possession of CONTRACTOR upon termination of thls Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to TOWN In a format that Is compatible with the information technology system of TOWN. (c) Failure to comply with this Section shall be deemed a material breach of this Contract for which TOWN may terminate this Agreement immediately upon written notice to CONTRACTOR. By submitting a response to this solicitation, the company agrees to defend the Town in the event we are forced to litigate the public records status of the company's documents. Company Name: i" f or (C`W'i c).1,i6coa( IL4A'm. e P Authorized representative (print): ""leG11i �-l-1 S Authorized representative (signatu - -`. ,+ .V„ Date: q — 1 2, MIAMIJY�LAKES Growing Beautifully PUBLIC RELATIONS AFFIDAVIT Bidder's Name: E17r C C1 cicte 'Ua (C_Ciak licitation No.: ) —1 0 By executing this affidavit, Proposer discloses any personal or business relationship or past experience with any current Town employee or elected representative of the Town. Proposer shall disclose to the Town: a) Any direct or Indirect personal Interests in a vendor held by any employee or elected representative of the Town. Last name First name Relationship Last name First name Relatlonshlp Last name First name Relationship b) Any family relationships with any employee or elected representative of the Town. Last name First name Relatlonshlp Last name First name Relatlonshlp Last name Sthoriz Signature First name Relationship geveC,dan le- u S Date: Print Name Title: CERTIFICATE No. 01 DATED June 28, 2005 01 I�11 -',�: RECEIVED CERTIFICATE No 01 FOR Forty-nine (4 9 ) ON June 28, 2005 NAME ISSUED TO Steven Sdankus UNITS ADDRESS 925 S.W. 42 Ter -race ORGANIZED UNDER THE LAWS OF THE STATE OF FLORIDA 4 g e tVIG to Plant -at inn, Fr. "11317 Florida Sideway Solutions LLC This terrifies That STEVEN SDANKUS A LIMITED LIABILITY COMPANY a� FORTY-NINE (d9) o�t�ie aaarse-imcr d 4, Wempari9 /ra/44,12a or74 orb lie .4arfl .Mile . nu de ea Fri iti� garn3rmse, 4r� file �ia4-p:Y o.4a/.%ay� ed aCComei� C72.0/r. �s 9risrc4der o�J/i.1 WePtAatelzr%ze4e/%461. 2ede? 4 dt /die le z.1 a/zei/zrciv4eJ ark nzeriz e.,1 .14e(f ed fa t4 diliei aim= ai+o1a a.1 more /4Jet ,S d fiz tie Warrmizarf" d .SO-kde.i 6,1 a'zz,z r aiirr rcenre2//�ee1 AP /l1 . ira d W rzyzarrj .97,arzo r it/°reie G /.1.ia49, et to re.1t ictiorzs ut fife look a/tire � z4r dazlee4 Warzrzarr In Witness Itiliereof, . .1a,d d f ,d to execulei 6, ct1 arzactrc .ciare/n e.4 'nzzixe4/aifditl 4ateei - Act, �Panr yy �ea/ta le fereterao aArrcd IWO 2 8 t h aar6 or,P June J �- 2005 /61.412L ,j.i/4272,e2/4 MEMBER 8• Tn. .r. CERTIFICATE No. 01 DAILD June 28, 2005 : llx-� ( ' "fir 1Rk'OFF::`\ -�,``-- 'te15 c�i+ZVril�4 �P%��GGP RECEIVED CERTIFICATE No 01 ON FOR Forty-nine (49 ) June 28, 2005 NAME ISSUED TO Steven Sdankus UNITS ADDRESS 925 S.W. 42 TP,rracP ORGANIZED UNDER THE LAWS OF r;• THE STATE OF FLORIDA P1 d.ntati crn, F'T. 13V! 7 Florida Sidewalk Solutions LLC A LIMITED LIABILITY COMPANY This ferttfiesitat STEVEN SDANRUS ,ie attsrzer a� FORTY-NINE (4 9) F46.6 o�t/ie aL?arse �ir�r�CP�I �f Wo nyzan, f an l�ei��P an4 an de hatefi' o/tic ri/e�azu �iiGct° Wo u71, - r- A.-ea/in/zertion or 4,4 d. aniar4.xed allarner, ire;a, 9iisscrtder o/4 .:5 s-C e rraf-e.. endorJea; airdri enti74dtu tik/zeG°ealai a `t,a,ife4ei a/� mem�erize,n lra t ltt L/te arilt i a nd mreare get A-tx. by t�e �a�itaar �3%itcc�e� a� �i r��%/zer¢ttrr� Jegreemnr// iihhttair..4 ,A„ 1 �zaarufca! Lr¢laclirtf �oir_�rarir 57azz4�-ei`a/Iieie ta re9Gvrotioni to tote shaa1 aide— iirzr-led r Want�Zani,4. If in Witness TB hereof, �t� ,�� � w ja .aeda h e ceded dr 2Li%arl (%/L7e n.0er/J/--r//a�7.di�4 �.Luiu dd�TLaffc wo. „yza,,, Jeo/ta tfe ite, ezenk, -A 42. 