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19-9638 Arrow Asphalt & Engineering for NW 38th Avenue Roadway
Sponsored by: City Manager RESOLUTION NO. 19-9638 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK ON THE CITY OF NORTH MIAMI BEACH PROFESSIONAL SERVICES AGREEMENT (ITB 2016-04) WITH ARROW ASPHALT & ENGINEERING, FOR TEMPORARY RESTORATION OF NW 38th AVENUE ROADWAY, IN AN AMOUNT NOT TO EXCEED $70,000.00; IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka ("City") is in need of temporary roadway restoration of NW 38th Avenue; WHEREAS, the City of North Miami Beach procured the services of Arrow Asphalt and Engineering, Inc., to provide roadway, asphalt restoration and engineering services pursuant to Invitation to Bid (ITB)No.: 2016-04, on September 20, 2016; and WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback on the City of North Miami Beach so it can benefit from already negotiated rates and enter into an agreement with Arrow Asphalt and Engineering, Inc., for temporary roadway restoration of NW 38th Avenue. 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 hereby authorizes the City Manager to piggyback on the City of North Miami Beach for the temporary roadway restoration of NW 38th Avenue, in an amount not to exceed $70,000.00, and in a form that is acceptable to the City Attorney. 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 immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 10th day of April, 2019. Mayor Matthew A. Pigatt Approved as to form and legal sufficiency: Attest to: Joanna Flores THE BROWN LAW GROUP,LLC City Clerk City Attorney Moved by: COMMISSIONER BURKE Seconded by: VICE MAYOR DAVIS Commissioner Vote: 4-0 Commissioner Burke: YES Commissioner Kelley: NOT PRESENT Commissioner Bass: YES Vice-Mayor Davis: YES Mayor Pigatt: YES "THE GREAT CITY �.pe gavelL(I/ MEMORANDUM TO: Newall J. Daughtrey, Acting City Manager --- FROM: Airia Austin, Public Works DirectorJ,,•C DATE: April 3, 2019 RE: Northwest 38 Avenue Temporary Restoration In-house repairs to Northwest 38 Avenue between Northwest 125 & 132 Streets have failed repeatedly. This has resulted in large craters and undulation of the roadway. The roadway also now has an inverted crown, which exacerbates the flooding condition. The intent of this temporary repair is to mill the roadway to remove the hills and valleys, install a road base to recreate a crown which in currently not present, a result of continued erosion. After which two one inch lifts of asphalt will be installed. After the roadway is restored, the Public Works Roads and Streets division will regrade the swale area, removing excessive washout road material that has accumulated over the years. This will promote natural drainage until a designed storm water drainage system can be installed. 780 FISHERMAN STREET,OPA-LOCKA,FLORIDA 33054(305)953-3058 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP opn_iock0 U In City of Opa-Locka Agenda Cover Memo Department Airia Austin Department Director: Director Signature: Finance Director: FD Signature: De•artment Acting City Newall Daughtrey CM Signature: s!. Manager: ' '1, .� ' 'P'irt Commission 04/10/2019 Item Type: Resolution I rdina c 10Othe Meeting Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1n Reading 2°d Reading (EnterX in box) Yes No (EnterX in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund Advertising Requirement: Yes No Account#: &Dept) (Enter X in box) X Ex: 75-5356314 Contract/P.O. Yes No RFP/RFQ/Bid#: RFP# Required: X Piggyback Contract (Enter X in box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Related X Enhance Organizational - (list the specific objective/strategy this (EnterX in box) Bus.&Economic Dev I--I item will address) Public Safety Quality of Education 0 Qual.of Life&City Image Communication D Sponsor Name City Manager Department: City Manager Short Title: NW 38th Avenue-Temporary Restoration of the Roadway. Staff Summary: The purpose of this request is to piggyback existing municipal contract with the City of North Miami Beach, for qualified professional services to achieve the Temporary Restoration of the NW 38th Avenue Roadway. The estimated cost to perform this job will be $69,616.00. The timeframe to complete this project is expected to be two weeks. The temporary repair will enhance driving comfort, and safety. Proposed Action: Staff recommends piggybacking existing contract with the City of Miami Beach to access qualified vendors to provide the temporary the restoration to the NW 38th Avenue. Attachment: 1. Agenda 2. Arrow Asphalt & Engineering, Inc Proposal (CTL#5436) 3. Existing contract with City of North Miami Beach (ITB 2D16-14 civil Work) PROPOSAL CTL#5436 Arrow Asphalt & Engineering, Inc. 3051 N.W. 129 Street Opa Locka, FL 33054 (305) 688-8686 Voice (305) 688-8484 Fax PROPOSAL SUBMITTED TO: Date: February 12,2019 Client Information Job Site Information King Leonard City Street City of Opa Locka NW 38th Avenue, Between 12950 Lejuene Road 125th Street and 131st Street Opa Locka,FL 33054 Opa Locka, FL (305)953-2828 Email: kleonard @opalockafl.gov We hereby submit specifications and estimates to perform work at the above job site: C-21 Limerock base, group 4 (6" thick), including grading and compaction. 600 SY @ $12.00 $7,200.00 C-5) Type S-3 Asphaltic pavement(1"thick)machine layed. 3,901 SY @$8.00. $31,208.00 C-5) Type S-3 Asphaltic pavement(1"thick)machine layed.Additional 1" Thick. 3,901 SY @ $8.00 $31,208.00 Pricing base on: Contract ITB 2D16-14 Civil Work North Miami Beach Total: $69,616.00 [Add cost of permit to total if required,any additional work will be an extra] We hereby propose to furnish labor and materials--complete in accordance with the above specifications,for the sum of: Sicty Nine Thousand Six Hundred Sixteen Dollars and 00/100($69,616.00)with 50%deposit,and remaining balance payment due upon completion of job. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are hereby accepted. We have reviewed the important Disclosures and have provided any special billing instructions on the reverse side. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: AUTHORIZED SIGNATURE: Signature: Arrow Asphalt&Engineering,Inc Date: City of Opa Locka City Street NW 38th Avenue Between 125th St& 131st St Opa Locka 02-12-19 AM EO CTL#5436 PROPOSAL CTL#5436 Arrow Asphalt & Engineering, Inc. 3051 N.W. 129 Street Opa Locka, FL 33054 (305) 688-8686 Voice (305) 688-8484 Fax PROPOSAL SUBMITTED TO: Date: February 12,2019 Client Information Job Site Information King Leonard City Street City of Opa Locka NW 38th Avenue,Between 12950 Lejuene Road 125th Street and 131st Street Opa Locka,FL 33054 Opa Locka,FL (305)953-2828 Email: kleonard @opalockafl.gov We hereby submit specifications and estimates to perform work at the above job site: C-21 Limerock base, group 4 (6" thick), including grading and compaction. 600 SY @ $12.00 $7,200.00 C-5) 'l'ype S-3 Asphaltic pavement(1"thick)machine layed. 3,901 SY Cc.$8.00. $31,208.00 C-5) Type S-3 Asphaltic pavement(1" thick)machine layed.Additional 1"Thick. 3,901 SY @$8.00 $31,208.00 Pricing base on:Contract 1TB 2D16-14 Civil Work North Miami Beach Total: $69,616.00 (Add cost of permit to total if required,any additional work will be an extra] We hereby propose to furnish labor and materials--complete in accordance with the above specifications,for the sum of: Sicty Nine Thousand Six Hundred Sixteen Dollars and 00/100($69,616.00)with 50%deposit,and remaining balance payment due upon completion of job. ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are hereby accepted. We have reviewed the important Disclosures and have provided any special billing instructions on the reverse side. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: AUTHORIZED SIGNATURE: Signature: Arrow Asphalt&Engineering,Inc Date: City of Opa Locka City Street NW 38th Avenue Between 125th St& 131st St Opts Locka 02-12-19 AM EO CTL#5436 AGREEMENT No.2016-04 BETWEEN THE CITY OF NORTH MIAMI BEACH AND ARROW ASPHALT& ENGINEERING,INC. THIS AGREEMENT is made and entered into as of this day ofSrep+' , 2016 by and between Arrow Asphalt&Engineering,Inc.a corporation organized and existing under the laws of the State of Florida,having its principal office at 3051 NW 129's Street Opa Locka,FL 33054(hereinafter referred to as the"Contractor"),and the City of North Miami Beach,a political subdivision of the State of Florida.having its principal office at 1701 I NE 19'" Avenue,North Miami Beach, Florida 33162(hereinafter referred to as the"City"), WITNESSETH: WHEREAS, the Contractor has offered to provide the materials and/or services and to be bound by the Plans and the terms and conditions of the Invitation to Bid(ITS)No. 2016-04,which includes the General Terms and Conditions of Invitations for Bids, Specifications, Bid Forms, and associated addenda attached hereto and incorporated herein as Exhibit"A".and the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit"B";and WHEREAS,the Contractor has submitted a written proposal dated August 4,2016,hereinafter referred to as the"Contractor's Proposal",the terms of which are incorporated herein by reference as if fully set forth herein;and WHEREAS,the City desires to procure from the Contractor such services for the City,in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The Contractor agrees to provide the materials and/or services pursuant to and to be bound by the Plans and the terms and conditions of the Invitation to Bid, which includes General Terms and Conditions of Invitations for Bids,Specifications,Bid Forms,and associated addenda and the terms of which arc incorporated herein by reference as if fully set forth herein and attached hereto as Exhibit "A", and the Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". 2. The CITY agrees to abide by and to he bound by the terms of the Invitation to Bid,which includes General Terms and Conditions of Invitations for Bids,Specifications,Bid Forms,and associated addenda attached hereto and incorporated herein as Exhibit"A",and by the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". 3. Contractor shall deliver materials and/or provide services in accordance with the terms of the Invitation to Bid,Bid Forms and addenda attached hereto and incorporated herein as Exhibit"A"and with the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit "B". 4. The City agrees to make payment in accordance with the terms of the Invitation to Bid, Bid Forms and addenda attached hereto and incorporated herein as Exhibit "A"and with the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit"B". Page Iof2 CAO VENDOR ".5z S This Agreement and attachments hereto constitute the entire agreement between the parties hereto, and its provisions shall not be amended,except in writing,after formal approval by both panics. 6. This Agreement will commence on :p)It*nd expire n „oqunlcss Contractor is otherwise notified by the City. Any extension to this Agreement shall be in writing.The City Manager is authorized to extend or terminate this Agreement on behalf of the City. '7. In addition to any other contractual indemnification provisions in Exhibit A or Exhibit B in favor of the City, Contractor hereby agrees to indemnify and hold the City harmless from any and all claims, suits,actions,damages, causes of action,and attorney's fees, arising from any personal injury, loss of life,or damage to person or property sustained by reason of or as a result of the products or materials used or supplied in the performance of this Agreement. IN_WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this g0 day of r Orin b P r .2016. ARROW ASPHALT&ENGINEERING,INC. Appns to ri MC. ney: (Signature) ,� % 1.a 31 16 I I Smit, -City thorny Name: S r c- (E. - (Print) ryers,- --'f"- / 7-- / Attest: Corporate Seal/Notary Public Corporate Seal/Notary Seal CITY OF NORTH MIAMI BEACH By: A6 Ana M.Garcia,City Manager Date: . G ct: Pamela L.Latimorc, tty •rk Page 2 of 2 CAO VENDOR, • ijXii , Now More : tiful! Procurement Management Division Friday,September 16,2016 SENT VIA EMAIL Mr.Shawn O'Toole,President Arrow Asphalt&Engineering,Inc. 3051 NW 129 St Opa Locka,FL 33054 armwasph @aol.com Re: ITS 2016-04 CIVIL WORKS(ROADWAY,DRAINAGE PROJECTS AND REPAIRS) Dear Mr.O'Toole: This is to advise you that the City Council of North Miami Beach Florida,meeting in session on Tuesday,September 6, 2016, authorized the execution of an agreement between the City and your firm as the secondary vendor for the subject project via Resolution R2016-68. This award was in accordance with the Invitation to Bid,General and Special Conditions,Technical Specifications and Plans,Addenda,attached Agreement and your bid. Kindly execute the attached agreement, initialing the bottom of each page, and email to Meghan Bennett in the Procurement Division within five business days, Once the fully executed agreement is returned to you,your firm will be required to submit all bonds applicable to•this contract in accordance with Section 2.6 of the Bid document to the Procurement Division within ten(10)days). If you have any questions, please feel free to contact me at(305)948-2946. We look forward to doing business with your company. Sincerely, Meghan Cianelh Bennett,MBA Purchasing Supervisor City of North Miami Beach 17011 N.E. 19"'Avenue•North Miami Beach,Florida 33162-3100•(305)948-2946•FAX(305)957-3522 www.cityrumb.corrt RESOLUTION NO. R2016-68 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD INVITATION TO BID 2016-04,CIVIL WORKS,ROADWAY, DRAINAGE PROJECTS, REPAIRS, TO MAGGOLC, INC., FOR GROUP A THROUGH H AND ARROW ASPHALT & ENGINEERING, INC., AS SECONDARY VENDOR FOR GROUP A THROUGH H, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, AND TO EXECUTE AN AGREEMENT IN THE NOT TO EXCEED AMOUNT OF $1,995,850.00, FOR CIVIL WORKS, ROADWAY, DRAINAGE PROJECTS,AND REPAIR SERVICES. WHEREAS, the City of North Miami Beach ("City") issued Invitation to Bid (ITB)No. 2016-04 to establish a contract with a qualified and experienced licensed contractors to furnish all labor, equipment, and materials for construction, maintenance and restoration services on an as needed basis for the public right of way, water and sewer infrastructure and appurtenances under a unit price agreement; and WHEREAS, the agreement will be a three year unit price agreement, with two additional one year renewal periods,that will use various expenditure accounts across Public Services;and WHEREAS, bid notices were electronically mailed to approximately 1,200 potential and registered vendors, advertised in the Miami Daily Business Review, posted on DemandStar by Onvia, the City's website, and in the lobby of City Hall; and WHEREAS, the City received three (3)responsive submittals to the Invitation to Bid by the published deadline at 2:00 PM,August 4,2016, Bidders Total Proposed Cost Maggolc,Inc. S1,995,850.00 Arrow Asphalt&Engineering,Inc. _ $2,032,798.50 Metro Express,Inc. $2,615,095.00 ;and WHEREAS, after review and evaluation by the Public Works Department and Procurement Management Division of all the bids submitted, Maggolc, Inc., and Arrow Asphalt &Engineering,Inc.,were determined to be the lowest over all responsive responsible bidders;and RESOLUTION R2016-68 WHEREAS, after conducting her due diligence, the City Manager concurs with the Department of Public Works and Procurement Management Division's recommendations; and WHEREAS, the City Council of North Miami Beach desires to award ITB No. 2016-04 and authorizes the City Manager to execute an Agreement(Exhibit"A")between the City of North Miami Beach and Maggolc, Inc., and Arrow Asphalt & Engineering, Inc., for ITB No. 2016-04 for civil works,roadway,drainage projects,and repair services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Miami Beach, Florida. Section 1. The foregoing recitals are true and correct. Section 2. The Mayor and Council of the City of North Miami Beach hereby award ITB No. 2016-04 to Maggolc, Inc. for group A through H and Arrow Asphalt& Engineering, Inc.,as secondary vendor for group A through H, in the not to exceed amount of$1,995,850.00. Section 3. The Mayor and Council of the City of North Miami Beach, Florida, hereby authorize and direct the City Manager to execute the Agreement, in a form acceptable to the City Attorney, between the City and Maggolc, Inc., and Arrow Asphalt & Engineering, Inc., in substantially the attached form(Exhibit"A"). APPROVED AND ADOPTED by the City of North Miami Beach City Council at the regular meeting assembled this 6*day of September,2016. Fiji ST: Ilk i karilleAteakl .4.44g%■ MELA L. LATIM•RE G 177"...7"-•ALLEJO CITY CLERK MAYOR (CITY SEAL) APPROVED AS T• FORM: 9,, �� 14 f ►I YA US EY Sponsored by: Mayor and Council RESOLUTION R2016-68 Exhibit "A" City of North Miami Beach,FL ITB No.2016-04 Company Submitting Bid INVITATION TO BID cc. MIA l o� ,. J E' 1 i1 _/_ �r � i • RF PEOPUe G ITB NO: 2016-04 TITLE: CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) ADVERTISEMENT: July 6,2016 NON-MANDATORY PRE-BID July 20,2016 TIME: 2:00 PM CONFERENCE: NORTH MIAMI BEACH CITY HALL COUNCIL CHAMBERS 17011 NORTH EAST 19th AVENUE, 2ND FLOOR NORTH MIAMI BEACH, FLORIDA 33162 DUE DATE: August 4,2016 TIME: 2:00 PM SUBMIT TO: CITY OF NORTH MIAMI BEACH PROCUREMENT MANAGEMENT DIVISION Attn: JOEL WASSERMAN,CPPO 17011 NORTH EAST 19th AVENUE, ROOM 315 NORTH MIAMI BEACH, FLORIDA 33162 REVIEW MEETING: August 9,2016 TIME: 2:00 PM COUNCIL APPROVAL: August 16, 2016 BONDS: 5% BID BOND 100%PERFORMANCE AND PAYMENT BOND (Per Work Order) TABLE OF CONTENTS sernon#lO.t DESCRIPTION FORE INVITATION TO BID 3 1.0 GENERAL TERMS AND CONDITIONS 4 2.0 SPECIAL CONDITIONS 26 3.0 TECHNICAL SPECIFICATIONS 43 4.0 BID SUBMITTAL-REQUIRED FORMS&ATTACHMENTS 49 BID REQUIREMENTS CHECKLIST 62 BID PRICING FORM (BP) 63 2 CITY OF NORTH MIAMI BEACH The City of North Miami Beach �.J'i N 111.1 Ili. ITB N0. 2016-04 .^ 4 INVITATION TO BID ,�--,� CIVIL WORKS (ROADWAY & DRAINAGE PROJECTS & 111- _- REPAIRS) July 6, 2016 The City of North Miami Beach ("City"), Florida invites qualified contractors to submit bid responses no later than 2:00 PM EST Thursday, August 4, 2016 for CIVIL WORKS (ROADWAY& DRAINAGE PROJECTS & REPAIRS). Interested firms may secure the solicitation package and all other pertinent information by visiting http://www.citynmb.com/purchasing or at DemandStar.com. The City seeks to establish an as-needed continuing contract with a qualified and experienced General Contractor to perform civil works (roadway and drainage repairs and projects) per plans and specifications (if applicable). Work will include but not be limited to the following under a unit price agreement: Construction, maintenance and restoration services for the public right-of-way, water and sewer infrastructure and appurtenances.Refer to Section 2.2 and 2.3 for Minimum qualifications and license requirements.The selection of the successful Bidder shall be at the City's discretion and shall be made in a prompt manner after the receipt and evaluation of all bid responses. A Non-Mandatory Pre-Bid Conference will be held on Wednesday, July 20, 2016 at 2:00 PM in City Hall Council Chambers, 2"d Floor located at 17011 NE 19th Ave. North Miami Beach, FL 33162. Bidders are encouraged to attend the pre-bid conference. Questions regarding this solicitation shall be submitted in writing to bids @citynmb.com no later than 5:00 PM on Tuesday July 26, 2016. Responses to those questions considered material to the solicitation will be made available as formal addenda to the City's Purchasing website and DemandStar.com. It is the responsibility of prospective respondents to ensure they are aware of all addenda issued relative to this solicitation. Bidders shall submit One(1) original complete proposal package, Five(5) duplicate copy of the original and One (1)flash drive or CD-ROM copy, of the original to the City of North Miami Beach Procurement Management Division —Attention: Chief Procurement Officer, 17011 N.E. 19th Avenue, 3rd Floor, North Miami Beach,FL 33162 on or before the due date stipulated above. All packages shall be clearly marked ITB 2016-04 CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS). The City will not be responsible in the event the U.S. Postal Service or any other courier system fails to deliver any package by the above referenced deadline. Late submissions shall not be considered and will be deemed non-responsive and not considered for award. Bid responses will be publicly opened and firm names read aloud in the City Hall 2nd Floor Council Chambers on the due date/time above. The City of North Miami Beach reserves the right to reject any and all submissions, to waive any and all irregularities in any submission, and to make awards in the best interest of the City. Joel Wasserman, CPPO Chief Procurement Officer City of North Miami Beach Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty(30) days after the opening of the bids,proposals, or final replies, whichever is earlier. 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 communications concerning RFP's, RFQ's or Bids, until such time as the Town Manager makes a written recommendation to the Town Council concerning the solicitation. Failure to comply with the"Cone of Silence may result in the rejection of a Response. For additional information concerning the"Cone of Silence please refer to Section 2-11.1 of Miami Dade County Code. 3 SECTION 1.0 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS documents issued under or relating to the Contract. When used in Contract Documents (defined below) or in Consultant, NE of Record or Engineer means a firm that related documents, the following terms shall have the has entered into a separate agreement with the City for the meanings given below: provision of design/engineering or construction Addendum: A modification of the Plans, Specifications or administration services for a Project other Contract Documents distributed to prospective Contract Manager: North Miami Beach's City Manager or her Bidders prior to the opening of Bids. designee or duly authorized representative designated to Advertisement for Bids: The public notice inviting the manage the Contract. submission of Bids for the work. Bid: The written offer of a Bidder to perform the work or Contractor: The individual, firm, partnership, corporation or service. joint venture whose Bid is accepted and who enters into a Bid Bond: A bond executed by a Bidder and its Surety in the Contract with the City of North Miami Beach and who is attached form guaranteeing that the Bidder, if awarded the liable for the acceptable performance of the work and for the Contract will execute the same and will timely furnish the payment of all legal debts pertaining to the Work. required Performance Bond, Payment Bond, and evidence Contract Date:The date on which the Agreement is effective. of Insurance. Bidder: Any individual, firm, partnership or corporation Contract Time: The number of days allowed for completion submitting a Bid in accordance with the Instructions to of the work. The Contract Time will be stipulated in the Bid Bidders. Form,unless extended by a Change Order.All contract time Bid Documents: Bid Guarantee or Bid deposit. The shall be measured in calendar days. Advertisement for Bids, Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, City or Owner: A political subdivision, Incorporated City General Conditions, Special Provisions, Technical within Miami-Dade County of the State of Florida, whose Specifications and Plans,together with all Addenda. governing body is a City Council consisting of a Mayor,Vice Bid Form: The form on which Bids are submitted. Mayor and five City Council members. Calendar Day or Day: Every day shown on the calendar City Manager: The Manager of the City of North Miami unless otherwise specifically stated. Beach, Florida. Completion Time means the number of calendar days specified for the completion of a Project, which may be a Cure means the action taken by the Contractor promptly,after single project under a contract or multiple projects where a receipt of written notice from the City of a breach of the Work Order establishes the timeframe for completion of Contract Documents, which shall be performed at no cost each Project. to the City,to repair,replace,correct,or remedy all material, Change Order:A written agreement executed by the City,the equipment, or other elements of the Work or the Contract Contractor and the Contractors Surety, covering Documents affected by such breach, or to otherwise make modifications to the Contract recommended by the Project good and eliminate such breach. Manager and approved by the City Manager and/or City Cure Period means the period of time in which the Contractor Council. is required to remedy deficiencies in the Work or Construction Change Directive means a written directive to compliance with the Contract Documents after receipt of a effect changes to the Work, issued by the Project Manager written Notice to Cure from the City identifying the that may affect the Contract price or time. deficiencies and the time to Cure. Construction Schedule means a schedule of the Work to be performed, as defined and required by the Contract Deliverables: All documentation and any items of any nature Documents. submitted by the Contractor to the City's Project Manager Contract: The written agreement between the City and the for review and approval in writing pursuant to the terms of Contractor for performance of the Work in accordance with the Agreement. the requirements of the Contract Documents and for the Defective Work means (a) Work that is unsatisfactory, payment of the agreed consideration. deficient, or damaged, does not conform to the Contract Contract Documents:The Instructions to Bidders, Bid Form, Documents, or does not meet the requirements of any Bid Bond, Contract, Performance Bond, Payment Bond, inspection, test or approval, or (b) Work associated with General Conditions, Special Provisions, Supplemental punch list items that the Contractor fails to complete within Provisions, Technical Specifications and Plans, together a reasonable time after issuance of the punch list by the with all Addenda, Change Orders, Schedules, Shop Project Manager. Drawings, Work Orders, Work Order Proposals, Design Documents, Plans, Drawings, or Sketch means clarifications, directives, payments, and other such any construction plans and specifications or graphic 4 representation. Subcontractor or Sub-consultant: Any person, entity, firm Inspector means an authorized representative of the City or corporation, other than the employees of the Contractor, assigned to make necessary inspections of materials who furnishes labor and/or materials,in connection with the furnished by the Contractor and of the Work performed by Work, whether directly or indirectly, on behalf of and/or the Contractor. The City, at is sole discretion may hire a under the direction of the Contractor and whether or not in professional consultant to perform the inspections. privity of Contract with the Contractor. Lessee: Any individual, partnership or corporation having a Substantial Completion means that point at which the tenant relationship with the City of North Miami Beach. Project is at a level of completion in substantial compliance with the Contract Documents, and is fit for use in its Liquidated Damages: The amount that the Contractor intended purpose. Substantial Compliance shall not be accepts, as stipulated in the Bid Form, which will be deemed to have occurred until any and all governmental deducted from the Contract Sum for each Calendar day of entities, with regulatory authority or which have jurisdiction delay due to a Non-excusable Delay to be determined by over the Work, have conducted all final inspections, and the City's Chief Procurement Officer. approved the Work. Beneficial use or occupancy shall not Notice To Proceed(NTP):The written communication issued be the sole factor in determining whether Substantial Completion has been achieved, unless a temporary by the City to the Contractor directing the Contractor to begin contract work and establishing the date of certificate of completion has been issued. commencement of the work. The words"Work","Services","Program",or"Project": Performance and Payment Bonds: Bonds executed by the All matters and things required to be done by the Contractor Contractor and his Surety, on the attached forms, assuring in accordance with the provisions of the Contract, including but not limited to all labor, materials, equipment and that the Contractor will,in good faith,perform and guarantee services, whether or not specifically stated for the the work in full conformity with the terms of the Contract Contractor to fulfill its obligations under the Contract Documents and will promptly pay all persons supplying the Documents. Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the prosecution of the Work Order means a document issued by the City Work. awarding a specific Project or Project(s)to a Contractor. Plans or Drawings: The drawings or reproductions thereof, Work Order Proposal means a document prepared by the prepared and sealed by the Architect/Engineer,which show Contractor, at the request of the City for Work to be the locations,character, dimensions and details of the work performed on a Project(s). to be done and which are part of the Contract Documents. The words "Directed", "Required", "Permitted", Project: The construction and services required by the "Ordered", "Designated", "Selected", "Prescribed", or Contract Documents or Work Order, which includes all words of like import to mean respectively, the direction, labor, materials, equipment, and services to be provided by requirement, permission, order, designation, selection or the Contractor to fulfill the Contractor's obligations. prescription of the City's Project Manager; and similarly the Words "approved", acceptable", "satisfactory", "equal", Project Cost: The sum of the construction costs, allowances necessary', or words of like import to mean respectively, for contingencies, the total cost of design professional and approved by, or acceptable or satisfactory to, equal or related services provided by consultant, and allowances for necessary in the opinion of the City's Project Manager. In such other items as charges of all other professionals and resolving disputes and in all respects the City Manager's consultants. decision shall be final. Project Manager: The duly authorized representative 1.2 VENDOR REGISTRATION INSTRUCTIONS designated to manage the Project(s). Multiple departments will be utilizing this Contract and each department will It is the policy of the City to encourage full and open appoint a Project Manager to represent their department. competition among all available qualified vendors. All Request For Information (RFI) means a request from the vendors regularly engaged in the type of work specified in the Bid Solicitation are encouraged to submit bids. Vendors may Contractor seeking an interpretation or clarification relative enroll with the City to be included on a mailing list for selected to the Contract Documents. The RFI,which shall be clearly categories of goods and services. To be eligible for award of marked RFI, must clearly and concisely set forth the a contract (including small purchase orders), Bidders must issue(s) or item(s) requiring clarification or interpretation complete a Vendor Application. For information and to apply and why the response is required. The RFI shall set forth as a vendor, please visit our website the Contractor's interpretation or understanding of the at www.citynmb.com to download an application and document(s) in question, along with the reason for such submit it understanding. to Procurement Management Division, 17011 NE 19 Avenue, Scope of Service or Specifications: Document which Suite 315 North Miami Beach, Florida 33162. To get details the work to be performed by the Contractor. document, specifications and updates go to 5 www.citynmb.com. submitting your bid. NO OTHER FORM WILL BE 1.3 CONE OF SILENCE AND REQUEST FOR ADDITIONAL ACCEPTED. INFORMATION B. All information required by the bid form shall be "Cone of Silence," as used herein, means a prohibition on furnished. The Bidder shall sign each continuation sheet any communication regarding a particular Request for (where indicated)on which an entry is made. Proposal ("RFP"), Request for Qualification ("RFQ")or bid. C. Unit prices shall be shown and where there is an error in Pursuant to Section 2-11.1(t) of the County Code, all bid extension of prices,the unit price shall govern. solicitations, once advertised and until an award D. Alternate bids will not be considered unless authorized in recommendation has been forwarded to the appropriate the Invitation to Bid document. authority are under the "Cone of Silence". Any E. A Bid shall be considered non-responsive if it is communication or inquiries,except for clarification of process conditioned on modifications, changes, or revisions to or procedure already contained in the solicitation, are to be the terms and conditions or of the ITB. made in writing to the attention of the Chief Procurement Officer. Such inquiries or request for information shall be F.Proposed delivery time must be shown in calendar days, submitted to the Chief Procurement Officer and shall contain which shall include weekends and holidays. the requester's name, address, and telephone number. If Bid Prices are to include all labor, materials, equipment, transmitted by facsimile, the request should also include a overhead/indirect expenses and profit/margin, necessary for cover sheet with Bidder's facsimile number. The request may also be electronically mailed to bids @citynmb.com or mailed completion of the Work, except as may be otherwise to Procurement Management Division, 17011 NE 19 Avenue, expressly provided for in the Contract Documents. Suite 315, North Miami Beach, Florida 33162. The City of North Miami Beach is exempt from payment to its During Cone of Silence the following is prohibited: Any vendors of State of Florida sales tax and, therefore, such communication regarding this bid between a potential taxes should not be figured into the Bid. However, this vendor, service provider, bidder, lobbyist, or consultant and exemption does not transmit to suppliers to the City in their the City's professional staff including, but not limited to City (supplier) purchases of goods or services, used in work or Council, the City Manager and his or her staff. All goods supplied to the City. Contractors are responsible for communication regarding this bid should be sent in writing any taxes, sales or otherwise, levied on their purchases, only to the Procurement Management Division at subcontracts,employment, etc. An exemption certificate will bidsa citimmb.com. be signed where applicable, upon request. The City will pay no sales tax. 1.4 BIDDERS RESPONSIBILITIES 1.6 DESCRIPTION OF SUPPLIES Bidders are required to submit their proposals upon the A. Any manufacturer's names, trade names, brand names, following express conditions: or catalog numbers used in these applications are for the A. Bidders shall thoroughly examine the drawings, purpose of describing and establishing minimum specifications, schedules, instructions and all other requirements or level of quality, standards of contract documents. performance, and design required, and are in no way B. Bidders shall make all investigations necessary to intended to prohibit the bidding of other manufacturers' thoroughly inform themselves regarding site(s) and items of equal material, unless specifications state "NO facilities for delivery of material and equipment as required SUBSTITUTIONS." by the bid conditions. No plea of ignorance,by the Bidder, B. For Substitutions Bidders are required to state exactly of conditions that exist or that may hereafter exist as a what they intend to furnish; otherwise they shall be result of failure or omission on the part of the Bidder to required to furnish the items as specified. make the necessary examinations and investigations, or C. For Substitutions Bidders must submit, with their failure to fulfill in every detail the requirements of the proposal, necessary data (factory information sheets, contract documents, will be accepted as a basis for varying the requirements of the City or the compensation specifications, brochures, etc.) to evaluate and due the Bidder. determine the quality of the item(s)they are bidding. D. The City shall be the sole judge of equality and its C. Bidders are advised that all City contracts are decision shall be final. subject to all legal requirements provided for in the City of 1.7 SUBMISSION OF BIDS North Miami Beach Purchasing Code and applicable County Ordinances, State Statutes and Federal Statutes. A. The ITB, Bid Form and any addendum that may be 1.5 PREPARATION OF BIDS issued constitute the complete set of requirements for this ITB. The Bid Price Submittal Form page(s), and all Bids will be prepared in accordance with the following: forms contained in the ITB shall be completed, signed, A. Our enclosed Bid Proposal Form is to be used in and submitted in accordance with the requirements of 6 the ITB. All Bids shall be typewritten or filled in with pen shall inform the City of any change during the term of and ink, and must be signed by an officer or employee the Contract. having authority to bind the company or firm. Errors, I. Bidder by submitting its Bid certifies that it is qualified corrections, or changes on any document shall be and capable of performing the Work required under the initialed by the signatory of the Bid. Contract. As part of the Bid,the Bidder shall include the B. Bids and Addenda thereto shall be enclosed in sealed form entitled "Questionnaire". Failure to complete and envelopes addressed to the Chief Procurement Officer, submit this form or to meet this requirement shall result Joel Wasserman, City of North Miami Beach, 17011 NE in the Bid being deemed non-responsive. If the 19 Avenue, Room 315, North Miami Beach, Florida Contractor is deemed to not meet this requirement 33162. The name and address of the Bidder, the Bid during the performance of the Work, the Contractor number, the date and hour of the Bid opening, and the shall be in default of the Contract Documents. Bid name shall be placed on the outside of the envelope. 1.8 ADDENDA C. The Bid Form may contain multiple line items and the All questions about the meaning or intent of the ITB, Bidder shall provide prices for all line items and shall including any drawings,or specifications shall be directed in provide the price for the total Bid amount. Failure to writing and submitted by e-mail to the Procurement Division, include pricing on all line items as well as the total Bid at bidst citvnmb.com. Interpretation or clarifications Amount shall result in the Bid being found non- considered necessary by the City in response to such responsive. questions will be issued by means of addenda. . It is the D. Bids must be submitted on the forms furnished. E-mailed sole responsibility of the Bidder to obtain all addenda The and facsimile bids will not be considered. Bids shall be Procurement Division may issue an addendum in response dated and time stamped in Room 315 prior to bid to any inquiry received, prior to Bid opening,which changes, opening. Bidders shall have sole responsibility of adds to or clarifies the terms, provisions or requirements of insuring delivery of bids on time and to the proper the solicitation. Only questions answered by written location. addenda are binding. Oral and other interpretation or E. Bids will be publicly opened at the appointed time and clarifications will be without legal effect.. Where there place stated in the ITB and the names of the Bidders appears to be a conflict between this Bid solicitation and any will be announced. The City at its sole option may read addenda, the last addendum issued shall prevail. Bidder(s) the Bid prices. Late Bids will not be opened. The City shall acknowledge receipt of any formal Addenda by signing is not responsible for the premature opening of a Bid if the addendum and including it with their Bid or signing the the Bid is not properly sealed, addressed and labeled. addenda form. Failure to include signed formal Addenda or Bidders or their authorized agents are invited to be the Addenda Form in its Bid shall deem its Bid non- present at the Bid opening. Any additional information responsive provided, however, that the City may waive this on the Bid Submittals will be made available in requirement in its best interest. accordance with Florida Statute 119.071, Paragraph(b) 1.9 REJECTION OF BIDS of subsection (1), item 2, as amended. A. The City reserves the right to reject any or all proposals F. Bidders requesting a copy of the bid tabulation shall prior to award. Reasonable efforts will be made to either include a stamped,self-addressed envelope. award the contract or reject all proposals within one hundred G. Bids should be submitted in duplicate. Submit one and twenty(120)calendar days after proposals opening date. original signed in blue ink and five copies of the original. B. UNBALANCED BIDS WILL BE REJECTED. The City Please include in your proposal package a CD or flash reserves the right to reiect any Bid where line item pricing is drive containing a PDF file of the entire original determined to be unbalanced. Such determination shall be submission. made at the sole discretion of the City. An Unbalanced Bid, H. The Bidder represents and warrants that the Bidder is which shall be determined at the sole discretion of the City, not in arrears to the City and is not a defaulter as a includes, but is not limited to, pricing that is not consistent surety or otherwise upon any obligation to the City. In with pricing in the industry or with market conditions or a addition the Bidder warrants that the Bidder has not comparison to the pricing submitted by other Bidders. An been declared "not responsible" or "disqualified" by or Unbalanced Bid typically occurs where the prices for one or debarred from doing business with any state or local more line items are too low a price to cover the actual cost government entity in the State of Florida, the Federal to perform the Work (including overhead and profit) or too Government or any other State/local governmental high a price where excessive profit will occur. entity in the United States of America, nor is there any C. Any Bidder who, at the time of submission, is involved in proceeding pending pertaining to the Bidder's an ongoing bankruptcy as a debtor, or in a reorganization, responsibility or qualification to receive public liquidation, or dissolution proceeding, or if a trustee or agreements. The Bidder considers this warrant as receiver has been appointed over all or a substantial portion stated in this Article to be a continual obligation and of the property of the Bidder under federal bankruptcy law 7 or any state insolvency, the Bid may be declared non- prior to the award of a Contract. Bids will be considered responsive. Any Bidder who has filed a lawsuit against the only from firms which are regularly engaged in the City or where the City has filed a lawsuit or won a court business of providing the goods and/or services as judgment against a Bidder, such Bidder may be declared described in this Bid(s); meet the minimum qualifications non-responsible. as stated in Article 2.22; have a record of performance for 1.10 WITHDRAWAL OF BIDS a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they A. Bids may not be withdrawn and shall be deemed can satisfactorily deliver the material and/or services if enforceable for a period of 120 days after the time set for awarded a Contract under the terms and conditions herein the bid opening. stated. The terms "equipment and organization" as used B. Bids may be withdrawn prior to the time set for the bid herein shall be construed to mean a fully equipped and well established company in line with the best business opening. Such request must be in writing and submitted to the Chief Procurement Officer. practices in the industry and as determined by the proper authorities of the City. C. The City will permanently retain as liquidated damages the B. The City may consider any evidence available to it of the bid deposit furnished by any Bidder who requests to withdraw financial,technical and other qualifications and abilities of a bid after the bid opening. a Bidder, including past performance (experience) in 1.11 LATE BIDS OR MODIFICATIONS making the award in the best interest of the City. In all cases the City of North Miami Beach shall have no liability Only Bids or Proposals received as of opening date and time to any contractor for any costs or expense incurred in will be considered timely. Bids and modifications received connection with this bid or otherwise. after the time set for the bid opening will be rejected as late and considered non-responsive. 1.16 NOTICE REQUIREMENTS UNDER THE AGREEMENT 1.12 CONFLICTS WITHIN THE BID SOLICITATION All notices required or permitted under the Agreement shall be in writing and shall be deemed sufficiently there appears to be a conflict between the General fficiently served if delivered by Registered or Certified Mail, with return receipt Terms and Conditions, Special Conditions, Technical requested; or delivered personally; or delivered via fax or e- Specifications, Bid Submittal Section, or any addendum mail (if provided below) and followed with delivery of hard issued, the order of precedence shall be as follows:The last copy; and in any case addressed as follows: addendum issued, the General Terms and Conditions, the Special Conditions,the Technical Specifications, and the Bid To the City Submittal Section. 1.13 INVOICING/PAYMENT City of North Miami Beach Attention:Judeen Johnson All invoices should be sent to: City of North Miami Beach, Phone: 305-948-2983 Finance Department, 17011 NE 19 Avenue, 3"d Floor, North Fax: 305-957-3502 Miami Beach, Florida 33162. In accordance with Florida E-mail:Judeen.Johnson @citynmb.com State Statutes, Chapter 218, payment will be made within 45 and, days after receipt of services and a proper invoice. The City To the Procurement Office: cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D. Bidders should state any Joel Wasserman, CPPO payment discount in the space provided on the proposal Chief Procurement Officer form. Procurement Management Division 1.14 DISCOUNTS 17011 NE 19th Avenue, Suite 315 North Miami Beach, FL 33162 A. Bidders may offer a cash discount for prompt payment; Phone: (305)948-2946 however, such discounts shall NOT be considered in Fax: (305)957-3522 determining the lowest net cost for bid evaluation Email:bidsna.citvnmb.com purposes. Bidders are encouraged to reflect cash To the City Attorney: discounts in the unit prices quoted. Jose Smith B. In connection with any discount offered, time will be City Attorney computed from the date of receipt of supplies or services 17011 NE 19th Avenue, Suite 416 or from the date a correct invoice is received, whichever North Miami Beach, FL 33162 is the later date. Payment is deemed to be made on the Phone: (305)948-2939 date of mailing of the check. Fax: (305)787-6004 1.15 COMPETENCY OF BIDDERS Email:jose.smithacitvnmb.com To the Contractor A. Pre-award inspection of the Bidder's facility may be made 8 E. Successful Bidder shall be notified in writing of award. (INTENIONALLY LEFT BLANK) F. Delivery of materials and/or services shall be performed upon receipt by successful Bidder of a numbered, signed purchase order. 1.19 BID PROTESTS Notices will be sent to the Contractor at the physical address, The City shall provide notice of its intent to award or reject to e-mail address and to the person listed in the Contractor's all Bidders by posting such notice on the City's website within proposal,as applicable. two (2) working days after the posted review committee Either party may at any time designate a different meeting. address and/or contact person by giving notice as provided The Bidder must file a notice of protest in writing to the Chief above to the other party.Such notices shall be deemed given Procurement Officer within three (3) working days after the upon receipt by the addressee. posting of the notice of the City's intent to award, and shall 1.17 EMPLOYEES file a formal written protest within five (5)working days after filing the notice of protest,which meets all of the requirements All employees of the Contractor shall be considered to be at stated below. The notice of protest must be either, hand- all times the sole employees of the Contractor, under the delivered and date and time stamped by the Procurement Contractor's sole direction, and not employees or agents of Division, or sent via certified U.S. mail, return-receipt the City of North Miami Beach. The Contractor shall supply requested. Failure to file a protest within the time-frame competent and physically capable employees and the City is specified herein shall constitute a full waiver of all rights to authorized to require the Contractor to remove any employee protest the City's decision regarding the award of bid. it deems careless, incompetent, insubordinate or otherwise A. The written protest shall state in detail the specific facts objectionable and whose presence on City property is not in and law or ordinance upon which the protest of the the best interest of the City. proposed award is based, and shall include all pertinent Each employee at all times shall have and display in documents and evidence. plain view proper identification. The names of the employee B. A written protest may not challenge the relative weight of and the company shall be displayed on the front of the employee's shirt. evaluation criteria or a formula for assigning points. 1.18 AWARD OF BID C. Only a Bidder whose bid is timely received and fully complies with all terms and conditions of the bid,and has Award will be made only to responsive and responsible, been deemed responsive may protest an award. Bidder(s) possessing the potential ability to perform D. Upon receipt of a formal written protest, the City may successfully under the terms and conditions of these stop award proceedings until resolution of the protest; specifications. Consideration will be given to such matters as however, the award proceedings shall not be stopped if contractor integrity, compliance with public policy, record of the City Manager decides the award must continue past performance, references, and financial and technical without delay in order to avoid an immediate and serious resources. threat to the public health, safety, or welfare. A. The Review Committee will make a recommendation E. Any and all costs incurred by a protesting party in based upon the lowest responsive and responsible connection with a bid protest pursuant to this section Bidder(s)whose bid conforms to the Invitation for Bids and shall be the sole responsibility of the protesting party. is most advantageous to the City. If lowest fails to comply, then the second will be called upon, and so on. A protest shall be reviewed and evaluated administratively B. The City, in its sole discretion may award a contract to and a decision in writing shall be forwarded to the protesting more than one Bidder. firm. If the protesting firm does not agree with the administrative decision, they may appeal the decision in C. The City reserves the right to accept and award item by writing to the City Manager within five(5)working days.The item,and/or by group, or in the aggregate. notice of appeal must be either hand-delivered and date and D. One or more Contractors may be designated as approved time stamped by the City Manager's Office, or sent via Primary or Secondary Vendor(s) for the delivery of certified U.S. mail, return-receipt requested to the City material and/or services from this contract through the Manager. The decision of the City Manager, which shall be effective period of the award. In any situation where based solely on the documentation submitted as part of the obtaining services from the Primary Vendor (s) is not in formal protest together with any information or the best interest of the city, or the vendor cannot deliver documentation obtained by the Chief Procurement Officer will material and/or services within 24 hours of date required, be final and submitted with his/her recommendation to the or on an emergency basis, staff may obtain services from City Council if the award exceeds$50,000.00. the Secondary Vendor(s). Any person who files a formal written protest shall post with 9 the Chief Procurement Officer, at the time of filing the formal with such individual, corporation or entity. Such individual or written protest,a cashier's check made payable to the City of entity shall be responsible for all direct or indirect costs North Miami Beach in an amount equal to(one) 1% percent associated with termination or cancellation, including of the City's estimate of the total amount of the contract or attorney's fees. $5,000,whichever is less. Failure to submit the payment will 1 25 COLLUSION result in the reject of the protest as not being filed in a timely manner. The Bidder, by affixing his signature to this proposal, agrees If the decision of the City Manager or designee upholds the to the following: "Bidder certifies that his/her Bid is made action taken by the City, then the deposit becomes non- without previous understanding, agreement, or connection refundable and the City shall retain the deposit as payment with any person, firm or corporation, making a bid for the for a portion of the cost and expense,including but not limited same items, or the initiating City department, and is in all to,time spent by City staff in responding to the protest and in respects fair, without outside control, collusion, fraud, or conducting the evaluation of the protest. If the decision of the otherwise illegal action." City Manager or designee does not uphold the action taken 1.26 MAINTAINING BID STATUS by the City, then the City shall return the amount of the cashier's check without deduction, to the person or entity To be retained on the active bidders list, Bidder MUST filing the protest. respond to this Invitation to Bid. To protect your status as an active bidder, please complete and return the last page of the 1.20 CONTRACT Bid Proposal Form indicating reason for"No Bid"at this time. A Contract shall be sent to the awarded bidder to be signed, Three (3) consecutive failures to respond to bid invitations witnessed, and returned to the City for execution. The City may result in removal from the bidders list. will provide a copy of the fully executed agreement to the 1.27 PUBLIC RECORDS LAW awarded bidder. Pursuant to Florida Statute 119.07, public records may be 1.21 DISQUALIFICATION OF BIDDERS inspected and examined by anyone desiring to do so, at a A Bidder may be disqualified temporarily or permanently and reasonable time, under reasonable conditions, and under his/her Bid(s)rejected for supervision by the custodian of the public record. Sealed Bids and Proposals become subject to this statute, A. Poor performance or default, in the City's opinion, on notwithstanding Bidders' or Proposers' requests to the previous contracts with the City contrary, at the time the City provides notice of a decision or B. Poor performance or default, in the City's opinion, on intended decision, or 30 days after bid or proposal opening, previous contracts with other public entities. whichever is earlier. Financial statements submitted in response to a request by C. Insufficient financial or company size, in the City's opinion, the City are confidential, and exempt from disclosure. Data to perform the requirements of the contract. processing software obtained under a licensing agreement 1.22 SUBCONTRACTING which prohibits its disclosure is also exempt. Unless otherwise specified in this Bid Solicitation, the Bidders are hereby notified and agree that all information successful Bidder shall not subcontract any portion of the submitted as part of, or in support of bid submittals will be work without the prior written consent of the City. The ability available for public inspection after opening of Bids in to subcontract may be further limited by the Special compliance with Chapter 119 of the Florida Statutes. The Conditions. Subcontracting without the prior consent of the Bidder shall not submit any information in response to this City may result in termination of the Contract for default. invitation which the Bidder considers to be a trade secret, 1.23 ASSIGNMENT proprietary or confidential. The submission of any information to the City in connection with this invitation shall The successful Bidder shall not assign,transfer,hypothecate, be deemed conclusively to be a waiver of any trade secret or or otherwise dispose of this Contract, including any rights, other protection, which would otherwise be available to the title or interest therein, or its power to execute such contract Bidder. In the event that the Bidder submits information to to any person, company or corporation without the prior the City in violation of this restriction, either inadvertently or written consent of the City and City's approval. intentionally and clearly identifies that information in the Bid 1.24 FRAUD AND MISREPRESENTATION as protected or confidential,the City shall endeavor to redact and return that information to the Bidder as quickly as In accordance with City Purchasing Policy 3.6 and pursuant possible, and if appropriate, evaluate the balance of the Bid. to Section 2-8-1.4 of the Miami-Dade County Code, any The redaction or return of information pursuant to this clause individual,corporation or other entity that attempts to meet its may render a Bid non-responsive. contractual obligations with the City through fraud, 1.28 REQUEST FOR PROPOSAL misrepresentation or material misstatement, may be debarred from doing business with the City. The City as Should these "General Conditions" be used in the further sanction may terminate or cancel any other contracts specifications for a Request for Proposal, every reference to 10 a Bid shall be and mean the same as proposal. contained in the initial award. Should the City add additional 1.29 INDEMNIFICATION AND HOLD HARMLESS line items the City shall do so through the Change Order AGREEMENT process. An Unbalanced Bid, includes, but is not limited to, pricing that is not consistent with pricing in the industry or The Contractor shall indemnify and hold harmless the City with market conditions and a comparison to the pricing its officers, employees, agents and instrumentalities from submitted by other Bidders. An Unbalanced Bid typically any and all liability, losses or damages, including attorney's occurs where the prices for one or more line items are too fees and costs of defense, which the City or its officers, low a price to cover the actual cost to perform the Work employees, agents, or instrumentalities may incur as a (including overhead and profit) or too high a price where result of claims, demands, suits, causes of actions or excessive profit will occur. proceedings of any kind or nature arising out of, relating to 1.33 DELIVERY, INSPECTION &TITLE or resulting from the performance of the agreement by the Contractor or its employees, agents, servants, partners, Prices quoted and deliveries are to be FOB Destination, principals or subcontractors. The Contractor shall pay all freight included,and unloaded, unless otherwise specified in claims and losses in connection therewith, and shall the Invitation for Bids, and made during regular business investigate and defend all claims, suits, or actions of any hours. Receipt shall not constitute acceptance. Inspection kind or nature in the name of the City, where applicable, and acceptance shall occur after delivery. Title to/or risk of including appellate proceedings, and shall pay all costs, loss or damage to all items shall be the responsibility of the judgments, and attorney's fees which may be incurred Contractor until acceptance by the City unless loss or thereon. The Contractor expressly understands and agrees damage results from negligence by the City. If the materials that any insurance protection required by this contract or or services supplied to the City are found to be defective or otherwise provided by the Contractor shall in no way limit to not conform to specifications,the City reserves the right to the responsibility to indemnify,keep and save harmless and cancel the order upon written notice to the Contractor and defend the City or its officers, employees, agents, and return product at Bidder's expense. Contractor is responsible instrumentalities as herein provided. The above for making all claims against carriers for damaged or missing indemnification provisions shall survive the expiration or items. termination of this contract. All deliveries shall be made in accordance with the 1.30 CONFLICT OF LAW manufacturer's requirements and instructions for the If and when this Contract is disputed, and should it be handling, delivery and storage of all equipment and necessary to litigate, the substantive and procedural laws of materials. Contractor must inspect all equipment and the State of Florida shall govern the outcome of such materials immediately prior to installation and must not litigation. This shall apply notwithstanding such factors which install any damaged or defective items. include, but are not limited to, place where Contract is Where materials are transported in the performance of the entered into, place where accident arises and not Work, vehicles must not be loaded beyond the capacity withstanding application of conflicts of law principles. recommended by the vehicle manufacturer or permitted by 1.31 INTERPRETATION OF THE APPROXIMATE Federal,State or local law(s). When it is necessary to cross QUANTITIES curbing or sidewalks, protection against damage must be provided by the Contractor and any damaged curbing, The Bidder's attention is called to the fact that the estimate of drainage, grass areas, sidewalks or other areas must be quantities to be furnished under the specifications is repaired at the expense of the Contractor to the satisfaction approximate only and not guaranteed. The City does not of the Project Manager. assume any responsibility that the final quantities shall 1' WARRANTY remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception Unless otherwise specified in the Special Conditions, because of such estimate of quantities. Contractor shall provide a one year warranty covering 1.32 QUANTITIES services, equipment, parts, materials and labor. The City specifically reserves the right to accept all or any Where a manufacturer or supplier provides a warranty part of the bid,to split the award,to increase or decrease the greater than one year the Contractor shall provide the quantity to meet additional or reduced requirements of the manufacturer or suppliers warranty to the City. The Bidder City,without such change affecting the Contract unit price set should submit information on both the manufacturer's or forth in the proposal form by the Bidder. supplier's warranties, where applicable, with the bid proposal. All goods furnished shall be fully guaranteed by the Bidders must include a price for all line items unless the Bid successful Bidder against factory defects and workmanship Form states otherwise. The City reserves the right to reject and shall be fit for its intended purpose. unbalanced bids as non-responsive. At no expense to the City,the successful Bidder shall correct The City reserves the right, at its sole discretion to request any and all apparent and latent defects that may occur within price quotes for the Contractor for additional items not the manufacturer's standard warranty. The Special 11 Conditions of the Bid solicitation may supersede the standard commercial packaging. Any exceptions to this manufacturer's standard warranty. provision shall be detailed on the proposal page under 1.35 MODIFICATION OF CONTRACT exceptions to specifications. Returns and any equipment or materials that show use, rust, damage or have been in The Contract may be modified by mutual consent, in writing inventory for more than six (6) months shall not be through the issuance of a modification to the Contract, considered new. purchase order, change order or award sheet, as 1.38 SAMPLES appropriate. 