28th O�"- crieza di./dar60/ June �� 2005 n 1 likga-Z.;-,,ilic2-x.,eze4 MEMBER — MEMBER aT're Ooumen+Canra n: Security- PC2.105 Sae aY_l for Derv, CORPORATE RESOLUTION WHEREAS, 1--1•l�(ktjj[tCVja.IV ac. desires to enter into a contract with the Town of Miami Lakes for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the C.,n D AAA br (type title of officer) InCx 1 VAr ( ceia rl teltf • , is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the Town of Miami Lakes upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of p�� irti f , 20 `b . r� Corporate Secretary (Corporate Seal) Exhibit A Section D CONCRETE SLICING SPECIFICATIONS A. Florida Sidewalk Solutions will repair all sidewalk trip hazards from 1/4" and up to 2" differential, as long the integrity of the sidewalk is not compromised, within the areas identified in a Work Order. B. Florida Sidewalk Solutions will remove hazards completely, from one end of the raised sidewalk joint to the other if applicable, leaving a zero point of differential between slabs. C. Florida Sidewalk Solutions will not use any type of "fill" material that deteriorates or breaks apart over time. D. Florida Sidewalk Solutions will not cause any damage to landscape, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If the Florida Sidewalk Solutions equipment causes damage to above, the City must be notified immediately, and damages must be repaired at the Contractor's expense within 24 hours of the time the damage occurred. E. Florida Sidewalk Solutions will follow all relevant federal, state and local regulations in impacting path of travel in assigned work areas at all times. F. Florida Sidewalk Solutions will completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost. G. Florida Sidewalk Solutions will repair each sidewalk trip hazard without damage or visible markings to adjacent slab(s) or curb(s). H. Florida Sidewalk Solutions shall guarantee specified repair slope (1:12 ratio based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, Florida Sidewalk Solutions will repair to specification at no additional charge within 24 hours of discovery. Florida Sidewalk Solutions will guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a coefficient of friction of at least 0.6 and show via previous testing that the technique used yields the specified coefficient of friction. Florida Sidewalk Solutions 7051 SW 22nd Court, Davie, FL 33317 Phone (954) 514-7218 Fax (954) 616-8834 CC# E060076 Page 1 Exhibit A Section D J. Florida Sidewalk Solutions's hardware will be flush to the ground and capable of working at any angle and perform trip hazard removal in hard -to -reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings. K. Florida Sidewalk Solutions will respond to all request for trip hazard repair within 48 hours of notice from the city failure to do so will lead to termination of the contract. SIDEWALK INSPECTION AND DATA COLLECTION Florida Sidewalk Solutions will walk and visually inspect every sidewalk panel in the project area and will use data collection that records the details of the work. The data shall be transmitted electronically to the City Representative. The data shall be provided in both an MS Excel table. Data shall be provided in HML or HMZ format suitable for use as a Google Earth layer. The data must include an itemized summary of all repaired hazards, including the data indicated below: > The displacement height of the proposed repair ➢ The physical location (street address) of each repair > The GPS coordinates with precision/repeatability of 2 ft. or better. ➢ An indication whether the hazard is to be repaired by sidewalk slicing or by another method such as removal and replacement INCH FEET PRICING 1 To 12 Ratio at $28.50 per inch foot > Inch Foot Calculation (Based on height of each trip hazard & lineal feet of proposed correction) SURVEY PROCESS (Documentation of Average Height Displacement) > Two measurements of displacement height on each proposed repair EXAMPLE (Lifted .25 to .50 across a 5 Foot Wide Sidewalk) > Height Left Corner .25 + Height Right Corner .50 (divide by 2 = .375) ➢ .375 Average Height x 5 Lineal Feet = 1.88 Inch Feet > 1.88 Inch Feet x $28.50 Cost Per Inch Foot = $53.58 Removal Cost Florida Sidewalk Solutions 7051 SW 22nd Court, Davie, FL 33317 Phone (954) 514-7218 Fax (954) 616-8834 CC# E060076 Page 2 SECTION D b3."01 SURVEY SPECIFICATIONS SIDEWALK SURVEY TRIP HAZARDS LIST Florida Sidewalk Solutions 7051 SW 22nd Ct Davie, FL 33317 Federal ID #: 56-2520955 CC# E0600786 Ph:954-514-7218/Fax:954-616-8834 www.floridasidewaIksolutlons;com Total Ln. Ft, 109.00 Town of Miami Lakes 6601 Main St. Miami Lakes, FL 33014 Gate Code: n/a 305-793-7076 Total In, Ft, 1 0.50 0.00 5 Side of 16371 , NW 87th Ct 1.25 2 0.75 0.00 5 ( 18371, NW 87th Ct 1.88 3 0.50 0.25 5 16371, NW 87th Ct 1.88 4 1.00 0.00 5 { 16371, NW 87th Ct 2.50 5 0.25 0.50 4 16371, NW 87th Ct 1.50 6 0.75 0.00 5 16351, NW 87th Ct 1.88 7 0.50 0.50 5 ; 16351, NW 87th Ct 2.50 8 0.50 0.00 5 { 16331, NW 87th Ct 1.25 9 0.25 1.00 5 16331, NW 87th Ct 3.13 10 REPLACE 16331, NW 87th Ct NO CUT 11 0.00 1.00 5 16331, NW 87th Ct 2.50 12 0.00 1.00 5 16311, NW 87th Ct 2.50 13 REPLACE 16271, NW 871h Ct NO CUT 14 0.50 1.50 5 16251, NW 87th Ct 5.00 15 1.00 0.75 5 18251, NW 87th Ct 4.38 16 REPLACE 16251, NW 87th Ct NO CUT 17 0.50 0.00 5 16231, NW 87th Ct 1,25 18 0.50 0.50 5 { 16231, NW 87th Ct 2.50 19 0.25 0.50 5 16231, NW 87th Ct 1.88 20 0.25 0.50 5 _ 8720, NW 162nd Ter 1.88 21 0.00 1.00 5 8752, NW 182nd Ter 2.50 22 0.25 0.50 5 8752, NW 182nd Ter 1.88 23 0.00 0.50 5 8752, NW 162nd Ter 1.25 24 0,75 0.75 5 8768, NW 162nd Ter 3.75 25 0.75 0.25 5 87851 NW 162nd Ter 2.50 7051 SW 22nd Ct. Davie, FL 33169 Office: (954) 514-7218"Fax: (954) 616-8834 Section D D1.01 SURVEY SPECIFICATIONS (Sample) SIDEWALK SURVEY MAP & KML FILE Page 2 of 3 arammemmiarmr,16 UNION" Updated: 9/10/20183:12 PM Section D D:1.01 SURVEY SPECIFICATIONS (Sample) Florida Sidewalk Solutions removes trip hazards from concrete end asphalt sidewalks to assist communities in alleviating trip and fall liability, meeting the requirements of the Americans with Disabilities Act (ADA) and improving community assets. Our approach has been awarded 6 U.S. patents, one pending. We use a horizontal saw to repair trip hazards as small as 1/4 inch (as defined by the ADA) to as high as 2.0 inches. Communities and municipalities find that our proprietary services. are more efficient and can save them thousands of dollars compared to the cost of conventional methods of trip hazard removal. U.S. Patent Numbers: 6,827,074, 6,896,604, 7,000,606, 7,143,760, 7,201,644, 7,402,095 Florida Sidewalk Solutions does not grind or pulverize concrete. Grinders can cause crevices and pitting, resulting in further damage and deterioration to the concrete due to water retention in the low, uneven spots. Grinders often leave partial hazards at the edges of a sidewalk panel, which means after you've paid for a repair, you are still left with a liability. • ALL jobs require a Florida Sidewalk Solutions signed Notice to Proceed / Contract for Patented — Saw Cutting Trip Hazard Removal in order to be scheduled. Any changes or additions are subject to contract document legal fees. Our work requires the use of generators therefore we cannot work in rainy conditions or with wet concrete. • There is a minimum charge for our work. Florida Sidewalk Solutions does not remove or replace sidewalks. Sidewalks noted on the estimate as replace are sidewalks beyohd the scope of our work and will not be repaired by Florida Sidewalk Solutions. • To view an animated demo of our work please click here: htto://wwwiloridasidewalksolulions.corq/animation/animation,hlml • Town of Davie Occupational; license: #41998 Broward County Occupational license: #329-30464 • Miami -Dade County Occupational license: #607999-0 Village of Royal Palm Beach Occupational license: #13-00012908 • Certificate of Competency: 40600786 Federal Tax ID: #56-2520955 • Certificate of Liability includes: General Liability=$2,000,000/General Aggregate=$2,000,000 / Automobile=$1,000,000/ Worker's Comp=$1,000,000 • Please let us know in advance if you need to be listed as a Certificate Holder on our policy. *Copies of insurance, licenses, and references furnished upon request. Page 3 of 3 Updated: 9/10/20183:12 PM CONTRACT AGREEMENT BETWEEN CITY OF OPA- LOCKA AND FLORIDA SIDEWALK SOLUTIONS, LLC FOR SIDEWALK REPAIRS Page 1 of 14 AGREEMENT THIS IS AN AGREEMENT dated the _ Day of October, 2020, between: CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY," and FLORIDA SIDEWALK SOLUTIONS, LLC A licensed Company, authorized to do business in the State of Florida, hereinafter "CONTRACTOR". WITNESSETH: In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On August , 2020, the CITY authorized the proper CITY officials to enter into an agreement with CONTRACTOR to render the services more particularly described herein below. ARTICLE 2 SCOPE OF WORK 2.1 The CONTRACTOR shall furnish all of the materials, equipment, tools, supplies, and labor necessary to perform all of the work described in accordance with Proposal dated 07/21/2020 submitted to perform Sidewalk repairs to the area of Ali -Baba Avenue to NW 151 Street and Perviz Avenue to NW 27m Avenue including the provision of M.O.T. A copy of the Proposal is attached hereto and specifically made a part of this Agreement as Composite "Exhibit A" and the Resolution package is also attached as Composite "Exhibit B". 