1. 36 MATERIAL SAFETY DATA SHEET(MSDS) Samples, when required, must be submitted within the time specified at no expense to the City. If not destroyed or used Under the terms of the Florida Right-to-Know Law(Chapter up during testing, samples will be returned upon request at 442, Florida Statutes),all suppliers of products deemed to be the Bidder's expense. Each individual sample must be toxic in substance, as indicated in the State of Florida labeled with Bidder's name and manufacturer's brand name Substance List,are required to submit a Material Safety Data and number. Sheet (MSDS) for each substance as a condition of the 1.39 PUBLIC ENTITY CRIMES award of the bid by the City. At a minimum the MSDS information shall include the A person or affiliate who has been placed on the convicted following information: vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or • The chemical name and the common name of the services to a public entity, may not submit a bid on a contract substance. with a public entity for the construction or repair of a public • The hazards or other risks in the use of the building or public work,may not submit bids on leases of real substance, including: property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant o The potential for fire, explosion, corrosion, and under a contract with any public entity, and may not transact reaction; business with any public entity in excess of the threshold o The known acute and chronic health effects of amount provided in Florida Statutes, Section 287.017, for risks from exposure, including the medical CATEGORY TWO for a period of 36 months from the date of conditions which are generally recognized as being placed on the convicted vendor list. being aggravated by exposure to the substance; and 1.40 DISCRIMINATION o The primary routes of entry and symptoms of Any entity or affiliate who has been determined by the City overexposure. to discriminate, blacklist or refuse to do business with any • The proper precautions, handling practices, person or company due to religions, race or national origin necessary personal protective equipment, and may not submit a bid on a contract to provide goods or other safety precautions in the use of or exposure services to the City, and may not submit bids on leases of to the substances, including appropriate real property to a public entity, may not award or perform emergency treatment in case of overexposure. work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact • The emergency procedure for spills,fire,disposal, business with any public entity. Bidder must complete the and first aid. attached Form BA, Blacklist Affidavit. Failure to complete • A description in lay terms of the known specific this form will result in the rejection of the Bid as non- potential health risks posed by the substance responsive. The City, in its sole discretion, may allow the intended to alert any person reading this Bidder to submit the Affidavit during the bid evaluation information. phase. • The year and month, if available, that the 1.41 DRUG-FREE WORKPLACE PROGRAM information was compiled and the name, address, and emergency telephone number of the Bidders are required to maintain and enforce a Drug-Free manufacturer responsible for preparing the Workplace Program for the duration of the agreement and information. any extensions thereof. Bidders shall complete and submit a copy of the attached form and a copy of the program with 1.37 CONDITION OF MATERIALS AND PACKAGING their bid. All equipment,materials,supplies,and components supplied 1.42 SOLICITATION, GIVING, AND ACCEPTANCE OF under this Bid must be new and unused, free from defects, GIFTS POLICY and shall be the latest manufacturer's models unless otherwise specified. No others will be accepted under the Bidder by signing and submitting its Bid the Bidder certifies terms and intent of this bid. All containers shall be new and that it understands and shall comply with the City's and suitable for storage or shipment, and Bid price shall include State's policies prohibiting solicitation and acceptance of gifts by public officers,employees, or candidates. 12 Failure to submit this signed form will result in the Bid being The City encourages its Departments and their staff to be declared non-responsive; provided, however, that the low innovative and demonstrate leadership by incorporating Bidder may be given the opportunity to submit the form to the progressive and best-practice sustainability specifications, City within five calendar days after notification by the City, if strategies and practices in procurement decisions. this is determined to be in the best interest of the City. Departments shall buy recycled and other environmentally 1.43 PURCHASING AGREEMENTS WITH OTHER preferable products whenever practicable. GOVERNMENTAL AGENCIES The City shall require its contractors and consultants to use It is hereby made part of this Invitation to Bid that the recycled and other environmentally preferable products submission of any bid response to this advertised request whenever practicable. constitutes a bid made under the same terms and The City shall promote the use of recycled and other conditions, for the same price, to other government environmentally preferable products by publicizing its agencies if agreeable by the Bidder and the government environmental purchasing policy and its implementation, agency. consistent with this policy. At the option of the vendor/Contractor, the use of the The City shall communicate its commitment to sustainable Contract resulting from this solicitation may be extended to procurement by modeling the best product and services other governmental agencies, including the State of choices to citizens, other public agencies and private Florida, its agencies, political subdivisions, counties, and municipalities. companies. Each governmental agency allowed by the The Purchasing Division will take the lead in including vendor/Contractor to use this contract shall do so environmentally preferable product specifications in bid independently of any other governmental entity. Each documents and district contracts, as appropriate. agency shall be responsible for its own purchases and The City shall aim to maximize the proportion of goods and shall be liable only for goods or services ordered,received, services that come from local providers with acceptable and accepted. No agency receives any liability by virtue of environmental practices,thereby reducing the environmental this bid and subsequent contract award impact of transportation wherever feasible and supporting a 1.44 ACCESS TO RECORDS sustainable local economy. The City reserves the right to require the Contractor to The City shall seek opportunities to pool purchases with submit to an audit. The Contractor shall provide access to others to enhance markets for environmentally preferable all of its records which relate directly or indirectly to the products, to obtain favorable prices, and to reduce waste Agreement at its place of business during regular business packaging,transportation, and product cost. hours. The Contractor shall retain all records pertaining to The City shall encourage and promote both local and national the Agreement and upon request make them available to companies to bring forward emerging and progressive the City for three years following expiration of the sustainable products and services, by being a consumer of Agreement. The Contractor agrees to provide such such products and companies. assistance as may be necessary to facilitate the review or RESPONSIBILITIES OF THE PURCHASING DIVISION audit by the City to ensure compliance with applicable accounting and financial standards at no cost to City. Preparing or revising bid documents and contract language 1.45 GREEN PROCUREMENT POLICY where necessary to implement this chapter, PURPOSE Researching opportunities for procurement of recycled and other environmentally preferable products and The purpose of this policy is to ensure that the City of North communicating these to appropriate county departments for Miami Beach departments purchase recycled and other evaluation and purchase; environmentally preferable products whenever the products Collecting data on purchases by departments of recycled and meet the price and performance requirements of the City. other environmentally preferable products; and The City recognizes that the products and services the City Preparing and submitting a report to the City Manager each buys have inherent social, human, health, environmental year by March 31,describing the progress of departments in and economic impacts; thus the City should make implementation of the environmental purchasing policy, procurement decisions that consider the reduction of its including the following elements: environmental footprint and promote practices that improve human health, and conserve natural resources. A. Quantities, costs and types of recycled and other POLICIES environmentally preferable products purchased; B. A summary of savings achieved through the purchase of GENERAL POLICIES recycled and other environmentally preferable products; C. A summary of program promotional efforts;and D. Recommendations for changes in procurement policies. 13 RESPONSIBILITIES OF DEPARTMENTS GREEN PURCHASING RESOURCES Assigning appropriate personnel to evaluate opportunities for The Procurement Division shall maintain and distribute to buying recycled and other environmentally preferable staff a list of resources and educational materials regarding products reflected in federal guidance or communicated by accessing and purchasing environmentally preferable Purchasing Division. products. Some of these resources include the following: Purchasing recycled and other environmentally preferable A. U.S. Communities Going Green Program is the one-stop products whenever practicable;and source for public agency access to a broad line of Seeking opportunities to pool purchases with others to responsible purchasing products, services and resources. enhance markets for environmentally preferable products,to In addition to comprehensive contracts that offer eco- friendly products, agencies will find a wealth of valuable obtain favorable prices, and to reduce waste packaging, information and resources that will help lower the transportation, and product cost environmental impact within the community and will assist RULES AND REGULATIONS FOR PROCUREMENT OF in making educated decisions about the products an PAPER PRODUCTS agency purchases. http://www.gogreencommunities.org/ Departments shall buy recycled or other environmentally B. U.S. EPA Environmentally Preferable Purchasing (EPP): preferable paper whenever practicable. http://www.epa.gov/epp/ Departments shall use recycled paper for all imprinted C. The Responsible Purchasing Network (RPN) is a national letterhead paper and business cards. network of procurement-related professionals dedicated to Departments shall publicize the city's use of recycled paper socially responsible and environmentally sustainable by including a recycling logo and an indication of recycled Purchasing. http://www.responsiblepurchasing.org/ content on all printed material,to the extent practicable. D. ENERGY STAR is a joint program of the U.S. Departments shall use both sides of sheets of paper Environmental Protection Agency and the U.S.Department whenever practicable. of Energy helping to save money and protect the environment through energy efficient products and Departments shall require all contractors or consultants practices. http//www.energystar.gov/ submitting proposals to use recycled paper and use both E. Electronic Product Environmental Assessment Tool sides of sheets of paper whenever practicable. (EPEAT) is a system to help purchasers in the public and RULES AND REGULATIONS FOR PROCUREMENT OF private sectors evaluate, compare and select desktop LUBRICATING AND FUEL OILS computers, notebooks and monitors based on their environmental attributes. http://www.epeat.net Departments shall purchase environmentally preferable oils whenever practicable. ANNUAL REVIEW OF POLICY When departments specify re-refined lubricating oil in The City shall annually review its Green Procurement Policy procurements,they shall purchase re-refined oil if the price is to evaluate the following: its effectiveness, savings, no more than ten percent higher than the price of non-re- potential changes, and expansion of policy to reflect refined oil. national trends and best practices. DEFINITIONS 1.46 INSURANCE REQUIREMENTS Environmentally Preferable Product: A product that has a The Contractor shall maintain and carry in full force during reduced negative effect or increased positive effect on the Term the insurance required herein. Upon City's human health and the environment when compared with notification,the Contractor shall furnish to the Procurement competing products that serve the same purpose. This Management Division, Certificates of Insurance that comparison may consider raw materials acquisition, indicate that insurance coverage has been obtained which production, fabrication, manufacturing, packaging, meets the requirements as outlined below: distribution, reuse,operation, maintenance, and disposal of 1.Worker's Compensation Insurance for all employees of the product. This term includes, but is not limited to, the Contractor as required by Florida Statute 440. Should recyclable products, recycled products, and reusable the Contractor be exempt from this Statute,the Contractor products. and each employee shall hold the City harmless from any EXEMPTIONS injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement Nothing in this policy shall be construed as requiring a department or contractor to procure products that do not detailing the number of employees and that they are not perform adequately for their intended end use or are not required to carry Worker's Compensation insurance, and do not anticipate hiring any additional employees during available at a reasonable price in a reasonable period of time. the term of this contract or a copy of a Certificate of Exemption. 14 2.General Liability Insurance on a comprehensive basis in comply, the Contractor shall be in default of the contractual an amount not less than $1,000,000 per person, terms and conditions and award of the Contract will be $2,000,000 per occurrence for bodily injury and property rescinded,unless such time frame for submission has been damage. City of North Miami Beach must be shown extended by the City. as an additional insured with respect to this The Contractor shall be responsible for assuring that the coverage. The mailing address of City of North Miami insurance certificates required in conjunction with this Beach 17011 NE 19 Avenue, Suite 315, North Miami Section remain in force for the duration of the contractual Beach, Florida 33162, as the certificate holder, must period of the Contract, including any and all option years or appear on the certificate of insurance. extension periods that may be granted by the City. If 3.Automobile Liability Insurance covering all owned, insurance certificates are scheduled to expire during the non-owned, and hired vehicles used in connection with contractual period, the Contractor shall be responsible for the Services, in an amount not less than $1,000,000 per submitting new or renewed insurance certificates to the City person and $2,000,000 per occurrence. City of North at a minimum of thirty(30)calendar days in advance of such Miami Beach must be shown as an additional insured expiration. In the event that expired certificates are not with respect to this coverage. The mailing address of replaced with new or renewed certificates which cover the City of North Miami Beach 17011 NE 19 Avenue,Suite contractual period, the City shall suspend the Contract until 315, North Miami Beach, Florida 33162, as the such time as the new or renewed certificates are received certificate holder, must appear on the certificate of by the City in the manner prescribed herein; provided, insurance. however,that this suspended period does not exceed thirty The insurance coverage required shall include those (30) calendar days. Thereafter, the City may, at its sole classifications, as listed in standard liability insurance discretion,terminate this contract. manuals, which most nearly reflect the operation of the 1.47 CITY WEBSITE Contractor. All insurance policies required above shall be Bids, addenda, bid tabulations, lists of pre-bid conferences issued by companies authorized to do business under the attendees and other information is available on the laws of the State of Florida with the following qualifications: Procurement Management Division's"Bid's&RFP's" page, The company must be rated no less than "B" as to which can be found at:www.citvnmb.com/Durchasinq. management, and no less than "Class V" as to financial 1.48 DISCLAIMER strength, according to the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick, New The City of North Miami Beach may, in its sole and absolute Jersey,or its equivalent,subject to the approval of the City's discretion, accept or reject, in whole or in part, for any Risk Management Division. reason whatsoever any or all Bids; re-advertise this Bid; Certificates of Insurance must indicate that for any postpone or cancel at any time this Bid process; or, waive cancellation of coverage before the expiration date,the any formalities of or irregularities in the bidding process. issuing insurance carrier will endeavor to mail thirty Bids that are not submitted on time and/or do not conform (30)day written advance notice to the certificate holder. to the City of North Miami Beach's requirements will not be In addition,the Contractor hereby agrees not to modify considered. After all bids are analyzed, organizations) the insurance coverage without thirty(30) days written submitting bids that appear, solely in the opinion of the City advance notice to the City. of North Miami Beach, to be the most competitive, shall be submitted to the City of North Miami Beach's City Council, NOTE: CITY OF NORTH MIAMI BEACH CONTRACT and the final selection will be made shortly thereafter with a NUMBER AND TITLE MUST APPEAR ON timetable set solely by the City of North Miami Beach. The EACH CERTIFICATE OF INSURANCE. selection by the City of North Miami Beach shall be based Compliance with the foregoing requirements shall not on the bid, which is, in the sole opinion of the City Council relieve the Contractor of this liability and obligation under of the City of North Miami Beach, in the best interest of the this section or under any other section in the Agreement. City of North Miami Beach. The issuance of this bid constitutes only an invitation to make presentations to the Award of this Contract is contingent upon the receipt of the City of North Miami Beach. The City of North Miami Beach insurance documents, as required, within fifteen (15) reserves the right to determine, at its sole discretion, the calendar days after City notification to Contractor to comply lowest responsive and responsible Bidder. In all cases the before the award is made. If the insurance certificate is City of North Miami Beach shall have no liability to any received within the specified time frame but not in the contractor for any costs or expense incurred in connection manner prescribed in the Agreement, the Contractor shall with this bid or otherwise. be verbally notified of such deficiency and shall have an 1.49 ORDER OF PRECEDENCE additional five (5) calendar days to submit certificate to the City. If the Contractor fails to submit the required insurance If there is a conflict between or among the provisions documents in the manner prescribed in the Agreement of the Agreement, the order of precedence is as follows: within twenty (20) calendar days after City notification to A.Change orders 15 B. Last addendum issued Contract. All Work and Services shall be accomplished at C. General Terms and Conditions the direction of and to the satisfaction of the City's Project D. Special Conditions Manager. E. Technical Specifications The Contractor acknowledges that the City shall be F. Contractor's Bid Response responsible for making all policy decisions regarding the Scope of Services. The Contractor agrees to provide input If there is a conflict between the drawing and specifications, on policy issues in the form of recommendations. the order of precedence is as follows: The Contractor agrees to implement any and all changes in A. Scope of Work and Specifications govern over Plans and providing Services hereunder as a result of a policy change Drawings. implemented by the City. The Contractor agrees to act in B. Schedules, when identified as such will govern over all an expeditious and fiscally sound manner in providing the other portions of the Plans City with input regarding the time and cost to implement said C. Specific notes will govern over all other notes, and all changes and in executing the activities required to other portions of the Plans, unless specifically stated implement said changes. otherwise 1.51 PAYMENT FOR SERVICES/AMOUNT OBLIGATED D. Larger scale drawings will govern over smaller scale The Contractor warrants that it has reviewed the City's drawings requirements and has asked such questions and conducted E. Figured or numerical dimensions will govern over such other inquiries as the Contractor deemed necessary in dimensions obtained by scaling order to determine the price the Contractor will charge to F. Where provisions of codes, manufacturer's provide the Work and Services to be performed under this specifications or industry standards are in conflict, the Contract. The compensation for all Work and Services more restrictive, strict, or higher quality will govern performed under this Contract, including all costs associated with such Work and Services,shall be in the total 1.50 NATURE OF THE AGREEMENT amount submitted on the Bid Form. The City shall have no The Agreement incorporates and includes all negotiations, -to ay the Contractor any additional sum(s) in correspondence, conversations, agreements, and excess of this amount, except for a change and/or understandings applicable to the matters contained in the modification to the Contract which is approved and Agreement. The parties agree that there are no executed in writing by the City and the Contractor. commitments, agreements, or understandings concerning All Services undertaken by the Contractor before City's the subject matter of the Agreement that are not contained approval of this Contract shall be at the Contractor's risk and in the Agreement, and that the Agreement contains the expense. entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation 1.52 PRICING from the terms hereof shall be predicated upon any prior Prices shall remain firm and fixed for the term of the representations or agreements,whether oral or written. It is Contract unless otherwise stated in the ITB, including any further agreed that any oral representations or modifications option or extension periods; however, the Contractor may concerning the Agreement shall be of no force or effect,and offer incentive discounts to the City at any time during the that the Agreement may be modified, altered or amended Contract term, including any renewal or extension thereof. only by a written amendment duly executed by both parties hereto or their authorized representatives. 1.53 MANNER OF PERFORMANCE The Contractor shall provide the services set forth in the A. The Contractor shall provide the Services described Scope of Services, and render full and prompt cooperation herein in a competent and professional manner with the City in all aspects of the Services performed satisfactory to the City in accordance with the terms and hereunder. conditions of the Agreement. The City shall be entitled The Contractor acknowledges that the Agreement requires to a satisfactory performance of all Services described the performance of all things necessary for or incidental to herein and to full and prompt cooperation by the the effective and complete performance of all Work and Contractor in all aspects of the Services. At the request Services under this Contract. All things not expressly of the City, the Contractor shall promptly remove from mentioned in the Agreement but necessary to carrying out the project any Contractor's employee,subcontractor,or its intent are required by the Agreement,and the Contractor any other person performing Services hereunder. The shall perform the same as though they were specifically Contractor agrees that such removal of any of its mentioned, described and delineated. employees does not require the termination or demotion of any employee by the Contractor. The Contractor shall furnish all labor, materials, tools, supplies, and other items required to perform the Work and B. The Contractor agrees that at all times it will employ, Services that are necessary for the completion of this maintain and assign to the performance of the Services 16 a sufficient number of competent and qualified conditions, and claims for damages, compensation and professionals and other personnel to meet the losses shall be the responsibility of the Chief Procurement requirements to which reference is hereinafter made. Officer for the City. The Contractor agrees to adjust its personnel staffing C. The Contractor shall be bound by all determinations or levels or to replace any of its personnel upon reasonable orders and shall promptly obey and follow every order of request from the City, should the City make a the Project Manager, including the withdrawal or determination, in its sole discretion that said personnel modification of any previous order and regardless of staffing is inappropriate or that any individual is not whether the Contractor agrees with the Project Manager's performing in a manner consistent with the requirements determination or order. Where orders are given orally, for such a position. they will be issued in writing by the Project Manager as C. The Contractor warrants and represents that its soon thereafter as is practicable. personnel have the proper skill, training, background, D. The Project Manager shall not be responsible for knowledge, experience, rights, authorizations, integrity, construction means, methods, techniques, sequences or character and licenses as necessary to perform the procedures, or for safety precautions and programs in Services described herein, in a competent and connection with the Work, and will not be responsible for professional manner. the Contractor's failure to carry out the Work in D. The Contractor shall at all times cooperate with the City accordance with the Contract Documents. The Project and coordinate its respective work efforts to most Manager shall not be responsible for the acts or effectively and efficiently maintain the progress in omissions of the Contractor, any Subcontractor, or any of performing the Services. its agents, employees, or any other persons performing E. The Contractor shall comply with all provisions of all any of the Work. federal, state and local laws, statutes, ordinances, and 1.56 CLAIMS/DISPUTES regulations that are applicable to the performance of the A. The Contractor must,in the final instance,seek to resolve Agreement. every difference concerning the Agreement with the 1.54 INDEPENDENT CONTRACTOR RELATIONSHIP Project Manager. In the event that the Contractor and the The Contractor is, and shall be, in the performance of all Project Manager are unable to resolve their difference, work services and activities under the Agreement, an the Contractor may initiate a dispute in accordance with independent contractor, and not an employee, agent or the procedures set forth in the section below. Exhaustion servant of the City. All persons engaged in any of the work of these procedures shall be a condition precedent to any or services performed pursuant to the Agreement shall at all lawsuit permitted hereunder. times, and in all places, be subject to the Contractor's sole B. In the event of such dispute,the parties to the Agreement direction, supervision and control. The Contractor shall authorize the City Manager or designee, who may not be exercise control over the means and manner in which it and the Project Manager or anyone associated with this its employees perform the work, and in all respects the Project, acting personally, to decide all questions arising Contractor's relationship and the relationship of its out of, under, or in connection with, or in any way related employees to the City shall be that of an independent to or on account of the Agreement (including but not contractor and not as employees and agents of the City. limited to claims in the nature of breach of contract,fraud The Contractor does not have the power or authority to bind or misrepresentation arising either before or subsequent the City in any promise, agreement or representation other to execution hereof)and the decision of each with respect than specifically provided for in the Agreement. to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on parties. 1.55 AUTHORITY OF THE CITY'S PROJECT MANAGER Any such dispute shall be brought, if at all, before the City A. The Contractor hereby acknowledges that the City's Manager within 10 days of the occurrence, event or act out of which the dispute arises. Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, The City Manager may base this decision on such or in connection with, or in any way related to or on assistance as may be desirable, including advice of account of, the Agreement including without limitations: experts, but in any event shall base the decision on an interpretation of the Scope of Work; questions as to the independent and objective determination of whether value, acceptability and fitness of the Services;. The Contractor's performance or any Deliverable meets the Project Manager may delegate some of his/her requirements of the Agreement and any specifications responsibilities in writing to the Consultant. with respect thereto set forth herein. The effect of any B. Questions as to either party's fulfillment of its obligations decision shall not be impaired or waived by any negotiations or settlements or offers made in connection under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of with the dispute, whether or not the City Manager the Bid or Work; interpretation of the Contract terms and participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review,or 17 by any termination or cancellation of the Agreement. All 1.58 AUDITS such disputes shall be submitted in writing by the The City, or its duly authorized representatives or Contractor to the City Manager for a decision, together governmental agencies shall,until the expiration of three(3) with all evidence and other pertinent information in regard years after the expiration of the Agreement and any to such questions, in order that a fair and impartial extension thereof, have access to and the right to examine decision may be made. The parties agree that whenever and reproduce any of the Contractor's books, documents, the City Manager is entitled to exercise discretion or papers and records and those of its subcontractors and judgment or to make a determination or form an opinion suppliers which apply to all matters of the City as needed. pursuant to the provisions of this Article,such action shall Such records shall conform to Generally Accepted be deemed fair and impartial when exercised or taken. Accounting Principles requirements, as applicable, and The City Manager shall render a decision in writing and shall only address those transactions related to the deliver a copy of the same to the Contractor. Except as Agreement. such remedies may be limited or waived elsewhere in the g Agreement, Contractor reserves the right to pursue any The Contractor agrees to grant access to the City's Auditor remedies available under law after exhausting the to all financial and performance-related records, property, provisions of this Article. and equipment purchased in whole or in part with Contractor must continue to perform all Work under the government funds. The Contractor agrees to maintain an Contract during all disputes or disagreements with Town, accounting system that provides accounting records that including disputes or disagreements concerning a request are supported with adequate documentation,and adequate for a Change Order and Work must not be delayed or procedures for determining the allowability and allocability postponed pending resolution of any disputes or of costs. disagreements without the prior written approval of the 1.59 SUBSTITUTION OF PERSONNEL Project Manager. In the event the Contractor wishes to substitute personnel 1.56 MUTUAL OBLIGATIONS for the key personnel identified by the Contractor's A. The Agreement, including attachments and appendices Proposal, the Contractor must notify the City in writing and to the Agreement, shall constitute the entire Agreement request written approval for the substitution at least ten (10) between the parties with respect hereto and supersedes business days prior to effecting such substitution. all previous communications and representations or 1.60 SUBCONTRACTUAL RELATIONS agreements,whether written or oral, with respect to the A. If the Contractor will cause any part of the Agreement to subject matter hereto unless acknowledged in writing by the duly authorized representatives of both parties. be performed by a subcontractor, the provisions of this Contract will apply to such subcontractor and its officers, B. Nothing in the Agreement shall be construed for the agents and employees in all respects as if it and they were benefit, intended or otherwise, of any third party that is employees of the Contractor; and the Contractor will not not a parent or subsidiary of a party or otherwise related be in any manner thereby discharged from its obligations (by virtue of ownership control or statutory control) to a and liabilities hereunder, but will be liable hereunder for party. all acts and negligence of the subcontractor, its officers, C. In those situations where the Agreement imposes an agents, and employees, as if they were employees of the indemnity or defense obligation on the Contractor, the Contractor. The services performed by the subcontractor City may, at its expense, elect to participate in the will be subject to the provisions hereof as if performed defense if the City should so choose. Furthermore, the directly by the Contractor. City may at its own expense defend or settle any such B. The Contractor, before making any subcontract for any claims if the Contractor fails to diligently defend such portion of the services, will state in writing to the City the claims, and thereafter seek indemnity for costs and name of the proposed subcontractor, the portion of the attorney's fees from the Contractor. Services which the subcontractor is to do, the place of 1.57 QUALITY ASSURANCE/QUALITY ASSURANCE business of such subcontractor, and such other RECORD KEEPING information as the City may require.The City will have the right to require the Contractor not to award any The Contractor shall maintain, and shall require that its subcontract to a person, firm or corporation disapproved subcontractors and suppliers maintain, complete and by the City. accurate records to substantiate compliance with the C. Before entering into any subcontract hereunder, the requirements set forth in the Scope of Services. The Contractor and its subcontractors and suppliers shall retain Contractor will inform the subcontractor fully and such records, and all other documents relevant to the completely of all provisions and requirements of the Services furnished under the Agreement for a period of Agreement relating either directly or indirectly to the three (3) years from the expiration date of the Agreement Services to be performed. Such Services performed by and any extension thereof. such subcontractor will strictly comply with the requirements of this Contract. 18 D. In order to qualify as a subcontractor satisfactory to the presented,the City shall not be responsible for conclusions City,in addition to the other requirements herein provided, to be drawn there from, and any assumptions, parameters, the subcontractor must be prepared to prove to the projections, estimates and explanations shall not form the satisfaction of the City that it has the necessary facilities, basis of any claim by the Contractor. The Contractor skill and experience, and ample financial resources to accepts all risks associated with using this information. perform the Services in a satisfactory manner. To be 1.62 SEVERABILITY considered skilled and experienced, the subcontractor must show to the satisfaction of the City that it has If the Agreement contains any provision found to be satisfactorily performed services of the same general type unlawful, the same shall be deemed to be of no effect and which is required to be performed under the Agreement. shall be deemed stricken from the Agreement without E. The City shall have the right to withdraw its consent to a affecting the binding force of the Agreement as it shall subcontract if it appears to the City that the subcontract remain after omitting such provision. will delay, prevent, or otherwise impair the performance 1.63 TERMINATION FOR CONVENIENCE AND of the Contractor's obligations under the Agreement. All SUSPENSION OF WORK subcontractors are required to protect the confidentiality A. The City may terminate the Agreement if an individual or of the City and City's proprietary and confidential corporation or other entity attempts to meet its information. Contractor shall furnish to the City copies of contractual obligation with the City through fraud, all subcontracts between Contractor and subcontractors misrepresentation or material misstatement. and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting B. The City may, as a further sanction, terminate or cancel the City to request completion of performance by the any other contract(s)that such individual or corporation or subcontractor of its obligations under the subcontract, in other entity has with the City. Such individual, corporation the event the City finds the Contractor in breach of its or other entity shall be responsible for all direct and obligations, and the option to pay the subcontractor indirect costs associated with such termination or directly for the performance by such subcontractor. cancellation, including attorney's fees. Notwithstanding, the foregoing shall neither convey nor C. Contractor acknowledges and agrees that ten dollars imply any obligation or liability on the part of the City to any subcontractor hereunder as more fully described ($10.00) of the compensation to be paid by the City, the herein. receipt and adequacy of which is hereby acknowledged by Contractor is given specific consideration to Contractor F. Contractor is solely responsible for all acts and omissions for City's right to terminate this Agreement for of its Subcontractors. Nothing in the Contract Documents convenience. creates any contractual relationship between any Subcontractor and the City. Contractor is responsible for D. The City, through its City Manager, and for its the timely payment of its Subcontractors and suppliers as convenience and without cause,terminate the Contract at required by Florida Statute Chapter 218.735. Failure to any time during the term by giving written notice to comply with these payment requirements will place the consultant of such termination; which shall become Contractor in default of the Contract. effective within fifteen (15) days following receipt by the Contractor of such notice. If the Contract is terminated for G. Contractor shall utilize the Subcontractors identified in its convenience by the City, the Contractor shall be paid for Bid and shall not replace, add or substitute any any services satisfactorily performed up to the date of Subcontractors without the prior written approval of the termination; following which the City shall be discharged Project Manager. from any and all liabilities, duties, and terms arising out, H. Bidders that will be using a temporary labor company to or by virtue of,this Contract. provide staffing for the Project must complete Attachment E. The foregoing notwithstanding, any individual, B and include it with the Bid Submittal. Failure include corporation or other entity which attempts to meet its this form may result in the Bid Submittal being rejected as contractual obligations with the City through fraud, non-responsive. misrepresentation or material misstatement may be 1.61 ASSUMPTION, PARAMETERS, PROJECTIONS, debarred from City contracting in accordance with the City ESTIMATES AND EXPLANATIONS debarment procedures. The Contractor may be subject to debarment for failure to perform and all other reasons The Contractor understands and agrees that any set forth in Chapter 3 of the City's Purchasing Policies and assumptions, parameters, projections, estimates and Procedures Manual. explanations presented by the City were provided to the Contractor for evaluation purposes only. However, since In addition to cancellation or termination as otherwise these assumptions, parameters, projections, estimates and provided in the Agreement,the City may at any time, in its explanations represent predictions of future events,the City sole discretion, with or without cause, terminate the makes no representations or guarantees, the City shall not Agreement by written notice to the Contractor and in such be responsible for the accuracy of the assumptions event: 19 F. The Contractor shall, upon receipt of such notice, unless 7.The Contractor has failed in the representation of any otherwise directed by the City: warranties stated herein. 1. Stop work on the date specified in the notice ("the B. When,in the opinion of the City, reasonable Effective Termination Date"); grounds for uncertainty exist with respect to the Contractor's 2. Take such action as may be necessary for the protection ability to perform the Services or any portion thereof, the and preservation of the City's materials and property; City may request that the Contractor, within the time frame set forth in the City's request,provide adequate assurances 3. Cancel orders; to the City, in writing,of the Contractor's ability to perform in accordance with terms of the Agreement. Until the City 4. Assign to the City and deliver to any location designated receives such assurances the City may request an by the City any non-cancelable orders for Deliverables adjustment to the compensation received by the Contractor that are not capable of use except in the performance of for portions of the Services which the Contractor has not the Agreement and which have been specifically performed. In the event that the Contractor fails to provide developed for the sole purpose of the Agreement and not to the City the requested assurances within the prescribed incorporated in the Services; time frame,the City may: 5. Take no action which will increase the amounts payable 1.Treat such failure as a repudiation of the Agreement; by the City under the Agreement. 2.In the event that the City exercises its right to terminate .Resort to any remedy for breach provided herein or at law, the Agreement pursuant to this Article the Contractor will including but not limited to, taking over the performance of be compensated as stated in the payment Articles,herein, the Services or any part thereof either by itself or through others. for the: C.Portion of the Services completed in accordance with the . In the event the City shall terminate the Agreement for Agreement up to the Effective Termination Date; and default, the City or its designated representatives may immediately take possession of all applicable equipment, 2. Non-cancelable Deliverables that are not capable of use materials, products, documentation, reports and data. except in the performance of the Agreement and which 1.65 REMEDIES IN THE EVENT OF DEFAULT have been specifically developed for the sole purpose of the Agreement but not incorporated in the Services. If an Event of Default occurs, the Contractor shall be liable H. All compensation pursuant to this Article is subject to for all damages resulting from the default, including but not limited to: audit. 1.64 EVENT OF DEFAULT A. Lost revenues; A. An Event of Default shall mean a breach of the Agreement B. The difference between the cost associated with procuring Services hereunder and the amount actually by the Contractor. Without limiting the generality of the expended by the City for procurement of Services, including foregoing and in addition to those instances referred to Procurement and administrative costs; and, herein as a breach, an Event of Default, shall include the following: C. Such other direct damages. 1.The Contractor has not delivered Deliverables on a timely The Contractor shall also remain liable for any liabilities and basis; claims related to the Contractor's default. The City may also 2.The Contractor has refused or failed,except in any case for bring any suit or proceeding for specific performance or for which an extension of time is provided, to supply enough an injunction. properly skilled staff personnel; 1.66 PATENT AND COPYRIGHT 3.The Contractor has failed to make prompt payment to A. The Contractor warrants that all Deliverables furnished subcontractors or suppliers for any Services; hereunder, including but not limited to: services, equipment 4.The Contractor has become insolvent (other than as programs,documentation,software,analyses,applications, interdicted by the bankruptcy laws), or has assigned the methods, ways, processes, and the like, do not infringe proceeds received for the benefit of the Contractor's upon or violate any patent,copyrights, service marks,trade creditors, or the Contractor has taken advantage of any secret, or any other third party proprietary rights. insolvency statute or debtor/creditor law or if the B. The Contractor shall be liable and responsible for any Contractor's affairs have been put in the hands of a receiver; and all claims made against the City for infringement of 5.The Contractor has failed to obtain the approval of the City patents, copyrights, service marks, trade secrets or any where required by the Agreement; other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, 6.The Contractor has failed to provide"adequate assurances" applications, methods,ways, processes, and the like, in the as required under subsection"B"below; and course of performance or completion of, or in any way 20 connected with,the Work,or the City's continued use of the be provided in .pdf format or another format acceptable to Work, including and equipment, parts and materials the City. Any payments due the Contractor will not be made furnished hereunder until the City receives the public records. C. In the event any Deliverable or anything provided to the The Contractor acknowledges that all computer software in City hereunder, or a portion thereof is held to constitute an the City's possession may constitute or contain information infringement and its use is or may be enjoined, the or materials which the City has agreed to protect as Contractor shall have the obligation, at the City's option, to proprietary information from disclosure or unauthorized use (i) modify, or require that the applicable subcontractor or and may also constitute or contain information or materials supplier modify, the alleged infringing item(s) at the which the City has developed at its own expense, the Contractor's expense, without impairing in any respect the disclosure of which could harm the City's proprietary interest functionality or performance of the item(s),or(ii)procure for therein. the City, at the Contractor's expense, the rights provided During the term of the contract, the Contractor will not use under the Agreement to use the item(s). directly or indirectly for itself or for others, or publish or D. The Contractor shall be solely responsible for determining disclose to any third party, or remove from the City's and informing the City whether a prospective supplier or property, any computer programs, data compilations, or subcontractor is a party to any litigation involving patent or other software which the City has developed,has used or is copyright infringement, service mark, trademark, violation, using, is holding for use, or which are otherwise in the or proprietary rights claims or is subject to any injunction possession of the City (hereinafter "Computer Software"). which may prohibit it from providing any Deliverable All third-party license agreements must also be honored by hereunder. The Contractor shall enter into agreements with the contractors and their employees, except as authorized all suppliers and subcontractors at the Contractor's own by the City and, if the Computer Software has been leased risk. The City may reject any Deliverable that it believes to or purchased by the City, all third party license agreements be the subject of any such litigation or injunction,or if, in the must also be honored by the Contractors' employees with City's judgment, use thereof would delay the Work or be the approval of the lessor or Contractors thereof. This unlawful. includes mainframe, minis, telecommunications, personal E. The Contractor shall not infringe any copyright, computers and any and all information technology software. trademark, service mark, trade secrets, patent rights, or The Contractor will report to the City any information other intellectual property rights in the performance of the discovered or which is disclosed to the Contractor which Work. may relate to the improper use, publication, disclosure or 1.67 PUBLIC RECORDS removal from the City's property of any information technology software and hardware and will take such steps As a political subdivision, the City of North Miami Beach is as are within the Contractor's authority to prevent improper subject to the Florida Sunshine Act and Public Records use, disclosure or removal. Law. By submitting a Bid, Contractor acknowledges that the 1.68 PROPRIETARY INFORMATION materials submitted with the Bid and the results of the City of North Miami Beach's documents and records are open to A. The Contractor hereby acknowledges and agrees that the public inspection upon proper request. Contractor should City retains all rights, title and interests in and to all take special note of this as it relates to proprietary materials, data, documentation and copies thereof information that might be included in its Bid or submitted furnished by the City to the Contractor hereunder or under the Contract. Certain documentation, such as the furnished by the Contractor to the City and/or created by Bidder'sss financial, computer software, copyrighted or the Contractor for delivery to the City, even if unfinished or patented items are exempt from the Public Records Law. in process, as a result of the Services the Contractor The Contractor must comply with the applicable provisions performs in connection with the Agreement, including all of Chapter 119, Florida Statutes and City will have the right copyright and other proprietary rights therein, which the to immediately terminate this Contract for the refusal by the Contractor as well as its employees,agents,subcontractors Contractor to comply with Chapter 119, Florida Statutes. and suppliers may use only in connection with the The Contractor must retain all other records associated with performance of Services under the Agreement. The this Contract for a period of five (5) years from the date of Contractor shall not,without the prior written consent of the termination. City, use such documentation on any other project in which the Contractor or its employees, agents, subcontractors or Upon termination by the City or final completion of the suppliers are or may become engaged. Submission or Contract the Contractor must, in accordance with Section distribution by the Contractor to meet official regulatory 119.0701 of the Florida Statutes, transfer to the City, at no requirements or for other purposes in connection with the cost, all public records in possession of the Contractor and performance of Services under the Agreement shall not be destroy any duplicate public records that are exempt or construed as publication in derogation of the City's confidential and exempt from public records disclosure copyrights or other proprietary rights. requirements. All public record stored electronically must 21 • B. All rights, title and interest in and to certain inventions, the City or any person or agency acting for the City ideas, designs and methods, specifications and other competing or applying for any such contract as it pertains documentation related thereto developed by the Contractor to this solicitation, must first request a conflict of interest and its subcontractors specifically for the City, hereinafter opinion from the County's Ethic Commission prior to their referred to as"Developed Works"shall become the property or their immediate family member's entering into any of the City. contract or transacting any business through a firm, C. Accordingly, neither the Contractor nor its employees, corporation, partnership or business entity in which the agents, subcontractors or suppliers shall have any employee or any member of the employee's immediate proprietary interest in such Developed Works. The family has a controlling financial interest, direct or Developed Works may not be utilized, reproduced or indirect,with the City of North Miami Beach or any person distributed by or on behalf of the Contractor, or any or agency acting for the City and that any such contract, employee, agent,subcontractor or supplier thereof,without agreement or business engagement entered in violation the prior written consent of the City, except as required for of this subsection, as amended, shall render the the Contractor's performance hereunder. Agreement voidable. For additional information, please contact the Ethics Commission hotline at(305)579-2593. D. Except as otherwise provided in subsections a, b, and c 1.70 LOCAL, STATE, AND FEDERAL COMPLIANCE above, or elsewhere herein, the Contractor and its REQUIREMENTS subcontractors and suppliers hereunder shall retain all proprietary rights in and to all licensed software provided Contractor agrees to comply, subject to applicable hereunder, that have not been customized to satisfy the professional standards, with the provisions of any and all performance criteria set forth in the Scope of Services. applicable Federal, State, County and City orders, statutes, Notwithstanding the foregoing, the Contractor hereby ordinances, rules and regulations which may pertain to the grants, and shall require that its subcontractors and Services required under the Agreement, including but not suppliers grant, if the City so desires, a perpetual, limited to: irrevocable and unrestricted right and license to use, A. Equal Employment Opportunity (EEO), in compliance duplicate, disclose and/or permit any other person(s) or with Executive Order 11246 as amended and applicable to entity(ies) to use all such licensed software and the this Contract. associated specifications, technical data and other documentation for the operations of the City or entities B. Miami-Dade County Florida, Department of Small controlling, controlled by, under common control with, or Business Development Participation Provisions, as affiliated with the City, or organizations which may hereafter applicable to this Contract. be formed by or become affiliated with the City. Such C. Occupational Safety and Health Act(OSHA)as applicable license specifically includes, but is not limited to, to this contract. E. the right of the City to use and/or disclose, in whole or in D. Environmental Protection Agency(EPA), as applicable to part, the technical documentation and licensed software, this Contract. including any source code provided hereunder, to any person or entity outside the City for such person's or entity's E. Miami-Dade County Code, Chapter 11A, Article 3. All use in furnishing any and/or all of the Deliverables provided contractors and subcontractors performing work in hereunder exclusively for the City or entities controlling, connection with this Contract shall provide equal controlled by, under common control with, or affiliated with opportunity for employment because of race, religion, color, the City,or organizations which may hereafter be formed by age, sex, national origin, sexual preference, disability or or become affiliated with the City. No such licensed marital status. The aforesaid provision shall include, but not software, specifications, data, documentation or related be limited to, the following: employment, upgrading, information shall be deemed to have been given in demotion or transfer, recruitment advertising; layoff or confidence and any statement or legend to the contrary termination; rates of pay or other forms of compensation; shall be void and of no effect. and selection for training, including apprenticeship. The 1.69 VENDOR APPLICATION AND FORMS Contractor agrees to post in a conspicuous place available for employees and applicants for employment,such notices Contractor shall be a registered vendor with the City's as may be required by the Dade County Fair Housing and Procurement Management Division for the duration of the Employment Commission, or other authority having Agreement. It is the responsibility of the Contractor to file jurisdiction over the Work setting forth the provisions of the the appropriate vendor application and to update the nondiscrimination law. application file for any changes for the duration of the „ Agreement, including any option years. F."Conflicts of Interest"Section 2-11 of the County Code, and Ordinance 01-199. Section 2-11.1(d) of the Miami-Dade County Code as amended by Ordinance 00-1,requires any City employee G. North Miami Beach Purchasing Policies and Procedures or any member of the employee's immediate family who Manual Policy 3.6"Debarment and Suspension". has a controlling financial interest, direct or indirect, with H. Florida Building Code(FBC). 