2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. Page 2 of 14 2.3 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards for specified services. If within One (1) year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR, CONTRACTOR agrees to re -perform such deficient services without charge to the CITY. ARTICLE 3 TIME FOR COMPLETION AND LIQUIDATED DAMAGES 3.1 The CONTRACTOR shall commence work to be performed under this Agreement upon full execution of Contract. CONTRACTOR shall complete all work in a timely manner substantially by one hundred twenty days (120) after full execution of contract date, and final completion will be thirty days (30) after substantial completion date. Should there be any delay in issuance of permit by the jurisdictional authorities completion time will be adjusted accordingly. 3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by CONTRACTOR. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR for which liquidated damages are due. 3.3 Contractor's failure to perform the work specified in Exhibit "A" shall result in Contractor being required to pay liquidated damages in the Amount of One Thousand Dollars and Zero Cents ($1,000.00) per day for each unexcused day after the completion date set forth in Section 3.1 above. ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, $24,893.04 for work to be completed in accordance with the "Proposal" submitted by CONTRACTOR. Itemized prices for work completed by the CONTRACTOR shall be as reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof as Exhibit "A", with no change in the price shown. A total contract price hereto is referred to as Contract Sum and shall be twenty four thousand eight hundred ninety three dollars and four cents. 4.2 Notwithstanding any other provision of this contract, the CONTRACTOR shall guarantee all portions of the Project against poor workmanship and faulty materials for a period of one (1) year after final completion certificate and retainage payment, and shall correct within fourteen business days (14) any defects which may appear during this period upon notification by CITY. This provision shall in no way affect the manufacturing warranty for repair or replacement. 4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by CONTRACTOR except those previously made and still unsettled. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner in the Standard American Institute of Architects' Forms (AIA) G701, G702, and G703, and upon Project Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Page 3 of 14 The City is under a declared State of Financial Emergency pursuant to Section 218.503, Florida Statutes. As a result, the parties to this Agreement acknowledge that all invoices presented for payment shall be reviewed and approved by the State of Florida prior to payment and that the City is therefore unable to comply with the Florida Local Government Prompt Payment Act. 5.2.1. Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.2.2. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.2.3. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and material suitably stored at the site for subsequent incorporation in the completed construction or, if approved in advance by the Owner, material suitably stored off the site at a location agreed upon in writing, less retainage of ten percent (10%): 5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract amounts, if any, for which the Construction Manager has withheld or nullified a Certificate for Payment. 5.3 Each Application for Payment submitted by the Contractor to the Owner shall include Partial Release of lien from his company and each subcontractor for labor, equipment, services or materials described in the Application for Payment. 5.4 The progress payment amount determined in accordance with the above shall be further modified under the following circumstances: 5.4.