22 I. Notwithstanding any other provision of the Agreement, 2.Is an employee, agent, advisor, or consultant to the Contractor shall not be required pursuant to the Agreement Contractor or to the best of the Contractor's knowledge,any to take any action or abstain from taking any action if such subcontractor or supplier to the Contractor. action or abstention would, in the good faith determination C. Neither the Contractor nor any officer,director,employee, of the Contractor, constitute a violation of any law or agent, parent, subsidiary, or affiliate of the Contractor shall regulation to which Contractor is subject, including, but not have an interest which is in conflict with the Contractor's limited to, laws and regulations requiring that Contractor faithful performance of its obligations under the Agreement; conduct its operations in a safe and sound manner. provided that the City, in its sole discretion, may consent 1.71 NONDISCRIMINATION in writing to such a relationship,and provided the Contractor provides the City with a written notice, in advance, which During the performance of this Contract, Contractor agrees to not discriminate against any employee or applicant for identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in employment because of race,religion,color,sex,handicap, marital status, age or national origin, and will take the City's best interest to consent to such relationship. affirmative action to ensure that they are afforded equal D. The provisions of this Article are supplemental to, not in employment opportunities without discrimination. Such lieu of,all applicable laws with respect to conflict of interest. action shall be taken with reference to, but not be limited to, In the event there is a difference between the standards recruitment, employment, termination, rates of pay or other applicable under the Agreement and those provided by forms of compensation, and selection for training or statute, the stricter standard shall apply. retraining, including apprenticeship and on-the-job training. E. In the event Contractor has no prior knowledge of a By entering into this Contract with the City, the Contractor conflict of interest as set forth above and acquires attests that it is not in violation of the Americans with information which may indicate that there may be an actual Disabilities Act of 1990 (and related Acts). If the Contractor or apparent violation of any of the above, Contractor shall or any owner, subsidiary or other firm affiliated with or promptly bring such information to the attention of the City's related to the Contractor is found by the responsible Project Manager. Contractor shall thereafter cooperate with enforcement agency or the City to be in violation of the Act, the City's review and investigation of such information, and such violation shall render this Contract void. This Contract comply with the instructions Contractor receives from the shall be void if the Contractor submits a false affidavit or the Project Manager in regard to remedying the situation. Contractor violates the Act during the term of this Contract, even if the Contractor was not in violation at the time it 1.73 PRESS RELEASE OR OTHER PUBLIC submitted its affidavit. COMMUNICATION 1.72 CONFLICT OF INTEREST Under no circumstances shall the Contractor, its The Contractor represents that: employees, agents, subcontractors and suppliers, without the express written consent of the City: A. No officer, director, employee, agent, or other consultant A. Issue or permit to be issued any press release, of the City or a member of the immediate family or advertisement or literature of any kind which refers to the household of the aforesaid has directly or indirectly received City, or the Work being performed hereunder, unless the or been promised any form of benefit, payment or Contractor first obtains the written approval of the City. compensation,whether tangible or intangible, in connection Such approval may be withheld if for any reason the City with the grant of the Agreement. believes that the publication of such information would be B. There are no undisclosed persons or entities interested harmful to the public interest or is in any way undesirable; with the Contractor in the Agreement. The Agreement is and entered into by the Contractor without any connection with B. Communicate in any way with any contractor, any other entity or person making a proposal for the same department, board,agency,council or other organization or purpose, and without collusion, fraud or conflict of interest. any person whether governmental or private in connection No elected or appointed officer or official, director, with the Services to be performed hereunder except upon employee, agent or other consultant of the City, or of the prior written approval and instruction of the City; and State of Florida (including elected and appointed members of the legislative and executive branches of government),or C. Represent, directly or indirectly, that any product or member of the immediate family or household of any of the service provided by the Contractor or such parties has been aforesaid: approved or endorsed by the City, except as may be 1.1s interested on behalf of or through the Contractor directly required by law. or indirectly in any manner whatsoever in the execution or 1.74 BANKRUPTCY the performance of the Agreement, or in the services, The City reserves the right to terminate this contract if, supplies or work, to which the Agreement relates or in any during the term of any contract the Contractor has with the portion of the revenues; or City, the Contractor becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a 23 reorganization, dissolution, or liquidation proceeding, or if a Agreement, and that it has not paid or agreed to pay any trustee or receiver is appointed over all or a substantial person,company,corporation, individual,or firm,other than portion of the property of the Contractor under federal a bona fide employee working solely for the Vendor any fee, bankruptcy law or any state insolvency law. commission, percentage, gift, or other consideration 1.75 GOVERNING LAW contingent upon or resulting from the award or making of the Agreement.For the breach or infraction of this provision, This Contract,including appendices,and all matters relating the City shall have the right to terminate the Agreement to this Contract (whether in contract, statute, tort (such as without liability at its discretion, to deduct from the contract negligence), or otherwise) shall be governed by, and price, or otherwise recover the full amount of such fee, construed in accordance with, the laws of the State of commission, percentage, gift or consideration. Florida. 1.82 E-VERIFY 1.76 SURVIVAL Contractor acknowledges that the City may be utilizing the The parties acknowledge that any of the obligations in the Contractor's services for a project that is funded in whole or Agreement will survive the term, termination and in part by State funds pursuant to a contract between the cancellation hereof. Accordingly,the respective obligations City and a State agency.Contractor shall be responsible for of the Contractor and the City under the Agreement, which complying with the E-Verify requirements in the contract by nature would continue beyond the termination, and using the U.S. Department of Homeland Security's E- cancellation or expiration thereof, shall survive termination, Verify system to verify the employment of all new cancellation or expiration hereof. employees hired by Contractor during the Agreement term. 1.77 CANCELLATION FOR UNAPPROPRIATED FUNDS The Contractor is also responsible for e-verifying its subcontractors, if any, pursuant to any agreement between The obligation of the City for payment to a Contractor is the City and a State Agency, and reporting to the City any limited to the availability of funds appropriated in a current required information. Contractor acknowledges that the fiscal period, and continuation of the contract into a terms of this paragraph are material terms, the breach of subsequent fiscal period is subject to appropriation of funds, any of which shall constitute a default under the Agreement. unless otherwise authorized by law. 1.83 FORCE MAJEURE 1.78 ASBESTOS STATEMENT The Agreement which is awarded to the successful All material supplied must be 100% asbestos free. Bidder, proposer may provide that the performance of any act by by virtue of bidding, certifies that if awarded any portion of the City or Contractor hereunder may be delayed or the ITB he will supply only material or equipment that is suspended at any time while, but only so long as, either 100% asbestos free. party is hindered in or prevented from performance by acts 1.79 VERBAL INSTRUCTIONS PROCEDURE of God,the elements,war,rebellion,strikes,lockouts or any cause beyond the reasonable control of such party, No negotiations, decisions, or actions shall be initiated or provided however, the City shall have the right to provide executed by the Contractor as a result of any discussions substitute service from third parties or City forces and in with any City employee. Only those communications which such event the City shall withhold payment due Contractor are in writing from an authorized City representative may be for such period of time. If the condition of force majeure considered. Only written communications from Contractors, exceeds a period of 14 days the City may, at its option and which are assigned by a person designated as authorized discretion, cancel or renegotiate the Agreement. to bind the Contractor,will be recognized by the City as duly 1.84 BUDGETARY CONSTRAINTS authorized expressions on behalf of Contractors. 1.80 PROHIBITION OF INTEREST In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this No contract will be awarded to a bidding firm who has City document may be subject to a permanent or temporary elected officials, officers or employees affiliated with it, reduction in budget. In such an event, the total cost for the unless the bidding firm has fully complied with current affected service shall be reduced as required. The Florida State Statutes and City Ordinances relating to this Contractor shall also be provided with a minimum 30-day issue. Bidders must disclose any such affiliation. Failure to notice prior to any such reduction in budget. disclose any such affiliation will result in disqualification of 1.85 ANNEXATION the Bidder or termination of the agreement, removal of the Bidder from the City's bidder lists, and prohibition from Contractor agrees to extend all terms, conditions and engaging in any business with the City. pricing in the Agreement and any amendments thereto, to 1.81 NO CONTINGENT FEES any areas annexed into the City. 1.86 LITIGATION VENUE Vendor warrants that it has not employed or retained any company or person other than a bona fide employee The parties waive the privilege of venue and agree that all working solely for the Vendor to solicit or secure the litigation between them in the state courts shall take place 24 in Miami-Dade County, Florida and that all litigation 1.87 SOVEREIGN IMMUNITY between them in the federal courts shall take place in the Nothing in the Agreement shall be interpreted or construed Southern District of Florida. to mean that the city waives its common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statute. 25 SECTION 2.0 SPECIAL CONDITIONS 2.1 PURPOSE The City of North Miami Beach seeks to establish an as-needed continuing contract with one or more qualified and experienced General Contractor(s) to perform civil works (roadway and drainage) projects per plans and specifications, if any. Work will include but not be limited to the following under a unit price agreement: Construction, maintenance and restoration services for the public right-of-way, water and sewer infrastructure and appurtenances. The expenditure will be established within the budgetary amount for each fiscal year. 2.2 INTENTION OF THE CITY It is the intent of the City 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 shall be supplied by Contractor whether or not specifically called for in the Contract Documents or Work Order. Where words, which have well-known technical or trade meanings are used to describe Work, materials or equipment, such words shall 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, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2.3 REQUIRED MINIMUM QUALIFICATIONS Bids shall be considered only from firms that have been continuously engaged in providing services similar to those specified herein and that are presently engaged in provision of these services. Bidder must have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. The prospective Bidders must meet the statutorily prescribed requirements before Contract award. • Bidder shall have at least five (5)years of experience in civil works-related projects to include paving, grading, stormwater systems, sidewalks and roadway curbing, stormwater and utility repair, improvement and restoration. Three (3) successful said projects completed by the Bidder shall be demonstrated via Form 4.4. In determining a Bidder's responsibility and ability to perform the Contract, the City has the right to investigate and request information concerning the ability to perform the work under this contract, financial condition, experience record, personnel, equipment, facilities, principal business location, organization of the Bidder, the Bidder's record with environmental regulations,and the claims/litigation history of the Bidder. 2.4 LICENSES To be eligible for award of this Contract,the Contractor must possess at time of bid opening one of the following State of Florida or Miami Dade County DRER licenses: • Certified General Contractor • General Engineering with Miami Dade County DRER • Miami-Dade County Pipeline Engineering License or a State Underground Utility License registered with Miami Dade County PWWMD • Paving Engineering License from Miami Dade County DRER Contractor shall include copies of above licenses with bid. Business Tax Receipt must be in effect as required. 2.5 TIME IS OF THE ESSENCE Contractor shall promptly perform its duties under the Contract and shall give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents and as stated in any Work Orders. 26 The date and period of time set forth in a Work Order for the commencement, and completion of Work was included because of its importance to the City. 2.6 GENERAL REQUIREMENTS The Contractor agrees that the Contractor shall 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 Project Manager, should the Project 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 City,the Consultant(if any)and other agencies authorized by the City, must have full access to the Project site(s)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, shall 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. 2.7 QUESTIONS REGARDING SPECIFICATIONS Questions regarding this solicitation shall be submitted in writing in writing to bids(acitynmb.com no later than 5:00 PM on 5:00 PM on Tuesday July 26, 2016. Responses to those questions considered material to the solicitation will be made available as formal addenda to the City's Purchasing website and DemandStar.com. It is the responsibility of prospective respondents to ensure they are aware of all addenda issued relative to this solicitation. Any oral instructions given are not binding. All questions and interpretations will be clarified in writing to all Bidders by written addenda. Failure of a Bidder to receive and/or acknowledge any addendum shall not release the Bidder from any obligations under this bid. 2.8 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference will be held at Wednesday, July 20, 2016 at 2:00 PM at the North Miami Beach City Hall Council Chambers, 2nd Floor, 17011 NE 19th Ave. North Miami Beach, FL 33162. Bidders are encouraged to attend the pre-bid conference. Representatives of the City will be present to discuss the solicitation. Owner will transmit to all prospective Bidders of record such addenda as deemed necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Each bidder is required, prior to submitting a Bid Proposal, to visit the premises and acquaint himself/herself with the needs and requirements of the Project(s). The Bidder shall also carefully examine the specifications and to inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under this contract. No plea of ignorance, by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents will be accepted as a basis for varying the requirements of the City or the compensation to the Contractor. 2.10 BID GUARANTY(BID BOND) At bid time, Contractor's bid submittal must be accompanied by a bid guaranty in the amount of not less than five percent(5%)of the total amount of the Bid, issued by a properly licensed surety company approved by the City of North Miami Beach. Should the successful Bidder fail to furnish a Performance and Payment Bond,the bid guaranty shall be forfeit. 2.11 PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS Pursuant to City code, a Performance Bond is required for projects or work totaling over$25,000 to any single Contractor. Additional bonds may be applicable as determined by Chief Procurement Officer and/or Project 27 Manager. The City will only pay the actual bond fee paid to the surety and the cost shall not exceed 1 %percent of the work order amount. Each Bond must be in the amount of one hundred percent (100%) of the Work Order value guaranteeing to City the completion and performance of the Work covered in the Contract as well as full payment of all suppliers, laborers,or subcontractors employed pursuant to this Project(s). Each Bond must be with a Surety, which is qualified pursuant to Article 2.8, Qualification of Surety. Each Bond must continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent(100%)of the Work Order value,or an additional bond must be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor must ensure that the bond(s)referenced above must be recorded in the public records and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or an unconditional letter of credit. Such alternate forms of security will be subject to the prior approval of City and for same purpose and will be subject to the same conditions as those applicable above and will be held by City for one year after completion and acceptance of the Work. The Contractor will be reimbursed for obtaining such bond. 2.12 QUALIFICATIONS OF SURETY Each Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5)years. The Surety must hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570,Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety must not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978(31 DFR Section 223.10, Section 223.111). Further, the Surety must provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The City will accept a surety bond from a company with a rating of"B+" or better and a Financial Size Category of"Class II", provided, however,that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner,the City will review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder with a surety company acceptable to the City, only if the Bid amount does not increase. 2.13 CONTRACT TERM The prices and conditions stated in this Bid shall be in effect for a period of three(3)years from the date of the issuance of a letter of award,or date of executed contract, whichever is later, and may be renewed for two (2) additional years on a year to year basis, unless Contractor is otherwise notified by the City. Any extension to this Agreement shall be in writing. The City Manager is authorized to extend or terminate this Agreement on behalf of the City. 2.14 SITE INVESTIGATION AND REPRESENTATION It is the responsibility of the Contractor to satisfy itself as to the nature and location(s) of the Work under a Work Order prior to commencement of Work on a Project,the general and local conditions, particularly those bearing upon availability of installation, transportation, disposal, handling and storage of materials, and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 28 Work site(s)may have existing utilities, such as, but not limited to, irrigation, phone, water and sewer, CAN, traffic signals, electrical, and storm sewer. Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings, if any.The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by the City for their accuracy or completeness. No request for additional compensation or Contract time resulting from encountering utilities not shown will be considered. It is the responsibility of the Contractor to verify the location of all such utilities, structures, etc., by hand excavation or other appropriate measures before performing any Work. The Contractor shall call Sunshine State One Call of Florida, Inc. and other appropriate agencies, as applicable, prior to the commencement of any excavation or digging to determine the locations of existing utilities prior to the commencement of any Work. The Contractor shall be responsible for any and all claims resulting from the damage caused to any utilities, identified or not. Should the Contractor identify any utilities, structures, etc., which will or may be encountered during the performance of the Work, the City must be consulted immediately in order for a decision to be made on the potential relocation or other action(s)to be taken as it relates to the work. Should the City direct the Contractor to relocate any utilities that would be impacted by any Work then the City shall compensate the Contractor for such relocation in accordance with the Change Order provisions of the Contract. The Contractor shall not purposefully disrupt or disconnect any type of utility whatsoever without first obtaining the prior written approval of the City or applicable utility owner. Requests for any disconnection, including those required of other utilities shall be in writing and received by the City at least seventy-two(72)hours prior to the time of the requested interruption. The City may require that the Contractor notify,in writing,any property owners to be impacted by service interruptions to their utilities. Any failure by the Contractor to familiarize itself with any utilities that may impact the performance of the Work shall not relieve Contractor from responsibility for properly estimating the difficulty or cost of performing the Work and will not entitle the Contractor to any additional compensation. 2.15 CONTRACTOR TO CHECK PLANS, SPECIFICATIONS AND DATA Contractor shall verify all dimensions, quantities and details shown on any plans, specifications or other data received from Project Manager and must notify the Project Manager of all errors,omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor shall not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished to the Project Manager. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Project Manager. 2.16 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, shall 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 shall be made upon that basis. 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 or applicable Work Order. The Contractor must familiarize itself with normal City's 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 shall be done in such a manner so as not to interfere with the normal City operations. The manner in which the Work is performed will be subject to the approval of the Project Manager, whom if necessary, shall have the authority to require changes in the manner in which the Work is performed. There must be no obstruction of City 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 City operations. 29 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 shall 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 City. (3)The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. 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. 2.17 SHOP DRAWINGS AND SUBMITTALS Contractor may be required, based on the Scope of Work of a Project, to submit shop drawings, sketches, samples or product data. A Work Order may state if shop drawings or other submittals are required if they are not required by the Building Code or regulatory agencies. Contractor shall responsible to submit such documents or samples in a timely manner for review by the Project Manager. Shop Drawings are to be complete in every detail and clearly identify any deviation from what is required by the Work Order. It is the responsibility of the Contractor to submit sufficient information to allow the Project Manager to properly evaluate and accept the submittal or shop drawing. Receipt of the shop drawings or submittals does not constitute acceptance. Where professional calculations or certification of performance criteria of materials,systems,and or equipment are required, the Project Manager or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall be solely responsible for the accuracy of all shop drawings and submittals and any approval by Project Manager will in no way relieve the Contractor from said responsibility for full compliance with the Contract Documents. 2.18 SUBSTITUTIONS Substitution of any specified material or equipment require the prior written acceptance of the Project Manager. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Manager to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor's sole responsibility to meet the requirements of the Contract Documents and the requirements of a Work Order. The City may require an adjustment in price based on any proposed substitution. The Contractor may request the City to approve substitution where the specified materials are not available. Such requests must be submitted in writing to the Project Manager in advance with sufficient information to evaluate the substitution. The Contractor shall provide the substitute materials plant designation,type, grade, quality, and size. Acceptance of substitutions shall be at the sole discretion of the City. The City may require an adjustment in price based on any proposed substitution. 2.19 DIFFERING SITE CONDITIONS In the event that during the course of the Work on a Project the Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown in the Contract Documents, and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor, without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of its discovery, notify the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager or the Consultant will typically attempt, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Project Manager or the Consultant,the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work,whether or not charged as a result of the conditions, Project Manager or Consultant shall recommend an equitable adjustment to cost of the Work or the time to complete the Work, or both. If the Project Manager and Contractor cannot agree on an adjustment in the Contract Price or Contract 30 Time, the adjustment shall be referred to the City's Chief Procurement Officer for determination. Should the City's Chief Procurement Officer determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract Documents, the Chief Procurement Officer shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant or Project Manager as the date of Substantial Completion. 2.20 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. 2.21 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 construction operation 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 shall 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 City nor its officers or agents shall 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 shall 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 shall 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 Consultant. Replace with material approved by the Project Manager or Consultant, at Contractor's expense, any existing utilities damaged during the Work. 2.22 ACCESS TO THE PROJECT SITE(S) City shall provide, as may be indicated in the Work Order,the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City for the use of Contractor. 31 Contractor shall provide, at Contractor's own expense and without liability to the City, any additional land and access thereto that may be required for temporary construction facilities,or for storage of materials. Contractor shall furnish to the City copies of written permission obtained by Contractor from the owners of such facilities. 2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until acceptance by City Manager or designee,and shall promptly repair or replace, at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor shall be full responsible for Work against all losses or damages of whatever nature sustained until acceptance by City, and must promptly repair or replace,at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. 2.24 SAFETY PRECAUTIONS Contractor shall be 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 shall provide the necessary protection to prevent damage, injury or loss to: • All employees on the Project site and other persons who may be affected thereby; • All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and • 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 shall 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 shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. The Contractor shall comply with the OSHA"Federal Right to Know'Regulation regarding informing employees of toxic substances in the workplace, providing training, and emergency procedures. Contractor shall adhere to applicable environmental protection guidelines for the duration of the Work. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami-Dade County, State of Florida), which bear on the performance of the Work All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes shall be left open during nighttime or non-working hours without the prior written approval of the Project Manager. The Contractor shall 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 shall continue until such time as all the completion of the Contract. 2.25 TRENCH SAFETY ACT Pursuant to Chapter 90-96 (CS/SB 2626), Laws of Florida, "Trench Safety Act", any person submitting a Bid is required to comply with the requirements of the FLORIDA TRENCH SAFETY ACT (90-96, LAWS OF FLORIDA), Where a Project awarded under a Work Order requires trenching the Contractor must complete the Trench Safety Act Form("Form")and return the Form to the Project Manager before commencing any Work. Failure to submit said Form will result in the Contractor not being able to proceed with the Work and be potentially be in default of its Contract. Any costs identified on the Form are not a pay item. The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in its Bid prices. 32 2.26 CITY FURNISHED DRAWINGS The City, in its sole discretion, may furnish design drawings. It is the sole responsibility of the Contractor to bring to the immediate attention of the Project Manager any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor is solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and is responsible for any errors or revisions of the Work,which might have been avoided by notifying the City prior to commencement. This also applies to any revisions or omissions identified by the Contractor. The Contractor must submit all requests for information entitled Request for Information (RFI). During the performance of the Work, should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will clarify in writing the intent of the drawings and the Contractor agrees to abide by the Project Manager's interpretation and perform the Work in accordance with the decision of the Project Manager. In such event,the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and methods of construction. The Contractor will have no basis for any claim for additional costs resulting from their failure to identify any required revisions,omissions or errors, not identified in writing to the Project Manager prior to commencing the Work. 2.27 SUPPLEMENTAL DRAWINGS AND INSTRUCTIONS The Project Manager shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning a Work Order or its performance, provided such Supplemental drawings or instructions involve no change in the Contract price or this Contract time, unless a Change Order is issued in accordance with the Contract Documents. 2.28 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 City must respond in writing. The RFI process is not intended to be used to correct defective Work performed by the Contractor. Solutions to correct defective Work, including means and methods are the sole responsibility of the Contractor. Should the RFI process be utilized to correct defective Work,the Contractor may be required to reimburse the City for any costs incurred by the City in responding to the RFI. Such reimbursements will be taken as a deduction against any payments due the Contractor. 2.29 WARRANTY Contractor warrants to the City that all materials and equipment furnished under the Work Order 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 Work Order and 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 the 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 acceptance of the Work by the City under a Work Order. 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 then the manufacturer's warranty term will take precedence. Contractor will be required to provide the Project Manager a copy of the manufacturer's warranty prior to the City issuing final payment. Manufacturer's warranties will become effective upon completion and acceptance by the City of the Work under the Work Order. All material and equipment furnished must be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor will 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 Completion of the Project. 33 Should the Contractor fail to perform any required warranty work the City, at its sole discretion, may have the work performed by others, and deduct such costs from any monies due the Contractor from the City. Where such funds are not available,the City will bill the Contractor and Contractor will reimburse the City within thirty (30)calendar days. The City may take any necessary and appropriate action provided under this Contract or with law to collect such payment due the City. 2.30 INSPECTION OF THE WORK The Project Manager,other City representatives,and Inspectors representing the City,and other public entities having jurisdiction over the Work shall at all times have access to the Work Should the Contract Documents, 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 must be given of the date fixed for such testing so that the appropriate representatives of the City, 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 City, at its sole discretion may conduct testing in addition to the required testing. In such instances the City shall pay all testing costs unless the tests determine that the material,Work,or equipment is not compliant with the requirements of the Contract Documents. In such instances the Contractor shall reimburse the City for all incurred testing costs and the Contractor will be responsible for any costs associated with re-testing to ensure compliance. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents 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. 2.31 UNCOVERING FINISHED WORK The Project Manager's right to make inspections includes the right to order the Contractor to uncover or take down portions of finished Work. The Project Manager shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract, the uncovering or taking down and the replacing and the restoration of the parts removed shall be treated as additional Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing and restoration at the Project site. 2.32 DEFECTIVE OR NON-COMPLIANT WORK The Project Manager shall have the authority to reject or disapprove Work that is found to be defective or not in compliance with the requirements of the Contract or Work Order. If required, the Contractor shall promptly either correct all defective or non-compliant Work or remove such defective Work and replace it with non- defective/non-compliant Work. Contractor shall 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 shall be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents,the City shall 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 shall 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 shall have 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 City in making such removals,corrections or repairs, shall 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 City 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 34 receipt of written notice from City,must promptly correct such defective or nonconforming Work within the time specified by City, without cost to City. Should the Contractor fail to take such action the City may take any necessary and appropriate action and hold the Contractor liable and responsible for all costs. The City 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 City to accept any defective Work. 2.33 FIELD DIRECTIVE The Project Manager may at times issue Field Directives to the Contractor based on visits to the Project Site. Such Field Directive(s) shall be issued in writing and the Contractor is required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work,the Contractor shall, within 48 hours, notify the Project Manager that the work covered by the Field Directive is outside the scope of the Work. At that time the Field Directive may be rescinded by the Project Manager or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees,the Contractor may notify the Project Manager that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive, in accordance with the requirements of the Contract. At no time will the Contractor refuse to comply with a Field Directive. Failure to comply with a Field Directive may result in a determination that the Contractor is in default of the Contract. 2.34 EXCUSABLE DELAY, NON-COMPENSABLE Excusable Delay is either(i)caused by circumstances that could not be foreseen and are beyond the control of Contractor, its subcontractors, or suppliers, or is (ii) caused jointly or concurrently by Contractor or its subcontractors,suppliers or vendors and by the City. 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 the Contract. Failure of Contractor to comply with comply with the timeframes established by Article 2.32, Extension of Time, 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. 2.35 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 of completion under a Work Order by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of a Notice to Proceed or commencement of the Work, and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; • The Contractor demonstrates that the completion of the Work shall be actually and necessarily delayed; • 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 City 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, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above,the Project Manager shall not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such 35 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 shall 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 shall 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 shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall 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 shall 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 City shall 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 City may deem proper. Where the Contractor is delayed for any period of time by two or more of the causes mentioned in in Article 1.93, Force Majeure or Article 2.31, Excusable Delay, Non-Compensable, the Contractor shall 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 City shall 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, shall not waive the City's rights under the Contract, including but not limited to the assessment of Liquidated Damages or declaring Contractor in default. 2.36 STOP WORK ORDER The City 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 shall 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 City shall either: • Cancel the Stop Work Order; or • Terminate the Work covered by such order as provided in Article 1.64,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 shall 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 shall 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 City has directed such suspension, shall entitle the Contractor to additional Contract time as non-compensable, Excusable Delay, and shall not give rise to a claim for compensable delay. 36 2.37 HURRICANE PREPAREDNESS During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall 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. Compliance with any specific hurricane warning or alert precautions shall not constitute additional work. 2.38 RELEASE OF LIENS/CONSENT OF SURETY The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an invoice, whether incorporated in the Project or not,will pass to the City upon the receipt of payment by the Contractor, free and clear of all liens,claims,security interests or encumbrances and that no Work,materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor by a Subcontractor or supplier or any other interested party. The Contractor must, starting with the second (2"d) Invoice, provide the Project Manager completed Partial or Final Releases of Lien/Subcontractor's Statement of Satisfaction Form for the Project for any Project that includes multiple payments. As an option the Contractor may also submits a Consent of Surety if a payment bond has been provided, authorizing the release of payment by the Surety. Failure to submit such documentation will result in rejection of the invoice. Conditional Release of Liens are not accepted by the City. 2.39 OWNERSHIP OF THE WORK The Contractor is solely responsible for all Work, until Final Completion of a Work Order. Contractor is liable for all damage, theft, maintenance, and safety until such time as the City issues a notice of Final Completion of a Work Order. 2.40 WORK ORDERS/AWARD OF PROJECTS OR WORK Work Orders will be issued to the City for all Work. A Work Order may consist of one or more Projects. Work Orders will be issued in one of two ways. • Where a Project is based solely on pre-priced line item pricing the Project Manager will calculate the cost of the Project(s) by multiplying the estimated quantities for each line item times the line item price. The Project Manager will then provide the Contractor a written Work Order for a Project(s)and provide it with the spreadsheet used for the calculations (if one is required),the timeframe for completing the Project(s), and available drawings (if any), and any additional contract terms and conditions specific to the Project(s) or the Work Order, including but not limited to additional insurance, liquidated damages, etc. • The Contractor is responsible to visit the site, review any drawings and the spreadsheet,to confirm that the proposed quantities and value stated in the Work Order for the Project(s) is correct. The Contract may request that the Project Manager meet in the field to review the Work Order. If the Contractor believes that that either the quantities, line items, scope or other details are incorrectly stated on the Work Order the Contractor is to notify the Project Manager is writing of their findings within forty-eight(48)hours or the City will consider the Work Order as accepted by the Contractor. The Project Manager will review any recommended revisions and if necessary make any revisions. Once revised and forwarded to the Contractor,the Contractor will have twenty-four(24)hours to accept or reject the Work Order. If rejected the City may have the Work performed by others. Repeated rejections of Work Orders may result in termination of the Contract. If a Project requires work that includes non-pre-priced work then the Project Manager will request a written Work Order Proposal ("Proposal")from the Contractor. Upon receipt of the Proposal from the Contractor the Project Manager will review the Proposal and either accept, reject or negotiate the Proposal. Once finalized the Project Manager will issue a Work Order for the Work to be performed. The Work Order shall serve as the Contractor's Notice to Proceed unless otherwise stated in the Work Order. 2.41 PRE-CONSTRUCTION MEETING Prior to or after the issuance of a Work Order and City and the Contractor shall agree upon a date and time for a 37 pre-construction meeting,if one is deemed necessary.The Contractor shall attend and also have any appropriate subcontractors attend the meeting. Contractor shall keep and distribute the meeting minutes. 2.42 MATERIALS, INSPECTION,AND RESPONSIBILITY The City shall have a right to inspect any material to be used in carrying out this Contract. The City does not assume any responsibility for the availability of any controlled materials or other materials and equipment required under this Contract. The Contractor shall be responsible for the quality and standards of all materials, components or completed Work finished under this Contract. Materials, components, or completed Work not complying therewith may be rejected by the City and shall be replaced by the Contractor at no cost to the City. Any materials or components rejected shall be removed within a reasonable time from the premises at the entire expense of the Contractor, after written notice has been mailed by the City to the Contractor that such materials or components for Work have been rejected. 2.43 PROGRESS MEETINGS The applicable City Project Manager shall schedule and hold regular on-site progress meetings at least weekly, and at other times as requested by the City Project Manager.The City, Contractor, and all subcontractors active on the site shall be represented at each meeting. City or Contractor may request attendance by representatives of suppliers or manufacturers. The purpose of the meetings will be to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve problems which may develop. Contractor shall be responsible for all meeting minutes, including their distribution and revision. 2.44 PROGRESS PAYMENTS Based on Applications for Payment submitted to the City by the Contractor,and Certificates for Payment issued by the Architect/Engineer or City,the City shall make progress payments to the Contractor based on the Schedule of Values and percentage of completion, or units completed. A retainage of ten percent(10%)will be deducted from the monthly payment. Applications for Payment shall indicate the percentage of completion of each portion of the work, or the volume, area, or linear measurement of work completed as of the end of the period covered by the Application for Payment. The period covered by each Application for Payment shall be one calendar month no more than payment application shall be submitted per month. All payments shall be made in accordance with the Local Government Prompt Payment Act. 2.45 COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the initial three(3)years term of the Contract. Costs for subsequent OTR term(s)shall be subject to an adjustment in an amount that shall not exceed 3% per year, or the increase in the Consumer Price Index("CPI"),whichever is less The Contractor may request an adjustment to the Wage Rates for each OTR year, on an annual basis. The City may also adjust the pricing where the City Manager determines that extenuation circumstances exist. The maximum the CPI increase shall be based on the Miami—Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated the percentage of change for the current year against the preceding year. In no event shall the Wage Rate increase by more than three percent(3%) in any one year period and any increase granted will not be made retroactively. In the event the CPI or industry costs decline,the City shall have the right to receive from the Contractor reduction in costs that reflect such cost changes in the industry. 2.46 SUBSTANTIAL COMPLETION The Work under a Work Order will be Substantially Complete when the Project Manager accepts all of the Work performed under a Work Order.Where the Project Manager determines that additional Work is required to complete a Work Order the Project Manager will create a Punch List containing all of the Work to be performed to achieve Substantial Completion of the Work Order. Substantial Completion cannot occur without all final approval of all permits have been issued and the Punch List Work is complete. The Punch List is to be signed by the Project Manager and the Contractor confirming that the Punch List contains the item(s)necessary to complete the Work.The failure or refusal of the Contractor to sign the Punch List does not relieve the Contractor from completing the remaining Work to the satisfaction of the Project Manager. 38 The Project Manager and the Contractor will agree on the time reasonably required to complete all remaining Work included in the Punch List. 2.47 FINAL ACCEPTANCE The Final Inspection shall be made only after the City is satisfied that the Work described in the plans and specifications has been completed in accordance with the intent of these specifications and the Contractor has been notified of Substantial Completion by the Project Manager. The acceptance of the Work shall not in any way prejudice the City's rights to demand replacement of defective materials and workmanship. 2.48 FINAL COMPLETION Subsequent to Substantial Completion and submission and acceptance of all required documents and training that may be required by the Contract Documents the Project Manager will notify the Contractor that the Project has achieved Final Completion. 2.49 SUPERVISION The Contractor is to be responsible for his employees and Subcontractors, and for compliance with all laws and ordinances governing its work. He shall be responsible for all Project management, including but not limited to, coordinating the Work, securing all permits of the accuracy of the laying out of the Work. Contractor shall have at all times a competent representative ("Supervisor") competent in speaking English available to answer questions or handle problems,who shall be satisfactory to the City. Supervisor shall represent the Contractor in the field and all directions given to the Supervisor shall 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 will meet 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. 2.50 PERMITS The Contractor shall obtain all applicable permits and call for inspections required for each Project. The Building Department. is mandated to charge fees. The City will however, reimburse the Contractor for permit fees incurred. The Contractor shall be responsible for the payment of the following fees (when applicable) including but not limited to:State BPR Building Certification Fee,State DCA Surcharge,County Code Compliance Fee, Microfilm Fee,and Structural Examination Fee.The City shall reimburse Contractors for actual cost of these fees. Fees for re-inspections shall be charged to the Contractor at normal rate and all costs shall be borne by the Contractor. The Contractor shall obtain all required permits to do the job, except for those already obtained by the City prior to the award of the bid. Contractor shall present the City with proof of payment for said permit fees in order to be eligible for reimbursement by the City. 2.51 ASBESTOS No asbestos containing materials will been designed into any Project, nor will be specified. Contractor shall use no asbestos-containing materials in the execution of the Work covered by these specifications. 2.52 TRAINING Contractor shall provide training to City staff on the use and maintenance of equipment and/or materials installed as part of a Project. 2.53 MANUALS Contractor shall provide two (2) manufacturers'training and maintenance manuals for any equipment installed as part of a Project. 2.54 CHANGE ORDERS Each Change Order to the Contract must be supported in writing and signed by the Contractor and the City. Without this prior written authorization,the City will not pay for extra work performed.The amount of Contractor's overhead and profit allowed for any change order, whether increase or decrease, shall not exceed the following 39 limits for work by the Contractor: Overhead Limit: 10%of direct cost; Profit Limit: 5%of the sum of direct cost and overhead cost. For any portion of the work for a change order that is performed by a Subcontractor or a Sub Contractor, Contractor's combined overhead and profit limits allowed will not exceed 5%of the actual direct cost of the work. The NE of Record will verify the Change Orders compliance, the determination of the final completion status, and the reception of all due related documents, including his/her approval of the updated record drawings,etc. 2.55 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, City 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. Should the Contractor leave any open trenches at any time that Work is not being performed, the City may have the open trenches covered and deduct any cost incurred from any outstanding payments due or to become due to the Contractor. The City may also invoice the Contractor for all costs incurred in mitigating any open trenches. All debris shall be disposed of at an authorized dumping facility. Dump tickets shall be submitted to the City with each pay request. Exposed metal shall be polished, glass shall be cleaned, surrounding structures or landscaping affected or damaged during completion of each Project shall be restored to an equal or better condition. Paint shall be touched up if and where needed. Contractor's equipment and surplus material shall be removed from site. 2.56 LIQUIDATED DAMAGES The City may establish liquidated damages on a Work Order by Work Order basis. Where the City determines that liquidated damages will apply to a Work Order the amount established will be stated in the Work Order. The Contractor is obligated and guarantees to complete the Work Order in the established in the Work Order or any approved extension of time the Contractor may be granted by the Project Manager. In the event of a delay in completion beyond the date established in the Work Order, the Contractor must pay to the City for each and every calendar day of unexcused delay, the sum stated in the Work Order, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any exceptions. The total amount of liquidated damages will not exceed the value of the Work Order. The City 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 City. In case the amount available under contracts the Contractor has with the City is less than the amount of liquidated damages due the City,the Contractor must pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City will consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. 2.57 RECORD SET For Work Orders where the City has provided a set of Plans for a Work Order the Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager, in good order and annotated to show all changes made during construction. The record documents must be continuously updated,to establish a set of drawings, by Contractor throughout the prosecution of the Work to accurately reflect, typically by red lined mark ups of the construction plans, all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, 40 and all concealed and buried installations of piping, conduit and utility services. Contractor must certify the accuracy of the updated record documents. The record documents must be clean and all changes, corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion of the Work Order and as a condition precedent to Contractor's entitlement to final payment, the Record Set must be delivered to the Project Manager by the Contractor. The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. 2.58 AS-BUILT DRAWINGS During the Work, Contractor must maintain records of all deviations from the Drawings as approved by the Project Manager or Consultant and prepare two copies of As-Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing that the As-Built Record Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. To record actual construction, Contractor must legibly mark on-site structures and site Work as follows: • Depths of various elements of foundation in relation to finish first floor datum. • All underground piping and ductwork with elevations and dimensions and locations of valves,pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements.Actual installed pipe material, class, etc. • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, electrical panel locations. • Project Manager's or Consultant's schedule changes according to Contractor's records and shop drawings. • Specifications and Addenda: Legibly mark each section to record: • Manufacturer,trade name,catalog number and Supplier of each product and item of equipment actually installed. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. As-built documents must be updated monthly as a condition precedent to payment.A final survey signed and sealed by a surveyor must be provided to the City at no additional cost, including digital I (CAD and PDF) versions. For construction of new building, or building additions, field improvements, and or roadway improvements as- built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 2.59 CONTRACTOR'S WORK AND STAGING AREA a) The Contractor shall use only site areas designated by the City as Contractor Staging area for the Project. The Contractor shall keep this area in a secure, clean and orderly condition, and shall be responsible for screening and fencing the area so as not to cause a nuisance or sight obstruction to motorists or pedestrians. b) Responsibility for protection and safekeeping of equipment and materials at or near the sites will be solely that of the Contractor and no claim shall be made against the City. c) Upon completion of the Contract,the Contractor shall remove from the storage areas all of their equipment, temporary fencing, surplus materials, rubbish, etc., and restore the areas to their original condition. d) Contractor's insurance shall extend coverage to all designated storage areas. 41 2.60 NDPES REQUIREMENTS Where applicable Contractor must comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP must be included in the Bid price. For further information on compliance requirements for NPDES and SWPPP visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 42 SECTION 3.0 TECHNICAL SPECIFICATIONS 3.1 GENERAL NOTES Group A—DEMOLITION AND SITE PREPARATION All work to be performed under Group A shall conform to the current revision of the Miami-Dade County Public Works (MDCPW) Manual, Part I & II Standard Details and Specifications and as specified below or per attached City of North Miami Beach Standard Specifications. Work shall include materials, labor, equipment, mobilization cost, removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project or work order. Clearing and Grubbing Clearing,grubbing,removal and disposal of materials shall be per current revision of the Miami-Dade County Public Works Manual Part II, Road Specifications, Section 24-Clearing and Grubbing. Tree removal with size of up to 4 inches average trunk circumference shall be included. Saw Cutting, Removal and Disposal All pavement, sidewalk, curb and gutter shall be sawed cut straight and square with the use of mechanical equipment such as a wet saw and shall include dust control, dust clean up, removal, hauling and proper disposal of materials. Removal and Disposal of Existing Concrete Structure Removal and disposal of existing concrete structure shall include excavation, removal, backfilling, hauling and proper disposal of materials. Removal and Disposal of Existing Drainage Pipe Removal and disposal of existing pipe shall include excavation, removal, backfilling, hauling and proper disposal of materials. Removal and Disposal of Existing Asbestos Pipe Removal and disposal of existing asbestos pipe shall include excavation, removal, backfilling, hauling and proper disposal of materials. Disposal shall be per Miami-Dade County Department of Environmental Resource Management and United States Environmental Protection Agency requirements. Disposal Permit shall be included in this bid. Group B—UTILITY ADJUSTMENT All work to be performed under Group B shall conform to the current revision of the City of North Miami Beach Public Utilities Standard Specifications, Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections D7 & D8 and Part Ill, Standard Details and Specifications for Water Supply and Sanitary Sewer, as well as other public utility entity that owned the particular utility appurtenance.Work shall include installation, materials, labor, equipment, mobilization cost, removal and disposal of excess materials,backfilling and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project or work order. Adjust Utility Valve Box, Manhole, Frame,Grate, Utility Box, Etc. Adjustment of utility valve box, manhole,frame, grate, utility box, etc. shall be per current revision of the City of North Miami Beach Public Utilities Standard Specifications or Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections D7&D8 and Part Ill, Standard Details and Specifications for Water Supply and Sanitary Sewer, as well as per specification of the public utility entity that owned the particular utility appurtenance. Adjust or Relocate Existing Miami-Dade County Signs Adjustment and or relocation of Miami-Dade County Traffic Regulatory signs shall be per Miami-Dade County Public Works Manual, Part I, Standard Details and Specifications R18.1 and R18.2 and current MUTCD Manual 43 as published by the Federal Highway Administration (FHWA). Adjust or Relocate Existing City of North Miami Beach Signs Adjustment and or relocation of City of North Miami Beach signs shall be per Miami-Dade County Public Works Manual, Part I, Standard Details and Specifications R18.1 and R18.2. Group C—GRADING AND PAVING All work to be performed under Group C shall conform to the current revision of the Miami-Dade County Public Works Manual, Part I & II Standard Details and Specifications and as specified below or per City of North Miami Beach Standard Specifications. Work to be performed in Florida Department of Transportation (FDOT) maintained roadway shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Work shall include installation, materials, labor, equipment, mobilization cost,removal and disposal of excess materials,backfilling and maintenance of traffic.Multiple job locations within 1 mile radius shall be combined as one Project or Work Order. Asphalt Pavement for Miami-Dade County and City of North Miami Beach Maintained Road Asphalt pavement preparation, installation and material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections 100, 132 and 133. Refer to R12.3&R12.5 driveway installation. Asphalt Pavement for the Florida Department of Transportation Maintained Road Asphalt pavement preparation, installation and material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Sub Grade for the Miami-Dade County and City of North Miami Beach Maintained Road Sub grade preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections 30, 33, 132 and 133. Sub Grade for the Florida Department of Transportation Maintained Road Sub grade preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Lime Rock Base for the Miami-Dade County and City of North Miami Beach Maintained Road Lime Rock Base preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Section 51. Lime Rock Base for the Florida Department of Transportation Maintained Road Lime Rock Base preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Concrete Sidewalk for the Miami-Dade County and City of North Miami Beach Maintained Road Concrete slab or sidewalk installation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections 145, R12.6, R13.1, R13.2 & R13.3. Concrete sidewalk replacement must be removed and pour on the same day. Concrete Sidewalk for the Florida Department of Transportation Maintained Road Concrete slab or sidewalk installation shall include excavation, removal and disposal of excess materials including 44 tree roots, grading,forms and installation. Material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road &Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Concrete sidewalk replacement must be removed and pour on the same day. Concrete Curb and Valley Gutter for the Miami-Dade County and City of North Miami Beach Maintained Road Concrete slab or sidewalk installation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections R14.1 to R14.6. Concrete Curb and Valley Gutter for the Florida Department of Transportation Maintained Road Concrete slab or sidewalk installation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Utility Trench and Pavement Restoration Utility trench and pavement restoration shall conform to Miami-Dade County Public Works Manual, Part III, and Standard Detail drawings Al to A4. Refer to City of North Miami Beach Standard Detail R 17.3, R 17.4A & B to complete installation. Swale Re-grading, Preparation for Sod Installation Re-grading of swale and preparation for installation of sod shall conform to the current revision of the Miami-Dade County Public Works Manual, Part I,Road Detail,Section R(roadway cross-sections)&Part II,Section D4(grading of swales), Standard Details and Specifications or CNMB Std Spec R17.5 as specified and approved by the City. Top soil must be below any pavement to allow the installation of the sod matted root below the pavement for drainage. Yellow Truncated Dome Detectable Tactile Warning Surface Tile Cast in concrete pavement vitrified polymer composite (VPC) modular paver detectable tactile warning surface tiles shall be an epoxy polymer composition with an ultra violet stabilized coating employing aluminum oxide particles in the truncated domes and installed per manufacturer's specification.The tile shall incorporate an in-line pattern of truncated domes measuring nominal 0.2" height, 0.9" base diameter, and 0.45" top diameter, spaced center-to-center 2.35"as measured on a diagonal and 1.70" as measured side by side. For wheelchair safety the field area shall consist of a non-slip surface with a minimum of 40-90° raised points 0.045" high, per square inch. Modular Paver Detectable/Tactile Warning Surface Tiles which comply with the detectable warnings on walking surfaces section of the Americans with Disabilities Act (Title III Regulations, 28 CFR Part 36 ADA STANDARDS FOR ACCESSIBLE DESIGN, Appendix A, Section 4.29.2 DETECTABLE WARNINGS ON WALKING SURFACES). Brick Paver Brick paver installation shall include excavation, disposal of excess materials, grading and installation. Material specifications per: • ASTM C1272,8,000 psi set on a concrete or bituminous bed (Type R)for heavy vehicular traffic application. For driveways and crosswalks. • ASTM C1272, 10,000 psi set on 2" leveling sand bed for heavy vehicular traffic application. For driveways and crosswalks. • ASTM C902, 8,000 psi with 2 inches thick leveling sand bed for pedestrians and light traffic applications. For walkways and sidewalks. Note: For restorations, material and installation shall be equal to existing pavement. Americans with Disabilities Act All Americans with Disabilities Act (ADA) related work such as tactile surfaces, signs, sidewalk ramps and pavement markings shall conform to the current Americans with Disabilities Act Standard Specifications and 45 requirements. Group D—STORMWATER All Work to be performed under Group D shall conform to the current revision of the Miami-Dade County Public Works Manual, Part I & II Standard Details and Specifications and as specified below or per City of North Miami Beach Standard Specifications. Work shall include installation, materials, labor, equipment, mobilization cost, removal and disposal of excess materials, backfilling and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project or Work Order. Exfiltration Trench and Drainage Structures Work shall include excavation, trenching, installation of pipe and appurtenances, including removal, hauling and proper disposal of excess materials, backfilling. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections 310, 320, 340, 350, 355, 360 and 361; Miami-Dade County Public Works Manual, Part I, SD 1 to SD 4.6, unless otherwise specified in the City of North Miami Beach Standard Specifications. Connection of existing drainage pipe to a Stormwater Structure Connection of existing drainage pipe to a stormwater structure shall include core drilling of concrete structures with the use of core drilling machine,grouting and connection to the existing pipe. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections 310, 320, 340, 350, 355, 360 and 361; Miami-Dade County Public Works Manual, Part I, SD 1 to SD 4.6, unless otherwise specified in the City of North Miami Beach Standard Specifications. Cleaning of Stormwater Structure or Pipe Cleaning of stormwater structures shall include removal of debris, sediments, pressure washing the interior of the structure or pipe with the use of a vacuum truck or mechanical equipment including hauling and proper disposal of sludge or sewage materials. Stormwater Injection Well Cleaning Work shall include cleaning, removal and disposal of sediments or sludge to increase the discharge capacity of existing drainage well with diameter of 24"to 36"diameter casing up to maximum of 200 feet in depth. Group E—TRAFFIC SIGNS AND PAVEMENT MARKINGS All work to be performed under Group E shall conform to the current revision of the Federal Highway Administration's Manual on Uniform Traffic Control Devices (FHWA- MUTCD) unless specified to use the Miami-Dade County Public Works Manual, Part I &II Standard Details and Specifications,Americans with Disabilities Act Standard Specifications or the State of Florida Department of Transportation, Standard Specifications for Road &Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Work shall include site cleaning and preparation, installation, materials, labor, equipment, mobilization cost, removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project. Asphalt Seal Coating Seal coat material shall be coal-tar emulsion containing not more than 50% solids, & conforming to (ASTM) D- 5727-00 Specifications.The material shall be capable of application&complete coverage, by squeegee, brush,or spray,to the bituminous surface at a spreading rate of 2.0 gallons per 10 square yards in a two coat application.A polymeric latex additive shall be added to the sealer. This additive is to keep the sealer, water, &sand suspended evenly. A ratio of 2 - 4% is recommended. Sand shall be clean, air dried, hard & irregular silica sand. Standard sand#60/45 will be added to the sealer at the ratio of 2-4 lbs/gallon.Water shall be clean, not supplied from lakes or wells, within a temperature range of 50 - 80F & a 20 - 40% cut is recommended. Primer shall be utilized to address any oil spots as specified. All traffic paint applied on sealer shall be 100%Acrylic based. Sweeping and Degreasing Cleaning, sweeping and degreasing shall be with the use of mechanical equipment such as a pressure washer or mechanical sweeper for large areas. Degreaser shall be non-toxic, biodegradable environmentally asphalt-safe degreaser to remove any oils, surface dirt, contamination, etc. 46 Acrylic Latex Traffic Marking Paint for Temporary Marking Thermoplastic traffic pavement marking shall be per current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual, Section 710 and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Acrylic latex traffic marking paint shall be conventional dry(non-heated application)water based paint intended for use in marking parking lots, airports, and roads. It shall conform to current Volatile Organic Compounds(VOC) regulations. Thermoplastic Traffic Pavement Marking Thermoplastic traffic pavement marking shall be per current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual, Section 711 and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Americans with Disabilities Act All Americans with Disabilities Act related work such as tactile surfaces, signs and pavement markings shall conform to the current Americans with Disabilities Act Standard Specifications and requirements. Group F—MAINTENANCE OF TRAFFIC (MOT) All work to be performed under Group G shall conform to the current revision of the Federal Highway Administration's Manual on Uniform Traffic Control Devices (FHWA- MUTCD) and or Index 600 of the State of Florida Department of Transportation, Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual and the Standard Specifications for Road & Bridge Construction Manual. Work must include installation, materials, labor, equipment, mobilization cost, removal and disposal of equipment, signs and barricades after the Project is completed and site cleanup. Multiple job locations within 1 mile radius shall be combined as one Project. Group G—WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES &APPURTENANCES All work to be performed under Group H shall conform to the current revision of the City of North Miami Beach Public Utilities Standard Specifications and or per current revision of the Miami-Dade County Public Works Manual, Part II, Sections D7 &D8 and Part III, Water Supply and Sanitary Sewer Standard Details and Specifications or as specified in the bid.Work must include installation,materials,labor,equipment,mobilization cost,removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project. Group H—CONCRETE SIDEWALK GRINDING All work to be performed under Group I shall include labor, equipment, mobilization cost, dust control, removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project. Americans with Disabilities Act All Americans with Disabilities Act related work such as tactile surfaces, signs and pavement markings shall conform to the current Americans with Disabilities Act Standard Specifications and requirements. Sidewalk Concrete Pavement Grinding Grinding specifications are as follows: 1. Grinding shall be performed so that the sidewalk surface has essentially the same or slightly rougher texture adjacent to either side of the joint or crack. Ground surfaces shall not be smooth or polished and shall have a coefficient of friction of not less than 0.30. 2. Grinding shall be performed so that the finished grind has a rectangular appearance consisting of a straight back line with no stray grinding marks. 3. The adjacent concrete shall remain untouched by the grinding process without scars or damage. 4. Grinding shall be performed using dry, vertical carbide grinding equipment that will leave a nonslip surface. 5. The finished slope shall be a minimum of 8:1. 6. Each unit shall consist of a grind the entire width of the sidewalk and up to a maximum of 2 inches high. 7. Vendor shall provide lists of job sites by address, including quantities and unit size of grinds. 8. Contractor shall be capable of completing a minimum of thirty(30)grinds per day. 47 STATEMENT OF"NO" BID If your company shall not be submitting a bid in response to this Invitation to Bid or Request for Proposal, please complete this Statement of"No" Bid Sheet and return, prior to the Bid/RFP Due Date established within,to: The City of North Miami Beach Procurement Management Division, Room 315 17011 NE 19th Avenue North Miami Beach, Florida 33162 This information shall help the City of North Miami Beach in the preparation of future Bids and RFP's. Bid/RFP/RFQ Number: Title: Company Name: Contact: Address: E-Mail: Telephone: Facsimile: / Reasons for"NO" Bid: Unable to comply with product or service specifications. Unable to comply with scope of work. Unable to quote on all items in the group. Insufficient time to respond to the Invitation to Bid. Unable to hold prices firm through the term of the contract period. Our schedule would not permit us to perform. Unable to meet delivery requirements. Unable to meet bond requirements. Unable to meet insurance requirements. Other(Specify below) Comments: 48 SECTION 4.0 BID SUBMITTAL—REQUIRED FORMS ITB 2016-04 CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) NAME OF COMPANY: (Name of company submitting bid) SIGNATURE: Tax ID No.: (Sign in Ink) (date) (Print Name) TITLE: E-MAIL ADDRESS: ADDRESS: TELEPHONE NO.: Do you give prompt payment discounts? ❑ Yes, Percentage of discount %Term ❑ No I certify that this Bid is made without prior understanding,agreement or connection with any corporation,firm,or person submitting a bid for the same materials,supplies,or equipment,and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this Bid for the Bidder. (Sign In Ink) (Print Name) 49 BID FORM PROPOSAL TO: CHIEF PROCUREMENT OFFICER CITY OF NORTH MIAMI BEACH 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 This Bid Form is submitted as part of the Bidder's Bid in response to the ITB issued by the City with respect to ITB Number 2016-04. Bidder must complete and submit with its bid an electronic version of the MS Excel Bid Form (Attachment BP)to be responsive. A printed copy of the MS Excel Bid Form should also be included as part of your Bid. Do not convert the MS Excel Bid Form to a .pdf form, retype or alter the Bid Form. Conversion to of the MS Excel Bid Form to a.pdf form. retyping or altering the Bid Form will result in the Bid being rejected as non-responsive. The undersigned Bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all Work required under the Bid Documents entitled, "ITB 2016-04 CIVIL WORKS — AS NEEDED", in accordance with the intent of the Contract Documents,including any Specifications, Drawings,and all Addenda issued by said Owner prior to opening of Bid Proposals. Bidder agrees that, within ten (10) calendar days after receipt of the Contract from City, it will execute the Contract, and will secure the required insurance and bonds and furnish the required insurance certificates; and that upon failure to do so within said time, then the proposal guarantee furnished will be forfeited to the City as liquidated damages for such failure; provided that if Bidder shall execute and contract, secure required insurance and bonds, and furnish required insurance certificates within said time, his check, if furnished,will be returned to him within 5 days thereafter, or bid bond, if furnished,will become void. 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 its Bid, 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. All statements, information and representations prepared and submitted in response to the ITB are current, complete, true, and accurate. Bidder acknowledges that the City will rely on such statements, information, and representations in selecting a Bidder, and hereby grants the City permission to contact any persons or entities identified in the ITB to independently verify the information provided in the Submittal. Bidder is not currently disqualified, de-listed or debarred from doing business with any public entity, including federal, state, county or local public entities. If yes, Bidder must provide a detailed explanation of such disqualification, de- listing or debarment, including the reasons and timeframe. The individual signing the Bid Form represents by signing,that he/she is duly authorized to sign on behalf of the above named company and that all information and documents submitted in response to the ITB are to the best if his/her knowledge are true, accurate, and complete as of the submittal date. Said undersigned Bidder agrees to complete all Work required under the Contract and comply with all requirements of the Contract Documents,and to accept in full payment therefore the price(s)named in the above-mentioned Bid Form. Pricing Details Unit prices for the bid items are intended to establish a total price for completing a Project in its entirety. The unit prices stated by the Bidder in Form-BP include all costs and expenses for labor, equipment, materials, maintenance of traffic (MOT) swale restoration, clearing and grubbing, demolition, debris removal, disposal, root pruning, preparation, compaction, restoration, temporary striping, inlet protection (Baled Hay, Straw, or Filter Fabric), contractor's overhead and profit. All Work and incidental costs are to be included in the unit prices and no separate payments will be made for incidentals. Where there is a discrepancy in the pricing stated on Form BP and those stated below, Form BP shall prevail. Should there be a discrepancy between the unit price and the extended price,the unit price shall prevail. 50 Bidders are bidding on a lump sum basis for the purpose of determining the lowest responsive and responsible Bidders. However, Contractor will be paid based on the line item breakdown, contained in the Bid Form,with payments based on actual Work performed. The TOTAL BID AMOUNT stated below is 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 as reflected in the MS Excel Spreadsheet. TOTAL BID GROUP SUMMARY TABLE ITB 2016-04 TOTAL AMOUNT PM.GROUP GROUP GROUP A $ GROUP B $ GROUP C $ GROUP D $ GROUP E $ GROUP F $ GROUP G $ GROUP H $ TOTAL BID AMOUNT $ Firm's Name: Signature: Printed Name/Title: 51 4.1 ACKNOWLEDGEMENT OF ADDENDA ITB 2016-04 CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID. Addendum#1, Dated Addendum#2, Dated Addendum#3, Dated Addendum#4, Dated Addendum#5, Dated Addendum#6, Dated Addendum#7, Dated Addendum#8, Dated PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID. FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: 52 4.3 BIDDER QUALIFICATION STATEMENT In order to properly evaluate bid submittals, Bidders are expected to complete the questionnaire and include the following documentation. By attesting to this submittal, Bidder guarantees the truth and accuracy of all statements and answers herein contained. 1.Today's Date: 2. Name of Firm Submitting Bid: 3. How many years has your firm been in business under its present business name?: 4. Under what other former name(s)has your firm operated?: 5. Have any similar agreements held by Bidder for similar projects to the proposed projects ever been canceled?Circle one: No Yes If yes, please explain: 6. Has the Bidder or any principals of the firm 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? Circle one: No Yes If yes, please explain: 7. Has the proposer or any principals of the firm ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Circle one: No Yes If yes, please explain and give date, court jurisdiction, action taken, and any other explanation deemed necessary: 8. Indicate registration, license numbers or certificate numbers for the businesses or professions,which are the subject of this ITB. Attach Business Tax Receipt, certificate of competency and/or State registration. 9. List the pertinent experience of the key individuals of your firm (continue on insert sheet if necessary): 10. State the name and title of the individual who will have personal management of the work: 11. State the name and address of attorney, if any,for the firm: 53 12. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%)of the Proposer's business and indicate the percentage owned of each such business and/or individual: 13. State the names, addresses and the type of business of all firms that are partially or wholly owned by Bidder: 14. Bank references BANK NAME ADDRESS(CITY,STATE,ZIP) PHONE NUMBER 15. Litigation/Judgements/Settlements/Debarments/Suspensions — Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three(3)years. Also indicate if your firm has been debarred or suspended from bidding or proposing on a procurement project by any government entity during the last five (5)years. 16. Do you have a complete set of documents, including drawings and addenda, if applicable? Circle one: No Yes 17. Did you attend the Pre-Bid Conference? Circle one: No Yes 18. Disclosure of Conflict of Interest VENDOR SHALL DISCLOSE BELOW, TO THE BEST OF HIS OR HER KNOWLEDGE, ANY CITY OF NORTH MIAMI BEACH OFFICER OR EMPLOYEE, OR ANY RELATIVE OF ANY SUCH OFFICER OR EMPLOYEE AS DEFINED IN SECTION 112.3135, FLORIDA STATUTES, WHO IS AN OFFICER, PARTNER, DIRECTOR OR PROPRIETOR OF, OR HAS A MATERIAL INTEREST IN THE VENDOR'S BUSINESS OR ITS PARENT COMPANY,ANY SUBSIDIARY,OR AFFILIATED COMPANY,WHETHER SUCH CITY OFFICIAL OR EMPLOYEE IS IN A POSITION TO INFLUENCE THIS PROCUREMENT OR NOT. Name Relationship 54 ACKNOWLEDGEMENT BIDDER QUALIFICATION STATEMENT FIRM NAME SIGNATURE OF AUTHORIZED AGENT NAME&TITLE,TYPED OR PRINTED STATE OF )SS COUNTY OF ) The foregoing instrument was sworn to and subscribed before me this day of , 20 by who is personally known to me or produced as identification. NOTARY PUBLIC, State of Commission No.: Print Name: Commission Expires: SEAL (if Corporation) 55 4.4 REQUIRED BIDDER REFERENCES Bidder shall have at least five(5)years of experience in civil works-related projects to include paving,grading,stormwater systems, sidewalks and roadway curbing, stormwater and utility repair, improvement and restoration. Bidder shall use this form and provide this information with bid submittal;failure to do so may result in the rejection of the submittal. 1. Name of Firm, City, County or Agency: Address: City/State/Zip: Contact: Title : Telephone: Fax: Email Address: Project Title/Location: Work Performed: Project Engineer of Record: Total Cost: Project Start(Month/Year): Project End (Month/Year): Was Project completed within the time frame specified in the contract? YES NO If No, provide explanation: 2. Name of Firm, City, County or Agency: Address: City/State/Zip : Contact: Title: Telephone: Fax: Email Address: Project Title/Location: Work Performed: Project Engineer of Record: Total Cost: Project Start(Month/Year): Project End (Month/Year): Was Project completed within the time frame specified in the contract? YES NO If No, provide explanation: 56 (BIDDER REFERENCES CONTINUED) 3. Name of Firm, City, County or Agency: Address: City/State/Zip: Contact: Title: Telephone: Fax: Email Address: Project Title/Location: Work Performed: Project Engineer of Record: Total Cost: Project Start(Month/Year): Project End (Month/Year): Was Project completed within the time frame specified in the contract? YES NO If No, provide explanation: OF PAGE ;'a;'.'..N 'cstia"..__. !' 57 4.5 BID SIGNATURE PAGE FOR CORPORATION The officers of the Corporation are as follows: NAME ADDRESS President Vice-President Secretary Treasurer Registered Agent The full names and residences of stockbrokers,persons,or firms interested in the foregoing Bid,as principals,are as follows: Post Office Address BIDDER: (CORPORATE NAME) PRESIDENTS SIGNATURE AND E-MAIL ADDRESS Is this corporation incorporated in the State of Florida? ATTEST: SECRETARY YES [ ] NO [ ] If no,give address of principal place of business: 58 4.6 BID SIGNATURE PAGE FOR SOLE PROPRIETOR OR PARTNERSHIP The full names and residences of persons,partners or firms interested in the foregoing Bid,as principals,are as follows: BIDDER (FIRM NAME) Witnesses: (SEAL) SIGNATURE AND E-MAIL ADDRESS PRINT NAME Title(Sole Proprietor or Partner) Post Office Address: TELEPHONE CITY in which fictitious name is registered. Attach a copy of proof of registration 59 4.7 DRUG-FREE WORKPLACE PROGRAM IDENTICAL TIE BIDS- Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE PRINTED NAME NAME OF COMPANY 60 4.8 SOLICITATION, GIVING,AND ACCEPTANCE OF GIFTS POLICY Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. - "No Public officer, employee of an agency, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, or candidate would be influenced thereby.""... The term `public officer'includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body." The City of North Miami Beach policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly,from any contractor, vendor, consultant, or business with whom the City does business. Only advertising office stationery or supplies of small value are exempt from this policy-e.g.calendars, note pads, pencils. The State of Florida definition of"gifts"includes the following: Real property or its use, Tangible or intangible personal property, or its use, A preferential rate of terms on a debt, loan,goods, or services, Forgiveness of indebtedness, Transportation, lodging,or parking, Membership dues, Entrance fees,admission fees, or tickets to events, performances,or facilities, Plants,flowers or floral arrangements Services provided by persons pursuant to a professional license or certificate.Other personal services for which a fee is normally charged by the person providing the services. Any other similar service or thing having an attributable value not already provided for in this section. To this list, the City of North Miami Beach has added food, meals, beverages, and candy. Any contractor,vendor,consultant,or business found to have given a gift to a public officer or employee,or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. SIGNATURE PRINTED NAME NAME OF COMPANY TITLE Failure to sign this page shall render your bid non-responsive 61 4.10 LICENSES,TRAININGS AND CERTIFICATIONS OF CONTRACTOR AND SUBCONTRACTORS Please include in this section. 62 4.10 FORM BA-BLACKLIST AFFIDAVIT BLACKLIST AFFIDAVIT STATE OF } } COUNTY OF } being first duly sworn, deposes and says that he/she is the Owner, Partner, Officer, Representative or Agent) of the Contractor that is to be awarded contract do hereby certify. "Contractor certifies that it does not and will not blacklist or refuse to conduct business with any company, government entity, or individual based on religion, race or national origin. Contactor understands that the City shall terminate any contract for cause where the City determines that the Contractor has blacklisted or refused to conduct business with any company, governmental entity, or individual based on religion, race or national origin. By: (signature) (print name) Title: Notary: State of , County of . The above name person who has sworn to and subscribed before me this day of 20_and is personally known or has produced as Identification. Signature of Notary Print or Stamp Commissioned Name of Notary Public 63 4.10 NONCOLLUSION AFFIDAVIT STATE OF: COUNTY OF: , being first duly sworn, deposes and says that: (1) He/she is of ,the Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired,connived or agreed,directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder,or to secure through advantage against the CITY OF NORTH MIAMI BEACH or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (SIGNED) Title Subscribed and sworn to before me this day of ,20 My commission expires: 64 4.11 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } } SS: COUNTY OF } I,the undersigned, hereby duly sworn,depose and say that no portion of the sum herein bid will be paid to any employees or elected officials of the City of North Miami Beach, 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. By: Title: Sworn and subscribed before this day of , 20_ Notary Public, State of Florida (Printed Name) My commission expires: 65 4.12 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to by for (Print individual's name and title) (Print name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has not 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)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that"convicted"or"conviction"as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an 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, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an"Affiliate"as defined in paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime, or 2. 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 length 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 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 Statues,means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any 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, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989,AND(please indicate which additional statement applies. 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, nor any 66 affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State 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 PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of , 20 . Personally known Or produced identification Notary Public-State of my commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) 67 4.13 SOURCE OF INFORMATION How did you find out about this solicitation?Check all that applies. 1.www.citynmb.com 2.www.demandstar.com ( ) 3. Daily Business Review I ) 4.The Miami Herald 5. Referral/word-of mouth Specify Source: 6. Search Engine/Internet search I ) 7. E-mail, newsgroup,online chat ( ) Specify Source: 8. Banner or Link on another website ( ) 9. Flyer, newsletter,direct mail I J Specify Source: Other ) Specify Source: 68 4.14 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT as Principal, and as Surety, are held and firmly bound unto Hereinafter called "Owner," in the sum of dollars,for the payment of which sum,well and (not less than 5 percent of the total amount of the bid) truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. WHEREAS, said Principal has submitted a bid to said Owner to perform all work required under the Bid Form(s) Owner's Contract Documents entitled "ITB 2016-04 CIVIL WORKS—AS NEEDED" NOW THEREFORE, if said Principal is awarded a Contract by said Owner and, within the time and in the manner required under the heading"Instructions to Bidders"bond with said contract Documents, enters into a written Contract of the form of agreement bound with said Contract Documents and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and material, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said Owner and judgment is recovered, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this day of , 20_ (SEAL) (SEAL) (Principal) (Surety) By: By: (Signature) (Signature) (SEAL AND ATTACH NOTARIAL ACKNOWLEDGEMENT OF SURETY) 69 4.15 PUBLIC CONSTRUCTION CONTRACT BOND PERFORMANCE, PAYMENT AND GUARANTEE- PER PROJECT/WORK ORDER-AWARDED CONTRACTOR(S) ONLY STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALL PERSONS BY THESE PRESENTS THAT as principal and , a corporation organized under the laws of the State of with its home office in the City of as surety(said principal and said surety hereinafter collectively being referred to as obligor), are held and firmly bound unto THE CITY OF NORTH MIAMI BEACH, FLORIDA, hereinafter called the obligee in the sum of ($ ) lawful money of the United States of America, for the payment whereof to the obligee, the principal and surety respectively bind themselves, their successors, heirs and assigns, jointly and severally firmly by these presents, in accordance with Section 255.05(1), Florida Statutes. Signed, sealed and dated this day of ,A.D. 20 WHEREAS, the principal and obligee have entered into a written agreement, hereinafter called the "Agreement"for the construction complete of ITB 2016-04 CIVIL WORKS—AS NEEDED—PROJECT TITLE , in the City of North Miami Beach, Florida, pursuant to the Project Manual and Specifications for Bid No. 2016-04, opened ,to which this Exhibit is attached. as evidenced by contract and plans and specifications made a part thereof, entered into between the principal and obligee on the day of 20 , a copy of which contract may be attached hereto and is hereby referred to and made a part thereof. NOW THEREFORE, the condition of the foregoing obligation is such that if the principal shall indemnify the obligee for all loss that the obligee may sustain by reason of the principal's failure to comply with any of the terms of the contract, then this obligation shall be void; otherwise it shall remain in full force. THIS BOND shall also be security for the performance of the principal and surety of the following additional covenants and obligations, and the recitals and references herein contained shall constitute a part of this Bond and obligation. 1. PERFORMANCE: Said principal (Contractor)shall well and truly perform, carry out and abide by all the terms, conditions and provisions of said contract and complete the work therein specified in accordance with the terms thereof and in the event said principal (Contractor) fails to perform said contract as aforesaid, it shall be the duty of the obligor herein to assume responsibility for the performance of said contract and to complete the work therein specified in accordance with the terms thereof, and the obligor herein shall and does hereby agree to indemnify the obligee and hold it harmless of,from and against any and all liability,loss, cost,damage or expense including reasonable attorney's fees, engineering and architectural fees or other professional services which said obligee may incur or which may accrue or be imposed upon it by reason of any negligence, default and/or misconduct on the part of the said contractor, and his agents, servants, and/or employees, in about, or an account of the construction of said work and performance of said contract by the said contractor, and shall repay to and reimburse to the said obligee, promptly upon demand, all sums of money including reasonable attorneys,architects,engineers and other professional services,each and every, reasonably paid out or expended by the said obligee on account of the failure and/or refusal of said contractor to carry out,do,perform,and/or comply with any of the terms and provisions of said contract at the time and in the manner therein provided. 2. PAYMENT: The principal will make payments to all persons supplying the principal labor, material and supplies used directly or indirectly by the principal or any subcontractor or subcontractors of the principal in the prosecution of the work provided for in said contract. 70 3. GUARANTEE: A. Materials and workmanship: The principal will guarantee all materials and workmanship installed and performed under the contract for a period of one year after acceptance or work. B. Successful operation (applying to all mechanical and electrical equipment and all devices and equipment having working parts). The principal will guarantee the successful operation of all mechanical and electrical equipment and all other devices and equipment having working parts for a period of one year after acceptance of the work. 4. SUBCONTRACTORS AND SUPPLIERS: Each and every person, natural and artificial, for whose benefit this bond has been executed, as disclosed by the test of this bond and of said contract, specifications,drawings,and all papers,and said agreement in instruments attached and made a part of the material, or supplies in furtherance of said contract, shall have the same several rights of suits or action upon this bond as if he or they were the obligee or obligees herein specifically mentioned, and the obligations hereof shall be several as to the rights of said persons or said obligees hereof. 5. COURT COSTS AND FEES: In each and every suit brought against the obligor upon this bond, in which the plaintiff shall be successful, there shall be assessed therein against the obligor herein, in favor of the plaintiff therein, reasonable counsel fees, engineers, architect and other expert witness fee,which the obligor hereby expressly agrees to pay as the part of the cost and expense of such suit. 6. ALTERATIONS, ADDITIONS AND CHANGES: That any and all alterations, additions or changes which may be made in the terms of said agreement or in the work to be done thereunder, or the giving by the owner of any extension of time for the performance of said agreement, or by any overpayment or premature payment made by owner to principal,or any forbearance whatsoever on the part of either the owner or the principal, or either or any of them, to the other, shall not in any way nor any extent whatsoever release the principal and the surety, or either of them, from liability hereunder, notice to the surety of any such alterations,additions,changes, extensions,overpayment, premature payments and forbearances being hereby waived. IN WITNESS WHEREOF the said principal and said surety hereto have caused these presents to be executed this day of 20_. Signed, sealed and delivered in the presence of: (SEAL) By: As to Principal Attest Secretary Signed,sealed and delivered in the presence of: As to Surety Attorney-in-fact 71 Florida Resident Agent NOTE: If both principal and surety are corporations, the respective corporate seals shall be affixed and attached. Power of Attorney to be attached. APPROVED AS TO FORM: CITY ATTORNEY 72 City of North Miami Beach,FL ITB#2016-04 4.16 LIST OF SUBCONTRACTORS ITB 2016-04 CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) OWNER: City of North Miami Beach, FL CONTRACTOR: Name Under License Percent Which No. Address of Office, Mill, of Total Specific Description of Subcontract Subcontractor is or Shop Contract Licensed Attach licenses of Subcontractors as applicable. 60 City of North Miami Beach,FL ITB#2016-04 Attachment B LEASED EMPLOYEE AFFIDAVIT I affirm that an employee leasing company provides the Bidder's workers' compensation coverage. I further understand that my contract with the employee leasing company limits my workers' compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor exposure. I hereby certify that 100%of workers who are not employees of the company are covered as worksite employees with the employee leasing company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I agree to notify the City in the event that I have any workers not covered by the employee leasing workers' compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers'compensation policy to cover these workers. I further agree to provide the City with a certificate of insurance from the leasing company providing proof of workers' compensation coverage prior to these workers entering any City Work site. I further agree to notify the City if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Name of Employee Leasing Company. Workers'Compensation Carrier. A.M. Best Rating of Carrier: Inception Date of Leasing Arrangement: I further agree to notify the City in the event that I switch employee-leasing companies. I recognize that I have an obligation to supply an updated workers'compensation certificate to the City that documents the change of carrier. Name of Contractor: Signature of Owner/Officer: Title: Date: 61 City of North Miami Beach,FL ITB#2016-04 Bid Requirements Checklist Bidder has attached all documents listed and any other pertinent information. The items listed are to be executed by an authorized agent of the Bidder, notarized (if applicable), and submitted as a condition to this Invitation to Bid. One(1)original and One (1)copy of bid provided Yes_ No One flash drive/CD containing a single PDF file of original submission Yes_ No All addenda signed and included (if applicable) Yes_ No Bid Form/Bid Submittal Required Forms—(Section 4) Yes_ No Bid Bond Form with notarial acknowledgement of Surety Yes_ No Licenses, Trainings and Certifications of Contractor and Subcontractor(s) Yes_ No Business Tax Receipt Yes_ No Current Certificate of Liability Insurance Yes_ No This checklist is provided as a courtesy to the Bidder to aid in preparation of bid response. Bidder is solely responsible for including all items as specified herein. 62 BID NO.2016-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP A DEMOLITION AND SITE PREPARAT3ON See Bid Specification Section of this contract for additional details. ESTIMATED NOM DESCRIPTION UNIT ANNUAL UNIT PRICE BID AMOUNT QUANTITY CLEARING,GRUBBING,REMOVAL AND DISPOSAL OF MATERIALS PER Al CURRENT MIAMI-DADE COUNTY PUBLIC WORKS MANAL PART II,ROAD SY 3,500 $ - SPECIFICATIONS SECTION 24-CLEARING AND GRUBBING,TREE REMOVAL UP TO TWELVE(12")INCHES TRUNK DIAMETER INCLUDED SAW CUT,REMOVAL AND DISPOSAL OF ASPHALT PAVEMENT UP TO TWO(2") SY 2,500 $ - INCHES THICK A3 ADDITIONAL COST PER ONE(1")INCH THICKNESS AFTER TWO(2")INCHES TO SY 1,000 $ - SAW CUT,REMOVE AND DISPOSE OF ASPHALT PAVEMENT 1 INCH THICK MILLING,REMOVAL AND DISPOSAL OF EXISTING ASPHALT A4 PAVEMENT(FIRST 50 SQUARE YARDS) SY 15,000 $ - 1 INCH THICK MILLING,REMOVAL AND DISPOSAL OF EXISTING ASPHALT SY 1,500 $ - PAVEMENT(AFTER FIRST 50 SQUARE YARDS) MILL ADDITIONAL 1 INCH THICK ASPHALT PAVEMENT,REMOVE AND DISPOSE A6 SY 15,000 $ AFTER THE FIRST INCH OF MILLED PAVEMENT SAWCUT,REMOVAL,AND DISPOSAL OF EXISTING CONCRETE SIDEWALK OR A7 SY 2,500 $ SLAB UP TO 4 INCHES THICK — SAWCUT,REMOVAL,AND DISPOSAL OF CONCRETE SIDEWALK OR SLAB A8 SY 1,000 $ MORE THAN 4 INCHES UP TO 6 INCHES THICK SAWCUT,REMOVAL,AND DISPOSAL OF EXISTING CONCRETE SIDEWALK OR A9 SY 600 $ - SLAB FOR EACH ADDITIONAL INCH OF THICKNESS AFTER 6 INCHES Al0 SAWCUT,REMOVAL,AND DISPOSAL OF EXISTING CONCRETE TYPE'D"CURB LF 100 $ - SAWCUT,REMOVAL,AND DISPOSAL OF EXISTING CONCRETE TYPE"F"CURB All LF 1,500 $ AND GUTTER Al2 SAWCUT,REMOVAL,AND DISPOSAL OF EXISTING CONCRETE 24 INCH VALLEY LF 1,500 $ - GUTTER A13 REMOVAL,AND DISPOSAL OF EXISTING CMP/HDPE DRAINAGE PIPE LF 500 $ - (DEMOLITION ONLY) _ A14 REMOVAL,AND DISPOSAL OF EXISTING CONCRETE DRAINAGE PIPE LF 500 $ - (DEMOLITION ONLY) _ A15 REMOVAL AND DISPOSAL OF EXISTING CONCRETE DRAINAGE STRUCTURE EA 5 $ - UP TO 48 INCHES ROUND OR SQUARE(DEMOLITION ONLY) A16 REMOVAL AND DISPOSAL OF EXISTING CONCRETE DRAINAGE STRUCTURE EA 5 $ - LARGER THAN 48 INCHES OR SQUARE(DEMOLITION ONLY) — REMOVAL AND DISPOSAL OF EXISTING ASBESTOS PIPE UP TO 12 INCHES IN A17 DIAMETER PER MD-DERM AND EPA REQUIREMENTS AND SHALL INCLUDE THE LF 200 $ - DISPOSAL PERMIT TOTAL BID FOR GROUP"A"-ITEMS Al THROUGH All INCLUSIVE: Total $ Bidder: 63 BID NO.2016-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP B UTILITY ADJUSTMENTS See Bid Specification Section of this contract for additional details. ESTIMATED ITEM DESCRIPTION UNIT ANNUAL UNIT PRICE BID AMOUNT QUANTITY B1 ADJUSTMENT OF EXISTING VALVE BOX,SET TO FINISH EA 20 GRADE ADJUSTMENT OF EXISTING CATCH BASIN FRAME AND B2 5 GRATE,SET TO FINISH GRADE ADJUSTMENT OF EXISTING MANHOLE RING AND COVER, B3 5 SET TO FINISH GRADE ADJUSTMENT OF EXISTING UTILITY BOX,WITH SIZE UP TO B4 24 INCHES WIDE X 36 INCHES LONG,SET TO FINISH EA 10 GRADE ADJUSTMENT OF EXISTING UTILITY BOX,WITH SIZE B5 LARGER THAN 24 INCHES WIDE X 36 INCHES LONG, SET EA 6 TO FINISH GRADE _ RELOCATE EXISTING MIAMI-DADE COUNTY TRAFFIC B6 REGULATORY SIGN PER MUTCD AND MDCPW STANDARD EA 5 SPECIFICATION RELOCATE EXISTING CITY OF NORTH MIAMI BEACH B7 MAINTAINED SIGN PER MDCPW STANDARD EA 5 SPECIFICATION TOTAL BID FOR GROUP"B"-ITEMS B1 THROUGH B7 INCLUSIVE: Total $ Bidder: 64 BID NO.2016-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP C GRADING AND'AVING Sae Bid Specification Section of this Contract for additional details. ESTIMATED ITEM DESCRIPTION UNIT ANNUAL UNIT PRICE BD EXTENDED AMOUNT NO. QUANTITY . ci TYPE 8-1 STRUCTURAL COURSE ASPHALTIC CONCRETE PAVEMENT(1 INCH THICK)MACHINE SY 2,000 5 - LAYED TYPE S1 STRUCTUAL COURSE ASPHALTIC CONCRETE PAVEMENT(1.5 INCHES THICK)MACHINE SY 2,000 $ - LAYED C3 TYPE 5-1 STRUCTUAL COURSE ASPHALTIC CONCRETE PAVEMENT(1 INCH THICK)MANUAL LAVED SY 1,000 S - U TYPE S1 STRUCTUAL COURSE ASPHALTIC CONCRETE PAVEMENT(1.5 INCHES THICK)MANUAL SY 1,000 5 LAVED C5 TYPE S3 ASPHALTIC CONCRETE PAVEMENT(1 INCH THICK)MACHINE LAYED SY 4,000 $ - C6 TYPE S3 ASPHALTIC CONCRETE PAVEMENT(1.5 INCH THICK)MACHINE LAYED SY 5,000 $ - C7 TYPE 5-3 ASPHALTIC CONCRETE PAVEMENT(1-INCH THICK)MANUAL LAVED SY 5,000 S - C8 TYPE 5-3 ASPHALTIC CONCRETE PAVEMENT(1.5 INCH THICK)MANUAL LAVED 5Y 5,000 S - SUPERPAVE SP-9.5 ASPHALTIC CONCRETE PAVEMENT(1-INCH THICK)MACHINE LAVED PER FOOT SY 5,000 S - SPECIFICATIONS 010 SUPERPAVE SP-9.5 ASPHALTIC CONCRETE PAVEMENT(1.5 INCHES THICK)MACNIE LAVED PER SY 2,500 5 - FOOTSPECTFICTONS 011 SUPERPAVE SP-12.5 ASPHALTIC CONCRETE PAVEMENT(1 INCH THICK)MACHINE LAVED PER SY 5,000 S - FOOT SPECIFICATIONS. 072 SUPERPAVE SP-12.5 ASPHALTIC CONCRETE PAVEMENT(1.5 INCHES THICK)MACHINE LAYER PER SY 5,000 $ - FOOT SPECIFICATIONS C13 SUPERPAVE SP-12.5 ASPHALTIC CONCRETE PAVEMENT(1 INCH THICK)MACHINE LAVED PER SY 5,000 $ - FOOT SPECIFICATIONS. C14 FC-9.5 FRICTION COURSE ASPHALTIC CONCRETE PAVEMENT(1 INCH THICK)MACHINE LAVED PER SY 5.000 $ - FOOT STANDARDS C15 FC-9.5 FRICTION COURSE ASPHALTIC CONCRETE PAVEMENT(1.5 INCH THICK)MACHINE LAYER PER SY 5,000 S - FOOT STANDARDS C16 FC-12.5 FRICTION COURSE ASPHALTIC CONCRETE PAVEMENT(1.5 INCHES THICK)MACHINE SY 1,000 S - LAYED PER FOOT STANDARDS 017 FC-12.5 FRICTION COURSE ASPHALTIC CONCRETE PAVEMENT ADDITIONAL 1 INCH MACHINE SY 1,000 S - LAYED PER FOOT STANDARDS CIS FC-12.5 FRICTION COURSE ASPHALTIC CONCRETE PAVEMENT(1.5 INCHES THICK)MACHINE SY 1,000 S LAVED PER FOOT STANDARDS SUBGRADE,GRADING,COMPACTION STABLIUTION®98%DENSITY(12 INCH THICK®2 LIFTS OF 6 C19 INCHES,WITH COMMERCIAL STABLRNG MATERIAL MEETING THE REQUIREMENTS OF MDCPW SY 3,000 S - SPECIFICATION SUBGRADE,GRADING,COMPACTION STABLIZATION®96%DENSITY(12-INCH THICK)®2 LIFTS OF C20 6 INCHES THICK,WITH COMMERICAL STABLRING MATERIAL MEETING THE REQUIREMENTS OF SY 3,000 S - FOOT SPECIFICATION FOR ROAD BED CONSTRUCTION UMEROCK BASE,FOOT GROUP 4(6 INCHES THICK)INCLUDING GRADING AND COMPACTION C21 STABLIZATION 598%DENSITY,TACKED COAT OR PRIMED PER THE REQUIREMENTS OF FDOT SY 500 S - SPECIFICATIONS LIMEROCK BASE,FDOT GROUP 6(8 INCHES THICK)INCLUDING GRADING AND COMPACTION C22 STABLIZATION®98%DENSITY,TACKED COAT OR PRIMED PER THE REQUIREMENTS OF FOOT SY 2,000 5 - SPECIFICATIONS 029 UMEROCK BASE(6 INCHES THICK)INCLUDING GRADING AND COMPACTION®96 X DENSITY,TACK SV 500 $ COAT OR PRIMED PER THE REQUIREMENTS OF MDCPW SPECIFICATIONS C24 LIMEROCK BASE(8 INCHES THICK)INCLUDING GRADING AND COMPACTION®98%DENSITY,TACK SY 2,000 S - COAT OR PRIMED PER THE REQUIREMENTS OF MDCPW SPECIFICATIONS C25 EACH ADDITIONAL 2 INCHES OF LIMEROCK BASE MATERIAL UNDER PAVEMENT SY S - C26 REWORK,SCARIFY,RE-GRADE AND COMPACT FIRST 2 INCHES OF LIMEROCK BASE UNDER SY 2 000 S - PAVEMENT C27 CONCRETE SIDEWALK OR SLAB(4 INCHES THICK)PER FDOT CLASS 1 MIX 5Y 500 S - C28 CONCRETE SIDEWALK OR SLAB(6 INCHES THICK)PER FDOT CLASS 1 MIX SY 500 S - 029 CLASS SIDEWALK OR SLAB(4 INCHES THICK)CLS 1 CONCRETE PLANT MIX 3,000 PSI IN 28 SY 500 S - DAYS PER MDCPW MIX SPECIFICATION 030 CONCRETE SIDEWALK OR SLAB(8 INCHES THICK)CLASS 1 CONCRETE PLANT MIX 3,000 PSI IN 28 5Y 100 $ - DAYS PER MDCPW MIX SPECIFICATION C31 ADDITIONAL COST FOR PLANT MIX COLORED CONCRETE SY 100 S - A C32 ADDITIONAL COST FOR CONCRETE PATTERN OR STAMPING 5Y 100 S - C33 CONCRETE VALLEY GUTTER PER FOOT I MDCPW SPECIFICATIONS LF 50 S - • C34 TYPED CONCRETE CURB LF 1,000 S C35 TYPE F CONCRETE CURB AND GUTTER PER FOOT/MDCPW SPECIFICATIONS LF 2,000 S - C36 ADDMONAL COST FOR CURB AND GUTTER CONCRETE PLANT MIX COLOR PER SQUARE YARD. SY 200 S - C37 24 INCHES X48 INCHES YELLOW TRUNCATED DOME DETECTABLE WARNING TILE CAST IN EA 30 5 - CONCRETE RAMP PER ADA STANDARD REQUIREMENTS 038 24 INCHES X60 INCHES YELLOW TRUNCATED DOME DETECT ABLE WARNING TILE CAST IN CA 15 5 - CONCRETE RAMP PER ADA STANDARD REQUIREMENTS 039 WALKWAY PAVERS INSTALLATION PER ASTM 0902,8,000 PSI WITH T LEVELING SAND BED FOR SY 200 $ - PEDESTRIANS AND LIGHT TRAFFIC APPLICATIONS 040 DRIVEWAY PAVERS INSTALLATION PER ASTM C1272,8,000 PSI SET ON A CONCRETE OR SY 100 S - BITUMINOUS BED(TYPE R)FOR HEAVY VEHICULAR TRAFFIC APPLICATION DRIVEWAY PAVERS INSTALLATION PER ASTM C1272,10,000 PSI SET ON 7 LEVELING SAND BED C41 FOR HEAVY VEHICULAR TRAFFIC APPUCATIO SY 150 S N C42 REWORK,SCARIFY,RE-GRADE AND COMPACT FIRST 2 INCHES OF LIMEROCK BASE UNDER SY 2,000 S PAVEMENT 65 WO NO 2011-17 MO FORM CIVIL MONO WV0 NORM WWI REACH RPM RP pm 11110140) ROUP O .1R4 LNA R.pR.11Nnt;E S..EM Sp.dS. cn Sadl0n oI 0.011 Co.*.dfoP.Odd nS OSEIRa MEWED 121100111/11011 LINT A1113646 UNT MSS MO PROMPT QUANTITY DI m1.1RAn01 TRENOI,w HOPEr0RFOATE0 PPE•16 FEET DEEP P4 FEET WOE LF e00 n EPLTRATO4 TRENCH.SRHOrEFERFORATED PPE OI0 FEET DEEP S 4 FEET WOE v 100 CO ErLT0ATIOI TRENCH,D HOPE PERFORATED PPE 13 15E0E7 DEEP S.FEET WOE v 100 DO EE0l.TNATIONTRENCH.IF HOPE PERFORATED PPE•IO FFE-r DEEP X.FEET WOE LF 100 O E71.10A71601 TRENCH.w ALUMINUM POEOATED PPE S IS PEET DEEP x4000000 E LF 100 RA11D0 TRENCH.w'ALUMINUM PERFORATED PPE•TO FEET DEEP X4 FEET WOE OF 100 w 02LT0ATax TwC,IT ADMU PERFORATED PPE ORe FEET D£P%.GEM,. IF 100 DS Ev0_T0ATTO2 MEMO,IP ALLAN./POPORATED PPE 010 FEET PEP 14 METRO. LF 100 CO DPP SNOUT SAME 24R FOR 15.PPE AND ROUND STROCTUSE EA D0 OPP SNOrtawne PP FORTS PPE AND SQUARE STRUCTURE EA n 015 IMP MON'8.4171.2 30F FOR 2.1.PPE MO SWAM WAYMIRE 10 O 12 IMP SNOUT SAME 64/1 FOR...PPE MO ROUND STRUCTIPE EA 2 DU PP SNOUT RAFFLE 54F FOR Sr PPE MD SCARE STRUCTURE EA T 016 FRAM ARO ORATE USE 51.4170 FOR CMS 06ErOR CRAB APPROVED EQUAL EA IQ ▪ MAW MCI GRATE USE 47004023 FOR PAWING LOT CAR.BASIN Da. OMR APPROVED 15 017 MANE ASO GRATE USE 5112-614PFOR PALLET RM.*PET OR CNNII APPROVED EQUAL 0 CIS REOCUUE OrcN eanOAnET STEER ORATE IMP 0357 ORCNA APPROVED Ewa EA S 010 REMUS.DITCH BOTTOM PaET STEEL SATE oar ewe OR CMG APPROVED EOM. EA s 020 FRAME AND ORATE 110F 1210 OR CIRO APPRO.,EQUAL 021 FRAME ARO PRATE..215 RR TYPE C 54.X PP CH OR 0.13 APPROVED EOLUL Da FRAME ARO ORATE USE 6610 OR CLAM APPROVED EQUAL EA s Dil RINSE A ISATEIUP SI I O OWE APPROVED EQUAL EA e OVER 11P OEEP C. USF 420 RAMOSE MSG At.EP COPE,2.6LP OFENINO CITY SEAL 5 025 UP 1120 AULINOLE MO APO 7 COVER PAW OPENING CITY S.L 5 025 16-06210NWIER SC4.10 ROPE PPE LF 110 027 1604CNOPPIETER SOLID ROPE PPE 40 04.01101ASETER SOLID ROPE PPE COO NPR.OISPETER'LOUD ROPE PPE LF 50 OP 16-1144.DIAMETER SOUD CORRUGATED ALUMNUS PIPE LF 100 012 164.14 OLASETER SCUD CORRUOATED/LUMPUR PPE SO OM SHEN owiErER souo CORRUGATED ALUMNI'S PPE LF 40 056 WM.OLUSETER SOLD CORRUGATED ALUMNUS PIPE SO DNS ISINCX DIALLETER SOLLO FRCP PPE LF 60 CP2 15.CN OPPSETER SOLO FRCP PPE 40 • 54-11401120USETER SOW FRCP PIPE LF 50 DR OISPETER SOLO FRO.PIPE 46 CPO 0601Cli DIAMETER ROM..PPE LF SO Do FOOT TYPE,C.4.1 SAWN PP P 2.7.WRIT 2-FOOT KIPP CONCRETE MANAGE STRUCTURE UP TO SOT EA 15 DEEP AMMON.C057 PER FOOT OF 0.711 FM FOOT',PEG CATC04 WW1 54. 2.7.WON 2-FOOT SMIP CONCRETE CRS sr SPUME mRRauwsTffcCOR DW1TH:F007 SLAP 6TCP sue UP TO SP DEB,.m OR MH EA 6 • ACOTITPRL COPT PER FC07 OF CEPTIIRMY SOUARE CR RCM.TYPE,OR W1114 2-FOOT SUMP 2 TCP SLAB OVER 60'DEEP FOR CB OR PP DM K SWAM O RwHO 1VPEC OR O WRIH 5S00T SUMP TO SAS LP TO a DEEP FOR CP O NN EA R oLs AMMON.COST PER FOOT CP DEP.FOR IS SQUARE OR ROUND'TWEE OR WON 2,007 SUNP 6 TOP SUP OVER..LEEP FOR CB OR PP .7 4ST 50UARE OR ROUND TWEL OR 0 WrIll SPOOTSLISP A TOP WAS UP TO PP DEEP FOR CD OR.. 0.0001CNAL COST PER FOOT OF CEP.FOR AP SQUARE OR ROUND TREE CR 0 WON 2-FOCIT SU1P D R LIP SOLLVE CR ROUND TRE-C OR 0 WON 5-FOOT SLIPP. TOP SLAP LP TO LIP INEP FM CS OR L. EA 5 ▪ .4001110.L COST PER FOOT OF CEP/14 FOR 5Lf SOUARE OR ROUND TYPE.OR D WIN 5-FOOT SUMP• EA 2 TOP SLOE OVER 0IF CEEP FOR CO OR RP 45.SOUNIE OR ROUND TYPEP OR.1,6-FOOT SUMP WITTI TOP SLAB UP TO PP DEEP FOR FRENCH ACCITTONAL COST PER FOOT OF OEM FOR 40.SQUARE OR ROUND TYPE,OR J.