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Owner determines for incomplete Work and unsettled claims; and 5.5 Reduction or limitation of retainage, if any, shall be as follows: None Page 4 of 14 ARTICLE 6 FINAL PAYMENT 6.1 Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: (a) The Contract has been fully performed by the Contractor upon the Contractor's fulfilled responsibility to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment, and (b) The Contractor has furnished the City with Final Release of Lien from his own company and from each subcontractor for labor, equipment, services or materials described in the Final Application for Payment, and (c) A final Project Certificate for Payment has been issued by the City upon the Architect/Engineer of records final completion Certificate, and (d) The Contractor has met all provisions of the reporting requirements of grants if the project is funded by grant money; such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 CONTRACTOR'S LIABILITY INSURANCE 7.1 The CONTRACTOR shall not commence work under this contract until it has obtained all insurance required under this Article and such insurance has been approved by the CITY nor shall the CONTRACTOR allow any Subcontractor, if applicable, to commence work on a sub- contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City prior to the commencement of the work. These Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. 7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. 7.4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as set forth in the Architect/Engineer of Records' Final Completion Certificate and the Certificate of Occupancy (C.O.) as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least three (3) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension there under is in effect. The CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 7.5 Contractor's Insurance Coverage shall include General Liability, Automobile Liability, Professional Liability and Worker's Compensation and Employer's Liability: (a) Workers' Compensation Insurance — as required by law; (b) Employer's Liability Insurance - as required by law; (c) Automobile Liability Insurance — the minimum limit of coverage shall be $500,000 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability (d) Personal Injury in the minimum amounts of $500,000 for combined Bodily Injury and Property Damage. Page 5 of 14 (e) Professional Liability Insurance: minimum coverage shall be $500,000.00 with deductible or self -insured retention (SIR) indicated. 7.6 The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this Agreement and name the CITY as additional insured under their policy. 7.7 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures, following discussion and confirmation of the same with the Contractor. ARTICLE 8 PROTECTION OF PROPERTY 8.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY's property and properties adjoining the Project site from all damage whatsoever. ARTICLE 9 CONTRACTOR'S INDEMNIFICATION 9.1 The CONTRACTOR agrees to release the CITY from and against any and all liability and responsibility in connection with the above mentioned matters and with the work being performed by Contractor. The CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above mentioned matters. 9.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the CONTRACTOR's negligent acts, errors, or omissions. 9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the City may possess. The City specifically reserves all rights as against any and all claims that may be brought. ARTICLE 10 INDEPENDENT CONTRACTOR 10.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law and similar laws. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. Page 6 of 14 ARTICLE 11 CONTRACT BOND ARTICLE 12 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 12.1 CITY or CONTRACTOR may request changes that would increase decrease or otherwise modify the Scope of Services/Basic Services to be provided under this Agreement as described in Article 2 of this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Each amendment shall at a minimum include the following information on each project: DATE PROJECT NAME PROJECT COST CHANGES DESCRIPTION ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT ESTIMATED PROJECT COMPLETION DATE ARCHTTECT/ENGINEER OF RECORD'S APPROVAL 12.2 In no event will the CONTRACTOR be compensated for, nor will the City request for any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 13 TERM AND TERMINATION 13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. 