&SEW.SUNP WON 052 2 TOP PAR OVER 77 DEEP FM FRENCH DRAIN OP SQUARE n ROUNDPI P 01 15-OmwIP wONTO SLAB LP Tr GEEPFORF®04 ow s P AMMON..COPT PER FOOT OF 0.114 FOR SP SQUARE OR ROUND TYPE,OR.,96-FOOT BURP WI. EA TOP SLAP OPER 77 DEEP FM PREP.ORAN 7r SQUARE 011 ROUND TYPE,OR J.16FOOT SUIP WON TOP SLAP UP 10 72.DEEP FOR FRENCLI 065 1 OSPIN ALMON.COPT PER FOOT OF DEP.FOR 77 SQUARE CR ROUND',PEP OR J.SS-T-007 065 1 TCP PAO OVER 77 DEEP FOR MEN.ORAN comEcnon TO MST,.BIALICIllff M.N..CORE OWL.OF WRLICIIRE 0.01 ai LESS DUMPER PPE ▪ COMECTION TO EOM.STRUCTURE INCLUDING CCRE OREN°OF STRUCTURE 0.1.THAW. PPE ▪ CONNECTOR TO.2151140 STRUCTURE NCLUDINO CORE ORLI..OF STRUCTURE 1(144CN DIAMETER PPE • DONNECTION TO PROM STRLICITRE PQM.CORE OWL..STRUCTURE 154■0211 WW1. EA PPE CONNECTION TO.1311110 STRUCRIRE NCLUDNO CORE ORURO OF STRUCTURE 16.01 DIAMETER PPE CONNECTION TO EMIT.STRUCTLRE NCLUDING CORE ORURO OF STRUCTURE IPINCN ONSIETER 062 2 PPE on CONNECT1C44 TO Emma SmucnwE wcEWxO COVE ORUwD CF STRUCnne.0624 DAISETER : PPE CONNEC11.TO MVP.STRUCTURE NCLUORD CC.WRUNG OF STRUCTURE SPINC14 OPPETER CPA 5 PPE MS VACUUM TRUER CLEANING OF.0157•10 DRAINAGE STK.... PER NR Dee VACUUM TRU.CIENRwO O EPESRO DRAnDE PRES PER. I CCRPRELLSE0 AR LIFT CLEAN 00 roeP�W �MBO PLUME 200 REHAYIATE PER 1414 I.1167040 DUwEw. LIP TO URAL ED FOR GROUP V-MS DI TISDIEH DO=LOME: my Riser BID NO.2016-04 BID FORM CIVIL WORKS CITY OF NORTH WWII BEACH FORM BP(BID PRICING) GROUP E TRAFFIC SIGNS ANC PAVEMENT MARKINGS Sea Bid Specification Section of this contract for additional details- ITER NO. DESCRIPTION UNIT OTY UNIT PRICE BD EXTENDED AMOUNT El 4-INCH WIDE WHITE,YELLOW,GREEN OR BLUE THERMOPLASTIC LF 2,000 $ - E2 &INCH WIDE WHITE.YELLOW,GREEN OR BLUE THERMOPLASTIC LF 1,000 S E3 8-INCH WIDE WHITE,YELLOW,GREEN OR BLUE THERMOPLASTIC LF 250 S - E4 10-INCH WIDE WHITE,YELLOW,GREEN OR BLUE THERMOPLASTIC LF 250 S - E5 12-INCH WIDE WHITE,YELLOW,GREEN OR BLUE THERMOPLASTIC LF 500 $ - E6 18-INCH WIDE WHITE,YELLOW,GREEN OR BLUE THERMOPLASTIC LF 250 S - El 24-INCH WIDE WHITE,YELLOW,GREEN OR BLUE THERMOPLASTIC LF 500 $ ES 12-INCH WIDE ARROW,WHITE,YELLOW,GREEN OR BLUE THERMOPLASTIC EA 20 S - EB LETTERING PER LOT ITS,LESS THAN 12 HIGH,WHITE,YELLOW,GREEN OR BLUE EA 25 S - THERMOPLASTIC LETTERING PER LETTER BETWEEN 12-24'HIGH,WHITE,YELLOW,GREEN OR E70 BLUE THERMOPLASTIC EA 30 S - Eli HANDICAP 6 WIDE AND 16-16 LONG ACCESS AISLE PAVEMENT MARKING EA 20 $ - THERMOPLASTIC E12 HANDICAP SYMBOL PAVEMENT MARKING THERMOPLASTIC EA 20 $ - AN E13 HANDICAP SYMBOL IN BLUE 4'X 4'BACKGROUND PAVEMENT MARKING 20 $ THERMOPLASTIC E14 4-INCH WIDE WHITE,YELLOW,GREEN OR BLUE LATEX LF 2,000 B - E15 &INCH WIDE WHITE,YELLOW,GREEN OR BLUE LATEX LF 2000 B - E18 8-INCH WIDE WHITE,YELLOW,GREEN OR BLUE LATEX LF 250 S - E17 10-INCH WIDE WHITE,YELLOW,GREEN OR BLUE LATEX LF 250 S - E18 12-INCH WIDE WHITE,YELLOW,GREEN OR BLUE LATEX LF 500 S - E18 18-INCH WIDE WHITE,YELLOW,GREEN OR BLUE LATEX LF 250 S - E20 24-INCH WIDE WHITE,YELLOW,GREEN OR BLUE LATEX LF 500 S - E21 12-INCH WIDE ARROW,WHITE,YELLOW,GREEN OR BLUE LATEX LF 20 S - E22 LETTERING PER LETTER,LESS THAN 12 HIGH,WHITE,YELLOW,GREEN OR BLUE EA 20 S - LATEX LETTERING PER LETTER,BETWEEN 12-24'HIGH,WHITE,YELLOW,GREEN OR E23 BLUE LATEX EA 30 E - E24 HANDICAP 6 MARTENS AND 16-16 LONG ACCESS MILE PAVEMENT MARNS LATEX EA 20 0 - E25 HANDICAP SYMBOL PAVEMENT MARKING LAT EA 20 S - EX E26 HANDICAP SYMBOL IN BLUE 4'X 4'BACKGROUND PAVEMENT MARKING LATEX EA 20 $ E27 REFLECTIVE PAVEMENT MARKERS(RPM) EA 100 1 - E28 REFLECTIVE DELINEATOR MARKERS(TUBE OR PANEL) EA 50 B - KE E28 BABY CARRIAGE SIGN 8 POST IN CONCRETE TA 5 $ - E30 BABY CARRIAGE SIGN 8 POST IN ASPHALT/GROUND EA 2 S - E31 BABY CARRIAGE SIGN 8 POST WALL MOUNTED EA 5 S - E32 CONCRETE WHEELSTOP EA 50 S - E33 CONCRETE W HEELSTOP(PAINTED) EA 50 S - E34 HANDICAP SIGN-POST IN CONCRETE EA 20 S - AN E35 HANDICAP SIGN-POST IN ASPHALT/GROUND EA 20 S - E36 HANDICAP SIGN-WALL MOUNTED EA 5 5 - 4'HIGH X 4'DIAMETER CONCRETE FILLED DUCTILE PIPE PAINTED BOLLARD Q)2' E37 DEEP E DIA CONCRETE FOUNDATION EA 20 S - 038 SEALCOATING INCLUDING SWEEPING AND DEGREASING UP TO 3000 SF PER JOB SY 1,000 $ - E38 SEALCOATING INCLUDING SWEEPING AND DEGREASING FROM 3000-10000 SF PER SY 2,000 S - JOB 040 SEALCOATING INCLUDING SWEEPING AND DEGREASING FROM 10,000-20,000 SF SY 4,000 S - PER JOB E41 SEALCOATING INCLUDING SWEEPING AND DEGREASING FROM 20,000-50000 SF SY 6,000 S - PERJOBUP E42 SEALCOATING INCLUDING SWEEPING AND DEGREASING FROM 50,000 SF PER JOB SY 8,000 5 - TOTAL BD FOR GROUP'E'-RENS El THROUGH E42 INCLUSIVE: Total f Bidder 67 BID NO. 2016-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP (BID PRICING) GROUP F See Bid Specification Section of this contract for additional details. ITEM DESCRIPTION UNIT QTY UNIT PRICE BID EXTENDED AMOUNT NO. BARRICADES TYPE I&II AND SIGNS MORE THAN F1 EA 150 5 UNITS PER DAY $ - F2 BARRICADE TYPE III(6-FOOT LONG)PER DAY EA 20 $ - F3 PLASTIC DRUMS PER DAY EA 20 $ - F4 JERSEY WALL CONCRETE OR WATER FILLED EA 10 $ - PER DAY F5 TRAILER MOUNTED ELECTRONIC ARROW EA 10 $ - BOARD PER DAY F6 TRAILER MOUNTED ELECTRONIC READER EA 10 $ - BOARD PER DAY F7 FLAGMAN PER HOUR EA 10 $ - PLASTIC ORANGE SAFETY FENCING WITH 3/4" F8 SUPPORT REBARS AND PLASTIC SAFETY CAP @ LF 500 $ - MAXIMUM 10'O.C.(WHERE APPLICABLE) F9 PLASTIC ORANGE SAFETY CONES PER DAY EA 500 $ - F10 TRAFFIC STEEL PLATE EA 10 $ - TOTAL BID FOR GROUP"F"-ITEMS F1 THROUGH F10 INCLUSIVE: Total $ - Bidder: 68 BD NO.2016-04 BID FORM CML WORKS FORM BP(BID PRICING) GROUP G WATER DISTRIBUTION WASTEWATER CCLLECTION STRUCTURES B APPURTENANCES See Bid Specification Section of this Contract for additional details. ITT31 DESCRIPTION UNIT QTY UNIT PRICE BID EXTENDED AMOUNT NO. 4 FEET DEEP PRECAST MANHOLE FOR BUTTERFLY VALVE 30 INCHES IN DIAMETER OR LARGER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III,DETAIL NO. GI W53.14.WITH FRAME AND COVER EA 4 S • ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST MANHOLE FOR BUTTERFLY VALVE 30 INCHES IN DIAMETER OR LARGER PER MIAMI-DADE COUNTY G2 PUBLIC WORKS MANUAL,PART III,DETAIL NO.WS 3.14.WITH FRAME AND COVER GREATER THAN 4 FEET DEEP EA 2 ' E - G3 TYPE-A-MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III,DETAIL NO.SS 4.0. EA 12 S - CONCRETE PRECAST STANDARD SEWER MANHOLE 5 FEET DEEP WITH FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III,DETAIL NO SS 6.0- EA 3 S - 8.2. ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST STANDARD SEWER MANHOLE WITH FRAME AND COVER PER MIAMI-DADE COUNTY PUBUC WORKS _ G. MANUAL.PART III,DETAIL NO SS 8.0-6.2.GREATER THAN 5 FEET DEEP EA 2 S G6 4 FEET DEEP OR LESS CONCRETE PRECAST SHALLOW MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III,DETAIL NO SS 7.0. EA 3 $ - G7 4 FEET DEEP OR LESS CONCRETE PRECAST DROP CONNECTION MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL PART III,DETAIL NO.SS EA 2 $ 8.0. ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST DROP CONNECTION MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL, GB PART III,DETAIL NO.SS 9.0.GREATER THAN 4 FEET DEEP EA 2 5 - G9 4 FEET DEEP OR LESS CONCRETE PRECAST CHECK VALVE MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III,DETAIL NO.SS 15.0. EA 3 5 - ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST CHECK VALVE MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART G10 EA 2 S III,DETAIL NO.SS 15.0.GREATER THAN 4 FEET DEEP • 4 FEET DEEP OR LESS CONCRETE PRECAST PLUG VALVE AND CHECK VALVE MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III, G11 DETAIL NO.SS 16.0. EA 2 S ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST PLUG VALVE AND CHECK VALVE MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC G12 WORKS MANUAL,PART III,DETAIL NO.SS 16.0.GREATER THAN 4 FEET DEEP EA 2 S - • 4 FEET DEEP OR LESS,5 FEET WIDE X 5 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC GALVANIZED - G13 CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) EA 2 S ADDITIONAL COST PER FOOT OF DEPTH FOR A 5 FEET WIDE X 5 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC GI4 GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP EA 2 $ - 4 FEET DEEP OR LESS,5 FEET WIDE X 8 FEET LONG W TTH 8 INCH THICK REINFORCED WALL,CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC GALVANIZED - G15 CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) EA 2 5 ADDITIONAL COST PER FOOT OF DEPTH FOR A 5 FEET WIDE X 6 FEET LONG WITH B INCH THICK REINFORCED WALL.CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC - GIB GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP EA 2 5 4 FEET DEEP OR LESS,6 FEET WIDE X 8 FEET LONG WITH B INCH THICK REINFORCED WALL,CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC GALVANIZED - G17 CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) EA 2 S ADDITIONAL COST PER FOOT OF DEPTH FOR A 8 FEET WIDE X 6 FEET LONG WITH B INCH THICK REINFORCED WALL.CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC - G10 GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP EA 2 S 4 FEET DEEP OR LESS,6 FEET WIDE X B FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC GALVANIZED - G19 CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) EA ` 2 5 ADDITIONAL COST PER FOOT OF DEPTH FOR A 8 FEET WIDE X B FEET LONG WITH B INCH THICK REINFORCED WALL.CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC - G20 GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP EA 2 S TOTAL BID FOR GROUP.G.-ITEMS GI THROUGH G20 INCLUSIVE: Total $ - Bidder. NAME OF BIDDER: Bid Form 42311 revised updated GYC-udss,Group 0 7512016 69 BP-1 BID NO.2016-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP H CONCRETE SIDEWALK GRINDING See Bid Specification Section of this contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE BID EXTENDED AMOUNT CONCRETE SIDEWALK GRINDING TO MEET ADA REQUIREMENTS.CALCULATED H1 AT AVERAGE HALF(1/2)INCH THICK INCREMENT FOR 4 FEET WIDE SIDEWALK EA 500 $ CONCRETE SIDEWALK GRINDING TO MEET ADA REQUIREMENTS.CALCULATED H2 AT AVERAGE HALF(1/2)INCH THICK INCREMENT FOR 5 FEET WIDE SIDEWALK EA 1,000 $ TOTAL BID FOR GROUP"r-ITEMS HI THROUGH H2 INCLUSIVE: Total $ - Bidder: 70 Exhibit "B" City of Nan,Marti Beach,FL ITS No.201644 4410964i ,CCompany Submitting cl INVITATION TO BID MIAl Nr- PEOPt- ITB NO: 2016-04 TITLE: CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) ADVERTISEMENT: July 6,2016 NON-MANDATORY PRE-BID July 20,2016 TIME:2:00 PM CONFERENCE: NORTH MIAMI BEACH CITY HALL COUNCIL CHAMBERS 17011 NORTH EAST 19th AVENUE, 2ND FLOOR NORTH MIAMI BEACH,FLORIDA 33162 DUE DATE August 4,2016 TIME:2:00 PM SUBMIT TO: CITY OF NORTH MIAMI BEACH PROCUREMENT MANAGEMENT DIVISION Attn:JOEL WASSERMAN,CPPO 17011 NORTH EAST 19th AVENUE, ROOM 315 NORTH MIAMI BEACH,FLORIDA 33162 REVIEW MEETING: August 9,2016 TIME:2:00 PM COUNCIL APPROVAL: August 16,2016 BONDS: 5%BID BOND 100%PERFORMANCE AND PAYMENT BOND(Per Wait Order) TABLE OF CONTENTS �:f�,f�'.•� ti.� 'd':yf��C�y7�: j 29 c, < � � a� �4; cr�a�`i{r :i� �' v<l��SJY?M1y`FS` ti P�` : �' 0,�,_t( 3R�i�7T\ c r i 5; � '' 'Py4 .�'i^" �`'tc� �!�'^' .a�. Yj^s%i!, E,,c •,.o- l . .h •'i'S:.N} ra ,'q'�.n. ... f .�'Y.i.-.k i . .?'i.w. .:1-,yy_; ': .i. ,a ` Tws..5: ..,. •aic �.-v�4k}1i.' INVITATION TO BID 3 1.0 GENERAL TERMS AND CONDITIONS 4 2.0 SPECIAL CONDITIONS 26 3.0 TECHNICAL SPECIFICATIONS 43 4.0 BID SUBMITTAL-REQUIRED FORMS&ATTACHMENTS 49 BID REQUIREMENTS CHECKLIST 62 BID PRICING FORM (BP) 63 2 CITY OF NORTH MIAMI BEACH li. it ITB NO.2016-04 _ INVITATION TO BID • T �.a CML WORKS(ROADWAY&DRAINAGE PROJECTS& REPAIRS) July 6,2016 The City of North Miami Beach ('City'). Florida invites qualified contractors to submit bid responses no later than 2:00 PM EST Thursday.Aucwst 4.2016 for CML WORKS(ROADWAY&DRAINAGE PROJECTS& REPAIRS). Interested firms may secure the solicitation package and all other pertinent information by visiting htto:thwAy.citynmb.com/ourchasinq hasinq or at DemandStar.com. The City seeks to establish an as-needed continuing contract with a qualified and experienced General Contractor to perform civil works(roadway and drainage repairs and projects)per plans and specifications(If applicable). Work will include but not be limited to the following under a unit price agreement Construction, maintenance and restoration services for the public right-of-way, water and sewer infrastructure and appurtenances.Refer to Section 2.2 and 2.3 for Minimum qualifications and license requirements.The selection of the successful Bidder shall be at the City's discretion and shall be made in a prompt manner after the receipt and evaluation of all bid responses. A Non-Mandatory Pre-Bid Centennial will be held on Egjggidgy,July 20.2016 at 2'00 PM In City HaN Council Chambers,2"a Floor located at 17011 NE 19"Ave.North Miami Beach,FL 33162 Bidders are encouraged to attend the pre-bid conference Questions regarding this solic#etion shall be submitted in writing to ggaiMmtsgm no later than 5:00 PM on Tuesday July 26. 2016. Responses to those questions considered material to the solicitation will be made available as formal addenda to the City's Purchasing website and DemandStar.com. It is the responsibility of prospective respondents to ensure they are aware of all addenda issued relative to this solicitation. Bidders shall submit One(1)original complete proposal package,Five(5)duplicate copy of the original and One(1)flash drive or CD-ROM copy,of the original to the City of North Miami Beach Procurement Management Division—Attention:Chief Procurement Officer,17011 N.E.100 Avenue,3"d Floor,North Miami Beach,FL 33162 on or before the due date stipulated above. All packages shall be dearly marked ITS 2016-04 CML WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS). The City will not be responsible in the event the U.S. Postal Service or any other courier system fails to deliver any package by the above referenced deadline. Late submissions shall not be considered and will be deemed non-responsive and not considered for award. Bid responses will be publicly opened and firm names read aloud in the City Hall 2ad Floor Council Chambers on the due date tine above. The City of North Miami Beach reserves the right to reject any and all submissions, to waive any and all irregularities in any submission,and to make awards in the best interest of the City. Joel Wasserman,CPPO Chief Procurement Officer City of North Miami Beech Pursuant to Florida Statutes 119.071,sealed bids,proposals or replies by an agency pursuant to a competitive soon are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty(30)days after the opening of the bids,proposals,or final replies, whichever is earlier. Pursuant to subsect ion (t) "Cone of Silence'of Section 2-11.1 "Conflict of interest and Code of Ethics Ordinance'of Miami Dade County, pubic notice is hereby given that a `Cone of Silence'is imposed concerning this solicitation. The 'Cone of Silence'prohibits communications concerning RFP's, RFQ's or Bids,until such time as the Town Manager makes a written repommendation to the Town Count concerning the soation. Failure to comply with the'Cone of Spence may result in the rejection of a Response. For additional information concerning the"Cone of Silence please refer to Section 2-11.1 of Miami Dade County Code. 3 SECTION 1.0 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS documents issued under or relating to the Contract. When used in Contract Documents (defined below) or in Consultant, A/E of Record or Engineer means a firm that related documents, the following terms shall have the has entered into a separate agreement with the City for the meanings given below: provision of design/engineering or construction Addendum: A modification of the Plans, Specifications or administration services for a Project other Contract Documents distributed to prospective Contract Manager:North Miami Beach's City Manager or her Bidders prior to the opening of Bids. designee or duty authorized representative designated to Advertisement for Bids: The public notice inviting the manage the Contract. submission of Bids for the work. Bid: The written offer of a Bidder to perform the work or Contractor. The individual, firm, partnership, corporation or service. joint venture whose Bid is accepted and who enters into a Bid Bond:A bond executed by a Bidder and its Surety in the Contract with the City of North Miami Beach and who is attached form guaranteeing that the Bidder, if awarded the liable for the acceptable performance of the work and for the Contract will execute the same and will timely furnish the payment of all legal debts pertaining to the Work. required Performance Bond, Payment Bond,and evidence Contract Date:The date on which the Agreement is effective. of Insurance. Bidder: Any individual, firm, partnership or corporation Contract Time:The number of days allowed for completion submitting a Bid in accordance with the Instructions to of the work.The Contract Time will be stipulated in the Bid Bidders. Form,unless extended by a Change Order.All contract time Bid Documents: Bid Guarantee or Bid deposit. The shall be measured in calendar days. Advertisement for Bids, Instructions to Bidders, Bid Form, City or Owner A political subdivision, Incorporated City Bid Bond, Contract, Performance Bond, Payment Bond, within Miami-Dade County of the State ci Florida, whose General Conditions, Special Provisions, Technical Specifications and Plans,together with all Addenda. governing body is a City Council consisting of a Mayan,Vice Bid Form:The form on which Bids are submitted. Mayor and five City Council members. Calendar Day or Day: Every day shown on the calendar City Manager: The Manager of the City of North Miami unless otherwise specifically stated. Beach,Florida. Completion Time means the number of calendar days specified for the completion of a project, which may be a Cure means the action taken by the Contractor promptly,after single project under a contract or multiple projects where a t of written notice from the City of a breach of the Work Order establishes the timeframe for completion of Contract Documents, which shall be performed at no cost each Project to the City,to repair,replace,correct,or remedy all material, Change Order:A written agreement executed by the City,the equipment, or other elements of the Work or the Contract Contractor and the Contractors Surety, covering Documents affected by such breach,or to otherwise make modifications to the Contract recommended by the Project good and eliminate such breach. Manager and approved by the City Manager and/or City Cure Period means the period of time in which the Contractor Council. is required to remedy deficiencies in the Work or Construction Change Directive means a written directive to compliance with the Contract Documents after receipt of a effect changes to the Work,issued by the Project Manager written Notice to Cure from the City identifying the that may affect the Contract price or time. deficiencies and the time to Cure. Construction Schedule means a schedule of the Work to be performed, as defined and required by the Contract Deliverables:All documentation and any items of any nature Documents. submitted by the Contractor to the City's Project Manager Contract The written agreement between the City and the for review and approval in writing pursuant to the terms of Contractor for performance of the Work in accordance with the Agreement. the requirements of the Contract Documents and for the Defective Work means (a) Work that is unsatisfactory, payment of the agreed consideration. . deficient, or damaged, does not conform to the Contract Contract Documents:The Instructions to Bidders,Bid Form, Documents, or does not meet the requirements of any Bid Bond, Contract, Performance Bond, Payment Bond, inspection, test or approval, or (b) Work associated with General Conditions, Special Provisions, Supplemental punch list items that the Contractor fails to complete within Provisions, Technical Specifications and Plans, together a reasonable time after issuance of the punch list by the with all Addenda, Change Orders, Schedules, Shop Project Manager. Drawings, Work Orders, Work Order Proposals, Design Documents, Plans, Drawings, or Sketch means clarifications, directives, payments, and other such any construction plans and specifications or graphic 4 representation. Subcontractor or Sub-consultant My person,entity,firm Inspector means an authorized representative of the City or corporation,other than the employees of the Contractor, assigned to make necessary inspections of materials who furnishes labor and/or materials,inn behalf c with the furnished by the Contractor and of the Work performed by Work, whether directly or indirectly, on th oo and/or in the Contractor. The City, at is sole discretion may hire a under the contract of the C ontracor and whether or not in professional consultant to perform the inspections. PAY of Contract with the Contractor. Lessee: My individual, partnership corporation having a Substantial Completion means that point at which the Ar a tenant relationship with the City of North Miami Beach. with the Contract of completion in sum compliance It with the Contract Documents. and is fit for use in its Liquidated Damages: The amount that the Contractor intended purpose. Substantial Compliance shall not be accepts, as stipulated In the Bid Form, which will be deemed to have occurred until any and all governmental deducted from the Contract Sum for each Calendar day of entities,with regulatory authority or which have jurisdiction delay due to a Non-excusable Delay to be determined by over the Work, have conducted all final inspections, and the City's Chief Procurement Officer. approved the Work. Beneficial use or occupancy shall not Notice To Proceed(NTP):The written communication issued be the sole factor in determining whether Substantial by the City to the Contractor directing the Contractor to has been achieved. unless a temporary begin contract work and establishing the date of of has been issued. commencement Of the work. The words"Work","Services","Program",or"Project": Performance Payment Bonds: Bonds executed by the All matters and things required to be done by the Contractor Contractor and his Surety,on the attached forms,assuring in t not with the provisions of the Contract,inducting that the Contractor will,in good faith,perform and guarantee but cet lirnited or moor, ecterialy, squipmeor are the work in full conformity with the terms of the Contract contractor whether o or not specifically stated for the Documents and coil promptly pay all persons implying the Documents.to fulfil its obligations trader the Contract Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the prosecution of the Work Order means a document issued by the City Work. awarding a specific Project or Project(s)to a Contractor. Plans or Drawings:The drawings or reproductions thereof, Work Order Proposal means a document prepared by the prepared and sealed by the ArchkectlEngkreer,which show Contractor, at the request of the City for Work to be the locations,character,d mensions and details of the work performed on a Project(s). to be done and which are part of the Contract Documents. The words "meted", "Required", "permitted", Project The construction and services required by the "Ordered", "Designated", "Selected", "Prescribed", or Contract Documents or Work Order, which includes all words of like import to mean respectively, the direction, labor,materials,equipment,and services to be provided by requirement, permission, order, designation, selection or the Contractor to fulfill the Contractor's obligations. prescription of the City's Project Manager;and sinileryr the Project Cost The sum of the construction costs,allowances words ', "satisfactory", 'ell ' for contingencies,the total cost of design professional and • or words of lice import to mean to, ell tiveyr, related services provided by consultant,and allowances for nom by, or acceptable ofs the er City's to, equal or necessary in the such other items as charges of all other professionals and resolving and in the managerls cow. decision shall be final. Project Manager: The duly authorized reOreeentative 1.2 VENDOR REGISTRATION INSTRUCTIONS designated to manage the Project(s). Multiple departments will be utilizing this Contract and each department wit It is the policy of the City to encourage full and open appoint a Project Manager to represent their department competition among all available qualified vendors. AI Request For Information (RFn means a request from the vendors regularly engaged In the type of work specified in the Contractor seeking an interpretation or clarification relative Bid l with he m are o encouraged be includ to submit bids. t for may to the Contract Documents. The RFI,which shall be clearly enrol with the City so be included on a maBng Net for selected categories marked RFI, must clearly and concisely sat forth the of goods and services. To be eligible for rs must of issues) or itern(s) requiring clarification or interpretation c contract(V Vendor pli pre.For information orders), Bidders mly and why the response is required. The RFI shall set forth asntpbbe a 'For is tt u and to apply as the Contractor's interpretation or understanding of the a vendor, plates visit our wel�and document(s) in question, along with the reason for such at www•dtv�urmb.com to download an applcefiorm and submit it understanding. to Procurement Management DIVISION 17011 NE 19 Avenue, Scope of Service or Specifications: Document which Suite 315 North Miami Beach, Florida 33162. To get details the work to be performed by the Contractor. document, specifications and updates go to 5 submitting your bid. NO OTHER FORM WILL BE 1.3 CONE OF SILENCE AND REQUEST FOR ADDITIONAL ACCEPTED. ITI INFORMATION B. All information required by the bid form shall be "Cone of Silence; as used herein, means a prohibition on furnished. The Bidder shall sign each continuation sheet any communication a particular Request (where indicated)on which an entry is made. Proposal('RFP'),Request for Qualification("RFQ')or bid. C. Unit prices shall be shown and where there is an error in Pursuant to Section 2-11.1(t) of the County Code, all bid extension of P std govern. solicitations, once advertised and until an award D. Alternate bids will not be considered unless authorized in recommendation has been forwarded to the appropriate the Invitation to Bid document. euinerifY are under the 'Cone of Silence' MY E. A Bid shall be considered non-responsive if it is communication or inquiries,except for clarification of process conditioned on modifications, changes, a revisions to or procedure already contained in the solicitation,are to be the terms and conditions or of the ITS. made i i writing to the attention of the Chief Procurement Officer. Such inquiries or request for information shall be F.Proposed delivery time must be shown in calendar days, submitted to the Chief Procurement Officer and shall contain which shall include weekends and holidays. requesters the name, address, aid telephone number. If Bid Prices are to include all labor, materials, equipment, transmitted by facsimile, the request should also include a overtteadAmdirec t and profit/margin, y for cover sheet with Bidder's facsimile number. The request may of the Worts, except as may be otherwise also be electronically mailed to birjsegtfintsigin or mailed e y Provided for in the Contract Docixments. to Procurement Management Division,17011 NE 19 Avenue, Suite 315,North Miami Beach,Florida 33162. The City of North Miami Beach is exempt from payment to its During Cone of Silence the following is prohibited: My vendor's of State of Florida sales tax and therefore, such taxes should not be communication regarding this bid between a potential figured into the Bid. However, this vendor, service provider, bidder,lobbyist, or consultant and axe does not transmit to suppliers to the City in their the Citys professional ate f including,but not invited to City ( ) p of goods or services, used in work or Council, the City Manager and his or her staff. AN goods sued to the City. Contractors are responsible for communication regarding this bid should be sent in writing taxes sales or otherwise, levied on their purchases, only to the Procurement Management Divis ion et con 'employment,etc. M exemption certificate will bidaQcitvrnmboom, be signed where applicable,upon rem' The City will pay no sales trot. 1.4 BIDDERS 1.6 DESCRIPTION OF SUPPLIES Bidders are required to submit their proposals upon the A My manufacturers names,trade names,brand names, following express conditions: or catalog numbers used in these applications are for the A Bidders shall thoroughly examine the drawings, purpose of describing and establishing minimum spsdfiations, schedules, instructions and all other rewirements or level of quality. standards of contract documents. performance, and design required, and are in no way B. Bidders shall make all Investigations necessary to intended to prohibit the bidding of other manufacturers' thoroughly inform themselves regarding site(s) and items of equal material, unless specifications state'NO fac:ile'sior delivery of material and equipment as required SUBSTITUTIONS by the bid conditions. No plea of ignorance,by the Bidder, B. For Substitutions Bidders are required to state exactly of conditions that exist or that may hereafter exist as a what they intend to furnish; otherwise they shall be result of faiure or omission on the part of the Bidder to required to furnish the items as specified. make the necessary examinations and investigations,or C. For Substitutions Bidders must submit, with their failure to i cu in every detail the accepted of the proposal, necessary data (factory Information sheets, contract documents, will be accepted as a basis for mss, brochures, etc.) to evaluate and varying the requirements of the City or the compensation determine the quality of the item(s)they are bidding. due the Bidder: D. The City shall be the sole judge of equality and Its • C. Bidders are advised that all City contracts are decision shall be final. subject to all legal requirements provided for in the City of 1.7 SUBMISSION OF BIDS North Miami Beach Purchasing Code and applicable County Ordinances,State Statutes and Federal Statutes. A. The ITB, Bid Form and any addendum that may be 1.5 PREPARATION OF BIDS issued constitute the complete set of requirements for this ITB.The Bid Price Submittal Form page(s),and all Bids will be prepared in accordance with the following: forms contained in the ITB shall be completed,signed, A Our enclosed Bid Proposal Form is to be used in and submitted in accordance with the requirements of 6 the ITB. All Bids shall be typewritten or Bled in with pen shall inform the City of any change during the term of and ink,and must be signed by an officer or employee the Contract having authority to bind the company or firth. Errors, I. Bidder by submitting its Bid certifies that it is qualified corrections, or changes on any document shall be and capable of performing the Work required under the initialed by the signatory of the Bid. Contract. As part of the Bid,the Bidder shall include the B. Bids and Addenda thereto shall be enclosed in sealed form entitled'Questionnaire". Failure to complete and envelopes addressed to the Chief Procurement Officer, submit this form or to meet this requirement shall result Joel Wasserman,City of North Miami Beach, 17011 NE in the Bid being deemed non-responsive. If the 19 Avenue, Room 315, North Miami Beach, Florida Contractor is deemed to not meet this requirement 33162. The name and address of the Bidder,the Bid, during the performance of the Work, the Contractor number,the date and hour of the Bid opening, and the shall be in default of the Contract Documents. Bid name shall be placed on the outside of the envelope. 1.8 ADDENDA C. The Bid Form may contain multiple line items and the call 47-"""1" about the meaning or intent of the nit Bidder shall provide prices for all line items and shall including any drawings,or specifications shall be directed in provide the price for the total Bid amount. Failure to writing and submitted by e-mail to the Procurement Division, Imclou origins on all fine iteems id well as the total Bid at bidsBtcitvnmb.com. Interpretation or clarifications e1 t !I remit in the Bid beta fonxmd ran- considered necessary by the City in response to such Blignakit questions will be issued by means of addenda. . I ji D. Bids must be submitted on the forms furnished. E-mated sole resoon slbillty of the Bidder b obgin all addenda The and facsimile bids will not be considered. Bids shaft be Procurement Division may issue an addendum in response dated and time stamped in Room 315 prior to bid to any inquiry received,prior b Bid opening,which changes, opening. Bidders shall have sole responsibility of adds to or clarifies the terms,provisions or requirements of Insuring delivery of bids on time and to the proper the solicitation. Only questions answered by written location. addenda are binding. Oral and other Interpretation or E. Bids will be publicly opened at the appointed time and carifcation s will be without legal effect.. Where there to place stated in the ITB and the names of the Bidders be a conflict between this Bid solicitation and any will be announced. The City at its sole option may read addenda,the last addendum issued shaft prevail. Bidders) the Bid prices. Late Bids wit not be opened. The City shall �Y �Addenda al9�9 is not responsible Let premature opening of a Bid if the addendum and g it with their Bid or signing the the Bid is not properly sealed,addressed and labeled. addenda form. Failure to Include signed Lanai Addenda or Bidders or their authorized agents are invited to be Addenda Form in Bid shah deem its Bid non- present at the Bid opening. Any additional information ,1___ 'that may waive this on the Bid Submittals will be made available in erect in i�best t accordance with Florida Statute 119.071,Paragraph(b) 1.9 REJECTION OF BIDS of subsection(1),item 2,as amended. A. The City reserves the right to reject any or a1 proposals F. Bidders requesting a copy of the bid tabulation shall prior to award. Reasonable efforts win be made to either include a stamped,self-addressed envelope. award the contract or reject all proposals within one hundred G. Bids should be submitted in duplicate. Submit one arx!twenty(1 20)calendar sifter Wye opening date. original aimed In blue ink and five copies at the original. B. UNBALANCED BIDS WILL BE REJECTED. The City Please include in your proposal package a CD or flash reserves the nigh to reiect any Bid where_ire itarrm oriclto is drive containing a PDF file of the entire original determined b be unbalanced. Such determination shin be subion• made at the sole discretion of the City. M Unbalanced Bid. H. The Bidder represents and warrants that the Bidder is which shin be detennlmed at sob discretion of the City. not In arrears to the City and is not a defaulter as a _ but is not invited b.oricira that is nit+consistent surety or otherwise upon any obligation to the City. In wifim ° in the industry or with market_camditions or a addition the Bidder warrants that the Bidder has not to the oridnsa submitted by other Bidders. An been declared "not responsible'or'disqualified' by or Unbalance Bid twicaAv purrs where the prices for one or debarred from doing business with any state or local more line items are loo low a price b coyer the actual cast government entity in the State of Florida, the Federal hi perform the ere excessive oft MI occur. and profit)or too Government or any other StateAocal governmental high a price where ex re profd win o entity in the United States of America, nor is there any C.My Bidder who, at the time of submission, is involved in proceeding pending pertaining to the Bidder's an ongoing bankruptcy as a debtor,or in a reorganization, responsibility or qualification to receive public liquidation, or dissolution proceeding, or if a trustee or agreements. The Bidder considers this warrant as receiver has been appointed over all or a substantial portion stated in this Article to be a continual obligation and of the property of the Bidder under federal bankruptcy law 7 or any state insolvency, the Bid may be declared non- prior to the award of a Contract. Bids will be considered responsive. Any Bidder who has filed a lawsuit against the only from firms which are regularly engaged in the City or where the City has filed a lawsuit or won a court business of providing the goods and/or services as judgment against a Bidder, such Bidder may be declared described in this Bid(s);meet the minimum qualifications non-responsible. as stated in Article 2.22;have a record of performance for 1.10 WITHDRAWAL OF BIDS a reasonable period of time;and have sufficient financial support,equipment and organization to ensure that they A. Bids may not be withdrawn and shall be deemed can satisfactorily delver the material and/or services if enforceable for a period of 120 days after the time set for awarded a Contract under the terms and conditions herein • the bid opening. stated.The terms"equipment and organization"as used B. Bids may be withdrawn prior to the time set for the bid herein shall be construed in mean a fully equipped best business ens Such request must be in writing and submitted to well established company in line with the best business opening• practices in the industry and as determined by the proper the Chief Procurement Officer. authorities of the City C. The City will permanently retain as liquidated damages the B. The City may consider any evidence available to it of the bid deposit furnished by any Bidder who requests to withdraw financial,technical and other qualifications and abilities cf a bid after the bid opening. a Bidder, including past performance (experience) in 1.11 LATE BIDS OR MODIFICATIONS making the award in the best interest of the City. In all cases the City of North Miami Beach shall have no liability Only Bids or Proposals received as of opening date and time to any contractor for any costa or expense barred in will be considered timely. Bids and modifications received connection with this bid or otherwise. after the time set for the bid opening will be rejected as late and considered non-responsive. 1.16 NOTICE REQUIREMENTS UNDER THE AGREEMENT 1.12 CONFUCTS WITHIN THE BID SOLICITATION AN notices required or permitted under the Agreement shall Where there appears to be a between the General be h writing and shall r deemed with return served ti Terms and Conditions, Special Conditions, Technical reliue td by Registered or onallyd Mai,with ief receipt Specifications, Bid Submittal Section, or any addendum maw'vi edNbelo PAY or with e l fax a rd issued,the order of precedence shell be as follows:The last rnai id In any case end fed asf with delivery of hard addendum issued, the General Terms and Conditions, the SPY.and in any addressed as follows: Special Conditions,the Technical Specifications,and the Bid To the City Submittal Section. 1.13 INVOICING/PAYMENT City of North Miami Beach Attention:Judean Johnson AN invoices should be sent to: City of North Miami Beach, Phone:305-948-2983 Finance Department, 17011 NE 19 Avenue,3'd Floor,North Fax 305-957-502 Miami Beach, Florida 33162. In accordance with Florida E-roar:Judeen.JohnsonOcitynmb.com State Statutes,Chapter 218,payment will be made within 45 and, days after receipt of services and a proper twice. The City To the Procurement Office: cannot make advance payments,make deposits In advance of receipt of goods,or pay C.O.D. Bidders should state any Joel Wasserman,CPPO payment recount in the space provided on the proposal Chief Procurement Officer form. Procurement Management Division 17011 NE 19th Avenue,Suite 315 1.14 DISCOUNTS North Miami Beach,FL 33162 A. Bidders may offer a cash discount for prompt payment Phone: (305)948-2946 however, such discourds shall NOT be considered in Fax:(305)957-3522 determining the lowest net cost for bid evaluation Email:bids tvnmb.com Bidders are encouraged to reflect cash To the City Aftorney: discounts in the unit prices quoted. Jose Smith B. In connection with any discount offered, time will be ityAAt or Y Avenue,Suite 416 computed from the date of receipt of supplies or services or from the date a correct invoice is received,whichever North Miami Beach,FL 33162 is the later date. Payment is deemed to be made on the Phone: 5)948-2939 date of mailing of the check. Fax: Email:Jose.smithOdtvnmb.com 1.15 COMPETENCY OF BIDDERS A. Pre-award inspection of the Bidder's facility may be made To the Contractor 8 E. Successful Bidder shall be notified in writing of award. (INTENIONALLY LEFT BLANK) F. Delivery of materials and/or services shall be performed upon receipt by successful Bidder of a numbered,signed purchase order. 1.19 BID PROTESTS Notices will be sent to the Contractor at the physical address, The City shall provide notice of its intent to award or reject to e-mail address and to the person listed in the Contractor's all Bidders by posting such notice on the City's website within proposal,as applicable. two (2) working days after the posted review committee Either party may at any time designate a different meeting. address and/or contact person by giving notice as provided The Bidder must file a notice of protest in writing to the Chief above to the other party.Such notices shall be deemed given Procurement Officer within three (3)working days after the upon receipt by the addressee. posting of the notice of the City's intent to award, and shall 1.17 EMPLOYEES file a formal written protest within five(5)working days after filing the notice of protest,which meets all of the requirements All employees of the Contractor shall be considered to be at stated below. The notice of protest must be either, hand- all tines the sole employees of the Contractor, under the delivered and date and time stamped by the Procurement Contractor's sole direction, and not employees or agents of Division, or sent via certified U.S. mail, return-receipt the City of North Miami Beach. The Contractor shall supply requested. Failure to file a protest within the time-frame competent and physically capable employees and the City is specified herein shall constitute a full waiver of all rights to authorized to require the Contractor to remove any employee protest the City's decision regarding the award of bid. it deems careless, incompetent, insubordinate or c +erwise A. The written protest shall state in detail the specific facts objectionable and whose presence on City property is not in and law or ordinance upon which the protest of the the best interest of the City. proposed award is based,and shall include all pertinent Each employee at all times shall have and display in documents and evidence. plain view proper identification. The names of the employee B. A written protest may not challenge the relative weight of and the company shall be displayed on the front of the evaluation criteria or a formula for assigning points. employee's shirt. 1.18 AWARD OF BID C. Only a Bidder whose bid is timely received and fully complies with all terms and conditions of the bid,and has Award will be made only to responsive and responsible, been deemed responsive may protest an award. Bidder(s) possessing the potential ability to perform D. Upon receipt of a formal written protest, the City may successfully under the terms and conditions of these stop award proceedings until resolution of the protest specifications. Consideration will be given to such matters as however,the award proceedings shall not be stopped if contractor integrity, compliance with public policy, record of the City Manager decides the award must continue past performance, references, and financial and technical without delay in order to avoid an immediate and serious resources. threat to the public health,safety,or welfare. A. The Review Committee will make a recommendation E. Any and all costs incurred by a protesting party in based upon the lowest responsive and responsible connection with a bid protest pursuant to this section Bidder(s)whose bid conforms to the Invitation for Bids and shall be the sole responsibility of the protesting party. is most advantageous to the City. If lowest fails to comply, then the second will be called upon,and so on. A protest shall be reviewed and evaluated administratively B. The City, in its sole discretion may award a contract to and a decision in writing shall be forwarded to the protesting more than one Bidder. firm. if the protesting firm does not agree with the administrative decision, they may appeal the decision in C. The City reserves the right to accept and award item by writing to the City Manager within five(5)working days.The item,and/or by group,or in the aggregate. notice of appeal must be either hand-delivered and date and D. One or more Contractors may be designated as approved time stamped by the City Manager's Office, or sent via certified U.S. mail, return-receipt requested to the City Primary or Secondary Vendor(s) for the delivery of Manager. decision and/or services from this contract nager. The desion of the City Manager,which shall be contract through the effective period of the award. In any situation where based solely on the documentation submitted as part of the e obtaining services from the Primary Vendor(s) is not in formal protest together with any information or the best interest of the city, or the vendor cannot deliver documentation obtained by the Chief ProcurementOfficerwill material and/or services within 24 hours of date required, be final and submitted with his/her recommendation to the City or on an emergency basis,staff may obtain services from Council if the award exceeds$50,000.00. the Secondary Vendor(s). Any person who files a formal written protest shall post with 9 the Chief Procurement Officer,at the time of filing the formal with such individual,corporation or entity. Such individual or written protest,a cashier's check made payable to the City of entity shall be responsible for all direct or indirect costs North Miami Beach in an amount equal to(one) 1%percent associated with termination or cancellation, including of the City's estimate of the total amount of the contract or attorney's fees. $5,000,whichever is less. Failure to submit the payment will 1.25 COLLUSION result in the reject of the protest as not being filed in a timely manner. The Bidder,by affixing his signature to this proposal,agrees If the decision of the City Manager or designee upholds the to the following: "Bidder certifies that his/her Bid is made action taken by the City, then the deposit becomes non- without previous understanding, agreement, or connection refundable and the City shall retain the deposit as payment with any person, firm or corporation, making a bid for the for a portion of the cost and expense,including but not limited same items, or the initiating City department, and is in all respects fair, without outside control, collusion, fraud, or to,time spent by City staff in responding to the protest and in otherwise illegal action." conducting the evaluation of the protest If the decision of the City Manager or designee does not uphold the action taken 1.26 MAINTAINING BID STATUS by the City, then the City shall return the amount of the To be retained on the active bidders list, Bidder MUST cashier's check without deduction, to the person or entity filing the protest. respond to this Invitation to Bid. To protect your status as an active bidder,please complete and return the last page of the 1.20 CONTRACT Bid Proposal Form indicating reason for"No Bid"at this time. A Contract shall be sent to the awarded bidder to be signed, Three (3) consecutive failures to respond to bid invitations witnessed, and returned to the City for execution. The City may result in removal from the bidders list. will provide a copy of the fully executed agreement to the 1.27 PUBLIC RECORDS LAW awarded bidder. Pursuant to Florida Statute 119.07, public records may be 1.21 DISQUALIFICATION OF BIDDERS inspected and examined by anyone desiring to do so, at a A Bidder may be disqualified temporarily or permanently and reasonable time, under reasonable conditions, and under his/her Bid(s)rejected for supervision by the custodian of the public record. Sealed Bids and Proposals become subject to this statute, A. Poor performance or default, in the City's opinion, on notwithstanding Bidders' or Proposers' requests to the previous contracts with the City. contrary,at the time the City provides notice of a decision or B. Poor performance or default, in the City's opinion, on intended decision,or 30 days after bid or proposal opening, whichever is earlier. previous contracts with other public entities. Financial statements submitted in response to a request by C. Insufficient financial or company size,in the City's opinion, to perform the requirements of the contract. the City are confidential,and exempt from disclosure. Data processing software obtained under a licensing agreement 1.22 SUBCONTRACTING which prohibits its disclosure is also exempt Unless otherwise specified in this Bid Solicitation, the Bidders are hereby notified and agree that all information successful Bidder shall not subcontract any portion of the submitted as part of, or in support of bid submittals will be work without the prior written consent of the City. The ability available for public inspection after opening of Bids in to subcontract may be further limited by the Special compliance with Chapter 119 of the Florida Statutes. The Conditions. Subcontracting without the prior consent of the Bidder shall not submit any information in response to this City may result in termination of the Contract for default. invitation which the Bidder considers to be a trade secret, 1.23 ASSIGNMENT proprietary or confidential. The submission of any information to the City in connection with this invitation shall The successful Bidder shall not assign,transfer,hypothecate, be deemed conclusively to be a waiver of any trade secret or or otherwise dispose of this Contract, including any rights, other protection, which would otherwise be available to the title or interest therein,or its power to execute such contract Bidder. In the event that the Bidder submits information to to any person, company or corporation without the prior the City in violation of this restriction, either inadvertently or written consent of the City and City's approval. intentionally and clearly identifies that information in the Bid 1.24 FRAUD AND MISREPRESENTATION as protected or confidential,the City shall endeavor to redact and return that information to the Bidder as quickly as In accordance with City Purchasing Policy 3.6 and pursuant possible,and if appropriate,evaluate the balance of the Bid. to Section 2-8-1.4 of the Miami-Dade County Code, any The redaction or return of information pursuant to this clause individual,corporation or other entity that attempts to meet its may render a Bid non-responsive. contractual obligations with the City through fraud, 1.28 REQUEST FOR PROPOSAL misrepresentation or material misstatement, may be debarred from doing business with the City. The City as Should these "General Conditions" be used in the further sanction may terminate or cancel any other contracts specifications for a Request for Proposal,every reference to 10 a Bid shall be and mean the same as proposal. contained in the initial award. Should the City add additional 1.29 INDEMNIFICATION AND HOLD HARMLESS line items the City shall do so through the Change Order AGREEMENT process. An Unbalanced Bid,includes,but is not limited to, pricing that is not consistent with pricing in the industry or The Contractor shall indemnify and hold harmless the City with market conditions and a comparison to the pricing its officers, employees, agents and instrumentalities from submitted by other Bidders. An Unbalanced Bid typically any and all liability,losses or damages,including attorney's occurs where the prices for one or more line items are too fees and costs of defense, which the City or its officers, low a price to cover the actual cost to perform the Work employees, agents, or instrumentalities may incur as a (including overhead and profit) or too high a price where result of claims, demands, suits, causes of actions or excessive profit will occur. proceedings of any kind or nature arising out of, relating to 1.33 DELIVERY,INSPECTION&TITLE or resulting from the performance of the agreement by the Contractor or its employees, agents, servants, partners, Prices quoted and deliveries are to be FOB Destination, principals or subcontractors. The Contractor shall pay all freight included,and unloaded, unless otherwise specified in claims and losses in connection therewith, and shall the Invitation for Bids, and made during regular business investigate and defend all claims, suits, or actions of any hours. Receipt shall not constitute acceptance. Inspection kind or nature in the name of the City, where applicable, and acceptance shall occur after delivery. Title to/or risk of including appellate proceedings, and shall pay all costs, loss or damage to all items shall be the responsibility of the judgments, and attorney's fees which may be incurred Contractor until acceptance by the City unless loss or thereon. The Contractor expressly understands and agrees damage results from negligence by the City. If the materials that any insurance protection required by this contract or or services supplied to the City are found to be defective or otherwise provided by the Contractor shall in no way limit to not conform to specifications,the City reserves the right to the responsibility to indemnify,keep and save harmless and cancel the order upon written notice to the Contractor and defend the City or its officers, employees, agents, and return product at Bidder's expense. Contractor is responsible instrumentalities as herein provided. The above for making all claims against carriers for damaged or missing indemnification provisions shall survive the expiration or items. termination of this contract. All deliveries shall be made in accordance with the 1.30 CONFLICT OF LAW manufacturer's requirements and instructions for the If and when this Contract is disputed, and should it be handling, delivery and storage of all equipment and necessary to litigate,the substantive and procedural laws of materials. Contractor must inspect all equipment and the State of Florida shall govern the outcome of such materials immediately ly prior to installation and and must not litigation. This shall apply notwithstanding such factors which install any damaged or defective items. include, but are not limited to, place where Contract is Where materials are transported in the performance of the entered into, place where accident arises and not Work, vehicles must not be loaded beyond the capacity withstanding application of conflicts of law principles. recommended by the vehicle manufacturer or permitted by 1.31 INTERPRETATION OF THE APPROXIMATE Federal,State or local law(s). When it is necessary to cross QUANTITIES curbing or sidewalks, protection against damage must be provided by the Contractor and any damaged curbing, The Bidder's attention is called to the fact that the estimate of drainage, grass areas, sidewalks or other areas must be quantities to be furnished under the specifications is repaired at the expense of the Contractor to the satisfaction approximate only and not guaranteed. The City does not of the Project Manager. assume any responsibility that the final quantities shall 134 WARRANTY remain in strict accordance with the estimated quantities,nor shall the Bidder plead misunderstanding or deception Unless otherwise specified in the Special Conditions, because of such estimate of quantities. Contractor shall provide a one year warranty covering 1.32 QUANTITIES services,equipment,parts,materials and labor. The City specifically reserves the right to accept all or any Where a manufacturer or supplier provides a warranty part of the bid,to split the award,to increase or decrease the greater than one year the Contractor shall provide the quantity to meet additional or reduced requirements of the manufacturer or format o warranty the the City. The Bidder City,without such change affecting the Contract unit price set should submit information on both the manufacturer's or forth in the proposal form by the Bidder. supplier's warranties, where applicable, with the bid proposal. All goods furnished shall be fully guaranteed by the Bidders must include a price for all line items unless the Bid successful Bidder against factory defects and workmanship Form states otherwise. The City reserves the right to reject and shall be fit for its intended purpose. unbalanced bids as non-responsive. At no expense to the City,the successful Bidder shall correct The City reserves the right, at its sole discretion to request any and all apparent and latent defects that may occur within price quotes for the Contractor for additional items not the manufacturer's standard warranty. The Special 11 Conditions of the Bid solicitation may supersede the standard commercial packaging. Any exceptions to this manufacturer's standard warranty. provision shall be detailed on the proposal page under 1.35 MODIFICATION OF CONTRACT exceptions to specifications. Returns and any equipment or materials that show use, rust, damage or have been in The Contract may be modified by mutual consent, in writing inventory for more than six (6) months shall not be through the issuance of a modification to the Contract, considered new. purchase order, change order or award sheet, as 1,38 SAMPLES appropriate. 1.36 MATERIAL SAFETY DATA SHEET(MSDS) Samples,when required, must be submitted within the time specified at no expense to the City. If not destroyed or used Under the terms of the Florida Right-to-Know Law(Chapter up during testing, samples will be returned upon request at 442,Florida Statutes),all suppliers of products deemed to be the Bidder's expense. Each individual sample must be toxic in substance, as indicated in the State of Florida labeled with Bidder's name and manufacturer's brand name Substance List,are required to submit a Material Safety Data and number. Sheet (MSDS) for each substance as a condition of the 1.39 PUBLIC ENTITY CRIMES award of the bid by the City. At a minimum the MSDS information shall include the A person or affiliate who has been placed on the convicted following information: vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or • The chemical name and the common name of the services to a public entity,may not submit a bid on a contract substance. with a public entity for the construction or repair of a public • The hazards or other risks in the use of the building or public work,may not submit bids on leases of real substance, including: property to a public entity, may not be awarded or perform o The potential for fire, explosion,corrosion,and work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact reaction; business with any public entity in excess of the threshold o The known acute and chronic health effects of amount provided in Florida Statutes, Section 287.017, for risks from exposure, including the medical CATEGORY TWO for a period of 36 months from the date of conditions which are generally recognized as being placed on the convicted vendor list being aggravated by exposure to the substance;and 1.40 DISCRIMINATION o The primary routes of entry and symptoms of Any entity or affiliate who has been determined by the City overexposure. to discriminate, blacklist or refuse to do business with any • The proper precautions, handling practices, person or company due to religions, race or national origin necessary personal protective equipment, and may not submit a bid on a contract to provide goods or other safety precautions in the use of or exposure services to the City, and may not submit bids on leases of to the substances, including appropriate real property to a public entity, may not award or perform emergency treatment in case of overexposure. work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact • The emergency procedure for spills,fire,disposal, business with any public entity. Bidder must complete the and first aid. attached Form BA, Blacklist Affidavit. Failure to complete • A description in lay terms of the known specific this form will result in the rejection of the Bid as non- potential health risks posed by the substance responsive. The City, in its sole discretion, may allow the intended to alert any person reading this Bidder to submit the Affidavit during the bid evaluation information. phase. • The year and month, if available, that the 1.41 DRUG-FREE WORKPLACE PROGRAM information was compiled and the name,address, and emergency telephone number of the Bidders are required to maintain and enforce a Drug-Free manufacturer responsible for preparing the Workplace Program for the duration of the agreement and information. any extensions thereof. Bidders shall complete and submit a copy of the attached form and a copy of the program with 1.37 CONDITION OF MATERIALS AND PACKAGING their bid. M equipment,materials,supplies,and components supplied 1.42 SOLICITATION, GIVING, AND ACCEPTANCE OF under this Bid must be new and unused, free from defects, GIFTS POLICY and shall be the latest manufacturer's models unless otherwise specified. No others will be accepted under the Bidder by signing and submitting its Bid the Bidder certifies terms and intent of this bid. All containers shall be new and that it understands and shall comply with the City's and suitable for storage or shipment, and Bid price shall include State's policies prohibiting solicitation and acceptance of gifts by public officers,employees,or candidates. 