13.2 This Agreement shall take effect as of the date of execution as shown herein below and continue for such time as is contemplated by the Agreement. Page 7 of 14 ARTICLE 14 CONTRACT DOCUMENTS 14.1 CONTRACTOR and CITY hereby agree that the following Contract Documents, made a part of this Agreement, as if written herein word for word: This Agreement; Proposals as set forth in Exhibit "A" and City's Resolution in Exhibit "B". ARTICLE 15 MISCELLANEOUS 15.1 Legal Representation: It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 15.2 Assignments: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the CITY and its successors and assigns. 15.3 Records: CONTRACTOR shall keep the as -built drawings, the shop -drawings, books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if applicable. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement, or for such longer period as is required by law. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 15.4 Ownership of Documents: Reports, surveys, plans, calculations, shop -drawings studies and other data provided in connection with this Agreement are and shall remain the property of City. 15.5 No Contingent Fees: CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. Page 8 of 14 15.6 Notice: Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: COPY TO: COPY TO: John E. Pate, City Manager 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Burnadette Norris -Weeks, City Attorney 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Airia Austin, CIP Director 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 CONTRACTOR: , Authorized Representative Florida Sidewalk Solutions, LLC Phone: ( ) Fax: ( ) E-mail: 15.7 Binding Authority: Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.8 Exhibits: Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 15.9 Headings: Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 15.10 Severability: If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 15.11 Governing Law: This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami - Dade County, Florida. Page 9 of 14 15.12 Disputes: Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Eleventh Judicial Circuit Court in and for Miami -Dade County. 15.13 Attorneys Fees: To the extent authorized by law, in the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorneys fees and court costs in addition to any other remedy afforded by law. 15.14 Extent of Agreement: This Agreement, together with all contract documents, and all exhibits hereto or to the contract documents, represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 15.15 Waiver: Failure of the CITY to insist upon strict performance of any provision or condition of this Agreement, or to execute any right there in contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. 15.16 Equal Opportunity Employment: CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated, during employment, without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. ARTICLE 16 NOTICE TO PROCEED The CONTRACTOR shall commence work within five (5) working days from the date of the Notice to Proceed (NTP) following the issuance of approved permit by jurisdictional authorities, whichever comes earlier. No work shall begin without NTP. Residents must be given at least 48 hour -notice to commence construction at the site. Page 10 of 14 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OPA-LOCKA A 1"1'EST: BY: Joanna Flores, CMC John E. Pate City Clerk City Manager APPROVED AS TO FORM: Burnadette Norris -Weeks, City Attorney FLORIDA SIDEWALK SOLUTIONS, LLC A 1'1'hST: Authorized Representative (Name) (Signature) WITNESSES: (Name) (Signature) (Name) (Signature) Page 11 of 14 STATE OF FLORIDA COUNTY OF MIAMI-DADE BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of , a Florida corporation, and acknowledged executed the foregoing Agreement as the proper official of for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2020. NOTARY PUBLIC My Commission Expires: Page 12 of 14 See attached document for Exhibit "A" PROPOSAL: Dated 07/21/2020 $24,893.04 Sidewalk Repairs at the area of Ali -Baba to NW151 Street and Perviz Avenue to NW 27th Avenue Page 13 of 14 See attached document for Exhibit "B" CITY'S RESOLUTION No. 20-XXXX Page 14 of 14