12 Failure to submit this signed form will result in the Bid being The City encourages its Departments and their staff to be declared non-responsive; provided, however, that the low innovative and demonstrate leadership by incorporating Bidder may be given the opportunity to submit the form to the progressive and best-practice sustainability specifications, City within five calendar days after notification by the City, if strategies and practices in procurement decisions. this is determined to be in the best interest of the City. Departments shall buy recycled and other environmentally 1.43 PURCHASING AGREEMENTS WITH OTHER preferable products whenever practicable. GOVERNMENTAL AGENCIES The City shall require its contractors and consultants to use It is hereby made part of this Invitation to Bid that the recycled and other environmentally preferable products submission of any bid response to this advertised request whenever practicable. constitutes a bid made under the same terms and The City shall promote the use of recycled and other conditions, for the same price, to other government environmentally preferable products by publicizing its agencies if agreeable by the Bidder and the government environmental purchasing policy and its implementation, agency. consistent with this policy. At the option of the vendor/Contractor, the use of the The City shall communicate its commitment to sustainable Contract resulting from this solicitation may be extended to procurement by modeling the best product and services other governmental agencies, including the State of choices to citizens, other public agencies and private Florida, its agencies, political subdivisions, counties, and municipalities. companies. Each governmental agency allowed by the The Purchasing Division will take the lead in including vendor/Contractor to use this contract shall do so environmentally preferable product specifications in bid independently of any other governmental entity. Each documents and district contracts,as appropriate. agency shall be responsible for its own purchases and The City shall aim to maximize the proportion of goods and shall be liable only for goods or services ordered,received, services that come from local providers with acceptable and accepted. No agency receives any liability by virtue of environmental practices,thereby reducing the environmental this bid and subsequent contract award impact of transportation wherever feasible and supporting a 1.44 ACCESS TO RECORDS sustainable local economy. The City reserves the right to require the Contractor to The City shall seek opportunities to pool purchases with submit to an audit. The Contractor shall provide access to others to enhance markets for environmentally preferable all of its records which relate directly or indirectly to the products, to obtain favorable prices, and to reduce waste Agreement at its place of business during regular business packaging,transportation,and product cost. hours. The Contractor shall retain all records pertaining to The City shall encourage and promote both local and national the Agreement and upon request make them available to companies to bring forward emerging and progressive the City for three years following expiration of the sustainable products and services, by being a consumer of Agreement. The Contractor agrees to provide such such products and companies. assistance as may be necessary to facilitate the review or RESPONSIBILITIES OF THE PURCHASING DIVISION audit by the City to ensure compliance with applicable accounting and financial standards at no cost to City. Preparing or revising bid documents and contract language 1.45 GREEN PROCUREMENT POLICY where necessary to implement this chapter; PURPOSE Researching opportunities for procurement of recycled and other environmentally preferable products and The purpose of this policy is to ensure that the City of North communicating these to appropriate county departments for Miami Beach departments purchase recycled and other evaluation and purchase; environmentally preferable products whenever the products meet the price and performance requirements of the City. Collecting data on purchases by departments of recycled and other environmentally preferable products;and The City recognizes that the products and services the City Preparing and submitting a report to the City Manager each buys have inherent social, human, health, environmental year by March 31,describing the progress of departments in and economic impacts; thus the City should make procurement decisions that consider the reduction of its implementation of the environmental purchasing policy, environmental footprint and promote practices that improve including the following elements: human health,and conserve natural resources. A. Quantities, costs and types of recycled and other POLICIES environmentally preferable products purchased; B. A summary of savings achieved through the purchase of GENERAL POLICIES recycled and other environmentally preferable products; C. A summary of program promotional efforts;and D. Recommendations for changes in procurement policies. 13 RESPONSIBILITIES OF DEPARTMENTS GREEN PURCHASING RESOURCES Assigning appropriate personnel to evaluate opportunities for The Procurement Division shall maintain and distribute to buying recycled and other environmentally preferable staff a list of resources and educational materials regarding products reflected in federal guidance or communicated by accessing and purchasing environmentally preferable Purchasing Division. products.Some of these resources include the following: Purchasing recycled and other environmentally preferable A. U.S. Communities Going Green Program is the one-stop products whenever practicable;and source for public agency access to a broad line of Seeking opportunities to pool purchases with others to responsible purchasing products, services and resources.eco- enhance markets for environmentally preferable products,to In addition to comprehensive ge agencies contracts wealth offer able obtain favorable prices, and to reduce waste packaging, friendly products, agencles will find a wealth of valuable obtain favorable and prices, and cost information and resources that will help lower the environmental impact within the community and will assist RULES AND REGULATIONS FOR PROCUREMENT OF in making educated decisions about the products an PAPER PRODUCTS agency purchases. http://www.gogreencommunities.org/ Departments shall buy recycled or other environmentally B. U.S. EPA Environmentally Preferable Purchasing (EPP): preferable paper whenever practicable. httpJlwww.epa.gov/epp/ Departments shall use recycled paper for all imprinted C. The Responsible Purchasing Network(RPN)is a national letterhead paper and business cards. network of procurement-related professionals dedicated to socially responsible and environmentally sustainable Departments shall publicize the city's use of recycled paper purchasing.http://www.responsiblepurchasing.org/ by including a recycling logo and an indication of recycled content on all printed material,to the extent practicable. D. ENERGY STAR is a joint program of the U.S. Departments shall use both sides of sheets of paper Environmental Protection Agency and the U.S.Department whenever practicable. of Energy helping to save money and protect the environment through energy efficient products and Departments shall require all contractors or consultants practices. http//www.energystar.gov/ submitting proposals to use recycled paper and use both E. Electronic Product Environmental Assessment Tool sides of sheets of paper whenever practicable. (EPEAT)is a system to help purchasers in the public and RULES AND REGULATIONS FOR PROCUREMENT OF private sectors evaluate, compare and select desktop LUBRICATING AND FUEL OILS computers, notebooks and monitors based on their Departments shall purchase environmentally preferable oils environmental attributes.http://www.epeatnet whenever practicable. ANNUAL REVIEW OF POLICY When departments specify re-refined lubricating oil in The City shall annually review its Green Procurement Policy procurements,they shall purchase re-refined oil if the price is to evaluate the following: its effectiveness, savings, no more than ten percent higher than the price of non-re- potential changes, and expansion of policy to reflect refined oil. national trends and best practices. DEFINITIONS 1.46 INSURANCE REQUIREMENTS Environmentally Preferable Product: A product that has a The Contractor shall maintain and carry in full force during reduced negative effect or increased positive effect on the Term the insurance required herein. Upon City's human health and the environment when compared with notification,the Contractor shall furnish to the Procurement competing products that serve the same purpose. This Management Division, Certificates of Insurance that comparison may consider raw materials acquisition, indicate that insurance coverage has been obtained which production, fabrication, manufacturing, packaging, meets the requirements as outlined below: distribution,reuse,operation,maintenance,and disposal of 1.Worker's Compensation Insurance for all employees of the product. This term includes, but is not limited to, the Contractor as required by Florida Statute 440. Should recyclable products, recycled products, and reusable the Contractor be exempt from this Statute,the Contractor products. and each employee shall hold the City harmless from any EXEMPTIONS injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement Nothing in this policy shall be construed as requiring a department or contractor to procure products that do not detailing the number of employees and that they are not perform adequately for their intended end use or are not required to carry Worker's Compensation insurance, and do not anticipate hiring any additional employees at a reasonable price in a reasonable period employees during the term of this contract or a copy of a Certificate of time. Exemption. 14 2.Generai Liability Insurance on a comprehensive basis in comply,the Contractor shall be in default of the contractual an amount not less than $1,000,000 per person, terms and conditions and award of the Contract will be $2,000,000 per occurrence for bodily injury and property rescinded,unless such time frame for submission has been damage. City of North Miami Beach must be shown extended by the City. as an additional insured with respect to this coverage. The mailing address of City of North Miami The Contractor shall be responsible for assuring that the certificates Beach 17011 NE 19 Avenue, Suite 315, North Miami insurance required in conjunction with this Beach, Florida 33162, as the certificate holder, must Section remain in force for the duration of the contractual appear on the certificate of insurance. period of the Contract,including any and all option years or extension periods that may be granted by the City. If 3.Automobile Liability Insurance covering all owned, insurance certificates are scheduled to expire during the non-owned, and hired vehicles used in connection with contractual period, the Contractor shall be responsible for the Services,in an amount not less than$1,000,000 per submitting new or renewed insurance certificates to the City person and $2,000,000 per occurrence. City of North at a minimum of thirty(30)calendar days in advance of such Miami Beach must be shown as an additional insured expiration. In the event that expired certificates are not with respect to this coverage. The mailing address of replaced with new or renewed certificates which cover the City of North Miami Beach 17011 NE 19 Avenue,Suits contractual period,the City shah suspend the Contract until 315, North Miami Beach, Florida 33162, as the such time as the new or renewed certificates are received certificate holder, must appear on the certificate of by the City in the manner prescribed herein; provided, insurance. however,that this suspended period does not exceed thirty calendar The insurance coverage required shall indude those (30) days. Thereafter, the City may, at its sob farminafe classifications, as listed in standard liability insurance dam' thin contract. manuals, which most nearly reflect the operation of the 1.47 CITY WEBSITE Contractor. All insurance policies required above shall be issued by companies authorized to do business under the Bids,addenda,bid tabulations, lists of pre-bid conferences laws of the State of Florida with the following qualifications: attendees surd other information is available on the Procurement Management Division's Bid's&RFP's'page, The company must be rated no less than B" as to which can be found at www.citvnmb.com/aurchasinq. management, and no less than "Class V" as to financial 1.48 DISCLAIMER strength,according to the latest edition of Bests Insurance Guide published by A.M. Best Company, Oldwidc, New The City of North Miami Beach may,in its sole and absolute Jersey,or its equivalent,subject to the approval of the City's discretion, accept or reject, in whole or in part, for any Risk Management Division. reason whatsoever any or all Bids; re-advertise this Bid; Certificates of Insurance must indicate that for any postpone or cancel at any time this Bid process;or, waive cancellation of coverage before the expiration date,the any formalities of or irregularities in the bidding process. Issuing insurance carder will endeavor to mail thirty Bids that are not submitted on time and/or do not conform (30)day written advance notice to the certificate holder. to the City of North Miami Beach's requirements will not be In addition,the Contractor hereby agrees not to modify considered. After all bids are analyzed,opinion of the City) the insurance coverage without thirty(30)days written submitting bids that appear,solely in the opinion of the Cit advance notice to the City. of North Miami Beach,to be the most competitive,shall be submitted to the City of North Miami Beach's City Council, NOTE: CITY OF NORTH MIAMI BEACH CONTRACT and the final selection will be made shortly thereafter with a NUMBER AND TITLE MUST APPEAR ON timetable set solely by the City of North Miami Beach.The EACH CERTIFICATE OF INSURANCE. selection by the City of North Miami Beach shall be based Compliance with the foregoing requirements shall not on the bid,which is, in the sole opinion of the City Council relieve the Contractor of this liability and obligation under of the City of North Miami Beach, in the best interest of the this section or under any other section in the Agreement. City of North Miami Beach. The issuance of this bid constitutes only an invitation to make presentations to the Award of this Contract is contingent upon the receipt of the City of North Miami Beach.The City of North Miami Beach insurance documents, as required, within fifteen (15) reserves the right to determine, at its sole discretion, the calendar days after City notification to Contractor to comply lowest responsive and responsible Bidder. In all cases the before the award is made. If the insurance certificate is City of North Miami Beach shall have no liability to any received within the specified time frame but not in the contractor for any costs or expense incurred in connection manner prescribed in the Agreement, the Contractor shall with this bid or otherwise. be verbally notified of such deficiency and shall have an 1.49 ORDER OF PRECEDENCE additional five(5)calendar days to submit certificate to the City. If the Contractor fails to submit the required insurance If there is a conflict between or among the provisions documents in the manner prescribed in the Agreement of the Agreement, the order of precedence is as follows: within twenty (20) calendar days after City notification to A.Change orders 15 B. Last addendum issued Contract. All Work and Services shall be accomplished at C. General Terms and Conditions the direction of and to the satisfaction of the City's Project D. Special Conditions Manager. E. Technical Specifications The Contractor acknowledges that the City shall be F. Contractor's Bid Response responsible for making all policy decisions regarding the Scope of Services. The Contractor agrees to provide input If there is a conflict between the drawing and specifications, on policy issues in the form of recommendations. the order of precedence is as follows: The Contractor agrees to implement any and all changes in A. Scope of Work and Specifications govern over Plans and providing Services hereunder as a result of a policy change Drawings. implemented by the City. The Contractor agrees to act in B. Schedules, when identified as such will govern over all an expeditious and fiscally sound manner in providing the other portions of the Plans City with input regarding the time and cost to implement said C. Specific notes will govern over all other notes, and all changes and in executing the activities required to other portions of the Plans, unless specifically stated implement said changes. otherwise 1.51 PAYMENT FOR SERVICES/AMOUNT OBLIGATED D. Larger scale drawings will govern over smaller scale The Contractor warrants that it has reviewed the City's drawings requirements and has asked such questions and conducted E. Figured or numerical dimensions will govern over such other inquiries as the Contractor deemed necessary in dimensions obtained by scaling order to determine the price the Contractor will charge to F. Where provisions of codes, manufacturer's provide the Work and Services to be performed under this specifications or industry standards are in conflict, the Contract. The compensation for all Work and Services more restrictive,strict,or higher quality will govern performed under this Contract, including all costs associated with such Work and Services,shall be in the total 1.50 NATURE OF THE AGREEMENT amount submitted on the Bid Form. The City shall have no The Agreement incorporates and includes all negotiations, obligation to pay the Contractor any additional sum(s) in correspondence, conversations, agreements, and excess of this amount, except for a change and/or understandings applicable to the matters contained in the modification to the Contract which is approved and Agreement. The parties agree that there are no executed in writing by the City and the Contractor. commitments, agreements, or understandings concerning All Services undertaken by the Contractor before City's the subject matter of the Agreement that are not contained approval of this Contract shall be at the Contractor's risk and in the Agreement, and that the Agreement contains the expense. entire agreement between the parties as to all matters contained herein. Accordingly,it is agreed that no deviation 1.52 PRICING from the terms hereof shall be predicated upon any prior Prices shall remain firm and fixed for the term of the representations or agreements,whether oral or written. It is Contract unless otherwise stated in the ITB, including any further agreed that any oral representations or modifications option or extension periods; however, the Contractor may concerning the Agreement shall be of no force or effect,and offer incentive discounts to the City at any time during the that the Agreement may be modified, altered or amended Contract term, including any renewal or extension thereof. only by a written amendment duly executed by both parties hereto or their authorized representatives. 1.53 MANNER OF PERFORMANCE The Contractor shall provide the services set forth in the A. The Contractor shall provide the Services described Scope of Services, and render full and prompt cooperation herein in a competent and professional manner with the City in all aspects of the Services performed satisfactory to the City in accordance with the terms and hereunder. conditions of the Agreement. The City shall be entitled The Contractor acknowledges that the Agreement requires to a satisfactory performance of all Services described the performance of all things necessary for or incidental to herein and to full and prompt cooperation by the the effective and complete performance of all Work and Contractor in all aspects of the Services. At the request Services under this Contract. All things not expressly of the City, the Contractor shall promptly remove from mentioned in the Agreement but necessary to carrying out the project any Contractor's employee,subcontractor,or its intent are required by the Agreement,and the Contractor any other person performing Services hereunder. The shall perform the same as though they were specifically Contractor agrees that such removal of any of its mentioned,described and delineated. employees does not require the termination or demotion of any employee by the Contractor. The Contractor shall furnish all labor, materials, tools, B. The Contractor agrees that at all times it will employ, supplies,and other items required to perform the Work and g p y, Services that are necessary for the completion of this maintain and assign to the performance of the Services 16 a sufficient number of competent and qualified conditions, and claims for damages, compensation and professionals and other personnel to meet the losses shall be the responsibility of the Chief Procurement requirements to Which reference is hereinafter made. Officer for the City. The Contractor agrees to adjust its personnel staffing C. The Contractor shall be bound by all determinations or levels or to replace any of its personnel upon reasonable orders and shall promptly obey and follow every order of request from the City, should the City make a the Project Manager, including the withdrawal or determination, in its sole discretion that said personnel modification of any previous order and regardless of staffing is inappropriate or that any individual is not performing in a manner consistent with the requirements whether the Contractor agrees with the Project Manager's for such a position. determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as C. The Contractor warrants and represents that its soon thereafter as is practicable. personnel have the proper skill, training, background, D. The Project Manager shall not be responsible for knowledge, experience, rights, authorizations, integrity, construction means, methods,techniques,sequences or character and licenses as necessary to perform the Services described herein, in a competent and procedures, or for safety precautions and programs in professional manner. connection with the Work,and will not be responsible for the Contractor's failure to carry out the Work in D. The Contractor shall at all times cooperate with the City accordance with the Contract Documents. The Project and coordinate its respective work efforts to most Manager shall not be responsible for the acts or effectively and efficiently maintain the progress in omissions of the Contractor,any Subcontractor,or any of performing the Services. its agents, employees, or any other persons performing E. The Contractor shall comply with all provisions of all any of the Work. federal, state and local laws, statutes, ordinances, and 1.56 CLAIMS/DISPUTES regulations that are applicable to the performance of the A. The Contractor must,in the final instance,seek to resolve Agreement. every difference concerning the Agreement with the 1.54 INDEPENDENT CONTRACTOR RELATIONSHIP Project Manager. In the event that the Contractor and the The Contractor is, and shall be, in the performance of all Project Manager are unable to resolve their difference, work services and activities under the Agreement, an the Contractor may initiate a dispute in accordance with independent contractor, and not an employee, agent or the procedures set forth in the section below. Exhaustion servant of the City. All persons engaged in any of the work of these procedures shall be a condition precedent to any or services performed pursuant to the Agreement shall at all lawsuit permitted hereunder. times, and in all places, be subject to the Contractor's sole B. In the event of such dispute,the parties to the Agreement direction, supervision and control. The Contractor shall authorize the City Manager or designee,who may not be exercise control over the means and manner in which it and the Project Manager or anyone associated with this its employees perform the work, and in all respects the Project, acting personally,to decide all questions arising Contractor's relationship and the relationship of its out of, under,or in connection with,or in any way related employees to the City shall be that of an independent to or on account of the Agreement (including but not contractor and not as employees and agents of the City. limited to claims in the nature of breach of contract,fraud The Contractor does not have the power or authority to bind or misrepresentation arising either before or subsequent the City in to execution hereof)and the decision of each with respect y' any promise, agreement or representation other to matters within the City Manager's purview as set forth than specifically provided for in the Agreement. above shall be conclusive, final and binding on parties. 1.55 AUTHORITY OF THE CITY'S PROJECT MANAGER Any such dispute shall be brought,if at all,before the City A. The Contractor hereby acknowledges that the City's Manager within 10 days of the occurrence, event or act out of which the dispute arises. Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, The City Manager may base this decision on such or in connection with, or in any way related to or on assistance as may be desirable, including advice of account of, the Agreement including without limitations: experts, but in any event shall base the decision on an interpretation of the Scope of Work; questions as to the independent and objective determination of whether value, acceptability and fitness of the Services;. The Contractor's performance or any Deliverable meets the Project Manager may delegate some of his/her requirements of the Agreement and any specifications responsibilities in writing to the Consultant. with respect thereto set forth herein. The effect of any B. Questions as to either party's fulfillment of its obligations decision shall not be impaired or waived by any under the Contract; negligence, fraud or negotiations or settlements or offers made in connection misrepresentation before or subsequent to acceptance of with the dispute, whether or not the City Manager the Bid or Work; interpretation of the Contract terms and participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review,or 17 by any termination or cancellation of the Agreement. All 1.58 AUDITS such disputes shall be submitted in writing by the The City, or its duly authorized representatives or Contractor to the City Manager for a decision, together with all evidence and other pertinent information in regard governmental agencies shall,until the expiration of three(3) to such questions, in order that a fair and impartial years after the expiration of the Agreement and any decision may be made. The parties agree that whenever extension thereof, have access to and the right to examine the City Manager is entitled to exercise discretion or and reproduce any of the Contractor's books, documents, judgment or to make a determination or form an opinion papers and records and those of its subcontractors and pursuant to the provisions of this Article,such action shall suppliers which apply to all matters of the City as needed. be deemed fair and impartial when exercised or taken. Such records shall conform to Generally Accepted The City Manager shall render a decision in writing and Accounting Principles requirements, as applicable, and deliver a copy of the same to the Contractor. Except as shall only address those transactions related to the such remedies may be limited or waived elsewhere in the Agreement. Agreement, Contractor reserves the right to pursue any The Contractor agrees to grant access to the City's Auditor remedies available under law after exhausting the to all financial and performance-related records, property, provisions of this Article. and equipment purchased in whole or in part with Contractor must continue to perform all Work under the government funds. The Contractor agrees to maintain an Contract during all disputes or disagreements with Town, accounting system that provides accounting records that including disputes or disagreements concerning a request are supported with adequate documentation,and adequate for a Change Order and Work must not be delayed or procedures for determining the allowability and allocability postponed pending resolution of any disputes or of costs. disagreements without the prior written approval of the 1.59 SUBSTITUTION OF PERSONNEL Project Manager. In the event the Contractor wishes to substitute personnel 1.56 MUTUAL OBLIGATIONS for the key personnel identified by the Contractor's A. The Agreement, including attachments and appendices Proposal, the Contractor must notify the City in writing and to the Agreement, shall constitute the entire Agreement request written approval for the substitution at least ten(10) between the parties with respect hereto and supersedes business days prior to effecting such substitution. all previous communications and representations or 1.60 SUBCONTRACTUAL RELATIONS agreements,whether written or oral,with respect to the subject matter hereto unless acknowledged in writing by A. If the Contractor will cause any part of the Agreement to the duly authorized representatives of both parties. be performed by a subcontractor, the provisions of this Contract will apply to such subcontractor and its officers, B. Nothing in the Agreement shall be construed for the agents and employees in all respects as if it and they were benefit, intended or otherwise, of any third party that is employees of the Contractor; and the Contractor will not not a parent or subsidiary of a party or otherwise related be in any manner thereby discharged from its obligations (by virtue of ownership control or statutory control)to a and liabilities hereunder, but will be liable hereunder for party all acts and negligence of the subcontractor, its officers, C. In those situations where the Agreement imposes an agents,and employees,as if they were employees of the indemnity or defense obligation on the Contractor, the Contractor. The services performed by the subcontractor will be subject to the provisions hereof as if performed may, at its expense, elect to participate in the rmed defense if the City should so choose. Furthermore, the directly by the Contractor. City may at its own expense defend or settle any such B. The Contractor, before making any subcontract for any claims if the Contractor fails to diligently defend such portion of the services,will state in writing to the City the claims, and thereafter seek indemnity for costs and name of the proposed subcontractor, the portion of the attorneys fees from the Contractor. Services which the subcontractor is to do, the place of 1.57 QUALITY ASSURANCE/QUALITY ASSURANCE business of such subcontractor, and such other RECORD KEEPING information as the City may require.The City will have the right to require the Contractor not to award any The Contractor shall maintain, and shall require that its subcontract to a person, firm or corporation disapproved subcontractors and suppliers maintain, complete and by the City. accurate records to substantiate compliance with the C. Before entering into any subcontract hereunder, the requirements set forth in the Scope of Services. The Contractor will inform the subcontractor fully and Contractor and its subcontractors and suppliers shall retain completely of all provisions and requirements of the such records, and all other documents relevant to the Agreement relating either directly or indirectly to the Services furnished under the Agreement for a period of Services to be performed. Such Services performed by three (3) years from the expiration date of the Agreement and any extension thereof. such subcontractor will strictly comply with the requirements of this Contract. 18 D. In order to qualify as a subcontractor satisfactory to the presented,the City shall not be responsible for conclusions City,in addition to the other requirements herein provided, to be drawn there from,and any assumptions,parameters, the subcontractor must be prepared to prove to the projections, estimates and explanations shall not form the satisfaction of the City that it has the necessary facilities, basis of any claim by the Contractor. The Contractor skill and experience, and ample financial resources to accepts all risks associated with using this information. perform the Services in a satisfactory manner. To be 1.62 SEVERABILITY considered skilled and experienced, the subcontractor must show to the satisfaction of the City that it has If the Agreement contains any provision found to be satisfactorily performed services of the same general type unlawful,the same shall be deemed to be of no effect and which is required to be performed under the Agreement shall be deemed stricken from the Agreement without E. The City shall have the right to withdraw its consent to a affecting the binding force of the Agreement as it shall subcontract if it appears to the City that the subcontract remain after omitting such provision. will delay, prevent, or otherwise impair the performance 1.63 TERMINATION FOR CONVENIENCE AND of the Contractor's obligations under the Agreement.All SUSPENSION OF WORK subcontractors are required to protect the confidentiality A. The City may terminate the Agreement if an individual or of the City and City's proprietary and confidential corporation or other entity attempts to meet its information.Contractor shall furnish to the City copies of contractual obligation with the City through fraud, all subcontracts between Contractor and subcontractors misrepresentation or material misstatement and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting B. The City may, as a further sanction,terminate or cancel the City to request completion of performance by the any other contract(s)that such individual or corporation or subcontractor of its obligations under the subcontract, in other entity has with the City.Such individual,corporation the event the City finds the Contractor in breach of its or other entity shall be responsible for all direct and obligations, and the option to pay the subcontractor indirect costs associated with such termination or directly for the performance by such subcontractor. cancellation,including attorney's fees. Notwithstanding, the foregoing shall neither convey nor C. Contractor acknowledges and agrees that ten dollars imply any obligation or liability on the part of the City to any subcontractor hereunder as more fully described ($10.00)of the compensation to be paid by the City, the herein, receipt and adequacy of which is hereby acknowledged by Contractor is given specific consideration to Contractor F. Contractor is solely responsible for all acts and omissions for City's right to terminate this Agreement for of its Subcontractors. Nothing in the Contract Documents convenience. creates any contractual relationship between any Subcontractor and the City. Contractor is responsible for D. The City, through its City Manager, and for its the timely payment of its Subcontractors and suppliers as convenience and without cause,terminate the Contract at required by Florida Statute Chapter 218.735. Failure to any time during the term by giving written notice to comply with these payment requirements will place the nt of such termination; which shall become Contractor in default of the Contract effective within fifteen (15)days following receipt by the Contractor of such notice. If the Contract is terminated for G.Contractor shall utilize the Subcontractors identified in its convenience by the City,the Contractor shall be paid for Bid and shall not replace, add or substitute any any services satisfactorily performed up to the date of Subcontractors without the prior written approval of the termination;following which the City shall be discharged Project Manager. from any and all liabilities, duties,and terms arising out, H. Bidders that will be using a temporary labor company to or by virtue of,this Contract. provide staffing for the Project must complete Altachment E. The foregoing notwithstanding, any individual, and indude it with the Bid Submittal. Failure include corporation or other entity which attempts to meet its this form may result in the Bid Submittal being rejected as contractual obligations with the City through fraud, non-responsive• misrepresentation or material misstatement may be 1.61 ASSUMPTION,PARAMETERS,PROJECTIONS, debarred from City contracting in accordance with the City ESTIMATES AND EXPLANATIONS debarment procedures. The Contractor may be subject to debarment for failure to perform and all other reasons The Contractor understands and agrees that any set forth in Chapter 3 of the City's Purchasing Policies and assumptions, parameters, projections, estimates and Procedures Manual. explanations presented by the City were provided to the Contractor for evaluation purposes only. However, since In addition to cancellation or termination as otherwise these assumptions,parameters,projections,estimates and provided in the Agreement,the City may at any time,in its explanations represent predictions of future events,the City sole discretion, with or without cause, terminate the makes no representations or guarantees,the City shall not Agreement by written notice to the Contractor and in such be responsible for the accuracy of the assumptions event 19 F. The Contractor shall, upon receipt of such notice, unless 7.The Contractor has failed in the representation of any otherwise directed by the City. warranties stated herein. 1. Stop work on the date specified in the notice ("the B. When,in the opinion of the City,reasonable Effective Termination Date"); grounds for uncertainty exist with respect to the Contractor's 2. Take such action as may be necessary for the protection ability to perform the Services or any portion.thereof, the and preservation of the City's materials and property; City may request that the Contractor,within the time frame set forth in the City's request,provide adequate assurances 3. Cancel orders; to the City,in writing,of the Contractor's ability to perform in 4. Assign to the City and deliver to any location designated accordance with terms of the Agreement Until the City receives such assurances the City may request an by the City any non-cancelable orders for Deliverables adjustment to the compensation received by the Contractor that are not capable of use except in the performance of the Agreement and which have been specifically for portions of the Services which the Contractor has not developed for the sole purpose of the Agreement and not performed. In the event that the Contractor fails to provide incorporated in the Services; to the City the requested assurances within the prescribed time frame,the City may 5. Take no action which will increase the amounts payable 1.Treat such failure as a repudiation of the Agreement by the City under the Agreement G. In the event that the City exercises its right to terminate 2.Resort to any remedy for breath provided herein or at law, the Agreement pursuant to this Article the Contractor will the Services es or any par to,taking over the performance h be compensated as stated in the payment Articles,herein, the Services or any part thereof either by itself or through ° ' for the: 1. Portion of the Services completed in accordance with the C. In the event the City shall terminate the Agreement for Agreement up to the Effective Termination Date;and default, the City or its designated representatives may immediately take possession of all applicable equipment, 2. Non-cancelable Deliverables that are not capable of use materials,products,docrumentation,reports and data. except in the performance of the Agreement and which 1.65 REMEDIES IN THE EVENT OF DEFAULT have been specifically developed for the sole purpose of the Agreement but not incorporated in the Services. If an Event of Default occurs,the Contractor shad be liable H. All compensation pursuant to this Article is subject to for al damages resulting from the default,including but not audit. limited to: 1.64 EVENT OF DEFAULT • k Lost revenues; of the Agreement A An Event of Default shall mean a breath of The difference between the cost associated with by the Contractor. Without limiting the generality of the procuring Services hereunder and the amount aduedly foregoing and in addition to those instances referred to nt nd the City for procurement of Services;including herein as a breach, an Event of Default, shall include the procurement and administrative costs;and, following: C. Such other direct damages. 1.The Contractor has riot delivered Deliverables on a timely The'Contractor shall also remain liable for any liabilities and basis; claims related to the Contractor's default The City may also 2.The Contractor has refused or failed,except in any case for bring any suit or for or for an injunction. which an extension of time is provided, to supply enough properly skilled staff personnel; 1.66 PATENT AND COPYRIGHT 3.The Contractor has failed to make prompt payment to A. The Contractor warrants that all Deliverables furnished subcontractors or suppliers for any Services; hereunder,including but not l mited to:services,equipment 4.The Contractor has become insolvent (other than as programs,documentation,software,analyses,applications, interdicted by the bankruptcy laws), or has assigned the methods, ways, processes, and the like, do not infringe proceeds received for the benefit of the Contractors upon or violate any patent,copyrights,service marks,trade creditors, or the Contractor has taken advantage of any secret,or any other third party proprietary rights. insolvency statute or debtor/creditor law or if the B. The Contractor shall be liable and responsthle for any Contractor's affairs have been put in the hands of a receiver, and all claims made against the City for infringement of 5.The Contractor has failed to obtain the approval of the City patents, copyrights, service marks, trade secrets or any where required by the Agreement; other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, 6.The Contractor has failed to provide"adequate assurances" applications,methods,ways,processes,and the like,in the as required under subsection"B"below;and course of performance or completion of, or in any way 20 connected with,the Work,or the City's continued use of the be provided in .pdf format or another format acceptable to Work, including and equipment, parts and materials the City. Any payments due the Contractor will not be made furnished hereunder until the City receives the public records. C. In the event any Deliverable or anything provided to the The Contractor acknowledges that all computer software in City hereunder,or a portion thereof is held to constitute an the City's possession may constitute or contain information infringement and its use is or may be enjoined, the or materials which the City has agreed to protect as Contractor shall have the obligation,at the City's option,to proprietary information from disclosure or unauthorized use (i) modify, or require that the applicable subcontractor or and may also constitute or contain information or materials supplier modify, the alleged infringing item(s) at the which the City has developed at its own expense, the Contractor's expense, without impairing in any respect the disclosure of which could harm the City's proprietary interest functionality or performance of the item(s),or(ii)procure for therein. the City, at the Contractor's expense, the rights provided under the Agreement to use the item(s). During the term of the contract,the Contractor will not use directly or indirectly for itself or for others, or publish or D. The Contractor shall be solely responsible for determining disclose to any third party, or remove from the City's and informing the City whether a prospective supplier or property, any computer programs, data compilations, or subcontractor is a party to any litigation involving patent or other software which the City has developed,has used or is copyright infringement, service mark, trademark, violation, using, is holding for use, or which are otherwise in the or proprietary rights claims or is subject to any injunction possession of the City(hereinafter-Computer Software'). which may prohibit it from providing any Deliverable All third-party license agreements must also be honored by hereunder. The Contractor shall enter into agreements with the contractors and their employees,except as authorized all suppliers and subcontractors at the Contractor's own by the City and,If the Computer Software has been leased risk. The City may reject any Deliverable that it believes to or purchased by the City,all third party license agreements be the subject of any such litigation or injunction,or if,in the must also be honored by the Contractors' employees with City's judgment, use thereof would delay the Work or be the approval of the lessor or Contractors thereof. This unlawful. includes mainframe, minis, telecommunications, personal E. The Contractor shall not infringe any copyright, computers and any and all information technology software. trademark, service mark, trade secrets, patent rights, or The Contractor will report to the City any information other intellectual property rights in the performance of the discovered or which is disclosed to the Contractor which Work. may relate to the improper use, publication, disclosure or 1.67 PUBLIC RECORDS removal from the City's property of any information technology software and hardware and will take such steps As a political subdivision,the City of North Miami Beach is as are within the Contractor's authority to prevent improper subject to the Florida Sunshine Act and Public Records use,disclosure or removal. Law.By submitting a Bid,Contractor acknowledges that the 1.68 PROPRIETARY INFORMATION materials submitted with the Bid and the results of the City of North Miami Beach's documents and records are open to A. The Contractor hereby adcnowledges and agrees that the public inspection upon proper request. Contractor should City retains all rights, title and interests in and to all take special note of this as it relates to proprietary materials, data, documentation and copies thereof information that might be included in its Bid or submitted furnished by the City to the Contractor hereunder or under the Contract. Certain documentation, such as the furnished by the Contractor to the City and/or created by Bidder'sss financial, computer software, copyrighted or the Contractor for delivery to the City,even if unfinished or patented items are exempt from the Public Records Law. in process, as a resuft of the Services the Contractor The Contractor must comply with the applicable provisions performs in connection with the Agreement, including all copyright and other proprietary of Chapter 119,Florida Statutes and City will have the right Contractor as well as its employees,hints,subcontractors to to immediately terminate this Contract for the refusal by the and suppliers may use only in connection with the Contractor to comply with Chapter 119, Florida Statutes. The Contractor must retain all other records associated with performance of Services under the Agreement. The Contractor shall Contract for a period of five (5)years from the date of Contraor shall not,Without the prior written consent of the termination. City,use such documentation on any other project in which the Contractor or its employees,agents,subcontractors or Upon termination by the City or final completion of the suppliers are or may become engaged. Submission or Contract the Contractor must, in accordance with Section distribution by the Contractor to meet official regulatory 119.0701 of the Florida Statutes,transfer to the City,at no requirements or for other purposes in connection with the cost,all public records in possession of the Contractor and performance of Services under the Agreement shall not be destroy any duplicate public records that are exempt or construed as publication in derogation of the City's confidential and exempt from public records disclosure copyrights or other proprietary rights. requirements. MI public record stored electronically must 21 B. All rights, title and interest in and to certain inventions, the City or any person or agency acting for the City ideas, designs and methods, specifications and other competing or applying for any such contract as it pertains documentation related thereto developed by the Contractor to this solicitation, must first request a conflict of interest and its subcontractors specifically for the City, hereinafter opinion from the County's Ethic Commission prior to their referred to as"Developed Works"shall become the property or their immediate family member's entering into any of the City. contract or transacting any business through a firm, C. Accordingly, neither the Contractor nor its employees, corporation, partnership or business entity,in which the agents, subcontractors or suppliers shall have any employee or any member of the employee's immediate proprietary interest in such Developed Works. The family has a controlling financial interest, direct or indirect,with the City of North Miami Beach or any person Developed Works may not be utilized, reproduced or or agency acting for the City and that any such contract, distributed by or on behalf of the Contractor, or any employee,agent subcontractor or supplier thereof,without agreement or business engagement entered in violation d the prior written consent of the City, except as required for Agreement this subsection,ection, as amended, shell all rendeer the the Contractor's performance hereunder. A voidable. For additional information, please contact the Ethics Commission hotline at(305)579-2593. D. Except as otherwise provided in subsections a, b, and c 1.70 LOCAL, STATE, AND FEDERAL COMPLIANCE above, or elsewhere herein, the Contractor and its REQUIREMENTS subcontractors and suppliers hereunder shall retain all proprietary rights in and to all licensed software provided Contractor agrees to comply, subject to applicable hereunder, that have not been customized to satisfy the professional standards, with the provisions of any and all performance criteria set forth in the Scope of Services, applicable Federal,State,County and City orders,statutes, Notwithstanding the foregoing, the Contractor hereby ordinances, rules and regulations which may pertain to the grants, and shall require that its subcontractors and Services required under the Agreement, including but not suppliers grant, if the City so desires, a perpetual, limited to: irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or Equal Employment Opportunity (EEO), in compliance entity(ies) to use all such licensed software and the with Executive Order 11246 as amended and applicable to associated specifications, technical data and other this Contract documentation for the operations of the City or entities B. Miami-Dade County Florida, Department of Small controlling, controlled by, under common control with, or Business Development Participation Provisions, as affiliated with the City,or organizations which may hereafter applicable to this Contract be formed by or become affiliated with the City. Such license specifically includes,but is not limited to, C. Occupational Safety and Health Act(OSHA)as applicable to this contract E. the right of the City to use and/or disclose, in whole or in part, the technical documentation and licensed software, D. Environmental Protection Agency(EPA),as applicable to including any source code provided hereunder, to any thct. person or entity outside the City for such person's or entity's E. Miami-Dade County Code, Chapter 11A, Article 3. All use in furnishing any and/or all of the Deliverables provided contractors and subcontractors hereunder exclusively for the City or entities controlling, connection with this Contract shall provide work rovide equal al controlled by, under common control with, or affiliated with opportunity for employment because of race,religion,color, the City,or organizations which may hereafter be formed by age, sex, national origin, sexual preference, disability or or become affiliated with the City. No such licensed marital status. The aforesaid provision shall include,but not software, specifications, data, documentation or related be limited to, the following: employment, upgrading, information shall be deemed to have been given in demotion or transfer, recruitment advertising; layoff or confidence and any statement or legend to the contrary termination; rates of pay or other forms of compensation; shall be void and of no effect. and selection for training, including apprenticeship. The 1.69 VENDOR APPLICATION AND FORMS Contractor agrees to post in a conspicuous place available for employees and applicants for employment,such notices Contractor shall be a registered vendor with the City's as may be required by the Dade County Fair Housing and Procurement Management Division for the duration of the Employment Commission, or other authority having Agreement It is the responsibility of the Contractor to file jurisdiction over the Work setting forth the provisions of the the appropriate vendor application and to update the nondiscrimination law. application file for any changes for the duration of the F."Conflicts of Interest"Section 2-11 of the County Code,and Agreement,including any option years. ty Ordinance 01-199. Section 2-11.1(d) of the Miami-Dade County Code as amended by Ordinance 00-1,requires any City employee G. North Miami Beach Purchasing Policies and Procedures or any member of the employee's immediate family who Manual Policy 3.6`Debarment and Suspension". has a controlling financial interest,direct or indirect,with H. Florida Building Code(FBC). 22 I. Notwithstanding any other provision of the Agreement, 2.1s an employee, agent, advisor, or consultant to the Contractor shall not be required pursuant to the Agreement Contractor or to the best of the Contractor's knowledge,any to take any action or abstain from taking any action if such subcontractor or supplier to the Contractor. action or abstention would, in the good faith determination C. Neither the Contractor nor any officer,director,employee, of the Contractor, constitute a violation of any law or agent, parent,subsidiary,or affiliate of the Contractor shall regulation to which Contractor is subject, including, but not have an interest which is in conflict with the Contracts limited to, laws and regulations requiring that Contractor conduct its operations in a safe and sound manner. faithful performance of its obligations under the Agreement; provided that the City, in its sole discretion,may consent 1.71 NONDISCRIMINATION in writing to such a relationship,and provided the Contractor During the performance of this Contract,Contractor agrees provides the City with a written notice, in advance, which ident to not discriminate against any employee or applicant identifies all the individuals and entities involved and sets employment because of race,religion,color,sex,handicap, forth in detail the nest to of the nt relationship to suchirand why i. is in marital status, age or national origin, and will take City's best interest th consent to such relationship. affirmative action to ensure that they are afforded equal D. The provisions of this Article are supplemental to, not in employment opportunities without discrimination. Such lieu of,all applicable laws with respect to conflict of interest action shall be taken with reference to,but not be limited to, In the event there is a difference between the standards recruitment,employment,termination,rates of pay or other applicable under the Agreement and those provided by forms of compensation, and selection for training or statute,the stricter standard shall apply. retraining,including apprenticeship and on-the-job training. E. In the event Contractor has no prior knowledge of a By entering into this Contract with the City,the Contractor attests that it is not in violation of the Americans with conflict of interest as set forth above and acquires Disabilities Act of 1990(and related Acts). If the Contractor information which may indicate that there may be an actual or any owner, subsidiary or other firm affiliated with or or apparent violation of any of the above, Contractor shall related to the Contractor is found by the responsible promptly bring such information to the attention of the City's enforcement agency or the City to be in violation of the Act, Project Manager.Contractor shah thereafter cooperate with such violation shall render this Contract void. This Contract the City's review and investigation of such information,and shall be void if the Contractor submits a false affidavit or the comply with the instructions Contractor receives from the Contractor violates the Act during the term of this Contract, Project Manager in regard to remedying the situation. even if the Contractor was not in violation at the time it 1.73 PRESS RELEASE OR OTHER PUBLIC submitted its affidavit COMMUNICATION 1.72 CONFLICT OF INTEREST Under no circumstances shaN the Contractor, its The Contractor represents that employees, agents, subcontractors and suppliers, without the express written consent of the City: A. No officer,director,employee, agent, or other consultant A. Issue or permit to be issued any press release, of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received advertisement or literature of any kind which refers to the or been promised any form of benefit, payment or City, or the Work being performed hereunder, unless the compensation,whether tangible or intangible,in connection Contractor first obtains the written approval of the City. with the grant of the Agreement Such approval may be withheld if for any reason the City believes that the publication of such information would be B. There are no undisclosed persons or entities interested harmful to the public interest or is in any way undesirable; with the Contractor in the Agreement The Agreement is and entered into by the Contractor without any connection with B. Communicate in any way with any contractor, any other entity or person making a proposal for the same departrnent,board,agency,council or other organization or purpose,and without collusion,fraud or conflict of interest No elected or appointed officer or official, director, any person whether governmental or private in connection employee, agent or other consultant of the City, or of the wRh Services to be performed hereunder except upon State of Florida(induding elected and appointed members P written approval and instruction of the City;and of the legislative and executive branches of government),or C. Represent, directly or indirectly, that any product or member of the immediate family or household of any of the service provided by the Contractor or such parties has been aforesaid: approved or endorsed by the City, except as may be 1.1s interested on behalf of or through the Contractor directly required by law. or indirectly in any manner whatsoever in the execution or 1.74 BANKRUPTCY the performance of the Agreement, or in the services, supplies or work, to which the Agreement relates or in any The City reserves the right to terminate this contract if, portion of the revenues;or during the term of any contract the Contractor has with the City, the Contractor becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a 23 reorganization,dissolution,or liquidation proceeding,or if a Agreement, and that it has not paid or agreed to pay any trustee or receiver is appointed over all or a substantial person,company,corporation,individual,or firm,other than portion of the property of the Contractor under federal a bona fide employee working solely for the Vendor any fee, bankruptcy law or any state insolvency law. commission, percentage, gift, or other consideration 1.75 GOVERNING LAW contingent upon or resulting from the award or making of the Agreement.For the breach or infraction of this provision, This Contract,including appendices,and all matters relating the City shall have the right to terminate the Agreement to this Contract(whether in contract, statute, tort(such as without liability at its discretion,to deduct from the contract negligence), or otherwise) shall be governed by, and price, or otherwise recover the full amount of such fee, construed in accordance with, the laws of the State of commission,percentage,gift or consideration. Florida. 1.82 E-VERIFY 1.76 SURVIVAL Contractor acknowledges that the City may be utilizing the The parties acknowledge that any of the obligations in the Contractor's services for a project that is funded in whole or Agreement will survive the term, termination and in part by State funds pursuant to a contract between the cancellation hereof. Accordingly,the respective obligations City and a State agency.Contractor shall be responsible for of the Contractor and the City under the Agreement,which complying with the E-Verify requirements in the contract by nature would continue beyond the termination, and using the U.S. Department of Homeland Security's E- cancellation or expiration thereof,shall survive termination, Verify system to verify the employment of all new cancellation or expiration hereof. employees hired by Contractor during the Agreement term. 1.77 CANCELLATION FOR UNAPPROPRIATED FUNDS The Contractor is also responsible for e-verifying its subcontractors,if any,pursuant to any agreement between The obligation of the City for payment to a Contractor is the City and a State Agency,and reporting to the City any limited to the availability of funds appropriated in a current required information. Contractor acknowledges that the fiscal period, and continuation of the contract into a terms of this paragraph are material terms, the breach of subsequent fiscal period is subject to appropriation of funds, any of which shah constitute a default under the Agreement unless otherwise authorized by law. 1.83 FORCE MAJEURE 1.78 ASBESTOS STATEMENT The Agreement which is awarded to the successful All material supplied must be 100%asbestos free. Bidder, proposer may provide that the performance of any act by by virtue of bidding, certifies that if awarded any portion of the City or Contractor hereunder may be delayed or the ITB he will supply only material or equipment that is suspended at any time while, but only so long as, either 100%asbestos free. party is hindered in or prevented from performance by acts 1.79 VERBAL INSTRUCTIONS PROCEDURE of God,the elements,war,rebellion,strikes,lockouts or any cause beyond the reasonable control of such party, No negotiations, decisions, or actions shall be initiated or provided however, the City shall have the right to provide executed by the Contractor as a result of any discussions substitute service from third parties or City forces and in with any City employee.Only those communications which such event the City shall withhold payment due Contractor are in writing from an authorized City representative may be for such period of time. If the condition of force majeure considered.Only written communications from Contractors, exceeds a period of 14 days the City may,at its option and which are assigned by a person designated as authorized discretion,cancel or renegotiate the Agreement to bind the Contractor,will be recognized by the City as duly 1.84 BUDGETARY CONSTRAINTS authorized expressions on behalf of Contractors. 1.80 PROHIBITION OF INTEREST In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this No contract will be awarded to a bidding firm who has City document may be subject to a permanent or temporary elected officials, officers or employees affiliated with it, reduction in budget In such an event,the total cost for the unless the bidding firm has fully complied with current affected service shall be reduced as required. The Florida State Statutes and City Ordinances relating to this Contractor shall also be provided with a minimum 30-day issue. Bidders must disclose any such affiliation. Failure to notice prior to any such reduction in budget disclose any such affiliation will result in disqualification of 1.85 ANNEXATION the Bidder or termination of the agreement, removal of the Bidder from the City's bidder lists, and prohibition from Contractor agrees to extend all terms, conditions and engaging in any business with the City. pricing in the Agreement and any amendments thereto, to 1.81 NO CONTINGENT FEES any areas annexed into the City. Vendor warrants that it has not employed or retained any 1.86 LITIGATION VENUE company or person other than a bona fide employee The parties waive the privilege of venue and agree that all working solely for the Vendor to solicit or secure the litigation between them in the state courts shall take place 24 in Miami-Dade County, Florida and that all litigation 1.87 SOVEREIGN IMMUNITY between them in the federal courts shall take place in the Nothing in the Agreement shall be interpreted or construed Southern District of Florida. to mean that the city waives its common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statute. END OF SECTION 25 SECTION 2.0 SPECIAL CONDITIONS 2.1 PURPOSE The City of North Miami Beach seeks to establish an as-needed continuing contract with one or more qualified and experienced General Contractor(s)to perform civil works (roadway and drainage)projects per plans and specifications, if any. Work will include but not be limited to the following under a unit price agreement Construction, maintenance and restoration services for the public right-of-way, water and sewer infrastructure and appurtenances. The expenditure will be established within the budgetary amount for each fiscal year. 2.2 INTENTION OF THE CITY It is the intent of the City 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 shall be supplied by Contractor whether or not specifically called for in the Contract Documents or Work Order. Where words, which have well-known technical or trade meanings are used to describe Work, materials or equipment, such words shall 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,shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2.3 REQUIRED MINIMUM QUALIFICATIONS Bids shall be considered only from firms that have been continuously engaged in providing services similar to those specified herein and that are presently engaged in provision of these services. Bidder must have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. The prospective Bidders must meet the statutorily prescribed requirements before Contract award. • Bidder shall have at least five(5)years of experience in civil works-related projects to include paving, grading, stormwater systems, sidewalks and roadway curbing, stormwater and utility repair, improvement and restoration. Three (3) successful said projects completed by the Bidder shah be demonstrated via Form 4.4. In determining a Bidder's responsibility and ability to perform the Contract,the City has the right to investigate and request information concerning the ability to perform the work under this contract, financial condition, experience record, personnel,equipment,facilities, principal business location,organization of the Bidder, the Bidder's record with environmental regulations,and the daimsAitigation history of the Bidder. 2.4 LICENSES To be eligible for award of this Contract,the Contractor must possess at time of bid opening one of the following State of Florida or Miami Dade County DRER licenses: • Certified General Contractor • General Engineering with Miami Dade County DRER • Miami-Dade County Pipeline Engineering License or a State Underground Utility Ucense registered with Miami Dade County PWWMD • Paving Engineering Ucense from Miami Dade County DRER Contractor shall include copies of above licenses with bid. Business Tax Receipt must be in effect as required. 2.5 TIME IS OF THE ESSENCE Contractor shall promptly perform its duties under the Contract and shall give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents and as stated in any Work Orders. 26 The date and period of time set forth in a Work Order for the commencement,and completion of Work was included because of its importance to the City. 2.6 GENERAL REQUIREMENTS The Contractor agrees that the Contractor shall 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 Project Manager,should the Project 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 City,the Consultant(if any)and other agencies authorized by the City,must have full access to the Project sites)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, shad be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best qualIty we to be used in the performance of the Work. 2.7 QUESTIONS REGARDING SPECIFICATIONS Questions regarding this solicitation shall be submitted in writing in writing to bids, ilogyamlugm no later than 5:00 PM on 5.:00 PM on Tuesday July 26.2016. Responses to those questions considered ma erial to the solicitation will be made available as formal addenda to the City's Purchasing webeits and DemandStar.com. It is the responsibility of prospective respondents to ensure they are aware of al addenda issued relative to this solicitation. My oral irrstruclons given are not binding. Ali questions and interpretations will be clarified in writing to all Bidders by written addenda. Failure of a Bidder to receive and/or acknowledge any addendum shall not release the Bidder from any obligations(alder this bid. 2.8 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pm-Bid Conference will be held at Ihigineafin,July 20.2016 at 2:00 PM at the North Miami Beach City Hall Council Chambers, 2°d Floor, 17011 NE 190, Ave. North Miami Beach, FL 33162. Bidders are encouraged to attend the pre-bid conference. Representatives of the City will be present to discuss the solicitation. Owner will transmit to al prospective Bidders of record such addenda as deemed necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Each bidder is required,prior to submitting a Bid Proposal,to visit the premises and acquaint himself/herself with the needs and requirements of the Project(s). The Bidder shall also carefuly examine the specifications and to inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under this contract. No plea of ignorance,by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations,or failure to fulfill in every detail the requirements of the contract documents will be accepted as a basis for varying the requirements of the City or the compensation to the Contractor. 2.10 BID GUARANTY(BID BOND) At bid time,Con tractor's bid submittal must be accompanied by a bid guaranty in the amount of not less than five peroent(5%)of the total amount of the Bid,issued by a properly licensed surety company approved by the City of North Miami Beach. Should the successful Bidder fail to furnish a Performance and Payment Bond,the bid guaranty shall be forfeit. 2.11 PERFORMANCE,LABOR AND MATERIAL PAYMENT BONDS Pursuant to City code,a Performance Bond is required for projects or work totaling over$25,000 to any single Contractor. Additional bonds may be applicable as determined by Chief Procurement Officer and/or Project 27 Manager. The City will only pay the actual bond fee paid to the surety and the cost shall not exceed 1 percent of the work order amount. Each Bond must be in the amount of one hundred percent(100%)of the Work Order value guaranteeing to City the completion and performance of the Work covered in the Contract as well as full payment of all suppliers,laborers,or subcontractors employed pursuant to this Project(s). Each Bond must be with a Surety, which is qualified pursuant to Article 2.8,Qualification of Surety. Each Bond must continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent(100%)of the Work Order value,or an additional bond must be conditioned that Contractor will,upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes,as may be amended from time to time, Contractor must ensure that the bond(s)referenced above must be recorded in the public records and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security,which may be in the form of cash, money order, certified check, cashier's check or an unconditional letter of credit Such alternate forms of security will be subject to the prior approval of City and for same purpose and will be subject to the same conditions as those applicable above and will be held by City for one year after completion and acceptance of the Work. The Contractor will be reimbursed for obtaining such bond. 2.12 QUALIFICATIONS OF SURETY Each Bond must be executed by a surety company of recognized standing,authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five(5)years. The Surety must hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570,Current Revisions. If the amount of the Bond exceeds the underwriting imitation set forth in the circular, in order to qualify,the net retention of the Surety must not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance,or other methods in accordance with Treasury Circular 297,revised September 1, 1978(31 DFR Section 223.10, Section 223.111). Further, the Surety must provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The City will accept a surety bond from a company with a rating of"B+'or better and a Financial Size Category of"Class II",provided,however,that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner,the City will review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder with a surety company acceptable to the City,only if the Bid amount does not increase. 2.13 CONTRACT TERM The prices and conditions stated in this Bid shall be in effect fora period of three(3)years from the date of the issuance of a letter of award,or date of executed contract,whichever is later,and may be renewed for two(2) additional years on a year to year basis,unless Contractor is otherwise notified by the City. Any extension to this Agreement shall be in writing. The City Manager is authorized to extend or terminate this Agreement on behalf of the City. 2.14 SITE INVESTIGATION AND REPRESENTATION It is the responsibility of the Contractor to satisfy itself as to the nature and location(s) of the Work under a Work Order prior to commencement of Work on a Project,the general and local conditions,particularly those bearing upon availability of installation, transportation, disposal, handling and storage of materials, and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 28 Work site(s)may have existing utilities,such as,but not limited to,irrigation, phone,water and sewer, CATV, traffic signals, electrical, and storm sewer. Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings,if any.The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only,and no responsibility is assumed by the City for their accuracy or completeness. No request for additional compensation or Contract time resulting from encountering utilities not shown will be considered. It is the responsibility of the Contractor to verify the location of all such utilities, structures, eta, by hand excavation or other appropriate measures before performing any Work. The Contractor shall call Sunshine State One Call of Florida, Inc.and other appropriate agencies, as applicable, prior to the commencement of any excavation or digging to determine the locations of existing utilities prior to the commencement of any Work. The Contractor shall be responsible for any and all claims resulting from the damage caused to any utilities,identified or not. Should the Contractor identify any utilities, structures, etc., which will or may be encountered during the performance of the Work, the City must be consulted immediately in order for a decision to be made on the potential relocation or other action(s)to be taken as it relates to the work. Should the City direct the Contractor to relocate any utilities that would be impacted by any Work then the City shall compensate the Contractor for such relocation in accordance with the Change Order provisions of the Contract. The Contractor shall not purposefully disrupt or disconnect any type of utility whatsoever without first obtaining the prior written approval of the City or applicable utility owner. Requests for any disconnection, including those required of other utilities shall be in writing and received by the City at least seventy-two(72)hours prior to the time of the requested interruption. The City may require that the Contractor notify,in writing,any property owners to be impacted by service interruptions to their utilities. Any failure by the Contractor to familiarize itself with any utilities that may impact the performance of the Work shall not relieve Contractor from responsibility for properly estimating the difficulty or cost of performing the Work and will not entitle the Contractor to any additional compensation. 2.15 CONTRACTOR TO CHECK PLANS,SPECIFICATIONS AND DATA Contractor shall verify all dimensions,quantities and details shown on any plans,specifications or other data received from Project Manager and must notify the Project Manager of all errors,omissions and discrepancies found therein within three(3)calendar days of discovery. Contractor shall not be allowed to take advantage of any error,omission or discrepancy,as full instructions will be furnished to the Project Manager. Contractor shall not be liable for damages resulting from errors,omissions or discrepancies in the Contract Documents unless Contractor recognized such error,omission or discrepancy and knowingly failed to report it to Project Manager. 2.16 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, shall be regarded as r 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 shall be made upon that basis. 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 or applicable Work Order. The Contractor must familiarize itself with normal City's 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 shall be done in such a manner so as not to interfere with the normal City operations. The manner in which the Work is performed will be subject to the approval of the Project Manager,whom if necessary,shall have the authority to require changes in the manner in which the Work is performed. There must be no obstruction of City 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 City operations. 29 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 shall 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 City. (3)The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. 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. 2.17 SHOP DRAWINGS AND SUBMITTALS Contractor may be required, based on the Scope of Work of a Project, to submit shop drawings, sketches, samples or product data. A Work Order may state if shop drawings or other submittals are required if they are not required by the Building Code or regulatory agencies. Contractor shall responsible to submit such documents or samples in a timely manner for review by the Project Manager. Shop Drawings are to be complete in every detail and dearly identify any deviation from what is required by the Work Order. ft is the responsibility of the Contractor to submit sufficient information to allow the Project Manager to properly evaluate and accept the submittal or shop drawing. Receipt of the shop drawings or submittals does not constitute acceptance. Where professional calculations or certification of performance criteria of materials,systems,and or equipment are required,the Project Manager or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall be solely responsible for the accuracy of all shop drawings and submittals and any approval by Project Manager will in no way relieve the Contractor from said responsibility for full compliance with the Contract Documents. 2.18 SUBSTITUTIONS Substitution of any specified material or equipment require the prior written acceptance of the Project Manager. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Manager to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor's sole responsibility to meet the requirements of the Contract Documents and the requirements of a Work Order. The City may require an adjustment in price based on any proposed substitution. The Contractor may request the City to approve substitution where the specified materials are not available. Such requests must be submitted in writing to the Project Manager in advance with sufficient information to evaluate the substitution. The Contractor shall provide the substitute materials plant designation,type,grade, quality,and size. Acceptance of substitutions shall be at the sole discretion of the City. The City may require an adjustment in price based on any proposed substitution. 2.19 DIFFERING SITE CONDITIONS In the event that during the course of the Work on a Project the Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown in the Contract Documents,and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor,without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of its discovery, notify the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager or the Consultant will typically attempt,within two(2)business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If,in the sole opinion of Project Manager or the Consultant,the conditions do materially so differ and cause an increase or decrease in Contractor's cost of,or the time required for,the performance of any part of the Work,whether or not charged as a result of the conditions,Project Manager or Consultant shall recommend an equitable adjustment to cost of the Work or the time to complete the Work,or both. If the Project Manager and Contractor cannot agree on an adjustment in the Contract Price or Contract 30 Time,the adjustment shall be referred to the City's Chief Procurement Officer for determination. Should the City's Chief Procurement Officer determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract Documents,the Chief Procurement Officer shall so notify the Project Manager, Consultant,and Contractor in writing, stating the reasons,and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant or Project Manager as the date of Substantial Completion. 2.20 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. 2.21 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 as arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation 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 shall 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 City nor its officers or agents shall 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 shall 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 shall 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 Consultant Replace with material approved by the Project Manager or Consultant,at Contractor's expense,any existing utilities damaged during the Work. 2.22 ACCESS TO THE PROJECT SITE(S) City shall provide,as may be indicated in the Work Order,the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City for the use of Contractor. 31 Contractor shall provide,at Contractor's own expense and without liability to the City, any additional land and access thereto that may be required for temporary construction facilities,or for storage of materials. Contractor shall furnish to the City copies of written permission obtained by Contractor from the owners of such facilities. 2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until acceptance by City Manager or designee,and shall promptly repair or replace,at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor shall be full responsible for Work against all losses or damages of whatever nature sustained until acceptance by City,and must promptly repair or replace,at no additional cost to the City any Work,materials, equipment,or supplies damaged,lost,stolen,or destroyed from any cause whatsoever. 2.24 SAFETY PRECAUTIONS Contractor shall be 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 shall provide the necessary protection to prevent damage,injury or loss to: • All employees on the Project site and other persons who may be affected thereby; • All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the Project site;and • 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 shah 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 shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. The Contractor shall comply with the OSHA'Federal Right to Know'Regulation regarding informing employees of toxic substances in the workplace,providing training,and emergency procedures. Contractor shall adhere to applicable environmental protection guidelines for the duration of the Work. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities(including OSHA, EPA, DERM,the City,Miami-Dade County, State of Florida),which bear on the performance of the Work All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes shall be left open during nighttime or non-working hours without the prior written approval of the Project Manager. The Contractor shall 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 shall continue until such time as all the completion of the Contract. 2.25 TRENCH SAFETY ACT Pursuant to Chapter 90-96 (CS/SB 2626), Laws of Florida, 'Trench Safety Act',any person submitting a Bid is required to comply with the requirements of the FLORIDA TRENCH SAFETY ACT(90.96,LAWS OF FLORIDA), Where a Project awarded under a Work Order requires trenching the Contractor must complete the Trench Safety Act Form("Form")and return the Form to the Project Manager before commencing any Work. Failure to submit said Form will result in the Contractor not being able to proceed with the Work and be potentially be in default of its Contract. My costs identified on the Form are not a pay item. The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in its Bid prices. 32 2.26 CITY FURNISHED DRAWINGS The City, in its sole discretion, may furnish design drawings. It is the sole responsibility of the Contractor to bring to the immediate attention of the Project Manager any discrepancies between the drawings and existing conditions,excluding,hidden or unforeseen conditions,discovered prior to commencing and during the Work. The Contractor is solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and is responsible for any errors or revisions of the Work,which might have been avoided by notifying the City prior to commencement. This also applies to any revisions or omissions Identified by the Contractor. The Contractor must submit all requests for information entitled Request for Information(RFI). During the performance of the Work,should any errors,omissions,conflicts,ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will darify in writing the intent of the drawings and the Contractor agrees to abide by the Project Manager's interpretation and perform the Work in accordance with the decision of the Project Manager. In such event the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and methods of construction. The Contractor will have no basis for any claim for additional costs resulting from their failure to identify any required revisions,omissions or errors,not identified in writing to the Project Manager prior to commencing the Work. 2.27 SUPPLEMENTAL DRAWINGS AND INSTRUCTIONS The Project Manager shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning a Work Order or its performance, provided such Supplemental drawings or instructions involve no change in the Contract price or this Contract time,unless a Change Order is issued in accordance with the Contract Documents. 2.28 REQUEST FOR INFORMATION The Contractor must submit a Request for Information CRFr)where the Contractor believes that the Contract Document's specifications are unclear or conflict All requests must be submitted in a manner that dearly identifies the specification section or drawing detail, if furnished,where clarification or interpretation is being requested. As part of the RFI, Contractor must indude its recommendation for resolution. The City must respond in writing. The RFI process is not intended to be used to correct defective Work performed by the Contractor. Solutions to correct defective Work,including means and methods are the sole responsibility of the Contractor. Should the RFI process be utilized to correct defective Work,the Contractor may be required to reimburse the City for any costs incurred by the City in responding to the RFI. Such reimbursements will be taken as a deduction against any payments due the Contractor. 2.29 WARRANTY Contractor warrants to the City that all materials and equipment furnished under the Work Order 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 Work Order and the Contract Documents. All Work not conforming to these requirements, induding substitutions not properly approved and authorized,may be considered defective. If required by the Project Manager the 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 acceptance of the Work by the City under a Work Order. 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 then the manufacturer's warranty term will take precedence. Contractor will be required to provide the Project Manager a copy of the manufacturer's warranty prior to the City issuing final payment Manufacturer's warranties will become effective upon completion and acceptance by the City of the Work under the Work Order. All material and equipment furnished must be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City,the Contractor will 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 Completion of the Project. 33 Should the Contractor fail to perform any required warranty work the City, at its sole discretion,may have the work performed by others,and deduct such costs from any monies due the Contractor from the City. Where such funds are not available,the City will bill the Contractor and Contractor will reimburse the City within thirty (30)calendar days. The City may take any necessary and appropriate action provided under this Contract or with law to collect such payment due the City. 2.30 INSPECTION OF THE WORK The Project Manager,other City representatives,and Inspectors representing the City,and other public entities having jurisdiction over the Work shall at all times have access to the Work Should the Contract Documents,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 must be given of the date fixed for such testing so that the appropriate representatives of the City, 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 City,at its sole discretion may conduct testing in addition to the required testing. In such instances the City shall pay all testing costs unless the tests determine that the material,Work,or equipment is not compliant with the requirements of the Contract Documents. In such instances the Contractor shall reimburse the City for all incurred testing costs and the Contractor will be responsible for any costs associated with re-testing to ensure compliance. Inspectors shall have no authority to permit deviations from,or to relax any of the provisions of the Contract Documents 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. 2.31 UNCOVERING FINISHED_WORK The Project Manager's right to make inspections includes the right to order the Contractor to uncover or take down portions of finished Work The Project Manager shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract,the uncovering or taking down and the replacing and the restoration of the parts removed shall be treated as additional Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it,including employee salaries or related cost,in connection with such uncovering,taking down,replacing and restoration at the Project site. 2.32 DEFECTIVE OR NON-COMPUANT WORK The Project Manager shall have the authority to reject or disapprove Work that is found to be defective or not in compliance with the requirements of the Contract or Work Order. If required,the Contractor shall promptly either correct all defective or non-compliant Work or remove such defective Work and replace it with non- defective/non-compliant Work. Contractor shall 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 shall be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents,the City shall 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 shall 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 shall have 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 City in making such removals,corrections or repairs,shall 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 City 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 34 receipt of written notice from City,must promptly correct such defective or nonconforming Work within the time specified by City, without cost to City. Should the Contractor fail to take such action the City may take any necessary and appropriate action and hold the Contractor liable and responsible for all costs. The City 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, induding 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 City to accept any defective Work. 2.33 FIELD DIRECTIVE The Project Manager may at times issue Field Directives to the Contractor based on visits to the Project Site. Such Field Directive(s)shall be issued in writing and the Contractor is required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work,the Contractor shall,within 48 hours, notify the Project Manager that the work covered by the Field Directive is outside the scope of the Work. At that time the Field Directive may be rescinded by the Project Manager or the Contractor may be required to submit a request for a change to the Contract Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees,the Contractor may notify the Project Manager that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive,in accordance with the requkements of the Contract At no time will the Contractor refuse to comply with a Field Directive. Failure to comply with a Field Directive may result in a determination that the Contractor is in default of the Contract 2.34 EXCUSABLE DELAY,NON-COMPENSABLE Excusable Delay is either(i)caused by circumstances that could not be foreseen and are beyond the control of Contractor, its subcontractors, or suppliers, or is (II) caused jointly or concurrently by Contractor or its subcontractors,suppliers or vendors and by the City. 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 the Contract Failure of Contractor to comply with comply with the timeframes established by Article 2.32,Extension of Time, 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. 2.35 EXTENSION OF TIME My 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 of completion under a Work Order by the neglect or failure of the City or by a Force Majeure,then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of a Notice to Proceed or commencement of the Work, and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; • The Contractor demonstrates that the completion of the Work shall be actually and necessarily delayed; • 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 City 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, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above,the Project Manager shall not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such 35 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 shall 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 shall 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 shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall 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 shall 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 City shall 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 City may deem proper. Where the Contractor is delayed for any period of time by two or more of the causes mentioned in in Article 1.93,Force Majeure or Article 2.31, Excusable Delay,Non-Compensable,the Contractor shall 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 City shall 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 th 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,shall not waive the City's rights under the Contract,including but not limited to the assessment of Liquidated Damages or declaring Contractor in default. 2.36 STOP WORK ORDER The City may,at any time,by written order to the Contractor,require the Contractor to stop all, or any part,of the Work fora 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. My such order shall 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 City shall either. • Cancel the Stop Work Order,or • Terminate the Work covered by such order as provided in Article 1.64,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 shall 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 shall 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 City has directed such suspension, shall entitle the Contractor to additional Contract time as non-compensable, Excusable Delay,and shall not give rise to a claim for compensable delay. 36 2.37 HURRICANE PREPAREDNESS During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall 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. Compliance with any specific hurricane warning or alert precautions shall not constitute additional work. 2.38 RELEASE OF LIENS/CONSENT OF SURETY The Contractor warrants and guarantees that title to all Work,materials and equipment covered by an invoice, whether incorporated in the Project or not,will pass to the City upon the receipt of payment by the Contractor, free and clear of all liens,claims,security interests or encumbrances and that no Work,materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor by a Subcontractor or supplier or any other interested party. The Contractor must,starting with the second(2nd)Invoice,provide the Project Manager completed Partial or Final Releases of Uen/Subcontractor"s Statement of Satisfaction Form for the Project for any Project that indudes multiple payments. As an option the Contractor may also submits a Consent of Surety if a payment bond has been provided, authorizing the release of payment by the Surety. Failure to submit such documentation will result in rejection of the invoice. Conditional Release of Liens are not accepted by the City. 2.39 OWNERSHIP OF THE WORK The Contractor is solely responsible for all Work,until Final Completion of a Work Order. Contractor is liable for all damage,theft,maintenance,and safety until such time as the City issues a notice of Final Completion of a Work Order. 2.40 WORK ORDERS/AWARD OF PROJECTS OR WORK Work Orders will be issued to the City for all Work. A Work Order may consist of one or more Projects. Work Orders will be issued in one of two ways. • Where a Project is based solely on pre-priced line item pricing the Project Manager will calculate the cost of the Project(s)by multiplying the estimated quantities for each line item tans the line item price. The Project Manager will then provide the Contractor a written Work Order for a Project(s)and provide it with the spreadsheet used for the calculations(if one is required),the timeframe for completing the Project(s), and available drawings(if any),and any additional contract terms and conditions specific to the Project(s) or the Work Order,including but not limited to additional insurance,liquidated damages,etc. • The Contractor is responsible to visit the site,review any drawings and the spreadsheet,to confirm that the proposed quantities and value stated in the Work Order for the Project(s)is correct. The Contract may request that the Project Manager meet in the field to review the Work Order. If the Contractor believes that that either the quantities, line items,scope or other details are incorrectly stated on the Work Order the Contractor is to notify the Project Manager is writing of their findings within forty-eight(48)hours or the City will consider the Work Order as accepted by the Contractor. The Project Manager will review any recommended revisions and if necessary make any revisions. Once revised and forwarded to the Contractor,the Contractor will have twenty-four(24)hours to accept or reject the Work Order. If rejected the City may have the Work performed by others. Repeated rejections of Work Orders may result in termination of the Contract If a Project requires work that includes non-pre-priced work then the Project Manager will request a written Work Order Proposal(-Proposer)from the Contractor. Upon receipt of the Proposal from the Contractor the Project Manager will review the Proposal and either accept,reject or negotiate the Proposal. Once finalized the Project Manager will issue a Work Order for the Work to be performed. The Work Order shall serve as the Contractor's Notice to Proceed unless otherwise stated in the Work Order. 2.41 PRE-CONSTRUCTION MEETING Prior to or after the issuance of a Work Order and City and the Contractor shall agree upon a date and time for a 37 pre-construction meeting,if one is deemed necessary.The Contractor shall attend and also have any appropriate subcontractors attend the meeting. Contractor shall keep and distribute the meeting minutes. 2.42 MATERIALS,INSPECTION,AND RESPONSIBILITY The City shall have a right to inspect any material to be used in carrying out this Contract. The City does not assume any responsibility for the availability of any controlled materials or other materials and equipment required under this Contract The Contractor shall be responsible for the quality and standards of all materials, components or completed Work finished under this Contract Materials, components, or completed Work not complying therewith may be rejected by the City and shall be replaced by the Contractor at no cost to the City. My.materials or components rejected shall be removed within a reasonable time from the premises at the entire expense of the Contractor,after written notice has been mailed by the City to the Contractor that such materials or components for Work have been rejected. 2.43 PROGRESS MEETINGS The applicable City Project Manager shall schedule and hold regular on-site progress meetings at least weekly, and at other times as requested by the City Project Manager.The City,Contractor,and all subcontractors active on the site shall be represented at each meeting. City or Contractor may request attendance by representatives of suppliers or manufacturers. The purpose of the meetings will be to review the progress of the Work,maintain coordination of efforts, discuss changes in scheduling, and resolve problems which may develop. Contractor shall be responsible for all meeting minutes,including their distribution and revision. 2.44 PROGRESS PAYMENTS Based on Applications for Payment submitted to the City by the Contractor,and Certificates for Payment issued by the Architect/Engineer or City,the City shall make progress payments to the Contractor based on the Schedule of Values and percentage of completion,or units completed.A retainage of ten percent(10%)will be deducted from the monthly payment Applications for Payment shall indicate the percentage of completion of each portion of the work,or the volume, area, or linear measurement of work completed as of the end of the period covered by the Application for Payment The period covered by each Application for Payment shall be one calendar month no more than payment application shah be submitted per month. All payments shall be made in accordance with the Local Government Prompt Payment Act 2.45 COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the initial three(3)years term of the Contract Costs for subsequent OTR terms)shall be subject to an adjustment in an amount that shall not exceed 3%per year, or the increase in the Consumer Price Index CCPr),whichever is less The Contractor may request an adjustment to the Wage Rates for each OTR year, on an annual basis. The City may also adjust the pricing where the City Manager determines that extenuation circumstances exist. The maximum the CPI increase shall be based on the Miami—Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor,Bureau of Labor Statistics. Such adjustment shall be calculated the percentage of change for the current year against the preceding year. In no event shall the Wage Rate increase by more than three percent(3%)in any one year period and any increase granted will not be made retroactively. - In the event the CPI or industry costs decline,the City shall have the right to receive from the Contractor reduction in costs that reflect such cost changes in the industry. 2.46 SUBSTANTIAL COMPLETION The Work under a Work Order will be Substantially Complete when the Project Manager accepts all of the Work performed under a Work Order.Where the Project Manager determines that additional Work is required to complete a Work Order the Project Manager will create a Punch List containing all of the Work to be performed to achieve Substantial Completion of the Work Order. Substantial Completion cannot occur without all final approval of all permits have been issued and the Punch List Work is complete. The Punch List is to be signed by the Project Manager and the Contractor confirming that the Punch List contains the item(s)necessary to complete the Work.The failure or refusal of the Contractor to sign the Punch List does not relieve the Contractor from completing the remaining Work to the satisfaction of the Project Manager. 38 • The Project Manager and the Contractor will agree on the time reasonably required to complete all remaining Work included in the Punch List. 2.47 FINAL ACCEPTANCE The Final Inspection shall be made only after the City is satisfied that the Work described in the plans and specifications has been completed in accordance with the intent of these specifications and the Contractor has been notified of Substantial Completion by the Project Manager. The acceptance of the Work shall not in any way prejudice the City's rights to demand replacement of defective materials and workmanship. 2.48 FINAL COMPLETION Subsequent to Substantial Completion and submission and acceptance of all required documents and training that may be required by the Contract Documents the Project Manager will notify the Contractor that the Project has achieved Final Completion. 2.49 SUPERVISION The Contractor is to be responsible for his employees and Subcontractors,and for compliance with all laws and ordinances governing its work.He shall be responsible for all Project management,incng but not limited to, coordinating the Work,securing all permits of the accuracy of the laying out of the Work.Contractor shall have at all times a competent representative ("Supervisor") competent in speaking English available to answer questions or handle problems,who shall be satisfactory to the City. Supervisor shall represent the Contractor in the field and all directions given to the Supervisor shall 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 will meet 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. 2.50 PERMITS The Contractor shall obtain all applicable permits and call for inspections required for each Project. The Building Department. is mandated to charge fees.The City will however,reimburse the Contractor for permit fees incurred. The Contractor shall be responsible for the payment of the following fees (when applicable) including but not limited to:State BPR Building Certification Fee,State DCA Surcharge,County Code Compliance Fee,Microfilm Fee,and Structural Examination Fee.The City shall reimburse Contractors for actual cost of these fees.Fees for re-inspections shall be charged to the Contractor at normal rate and all costs shall be borne by the Contractor.The Contractor shall obtain all required permits to do the job,except for those already obtained by the City prior to the award of the bid.Contractor shall present the City with proof of payment for said permit fees in order to be eligible for reimbursement by the City. 2.51 ASBESTOS No asbestos containing materials will been designed into any Project,nor will be specified. Contractor shall use no asbestos-containing materials in the execution of the Work covered by these specifications. 2.52 TRAINING Contractor shall provide training to City staff on the use and maintenance of equipment and/or materials installed as part of a Project. 2.53 MANUALS Contractor shall provide two(2)manufacturers'training and maintenance manuals for any equipment installed as part of a Project. 2.54 CHANGE ORDERS Each Change Order to the Contract must be supported in writing and signed by the Contractor and the City. Without this prior written authorization,the City will not pay for extra work performed.The amount of Contractor's overhead and profit allowed for any change order,whether increase or decrease,shall not exceed the following 39 limits for work by the Contractor Overhead Limit: 10%of direct cost* Profit Limit:5%of the sum of direct cost and overhead cost. For any portion of the work for a change order that is performed by a Subcontractor or a Sub Contractor, Contractors combined overhead and profit limits allowed will not exceed 5%of the actual direct cost of the work. The NE of Record will verify the Change Orders compliance,the determination of the final completion status, and the reception of all due related documents,induding his/her approval of the updated record drawings,etc. 2.55 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,City 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. Should the Contractor leave any open trenches at any time that Work is not being performed, the City may have the open trenches covered and deduct any cost incurred from any outstanding payments due or to become due to the Contractor. The City may also invoice the Contractor for all costs incurred in mitigating any open trenches. All debris shall be disposed of at an authorized dumping facility. Dump tickets shall be submitted to the City with each pay request Exposed metal shall be polished, glass shah be cleaned, surrounding structures or landscaping affected or damaged during completion of each Project shall be restored to an equal or better condition. Paint shall be touched up if and where needed. Contractors equipment and surplus material shall be removed from site. 2.56 LIQUIDATED DAMAGES The City may establish liquidated damages on a Work Order by Work Order basis. Where the City determines that liquidated damages will apply to a Work Order the amount established will be stated in the Work Order. The Contractor is obligated and guarantees to complete the Work Order in the established in the Work Order or any approved extension of time the Contractor may be granted by the Project Manager. In the event of a delay in completion beyond the date established in the Work Order,the Contractor must pay to the City for each and every calendar day of unexcused delay,the sum stated in the Work Order,which is hereby agreed upon not as a penalty but as liquidated damages.The Contractor will be notified of any exceptions. The total amount of liquidated damages will not exceed the value of the Work Order. The City 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 City. In case the amount available under contracts the Contractor has with the City is less than the amount of liquidated damages due the City,the Contractor must pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages,the City will consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. 2.57 RECORD SET For Work Orders where the City has provided a set of Plans for a Work Order the Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents,including, but not limited to,all Drawings, Specifications, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager, in good order and annotated to show all changes made during construction. The record documents must be continuously updated,to establish a set of drawings,by Contractor throughout the prosecution of the Work to accurately reflect,typically by red lined mark ups of the construction plans, all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written Interpretations and clarifications, 40 and all concealed and buried installations of piping,conduit and utility services. Contractor must certify the accuracy of the updated record documents.The record documents must be dean and all changes,corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion of the Work Order and as a condition precedent to Contractor's entitlement to final payment,the Record Set must be delivered to the Project Manager by the Contractor. The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. 2.58 AS-BUILT DRAWINGS During the Work, Contractor must maintain records of all deviations from the Drawings as approved by the Project Manager or Consultant and prepare two copies of As-Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing that the As-Built Record Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size,depth and voltage in each conduit. To record actual construction,Contractor must legibly mark on-site structures and site Work as follows: • Depths of various elements of foundation in relation to finish first floor datum. • All underground piping and ductwork with elevations and dimensions and locations of valves,pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements.Actual installed pipe material,class,etc. • Location of internal utilities and appurtenances concealed in the construction,referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment,conduit,electrical panel locations. • Project Manager's or Consultant's schedule changes according to Contractor's records and shop drawings. • Specifications and Addenda: Legibly mark each section to record: • Manufacturer,trade name,catalog number and Supplier of each product and item of equipment actually installed. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process,equipment, piping, electrical system and instrumentation system. As-built documents must be updated monthly as a condition precedent to payment.A final survey signed and sealed by a surveyor must be provided to the City at no additional cost, including digital I (CAD and PbF) versions. For construction of new building,or building additions,field improvements,and or roadway improvements as- built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 2.59 CONTRACTOR'S WORK AND STAGING AREA a) The Contractor shall use only site areas designated by the City as Contractor Staging area for the Project. The Contractor shall keep this area in a secure, clean and orderly condition, and shall be responsible for screening and fencing the area so as not to cause a nuisance or sight obstruction to motorists or pedestrians. b) Responsibility for protection and safekeeping of equipment and materials at or near the sites will be solely that of the Contractor and no claim shall be made against the City. c) Upon completion of the Contract,the Contractor shall remove from the storage areas all of their equipment, temporary fencing,surplus materials,rubbish,etc.,and restore the areas to their original condition. d) Contractor's insurance shall extend coverage to all designated storage areas. 41 2.60 NDPES REQUIREMENTS Where applicable Contractor must comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System(NPDES)including but not limited to all permitting, Notices of intent, and the Storm Water Pollution Prevention Plan(SWPPP). All costs for NPDES and SWPPP must be included in the Bid price. For further information on compliance requirements for NPDES and SWPPP visit the State of Florida website at htto://www.dea.state.fl.us/water/stamwater/nodes/. Contactor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. END OF SECTION 42 SECTION 3.0 TECHNICAL SPECIFICATIONS 3.1 GENERAL NOTES Group A—DEMOLITION AND SITE PREPARATION M work to be performed under Group A shall conform to the current revision of the Miami-Dade County Public Works (MDCPW)Manual,Part I&it Standard Details and Specifications and as specified below or per attached City of North Miami Beach Standard Specifications.Work shall include materials,labor,equipment,mobilization cost, removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project or work order. Clearing and Grubbing Clearing,grubbing,removal and disposal of materials shall be per current revision of the Miami-Dade County Public Works Manual Part II,Road Specifications,Section 24-Clearing and Grubbing.Tree removal with size of up to 4 inches average trunk circumference shall be included. Saw Cutting,Removal and Disposal M pavement, sidewalk, curb and gutter shall be sawed cut straight and square with the use of mechanical equipment such as a wet saw and shall include dust control,dust clean up, removal,hauling and proper disposal of materials. Removal and Disposal of Existing Concrete Structure Removal and disposal of existing concrete structure shall include excavation, removal, back filling, hauling and proper disposal of materials. Removal and Disposal of Existing Drainage Pipe Removal and disposal of existing pipe shall include excavation,removal, badcfiHing,hauling and proper disposal of materials. Removal and Disposal of Existing Asbestos Pipe Removal and disposal of existing asbestos pipe shall indude excavation,removal,baddfling,hauling and proper disposal of materials. Disposal shall be per Miami-Dade County Department of Environmental Resource Management and United States Environmental Protection Agency requirements.Disposal Permit shall be included in this bid. Group B—UTILITY ADJUSTMENT All work to be performed under Group B shall conform to the current revision of the City of North Miami Beach Public Utilities Standard Specifications,Miami-Dade County Public Works Manual,Part II Standard Details and Specifications, Sections D7&D8 and Part III,Standard Details and Specifications for Water Supply and Sanitary Sewer,as well as other public utility entity that owned the particular utility appurtenance.Work shah include installation,materials,labor, equipment,mobilization cost,removal and disposal of excess materials,backfilliing and maintenance of traffic.Multiple job locations within 1 mile radius shall be combined as one Project or work order. Adjust Utility Valve Box,Manhole, Frame,Grate,Utility Box,Etc. Adjustment of utility valve box,manhole,frame,grate, utility box,etc.shall be per current revision of the City of North Miami Beach Public Utilities Standard Specifications or Miami-Dade County Public Works Manual,Part II Standard Details and Specifications,Sections D7&D8 and Part Ill,Standard Details and Specifications for Water Supply and Sanitary Sewer,as well as per specification of the public utility entity that owned the particular utility appurtenance. Adjust or Relocate Existing Miami-Dade County Signs Adjustment and or relocation of Miami-Dade County Traffic Regulatory signs shall be per Miami-Dade County Public Works Manual, Part I, Standard Details and Specifications R18.1 and R18.2 and current MUTCD Manual 43 as published by the Federal Highway Administration(FHWA). Adjust or Relocate Existing City of North Miami Beach Signs Adjustment and or relocation of City of North Miami Beach signs shall be per Miami-Dade County Public Works Manual, Part I,Standard Details and Specifications R18.1 and R18.2. Group C-GRADING AND PAVING All work to be performed under Group C shall conform to the current revision of the Miami-Dade County Public Works Manual, Part I & II Standard Details and Specifications and as specified below or per City of North Miami Beach Standard Specifications.Work to be performed in Florida Department of Transportation(FDOT)maintained roadway shall conform to the current revision of the State of Florida Department of Transportation,Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Work shall include installation, materials, labor, equipment, mobilization cost,removal and disposal of excess materials,bac kfiuing and maintenance of traffic.Multiple job locations within 1 mile radius shall be combined as one Project or Work Order. Asphalt Pavement for Miami-Dade County and City of North Miami Beach Maintained Road Asphalt pavement preparation, installation and material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual,Part II Standard Details and Specifications,Sections 100,132 and 133. Refer to R12.3&R12.5 driveway installation. Asphalt Pavement for the Florida Department of Transportation Maintained Road Asphalt pavement preparation, installation and material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Sub Grade for the Miami-Dade County and City of North Miami Beach Maintained Road Sub grade preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miwni-Dade County Public Works Manual, Part II Standard Details and Specifications,Sections 30,33,132 and 133. Sub Grade for the Florida Department of Transportation Maintained Road Sub grade preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the State of Florida Department of Transportation,Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual. Lime Rock Base for the Miami-Dade County and City of North Miami Beach Maintained Road Lime Rock Base preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications,Section 51. Lime Rock Base for the Florida Department of Transportation Maintained Road Lime Rock Base preparation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design, Construction,Maintenance and Utility Operations on the State Highway System Manual. Concrete Sidewalk for the Miami-Dade County and City of North Miami Beach Maintained Road Concrete slab or sidewalk installation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections 145, R12.6, R13.1, R13.2 & R13.3. Concrete sidewalk replacement must be removed and pour on the same day. Concrete Sidewalk for the Florida Department of Transportation Maintained Road Concrete slab or sidewalk installation shall indude excavation,removal and disposal of excess materials including 44 tree roots,grading,forms and installation.Material specifications shall conform to the current revision of the State of Florida Department of Transportation,Standard Specifications for Road&Bridge Construction Manual and the Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System Manual.Concrete sidewalk replacement must be removed and pour on the same day. Concrete Curb and Valley Gutter for the Miami-Dade County and City of North Miami Beach Maintained Road Concrete slab or sidewalk installation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual,Part II Standard Details and Specifications, Sections R14.1 to R14.6. Concrete Curb and Valley Gutter for the Florida Department of Transportation Maintained Road Concrete slab or sidewalk installation shall include excavation, disposal of excess materials, grading and installation. Material specifications shall conform to the current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual and the Design Standards for Design,Construction,Maintenance and Utility Operations on the State Highway System Manual. Utility Trench and Pavement Restoration Utility trench'and pavement restoration shall conform to Miami-Dade County Public Works Manual, Part III, and Standard Detail drawings Al to A4. Refer to City of North Miami Beach Standard Detail R 17.3, R 17.4A&B to complete installation. Swale Re-grading,Preparation for Sod Installation Re-grading of swale and preparation for installation of sod shall conform to the current revision of the Miami-Dade County Public Works Manual,Part I,Road Detail,Section R(roadway cross-sections)&Part II,Section D4(grading of wales),Standard Details and Specifications or CNMB Std Spec R17.5 as specified and approved by the City. Top sob must be below any pavement to allow the installation of the sod matted root below the pavement for drainage. Yellow Truncated Dome Detectable Tactile Warning Surface Tile Cast in concrete pavement vitrified polymer composite (VPC) modular paver detectable tactile warning surface tiles shal be an epoxy polymer composition with an ultra violet stabilized coating employing aluminum oxide particles in the truncated domes and installed per manufacturer's specification.The tile shall incorporate an in-line pattern of truncated domes measuring nominal 0.2" height, 0.9"base diameter, and 0.45"top diameter, spaced center-to-center 2.35"as measured on a diagonal and 1.70"as measured side by side.For wheelchair safety the field area shall consist of a non-slip surface with a minimum of 40-90°raised points 0.045"high,per square inch. Modular Paver Detectable/Tactile Warning Surface Tiles which comply with the detectable warnings on walking surfaces section of the Americans with Disabilities Act(Title III Regulations,28 CFR Part 36 ADA STANDARDS FOR ACCESSIBLE DESIGN, Appendix A, Section 4.29.2 DETECTABLE WARNINGS ON WALKING SURFACES). Brick Paver Brick paver installation shall indude excavation, disposal of excess materials, grading and installation. Material specifications per: • ASTM C1272,8,000 psi set on a concrete or bituminous bed(Type R)for heavy vehicular traffic application.For driveways and crosswalks. • ASTM C1272, 10,000 psi set on 2"leveling sand bed for heavy vehicular traffic application. For driveways and crosswalks. • ASTM C902, 8,000 psi with 2 inches thick leveling sand bed for pedestrians and light traffic applications. For walkways and sidewalks. Note:For restorations,material and installation shall be equal to existing pavement. Americans with Disabilities Act • All Americans with Disabilities Act (ADA) related work such as tactile surfaces, signs, sidewalk ramps and pavement markings shall conform to the current Americans with Disabilities Act Standard Specifications and 45 requirements. Group D—STORMWATER All Work to be performed under Group D shall conform to the current revision of the Miami-Dade County Public Works Manual, Part I & II Standard Details and Specifications and as specified below or per City of North Miami Beach Standard Specifications. Work shall include installation, materials, labor, equipment, mobilization cost, removal and disposal of excess materials,backfilling and maintenance of traffic.Multiple job locations within 1 mile radius shall be combined as one Project or Work Order. Exfiltration Trench and Drainage Structures Work shall include excavation, trenching,installation of pipe and appurtenances, including removal, hauling and proper disposal of excess materials,backfiliing.Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual, Part II Standard Details and Specifications, Sections 310, 320, 340, 350, 355, 360 and 361; Miami-Dade County Public Works Manual, Part I, SD 1 to SD 4.6, unless otherwise specified in the City of North Miami Beach Standard Specifications. Connection of existing drainage pipe to a Stormwater Structure Connection of existing drainage pipe to a stormwater structure shall include core drilling of concrete structures with the use of core drilling machine,grouting and connection to the existing pipe.Material specifications shall conform to the current revision of the Miami-Dade County Public Works Manual,Part II Standard Details and Specifications, Sections 310,320,340,350,355,360 and 361;Miami-Dade County Public Works Manual,Part I,SD 1 to SD 4.6, unless otherwise specified in the City of North Miami Beach Standard Specifications. Cleaning of Stormwater Structure or Pipe Cleaning of stonmwater structures shall include removal of debris,sediments,pressure washing the interior of the structure or pipe with the use of a vacuum truck or mechanical equipment including hauling and proper disposal of sludge or sewage materials. Stormwater Injection Well Cleaning Work shall include cleaning, removal and disposal of sediments or sludge to increase the discharge capacity of existing drainage well with diameter of 24'to 36'diameter casing up to maximum of 200 feet in depth. Group E—TRAFFIC SIGNS AND PAVEMENT MARKINGS All work to be performed under Group E shall conform to the current revision of the Federal Highway Administration's Manual on Uniform Traffic Control Devices(FHWA-MUTCD)unless specified to use the Miami-Dade County Public Works Manual,Part I&II Standard Details and Specifications,Americans with Disabilities Act Standard Specifications or the State of Florida Department of Transportation,Standard Specifications for Road&Bridge Construction Manual and the Design Standards for Design,Construction,Maintenance and Utility Operations on the State Highway System Manual.Work shall include site cleaning and preparation, installation,materials, labor,equipment, mobilization cost, removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project. Asphalt Seal Coating Seal coat material shall be coal-tar emulsion containing not more than 50%solids, &conforming to(ASTM) D- 5727-00 Specifications.The material shall be capable of application&complete coverage,by squeegee,brush,or spray,to the bituminous surface at a spreading rate of 2.0 gallons per 10 square yards in a two coat application.A polymeric latex additive shall be added to the sealer.This additive is to keep the sealer,water,&sand suspended evenly.A ratio of 2-4% is recommended. Sand shall be clean, air dried, hard&irregular slice sand. Standard sand#60/45 will be added to the sealer at the ratio of 2-4 lbs/gallon.Water shall be dean,not supplied from lakes or wells, within a temperature range of 50 -80F&a 20-40%cut is recommended. Primer shall be utilized to address any oil spots as specified.All traffic paint applied on sealer shall be 100%Acrylic based. Sweeping and Degreasing Cleaning,sweeping and degreasing shall be with the use of mechanical equipment such as a pressure washer or mechanical sweeper for large areas. Degreaser shall be non-toxic, biodegradable environmentally asphalt-safe degreaser to remove any oils,surface dirt,contamination,etc. 46 Acrylic Latex Traffic Marking Paint for Temporary Marking Thermoplastic traffic pavement marking shall be per current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual, Section 710 and the Design Standards for Design,Construction, Maintenance and Utility Operations on the State Highway System Manual. Acrylic latex traffic marking paint shall be conventional dry(non-heated application)water based paint intended for use in marking parking lots,airports,and roads. It shall conform to current Volatile Organic Compounds(VOC) regulations. Thermoplastic Traffic Pavement Marking Thermoplastic traffic pavement marking shall be per current revision of the State of Florida Department of Transportation, Standard Specifications for Road & Bridge Construction Manual, Section 711 and the Design Standards for Design,Construction, Maintenance and Utility Operations on the State Highway System Manual. Americans with Disabilities Act All Americans with Disabilities Act related work such as tactile surfaces, signs and pavement markings shall conform to the current Americans with Disabilities Act Standard Specifications and requirements. Group F—MAINTENANCE OF TRAFFIC(MOT) All work to be performed under Group G shall conform to the current revision of the Federal Highway Administration's Manual on Uniform Traffic Control Devices(FHWA-MUTCD)and or Index 600 of the State of Florida Department of Transportation,Design Standards for Design,Construction,Maintenance and Utility Operations on the State Highway System Manual and the Standard Specifications for Road & Bridge Construction Manual. Work must include installation, materials, labor, equipment, mobilization cost, removal and disposal of equipment, signs and barricades after the Project is completed and site deanup. Multiple job locations within 1 mile radius shall be combined as one Project:. Group G—WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES All work to be performed under Group H shall conform to the current revision of the City of North Miami Beach Public Utilities Standard Specifications and or per current revision of the Miami-Dade County Public Works Manual, Part II, Sections D7&D8 and Part Ill,Water Supply and Sanitary Sewer Standard Details and Specifications or as specified in the bid.Work must include installation,materials,labor,equipment,mobilization cost,removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project. Group H—CONCRETE SIDEWALK GRINDING All work to be performed under Group I shall indude labor, equipment, mobilization cost, dust control, removal and disposal of excess materials and maintenance of traffic. Multiple job locations within 1 mile radius shall be combined as one Project. Americans with Disabilities Act All Americans with Disabilities Act related work such as tactile surfaces, signs and pavement markings shall conform to the current Americans with Disabilities Act Standard Specifications and requirements. Sidewalk Concrete Pavement Grinding Grinding specifications are as follows: 1. Grinding shall be performed so that the sidewalk surface has essentially the same or slightly rougher texture adjacent to either side of the joint or crack.Ground surfaces shall not be smooth or polished and shall have a coefficient of friction of not less than 0.30. 2. Grinding shall be performed so that the finished grind has a rectangular appearance consisting of a straight back line with no stray grinding marks. 3. The adjacent concrete shall remain untouched by the grinding process without scars or damage. 4. Grinding shall be performed using dry,vertical carbide grinding equipment that will leave a nonslip surface. 5. The finished slope shall be a minimum of 8:1. 6. Each unit shall consist of a grind the entire width of the sidewalk and up to a maximum of 2 inches high. 7. Vendor shall provide lists of job sites by address,including quantities and unit size of grinds. 8. Contractor shall be capable of completing a minimum of thirty(30)grinds per day.END OF SECTION 47 STATEMENT OF"NO"BID If your company shall not be submitting a bid in response to this Invitation to Bid or Request for Proposal, please complete this Statement of No Bid Sheet and return, prior to the Bid/RFP Due Date established within,to: The City of North Miami Beach Procurement Management Division,Room 315 17011 NE 19th Avenue North Miami Beach,Florida 33162 This information shall help the City of N Miami Beach in the preparation of futu Bids and RF Bid/RFP/RFQ Number. Title:_ Company Name: Contact: Address: E-Mail: Telephone: Facsimile. J Reasons for"NO"Bid: \11 Unable to comply with product or service specifications. Unable to comply with scope of work. Unable to quote on all items in the group. Insufficient time to respond to the Invitation to Bid. Unable to hold prices firm through the term of the contract period. Our schedule would not permit us to perform. Unable to meet delivery requirements. Unable to meet bond requirements. Unable to meet insurance requirements. Other(Specify below) Comments: 48 SECTION 4.0 BID SUBMITTAL-REQUIRED FORMS ITB 2016-04 CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) NAME OF COMPANY: Af t,`) A 1\q\k (s `�f o mac-. (Name of co n submitting bid) SIGNATURE: cD ZJ — -3 f',S C. O7oo(�ax ID No.:US- QU O (Sign in Ink) (date) / (Print Name) P€TITLE: /- € (' E-MAIL ADDRESS:P t Ot.. �Vh espz .. 1 ADDRESS:r` ^+ .0z)f kit ' TELEPHONE NO.:(Y) - Do you give prompt payment discounts? D Yes,Percentage of discount 2_ %Term "Jerk I OJAI O No I certify that this Bid is made without prior understanding,agreement or connection with any corporation,firm,or person submitting a bid for the same materials,supplies,or equipment,and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this Bid for the Bidder. Haan 4l'1-63\i (Sign In Ink) (Print Name) 49 BID FORM PROPOSAL TO: CHIEF PROCUREMENT OFFICER CITY OF NORTH MIAMI BEACH 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 This Bid Form is submitted as part of the Bidder's Bid in response to the ITB issued by the City with respect to ITB Number 2016-04. Bidder must complete and submit with its bid an electronic version of the MS Excel Bid Form (Attachment BP)to be responsive. A printed copy of the MS Excel Bid Form should also be included as part of your Bid. Do not convert the MS Excel Bid Form to a .pdf form,retype or alter the Bid Form. Conversion to of the MS Excel Bid Form to a.pdf form.retyping or altering the Bid Form will result in the Bid being relected as non-responsive. The undersigned Bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all Work required under the Bid Documents entitled, "ITB 2016-04 CIVIL WORKS — AS NEEDED", in accordance with the intent of the Contract Documents,including any Specifications,Drawings,and all Addenda issued by said Owner prior to opening of Bid Proposals. Bidder agrees that, within ten(10)calendar days after receipt of the Contract from City, it will execute the Contract, and will secure the required insurance and bonds and furnish the required insurance certificates;and that upon failure to do so within said time,then the proposal guarantee furnished will be forfeited to the City as liquidated damages for such failure; provided that if Bidder shall execute and contract, secure required insurance and bonds, and furnish required insurance certificates within said time,his check,if furnished,will be returned to him within 5 days thereafter, or bid bond,if furnished,will become void. 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 its Bid, 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. All statements,information and representations prepared and submitted in response to the ITB are current,complete, true,and accurate. Bidder acknowledges that the City will rely on such statements,information,and representations in selecting a Bidder,and hereby grants the City permission to contact any persons or entities identified in the ITB to independently verify the information provided in the Submittal. Bidder is not currently disqualified,de-listed or debarred from doing business with any public entity,induding federal, state, county or local public entities. If yes, Bidder must provide a detailed explanation of such disqualification, de- listing or debarment,including the reasons and timeframe. The individual signing the Bid Form represents by signing,that he/she is duly authorized to sign on behalf of the above named company and that all information and documents submitted in response to the ITB are to the best if his/her knowledge are true,accurate,and complete as of the submittal date. Said undersigned Bidder agrees to complete all Work required under the Contract and comply with all requirements of the Contract Documents,and to accept in full payment therefore the prices)named in the above-mentioned Bid Form. Pricing Details Unit prices for the bid items are intended to establish a total price for completing a Project in its entirety. The unit prices stated by the Bidder in Form-BP include all costs and expenses for labor, equipment, materials, maintenance of traffic (MOT) swale restoration, clearing and grubbing, demolition, debris removal, disposal, root pruning, preparation,compaction, restoration,temporary striping,inlet protection(Baled Hay, Straw, or Filter Fabric), contractor's overhead and profit. All Work and incidental costs are to be included in the unit prices and no separate payments will be made for incidentals. - Where there is a discrepancy in the pricing stated on Form BP and those stated below,Form BP shall prevail. Should there be a discrepancy between the unit price and the extended price,the unit price shall prevail. 50 STATE OF FLORIDA COUNTY OF MIAMI DADE Before me,a Notary public,duly commissioned,qualified and acting,personally appeared Shawn O'Toole to me well known,who being by my first duly sworn upon oath,says that he is the President in Fact,for Arrow Asphalt&Engineering and that he has been authorized by Power of Attorney to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of North Miami Beach, Florida. Subscribed and sworn before me this 4th day of August,2016 V144/ VALERIA A BE FNAL otary Public �a; .•s_ ppMMISSION#Fa93693 EXPIRES May is.2020 State of Florida-at Large 63 Valeria A Bernal My Commission Expires 05/18/2020 STATE OF FLORIDA COUNTY OF MIAMI DADE Before me, a Notary public, duly commissioned, qualified and acting,personally appeared Ramon A Rodriguez to me well known, who being by me first duly sworn upon oath, says that he is the Attorney in Fact,for the FCCI Insurance Company and that he has been authorized by Power of Attorney to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of North Miami Beach, Florida. Subscribed and sworn before me this 40i day of August,2016 D� / No Public / ea;;,"te• MAYRARODRIGUEZ State of Florida-at Large * My=MISSION t FF 158347 Tvlayra�odriguez , EXPIRES:No�mber 14,2018 r tCf,,d6 Bonded 7AroBudget Notify Same: My commission Expires 11/14/18 BID BOND Bond No: n/a CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Arrow Asphalt&Engineering,Inc. FCCI Insurance Company 3051 NW 129 St 6300 University Parkway Opa Locka,FL 33054 Sarasota,FL 34240 OWNER: (Name,legal status and address) City of North Miami Beach 17011 NE 19 Ave,2nd Floor North Miami Beach,FL 33162 BOND AMOUNT: FIVE PERCENT OF AMOUNT OF BID PROJECT: Civil works Roadway&Drainage Projects&Repairs-ITB 2016-4 (Name,location or address,and Project number,if any) The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as maybe agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,'then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. The Company executing this bond vouches that this document conforms to the American Institute of Architects Document A310,2010 edition 1 • 2016 Signed and sealed this 4th day of August Arrow Asphalt&Engineering,Inc. (Principal) (Seal) (Witness) (Title) FCCI Insurance Company (\Kai (Surety) (Seal) (Witness) (Title) RAMON A RODRIGUEZ, ATTY-IN-FACT & FLA RES AGENT The Company executing this bond vouches that this document conforms to the American Institute of Architects Document A310,2010 edition 2 DooOdO1645,46 contalns a nog* pantograph btue baekpround Rest s4nsld1re 4,, Coin-maCfive`wataiMaM< and mioioienPinging on border �'..•41) ARROW-4 OP ID:LR '`��Rte- CERTIFICATE OF LIABILITY INSURANCE D"'�"""'°°'"m'' 08/04/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT RARE BROWN&BROWN OF FLORIDA INC Matthew Seese 14900 NW 79th Court Suiteif200 PHON Ho.Ezt). 5-364-7800 I Nor.305.714-4401 Miami Lakes,FL 33016.5869 E-MAIL Matthew Seese ADDs` - INSURER(S)AFFORDING COVERAGE NAIC e INSURER A:Starr Indemnity&Liability* 38318 INSURED Arrow Asphalt&Engineering, INSURBt a:The North River Ins.Company 21105 Inc. Attn:Shawn O'Toole INSURER C:Starr Indemnity&Liability 38318 3051 NW 129th Street Opa Locke,FL 33054 INSURER D: . INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE AOOL SEM POLICY EFF POLICY EXP MSa IND POLICY NUMBER aaMDD/YYYY) a INCIO YYYVI LIMITS A X GOMAERCIAL GEIaMtAL UABIUTY EACH OCCURRENCE i 1,000,000 I clA.,s•NADE I X I oc cuR X 1000025494161 04/19/2016 04/19/2017 DAM466 T cxurnrwsn $ 50,000 MED EXP wry one person) S 5,000 PERSONAL&ADV INJURY _ $ 1,000,000 — GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE i 2,000,000 PDIICY i^I.rrxjr I I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Emp Ben. s 1,000,000 AUTOMOBILE LIABILITY COMBINED LIMIT $ 1,000,000 A X Any AUTO _ SISIPCA08369016 04/19/2016 04/19/2017 BODILY INJURY(Pa Perm) $ AUTO SO BODILY INJURY(Per I) S - NON-OWNED - HIRED AUTOS ` AUTOS (Per accident) II _ i UMBRELLA LIAR X OCCUR -. EACH OCCURRENCE S 2,000,000 B X EXCESS LIAR CLAIM&MADE 5821050879 04/19/2016 04/19/2017 AGGREGATE $ 2,000,000 DED 1 J MENTON S i - — WORIIBtSCOM?ENSATION X I STATUTE I I ERt _ C ANY rRIPt I RRI PARTP Y/N 100000213800 04/19/2016 04/19/2017 EL EAGRACCDENT i 1,000,000 OFFICEFMABABEREXCLUDED? © .L.N Mendelefy h NH) EL DISEASE-EA EMPLOYEE S 1,000,000 Ey.s,db.under DESCAP'r10N emo OF OPERATIONS below E.L.DISEASE-POUCY UM IT i 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VBIICLES(ACORD 101,Additional Reworks Schedule,m.y be Witched If more.p.ce Is required) RE:2016-04 CITY OF NORTH MIAMI BEACH CIVIL WORKS. City of North Miami Beach Is Additional Insured with respects to General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION NORTHMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of North Miami Beach Building of Department ACCORDANCE WITH THE POLICY PROVIS IONS. 17011 NE 19 Avenue AUTHORIZEDREPRESEWIATNE North Miami Beach,FL 33162-3100 Brown and Brown of Florida,Inc. I _ 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACKNOWLEDGEMENT BIDDER QUALIFICATION STATEMENT FIRM NAME a NATURE OF AUTHORIZED AG T NAME&TITLE,TYPED OR PRINTED STATE OF Fkxtz ) COUNTY OF ��-� Q�. )SS T foregoing instrument was sworn to and subscribed before me this day of AI��AT , 20110 by 0 `�4� who is personally Imovm to me or produced v as identification. NOTARY PUBLIC,State of Commission No.:�"cy∎ S r - Print Name lk l Commission E�ires:O "f Akt\F►Ci SEAL (if Corporation) TIC ►; NOWA • IMdrllM14' ► 55 4.4 REQUIRED BIDDER REFERENCES Bidder shall have at least five(5)years of experience in civil works-related projects to include paving,grading,stormwater systems, sidewalks and roadway curbing,stormwater and utility repair, improvement and restoration. Bidder shall use this form and provide this information with bid submittal;failure to do so may result in the rejection of the submittal. 1. Name of Firm,City, County or Agency: C r \ S 0�Q��A�,cAt AN h 1 Address:"l0 Je VI .A.Cf C, City/State/Zip: uo�, 8\� 1 R1 s flOCk Contact:CV L\T. Title: Telephone: '3OrY ' C)-? L\ `, Fax Email Address: TE T . AA��NY Nk b R R.. V Project Title/Location: �• et ,L % SAIL taalkt. [V . I.%i %I 1► i Work Performed: i"-'1 -- < < + r- e_r oc.. ,, e C/L. 4 r e. -ids . R.e 4 o r e-c-t t- r .c r l C. .- e.,�� ....�7.2 . .of e 1.-,a 11t5 Project Engineer of Record: Total Cost: r ]�1 tilM c \ Project Start(Month/Year): 6 - ,� 0 f S Project End(Month/Year): ,�V\`p Was Project completed within the time frame specified in the contract? YES 0 If No,provide explanation: 2. Name of Arm,City,County or Agency: � e ti 0 A d d r e s s: f>y' J, i 5 c 6 `A C' /Stated : C R C 11 y t C . 3TV n� Contact C.SM Y1 Title: Telephone: Fax u3 Qk- VN\ Fax: Email Address: Q 4 \\` 1flC, cith Project Title/Location: k � E IN t_t t-C- r°z D Work Performed: /P�l •t 1 l( t° cA 4- pc& �c.k. 5 { • •- a 45 _Q 1� .- o•"CA L c- / e� o. e' aJ\ o��'�'/ao ti S 'r' ' C M-- ‘..,,...0 et— p/ /V� Gl• /■ p.. � •- / [ •,." - /t•cOrrN Project Engineer of Record: Total Cost:? r Project Start(Month/Year): if— - O / 5 Project End(Month/Year): S Pl.-4( it p`".. p • a c� i-P s5 Was Project completed within the time frame specified in the contract? �.YF NO / J If No,provide explanation: 56 (BIDDER REFERENCES CONTINUED) 3. Name of Firm, City,County or Agency: L3TANk O& Q.i7t:a 1 Address: \ C �� � X) P(�[ _ City/State/Zip: t? ,, QCA Contact 1S'(c cA ii\\-v Title: Telephone:S5` -4%-v \9p Fax: Email Address:[' ( Q�• €*3 Project Title/Location: .r tK•flLk Dtl#� 'J Work Performed: C) v-e r 1 GL y o ••+-% rv- 4- ."4- e S t c .1 Project Engineer of Record: Total Cost U_getV>,C)Cj Project Start(Month/Year): 3 -L©/ (, Project End(Monthh/Year): Was Project completed within the time frame specified in the contract? `YES NO If No, provide explanation: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 57 4.5 BID SIGNATURE PAGE FOR CORPORATION The officers of the Corporation are as follows: NAME ADDRESS President S\-414.).% c )70:At '3 6 4/0 nJ 3 9c / ? k2 Fl— 3 3 01-1 Vice-President Secretary Treasurer Registered A g e n t J co H e r-7/ 3to Sw (oc pt c A .■ F(- 3331`1 The full names and residences of stockbrokers,persons,or firms interested in the foregoing Bid,as principals,are as follows: 110�.... .•■• To o l c 3 C /0 /✓ 3 9 A ✓e /f/..,✓ d2 FL— 3 30 z ► /03 Post Office Address ) ( BIDDER: �POR: /4 s )A-a- / T � ) t c , TE /J / Ar r- O o./, 04-S ip � e cx O/ -C G nil 'RESIDENTS SIGNATURE AND E-MAIL ADDRESS �I Is this corporation incorporated in the State of Florida? Ye g ATTEST ARY YES NO [ l If no,give address of principal place of business: 58 4.6 BID SIGNATURE PAGE FOR SOLE PROPRIETOR OR PARTNERSHIP The full names and residences of persons,partners or firms interested in the foregoing Bid,as principals,are as follows: NIP BIDDER (FIRM NAME) Witnesses: (SEAL) SIGNATURE AND E-MAIL ADDRESS PRINT NAME The(Sole Proprietor or Partner) Post Office Address: TELEPHONE CITY in which fictitious name is registered. Attach a copy of proof of registration N p 59 4.7 DRUG-FREE WORKPLACE PROGRAM IDENTICAL TIE BIDS- Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employee that, as a condi'ti'on of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nob contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no Mater than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. Ar-"—SIN1/2-3S\ DORS SIGNATURE PRINTED NAME :ail Tf1C. NAME OF C• PANY ' 60 4.8 SOLICITATION,GIVING,AND ACCEPTANCE OF GIFTS POLICY Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. - No Public officer, employee of an agency, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment,favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, or candidate would be influenced thereby."...The term 'public officer'includes any person elected or appointed to hold office in any agency,including any person serving on an advisory may" The City of North Miami Beach policy prohibits all public officers,elected or appointed,all employees, and their families from accepting any gifts of any value, either directly or indirectly,from any contractor,vendor, consultant, or business with whom the City does business. Only advertising office stationery or supplies of small value are exempt from this policy-e.g.calendars,note pads,pencils. The State of Florida definition of`gifts"indudes the following: Real property or its use, Tangible or intangible personal property,or its use, A preferential rate of terms on a debt,loan,goods,or services, Forgiveness of indebtedness, Transportation,lodging,or parking, Membership dues, Entrance fees,admission fees,or tickets to events,performances,or facilities, Plants,flowers or floral arrangements Services provided by persons pursuant to a professional license or certificate.Other personal services for which a fee is normally charged by the person providing the services.My other similar service or thing having an attributable value not already provided for in this section. To this list, the City of North Miami Beach has added food, meals, beverages,and candy. Any contractor,vendor,consultant,or business found to have given a gift to a public officer or employee,or his/her family, will be subject to dismissal or revocation of contract As the person authorized to sign the statement,I certify that this firm will comply fully with this policy. 7c10-4? ,rtz%Thik2(1 SIGNATURE PRINTED NAME NAME OF COMI*NY TITLE Failure to sign this page shall render your bid non-responsive 61 4.10 LICENSES,TRAININGS AND CERTIFICATIONS OF CONTRACTOR AND SUBCONTRACTORS Please include in this section. 62 Canstru n Tiadr np Bond , BUSINESS CERTIFICATE OF COMPETENCY E97200 1 • ASPHALT 6 900BEERp IMC D.BA: r . o7-.4 O'TOOLE SHAWN ' Is oMtllidd under the of 10 of • QUAUFflN G S' 0007 PAVING ENGINEERING 0009 EXCAU&GRADING ENG J�M.SatP.e t� Swaim rr&o.d n.s.e G II$ ""'" Mrn40M•G1w�rYYr�f/gMpyrlrnla � QWASeHALT AN_QiNt4B __ , ' 305.5 p051 Mlle',12.9 1. _ O'ALOC.kCA Ri 3305 - _ v 126i'd .ARRQWASp !413,2{.C. :1-a4eq` 12q 8� ' IS.JtiptEs_Y1►CEN Q.1'1UP4Q 0 tiVW.RWIPSN2N9R IIATIQN OF 11 OCU�►A � Sp � _U ~ 08/19/207 � Ad. O AA t'$f4 A i � RE IN IRLII131 144Eiy0+i01 SUBJ TO TWh.PRQVISIOti8OFYHEG Fo&cE NOT ..E$ OT C�NStIY EA Q ER TRAT9IfE t$:E Q -tg vas FIN -?T .c1r�gFC�r�x�itA y ,,y: ,. 1 Cf "JlJAGER '.JJCENRECLERK —ISPLAY AS.REQUIRED B.Y L W 4.15 PUBLIC CONSTRUCTION CONTRACT BOND PERFORMANCE,PAYMENT AND GUARANTEE- PER PROJECT/WORK ORDER-AWARDED CONTRACTOR(S)ONLY STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW,ALI PERSOS BY THESE PRESENTS T AT '' .-� ' ® re.© /e_ r s = eX as principal and r r .,✓ corporation organized under the hifis of the State of J'G� with its home office in the City ofora c.«styes surety(said principal and said surety hereinafter collectively being referred to as obligor), are held acid firmly bound unto THE CITY OF NORTH MIAMI BEACH,FLORIDA,hereinafter called the obligee in the sum of (S )lawful money of the United States of America, for the payment whereof to the obligee, the principal and surety respectively bind themselves, their successors, heirs and assigns,jointly and severally firmly by these presents, in accordance with Section 255.05(1),Florida Statutes. Signed,sealed and dated this day of ,A.D.20_ WHEREAS, the principal and obligee have entered into a written agreement, hereinafter called the "Agreement"for the construction complete of ITS 2016-04 CML WORKS-AS NEEDED-PROJECT TITLE ,in the City of North Miami Beach,Florida,pursuant to the Project Manual and Specifications for Bid No.2016.04.opened ,to which this Exhibit is attached. as evidenced by contract and plans and specifications made a part thereof,entered into between the principal and obligee on the day of 20 , a copy of which contract may be attached hereto and is hereby referred to and made a part thereof. NOW THEREFORE,the condition of the foregoing obligation is such that if the principal shall indemnify the obligee for all loss that the obligee may sustain by reason of the principal's failure to comply with any of the terms of the contract,then this obligation shall be void;otherwise it shall remain in full force. THIS BOND shall also be security for the performance of the principal and surety of the following additional covenants and obligations,and the recitals and references herein contained shall constitute a part of this Bond and obligation. 1. PERFORMANCE: Said principal(Contractor)shall well and truly perform,carry out and abide by all the terms, conditions and provisions of said contract and complete the work therein specified in accordance with the terms thereof and hi the event said principal (Contractor)fails to perform said contract as aforesaid, it shall be the duty of the obligor herein to assume responsibility for the performance of said contract and to complete the work therein specified in accordance with the terms thereof, and the obligor herein shall and does hereby agree to Indemnify the obligee and hold it harmless of,from and against any and all liability,loss,cost,damage or expense including reasonable attorneys fees, engineering and architectural fees or other professional services which said obligee may incur or which may accrue or be imposed upon it by reason of any negligence, default and/or misconduct on the part of the said contractor,and his agents,servants,and/or employees, in about, or an account of the construction of said work and performance of said contract by the said contractor, and shall repay to and reimburse to the said obligee, promptly upon demand, all sums of money including reasonable attorneys,architects,engineers and other professional services,each and every, reasonably paid out or expended by the said obligee on account of the failure and/or refusal of said contractor to carry out,do,perform,and/or comply with any of the terms and provisions of said contract at the time and in the manner therein provided. 2. PAYMENT: The principal will make payments to all persons supplying the principal labor, material and supplies used directly or indirectly by the principal or any subcontractor or subcontractors of the principal in the prosecution of the work provided for in said contract. 70 • 3. GUARANTEE: A. Materials and workmanship: The principal will guarantee all materials and workmanship installed and performed under the contract for a period of one year after acceptance or work. B. Successful operation(applying to all mechanical and electrical equipment and all devices and equipment having working parts). The principal will guarantee the successful operation of all mechanical and electrical equipment and all other devices and equipment having working parts for a period of one year after acceptance of the work. 4. SUBCONTRACTORS AND SUPPLIERS: Each and every person, natural and artificial, for whose benefit this bond has been executed, as disclosed by the test of this bond and of said contract, specifications,drawings,and all papers,and said agreement in instruments attached and made a part of the material,or supplies in furtherance of said contract,shall have the same several rights of suits or action upon this bond as if he or they were the obligee or obligees herein specifically mentioned, and the obligations hereof shall be several as to the rights of said persons or said obligees hereof. 5. COURT COSTS AND FEES: In each and every suit brought against the obligor upon this bond, in which the plaintiff shall be successful,there shall be assessed therein against the obligor herein, in favor of the plaintiff therein, reasonable counsel fees, engineers, architect and other expert witness fee,which the obligor hereby expressly agrees to pay as the part of the cost and expense of such suit 6. ALTERATIONS, ADDITIONS AND CHANGES: That any and all alterations, additions or changes which may be made in the terms of said agreement or in the work to be done thereunder,or the giving by the owner of any extension of time for the performance of said agreement,or by any overpayment or premature payment made by owner to principal,or any forbearance whatsoever on the part of either the owner or the principal, or either or any of them,to the other,shall not in any way nor any extent whatsoever release the principal and the surety,or either of them,from liability hereunder, notice to the surety of any such alterations,additions,changes,extensions,overpayment,premature payments and forbearances being hereby waived. IN WITNESS WHEREOF the said principal and said surety hereto have caused these presents to be executed this day of 20 . Signed,sealed and delivered in the presence of: (SEAL) By: As to Principal Attest Secretary Signed,sealed and delivered in the presence of: As to Surety Attorney-in-fact 71 Florida Resident Agent NOTE: If both principal and surety are corporations,the respective corporate seals shall be affixed and attached. Power of Attorney to be attached. APPROVED AS TO FORM: CITY ATTORNEY 72 City of North Miami Beach,FL ITB#2016-04 4.16 LIST OF SUBCONTRACTORS !TB 2016-04 CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) OWNER: City of North Miami Beach.FL /� CONTRACTOR: PaL413 Ic4l I 4- EA-51 fle e//, tTiO c_.. Name Under License Percent Which No. Address of Office,Mill, of Total Specific Description of Subcontract Subcontractor is or Shop Contract Licensed Attach licenses of Subcontractors as applicable. 60 City of Morth Miami Beach,FL ITB#2016-04 Attachment B LEASED EMPLOYEE AFFIDAVIT I affirm that an employee leasing company provides the Bidders workers' compensation coverage. I further understand that my contract with the employee leasing company limits my workers' compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor exposure. I hereby certify that 100%of workers who are not employees of the company are covered as worksite employees with the employee leasing company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I agree to notify the City in the event that I have any workers not covered by the employee leasing workers'compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers'compensation policy to cover these workers. I further agree to provide the City with a certificate of insurance from the leasing company providing proof of workers'compensation coverage prior to these workers entering any City Work site. I further agree to notify the City if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below Name of Employee Leasing Company. Workers'Compensation Carrier. A.M.Best Rating of Carrier. Inception Date of Leasing Arrangement I further agree to notify the City in the event that I switch employee-leasing companies. I recognize that I have an obligation to supply an updated workers'compensation certificate to the City that documents the change of carrier. Name of Contractor: Signature of Owner/Officer. Title: Date: t I� L. 1 E l 0"--(0 / oy ' e5 Q {tio-S ciC Q : 61 Bidders are bidding on a lump sum basis for the purpose of determining the lowest responsive and responsible Bidders. However,Contractor will be paid based on the line item breakdown,contained in the Bid Form,with payments based on actual Work performed. The TOTAL BID AMOUNT stated below is 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 as reflected in the MS Excel Spreadsheet. TOTAL BID GROUP SUMMARY TABLE !TB 2016-04 3s OT.j A, D 1 p M Qi UNT o yrg G9 R0 g, P G t $t 1G 0' . ., GROUP A $ 3 L./ O, s n o _ CO GROUP B , Q 0 . © O GROUP C $ (i 15 a, © 0.. 0 0 GROUP D $ 4-71-9 3 / ! • 0 0 GROUP E $ 67� 0 ti a, 50 GROUP F $ / CO f 4/ 57 ©O GROUP G i / , /_ 00 . 0 0 GROUP H $ IS 5— 0 0 0 . 0 0 TOTAL BID AMOUNT $c? 0 3 ).., 7 91. 5-O Firm's Name: f).Z A' 1)Pi\k- 3c 1� Signature: �'' = d Printed Name/Title: —Ct 51 4.1 ACKNOWLEDGEMENT OF ADDENDA ITB 2016-04 CIVIL WORKS(ROADWAY&DRAINAGE PROJECTS&REPAIRS) INSTRUCTIONS: COMPLETE PART I OR PART II,WHICHEVER APPLIES PART I: LIST BELOW THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID. Addendum#1,Dated `7 -- a..`7-/ Addendum#2,Dated Addendum#3,Dated Addendum#4,Dated Addendum#5,Dated Addendum#6,Dated Addendum#7,Dated Addendum#8,Dated PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID. FIRM NAME:(t ) P`�� C cC r 1Ar�i \�C , AUTHORIZED SIGNATURE: -- 70-4----DATE:S ?)'3-'Lo TITLE OF OFFICER:A \ 52 City of North Miami Beach,Florida Procurement Management Division 305148-2946 • 101 On the ADDENDUM TO BID DOCUMENTS SOLICITATION (TB 201H4 CIVIL WORKS.(ROADWAY&DRAINAGE PROJECTS 41 REPAIRS) ADDENDUM No. 1 BID OPENING DATE 08/4/2016 TODAY'S DATE 7120/2010 To All Bidders: This addendum is Issued to modify the previously issued bid documents and/or given for Informational purposes, and is hereby made a part of the bid documents Please attach this addendum to the docurnefit in your possession-and acknowledge receipt of tht addendum in the space provided on the bid form. 01: What is the budget for this woject? Al: There is no set budget.This is an ongoing,on demand request for service. 02: Please Clarify the following, Section 2.0 Special conditions, Sub-secffon 2.3 Required Min Qualifications. If our company has less than the years required in this section, will the City allow the contractors key personnel (owners)to qualify the 5 year 40:Mance requirement? 02: No, the City will not allow. • hao Revd.by _ • .51•7,syr (piloted) • 411141111 a 1111"6/" efittifficer - - management Division Date 17011 NE Ave,North)Lloliand Beach,FL 33162 C 305-948-2946 305-957-3t22 glbidsibiltywhb.costi City of North Miami Beach 4.3 BIDDER QUALIFICATION STATEMENT In order to properly evaluate bid submittals, Bidders are expected to complete the questionnaire and include the following documentation. By attesting to this submittal,Bidder guarantees the truth and accuracy of all statements and answers herein contained. 1.Today's Date: 415 -- 3 — I (a 2.Name of Firm Submitting Bid: R-?< 0� j4c 3. How many years has your firm been in business under its present business name?: \ 4.Under what other former name(s)has your firm operated?: /V p e. e_ 5.Have any similar agreements held by Bidder for similar projects to the proposed projects ever been canceled?Circle one: `'Y Yes If yes,please explain: 6.Has the Bidder or any principals of the firm 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? Circle one: CD Yes If yes,please explain: 7.Has the proposer or any principals of the firm ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Circle one:® Yes If yes, please explain and give date, court jurisdiction, action taken, and any other explanation deemed necessary. 8.Indicate registration,license numbers or certificate numbers for the businesses or professions,which are the subject of this ITB. Attach Business Tax Receipt,certificate of competency and/or State registration. G7 7 — O c7 9.List the pertinent experience of the key individuals of your firm(continue on insert sheet if necessary): ;, G L` c,,.. J /"'t 4-- a I 1 b t1 O y c c r �( o -( /� < L�e� 1 4 1,�. J a— -1- - S .✓e– e•-• d \ r C3-..- . . �P. yo e 10.State the name and title of the individual who will have personal management of the work: �1 11n�v�tnq Or Os /e P r S cit-'e•� r-"N a■ _ g 'L — •` G'-r Fa d?-\ 0. i�g Cyr 11.State the name and address of attorney,if any,for the firm: N/A' 53 12.State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%)of the Proposer's business and indicate the percentage owned of each such business and/or individual: or-00A- loo /4, 13.State the names,addresses and the type of business of all firms that are partially or wholly owned by Bidder: S © 7o a (� �} c r o ,4 S O Q 3 o s ( /2/ (rLi ► Z 9 S d�0� �G o c 1� FL- 3 14. Bank references BANK NAME ADDRESS(CITY,STATE,ZIP) PHONE NUMBER IA) Q1 ► sF -' o 13 (OO Ni 412_ 7 ©tea. Loci-5F'L.. 15. Litigation/Judgements/Settlements/Debarments/Suspensions—Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three(3)years. Also indicate if your firm has been debarred or suspended from bidding or proposing on a procurement project by any government entity during the last five(5)years. N p r e- 16. Do you have a complete set of documents,including drawings and addenda,if applicable? Circle one: No 17. Did you attend the Pre-Bid Conference? Circle one:0 Yes 18. Disclosure of Conflict of Interest VENDOR SHALL DISCLOSE BELOW,TO THE BEST OF HIS OR HER KNOWLEDGE,ANY CITY OF NORTH MIAMI BEACH OFFICER OR EMPLOYEE, OR ANY RELATIVE OF ANY SUCH OFFICER OR EMPLOYEE AS DEFINED IN SECTION 112.3135, FLORIDA STATUTES, WHO IS AN OFFICER, PARTNER, DIRECTOR OR PROPRIETOR OF, OR HAS A MATERIAL INTEREST IN THE VENDOR'S BUSINESS OR ITS PARENT COMPANY,ANY SUBSIDIARY,OR AFFILIATED COMPANY,WHETHER SUCH CITY OFFICIAL OR EMPLOYEE IS IN A POSITION TO INFLUENCE THIS PROCUREMENT OR NOT. 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A . - , . ! : 4 5 1 1 - ; 1 _ , - ) 4 . 1 4 . 1 . t i : p m f i l , f t L I T t , . . i i l i t i t t : t r i : p 1 1 . 1 - - i . - Z . ' 1 7 : 1 : ! I t i . i N i 7 t - ' 1 < C a - , . i i l r . - 1 1 : , . t t : f i r i ' l ; r r i F ' ; - - t 1 r i l l t f + ' ' ' - " f r - q , } ' k , c . , : . - ` . . 7 , . . r , 4 1 t 4 . z . : . i i i , - ; i 1 . T t s i i , . . . 1 ; i 1 1 . 1 1 7 . 1 � , . " . f i i t , I t 7 , . " . t : 1 1 , . . • 4.10 FORM BA-BLACKLIST AFFIDAVIT BLACKLIST AFFIDAVIT • STATE OFF L''& ) } COUNTY OF�(( g'r bhoug\ U \( 1l( being first duly swo , d:•• and says that he/she is the Owner, Partner, Officer, Representative or Agent) of , ,a , : list. AA_ R1_. the Contractor that is to be awarded contract do hereby certify. "Contractor certifies that it does not and will not blacklist or refuse to conduct business with any company, government entity,or individual based on religion, race or national origin. Contactor understands that the City shall terminate any contract for cause where the City determines that the Contractor has blacklisted or refused to conduct business with any company,governmental entity,or individual based on religion,race or national origin. (signature) d (print name) Title. lTC Notary: State of C V f ,County of c r(Var .. The above name person who has sworn to and subscribed before me this Q day of Q 201pand is personally known ✓or has produced as Id: . . , .ARM. �t 11LN L, I \Cif\,114\ Signature • N• - - Print or Stamp Commissioned Name of Notary Public :._ JMMUS L lMMIMMI SW/P tprMM(goiMa .tw Cam.E1pUM.IM 14.2019 OMIIII119Ntw1 11 Assn : 63 4.10 NONCOLLUSION AFFIDAVIT STATE OF: c\CRTC COUNTY OF:c(\i`4(Nr_ t' ,being first duly sworn,deposes and says that � + (1) He/she is t- Q7 QVtk , ,the Bidder that has submitted the attached Bid. J (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest,including this affiant has in any way colluded,conspired,connived or agreed,directly or indirectly with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract,or has in any manner,directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices,profit or cost element of the Bid price or the Bid price of any other Bidder,or to secure through advantage against the CITY OF NORTH MIAMI BEACH or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives,owners,employees,or parties in interest,including this affiant (SIGNED) o C9 Tide 5-szk i TT Subscribed and t�oo before me this day ofQ��1lp My corn ission expires: (4%L 0p6 ,,wr MOMS L IMCIt1iAf1 Na1rr(tMNQ•Ow sl Ha* C•••444144 a R t40$7i q',2; i My Ce firer.holm•AIM 14,Mg eamisomialbso 4 64 4.11 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } ) COUNTY OFCtLrAcccr. U■At. }SS: I,the undersigned,hereby duly sworn,depose and say that no portion of the sum herein bid will be paid to any employees or elected officials of the City of North Miami Beach,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. By: Gn 7v-a-a J"`"01-4- _ Title: `C'_-irda 5\A- Sworn and subscribed before this day of It. 20 ol-WWIA"tA Notary Public,State • ,orida --'� Chan (Printed Name) My commission expires:—S■_)t1 �� 0-AC maw L osmium 1 Vi r�-wa�r 4 T. ri Nore FFtom» t \t„1"/ w► AIIL 18.111110 14.il�f 65 4.12 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to tom. % 4 O '( N ,v E by S awn- a TO o/ Pees for Arrow A s A -j, ec-ii- .gee,`- � ,I-1,-,C (Print individual's name and title) (Print name of entity subrrfdting sworn statement) ' whose business address is 3 d 5- ( A) t.4/ 1 Z `i S + 'e e ' Oz - k-I t -1-- and if applicable its Federal Employer Identification Number(FEIN) isf-,.5"-0724'4, If then has not FEIN, � ( ) cty , 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)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including,but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust,fraud,theft, bribery, collusion,racketeering,conspiracy,or material misinterpretation. 3. I understand that"convicted"or"conviction"as defined in Paragraph 287.133(1 Xb),Florida Statutes,means a finding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt,in an 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,non-jury trial,or entry of a plea of guilty or nob contendere. 4. I understand that an"Affiliate"as defined in paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime,or 2. 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 length 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 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 Xe),Florida Statues,means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity.The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitti s sworn statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders,employees, members,or agents who are active in the management of the entity,nor any affiliate of the e nti s 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,o an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1 ,AND(please indicate which additional statement applies. 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,nor any 66 affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State 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 PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN INFORMATION COINED IN pis RM. (Signature) Sworn to and subscribed before me this day of D4-.0y1-i1/2- ,2011p. Personally known Or produced identification Notary Public-State of (� r :r r L :c e s my commission expires t,\L\ OS1 (Type of identification) (Printed,typed or stamped commissioned name of notary public) ';r:r. THOMAS L.HICkMAN 64- NOM PAM-Maid FloAls 001111111401111 ff NOM . ,_' Mr Comm. •- - - — :0101 i4:7_14_:2119 i1rrl , 67 4.13 SOURCE OF INFORMATION How did you find out about this solicitation?Check all pplies. 1.www.citynmb.com 2.www.demandstar.com 3.Daily Business Review 4.The Miami Herald 5. Referral/word-of mouth ( Specify Source: 6.Search Engine/Internet search 7.E-mail,newsgroup,online chat Specify Source: 8.Banner or Link on another website 9.Flyer,newsletter,direct mail Specify Source: Other Specify Source: 68 4.14 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT Arrow Asphalt&Engineering,Inc. as Principal, and FCCI Insurance Company as Surety, are held and firmly bound unto City of North Miami Beach Hereinafter called"Owner,"in the sum of Five Percent of AMount of bid 5%amt of bid t�^ F 1 c`Q j �. r 1�-1 � '`�/r� � G L-f-e �5G�a 'r'� sd Se.>cr- Hit 'c (D&(�ctbllars, or e payment of which fn,well and(not less than 5 percent of the total amount of the bid) truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,firmly by these presents. WHEREAS,said Principal has submitted a bid to said Owner to perform all work required under the Bid Form(s) Owner's Contract Documents entitled "ITB 2016-04 CIVIL WORKS-AS NEEDED" NOW THEREFORE, if said Principal is awarded a Contract by said Owner.and, within the time and in the manner required under the heading"Instructions to Bidders"bond with said contract Documents,enters into a written Contract of the form of agreement bound with said Contract Documents and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and material, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said Owner and judgment is recovered, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. 4th August SIGNED AND SEALED,this day of , 20 10 Arrow Asphal4&Engineering,Inc. FCCI Insurance Company ;'�,?"�-�ye...•�r� 6-) 70 leo(SEAL) (SEAL) (Prin tipal) (Surety) By: • (Signature) ) (Signature Ramon A Rodriguez,Atty-in-fact&FL Res Agent (SEAL AND ATTACH NOTARIAL ACKNOWLEDGEMENT OF SURETY) 69 City of North Miami Beach,FL n'B#2016-04 Bid Requirements Checklist Bidder has attached all documents listed and any other pertinent information. The items listed are to be executed by an authorized agent of the Bidder,notarized(if applicable),and submitted as a condition to this Invitation to Bid. One(1)original and One(1)copy of bid provided Yes/No_ One flash drive/CD containing a single PDF file of original submission Yes/No All addenda signed and included(if applicable) Yes/No_ Bid Forrn/Bid Submittal Required Forms—(Section 4) Yes/No_ Bid Bond Form with notarial acknowledgement of Surety Yes/ No Licenses,Trainings and Certifications of Contractor and Subcontractor(s) Yes/No Business Tax Receipt Yes/No Current Certificate of Liability Insurance Yes/No_ No__ This checklist is provided as a courtesy to the Bidder to aid in preparation of bid response. Bidder Is solely responsible for Including all Items as specified herein. 62 BID NO.2018-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) ' GROUP A DEMOLITION AND SITE PREPARATION See Bid Specification Section of this contract for additional details. ESTIMATED ITEM DESCRIPTION UNIT ANNUAL UNIT PRICE BID EXTENDED NO. AMOUNT QUANTITY CLEARING,GRUBBING,REMOVAL AND DISPOSAL OF MATERIALS PER Al CURRENT MIAMI-DADE COUNTY PUBLIC WORKS MANAL PART II,ROAD SY 3,500 S SPECIFICATIONS SECTION 24-CLEARING AND GRUBBING.TREE REMOVAL UP TO TWELVE(12")INCHES TRUNK DIAMETER INCLUDED 3.013 ,Q 500,06 A2 SAW CUT,REMOVAL AND DISPOSAL OF ASPHALT PAVEMENT UP TO TWO(2") SY 2,500 INCHES THICK t`toe. Aisco,til ADDITIONAL COST PER ONE(1")INCH THICKNESS AFTER TWO(2")INCHES TO SY 1,000 S SAW CUT.REMOVE AND DISPOSE OF ASPHALT PAVEMENT agSoO.QO 1 INCH THICK MILLING,REMOVAL AND PAVEMENT(FIRST 50 SQUARE YARDSDISPOSAL OF EXISTING ASPHALT SY 15,000 ty s 5O i11�,C� A4 1 INCH THICK MILLING.REMOVAL AND DISPOSAL OF EXISTING ASPHALT 1, t S 7 PAVEMENT(AFTER FIRST 50 SQUARE YARDS) "A". 0 I OA 5Ct.Sic MILL ADDITIONAL 1 INCH THICK ASPHALT PAVEMENT.REMOVE AND DISPOSE SY MILLED PAVEMENT a Ki 15.000 S AFTER THE FIRST INCH OF Mp ,SIC il) Al S AB UP TO A4 INCHES THICK DISPOSAL OF EXISTING CONCRETE SIDEWALK OR Sy 2.5oo i91..O n :N F MORE HAN HIES AND UP TO Ssl OF CONCRETE SIDEWALK OR SLAB SY 1,000, f% .00 f 4r�l�. SAWCUT,REMOVAL.AND DISPOSAL OF EXISTING CONCRETE SIDEWALK OR 800 �l/ $ SLAB FOR EACH ADDITIONAL INCH OF THICKNESS AFTER 8 INCHES t 0} 3i C40.Io MO SAWCUT.REMOVAL.AND DISPOSAL OF EXISTING CONCRETE TYPE'D"CURB LF 100 CA no^ $ %�On SAWCUT,REMOVAL. a, I n All AND GUTTER AND DISPOSAL OF EXISTING CONCRETE TYPE"F"CURB 50 LF 1. 0 Z aC Jl I $14..Oar CO Al2 Q WCU'REMOVAL'AND DISPOSAL OF EXISTING CONCRETE 24 INCH VALLEY 1,500 $, 5 REMOVALAND DISPOSAL OF EXISTING CMP/NDPE DRAINAGE PIPE A13 DEMOLITION ONLY) LF 500 14,.00 sc'1pM.K 7, A14 REMOVAL AND DISPOSAL OF EXISTING CONCRETE DRAINAGE PIPE LF DE 500 n^ ^O $,,f '� MOUTION ONLY) p�■V A15 UP O 48 INCHES RS OUND OR SQ CONCRETE (DEMOLITION ONLY) DRAINAGE STRUCTURE 5 ¶ i1 on $ai%C0t 06 REMOVAL AND DISPOSAL OF EXISTING CONCRETE GE A18 LARGER THAN 48 INCHES OR SQUARE(DEMOUITONO� STRUCTURE 5 ` -�. i*5 Qn ONLY) REMOVAL AND DISPOSAL OF EXISTING ASBESTOS PIPE UP TO 12 INCHES IN �tC All DIAMETER PER MD-DERM AND EPA REQUIREMENTS AND SHALL INCLUDE THE LF 200 DISPOSAL PERMIT C,,EN{M^W ty A►3 i (U A I TOTAL BID FOR GROUP"A"-ITEMS Al THROUGH All INCLUSIVE: y -`O,1,N (K ,Total 8 3a v O RR _V � Bidder: 83 BID NO.2016-04 BID FORM CNIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP B UTILITY ADJUSTMENTS See Bid Specification Section of this contract for additional details. ESTIMATED I oM DESCRIPTION UNIT ANNUAL UNIT PRICE BID EXTENDED . AMOUNT QUANTITY _ B1 ADJUSTMENT OF EXISTING VALVE BOX,SET TO FINISH EA 20 ,]DO. � ` ,'n^ GRADE ADJUSTMENT OF EXISTING CATCH BASIN FRAME AND 82 GRATE,SET TO FINISH GRADE 5 y �� ti A e0 ADJUSTMENT OF EXISTING MANHOLE RING AND COVER, EA SET TO FINISH GRADE 5 U'fl. cc ADJUSTMENT OF EXISTING UTILITY BOX,WITH SIZE UP TO B4 24 INCHES WIDE X 36 INCHES LONG,SET TO FINISH EA 10 ``h�, '0� GRADE LAW ).M ADJUSTMENT OF EXISTING UTILITY BOX,WITH SIZE B5 LARGER THAN 24 INCHES WIDE X 36 INCHES LONG, SET EA 6 TO FINISH GRADE 5 1131j).M RELOCATE EXISTING MIAMI-DADE COUNTY TRAFFIC B6 REGULATORY SIGN PER MUTCD AND MDCPW STANDARD EA 5 SPECIFICATION 4r50oz° gg50,(`f) RELOCATE EXISTING CITY OF NORTH MIAMI BEACH B7 MAINTAINED SIGN PER MDCPW STANDARD EA 5 '� SPECIFICATION CAN/Yu .11 0,06o.et TOTAL BID FOR GROUP"B"-ITEMS B1 THROUGH B7 INCLUSIVE: itNivatottt Total $ aLk,a00.10, Bidder: 64 BID NO.2016.04 BID FORM CIVIL NARKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP C GRADING AND PAVING Sae Bid Specification Section eT this Contract for additional details. E'S,B R19 MT® DESCRIPTION EMT AMEN. LNIT PINCE BO OMER'MOUNT OLMATITY Ct TYPE STRUCTURAL COURSE ASPHALTIC /C TIC COREIEPAMOMENT(1 NWTNOJO MOINE Sy SA" fiiN Q(1 P,6rup-�Qy�,`�) M • &t tTRS1C11L1L COURSE ASPHALTIC CONCRETE PAVEMENT(73 DDFESTNDQ/F/ICNEIE BY 20x0 ,tI O MA1 I TYPE FI smut-tut.COURSE AE WLTIC CONCRETE PAVEMENT(I NCNTECK)WMML WED LW 1.mO O.`O E Si)rroma) ,EIUCU N.COIRSEAELTICCOCRETEMENEM(ISNONIM) eIc+ sr ,q 14.00 '1�et )f�U� 05 TYPE SiASPIMLTC CONCRETEPAVB,ENT(1 INCH TCIC)MONNELAYED EY lam il,.00 E�I(c�F1M CS TYPE Ili NORM=CONCRETE PN.UMNT(156 4THCq mare 19E0 M AM tt,5cE) '54,58603 C TYPE S2MPHALTC CONCRETE PATBEER(1ACN TRICK)MMaMLLAVED BY 4D7D AR't Yln 14�N50aco CO TYPE Si ASPHALTIC CONCRETE EMMEN,(III INCH THCR MANUAL LAND SY 4m0 t4•OV,8 3 oon n CO EWEIPAVE SPAS AOFML1CCONCRETE PAEEENT(MICH T1ENIMJO1E IMO PER FOOT BY E,>m �Qlz y'.n co S PECIFICATIONS -"1V Vkl[l MO NWERPME B U WHINTC CONCRETE PAVE)i4NT I,.NICHES THICK)M IEIAYED PER BL. �0D $(. 11-1.•50,00 FOOTSPECTE ICRONS CttsO SWEPNNE B.I2EAEPIEILTIC CONCRETE PAVEMENT(1 NCH TICK)MIME LAYER PER 011 FOOT SPECIFICATIONS. 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CO 00117474.OM10 1.Iy1a1aOMOOIOaaa•I.00paOaMOMMaIOIA MO ' 3 5n0. •••••••l•nOL armlaMa eneraN s1a.C•.aaIN104•Ca•a IN101.011115OCUPIRM T•Y •460 tl Mar Amex Apra I r .a•e+n.S Inc • BD NO.2015-08 BID FORM CARL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP E TRAFFIC SIGNS AND PAVEMENT MARKINGS Se*Bid SpacSkanon Section of this contract for additional dsIaia. 1191 NNE DESCWPI1011 UNR OTY WET PRICE 910 ESMOND4OWUNT El 4NCH WIDE MOTE YELLOW.OREENOR BLUE 71ERWNM11C LF 20SD 4`s : 1100.00 ER 5404 WIDE WHITE YELLOW.GREEN OR SLUE T1ENNOAMTIC Is 2100 /) 8 rt)t./0`.o0- D BINCNWIEWHIE YELLOW.GREEN OR SLUE TERIAOPAERC LF 210 /•I�(/ 8 1)C s�7 0°- El 1OINGIWIDEWIVE.YELLOW,GREEN OR BLUETW SPLAST1C LP 2s ,`00 $ .�-b0y..v�0- B 121NCHWDEWIgE YELLOW.GREEN OR EILETERINONMTIC IF EOD 2.3o s 11 V v.00 ES 16411C71WIDEWIEIE.YELLOW,GREENce 8111E TEUtlPLM10 LE ESE 14 o f _7Oo.00 ET 2440$WIDE WIVE.YELLOW.GREEN OR EWE TERSIOPRA1n0 LF EO roe s 7_030. C.20 /0 ES %INCHWDEARROW,W$IIE YELLOW.GREENOIIU.YETERYONMlC EA EE ZJ 00 E /j1{7010.00 ® LESS 1140N IT'Nest WHIM rEUOw,OEEl OR OWE EA 2E Lq'IY0�. $ .7L1s+_.oyo� - E10 LETTERING PEt LETTER BETWEEN 17-2T'NICK WHITE.YELLOW,GREEN OR y ZS: $ �yO.W EWE TE9CNAZIC c� a �}� .t Eli •AP'MEMO x-1T'LONG ACCESS SALE PAVEMENT'MARKING LA EE TIf,190 s IL�70_oo - ,NEewPLASnc 212 IAIICCAPSYMEOL PAVEMENT NARKING 71Eg0PWT1C EA O 4 0.00 ' /2.00.00 - 1WpCM SYEIOLN UJ1E CX4 BACKGROUO PNYEON'WARIOO N118 „BMOPIAB„D EA o.04 $ ld 00.Q0- , 314 4.O01 WIDE WIVE.YELLOW,GREEN ON BLUE LATEX IF 2030 i_)/0 E /�1�QL°4 - EM &INCH WIDE WIVE.YELLOW.GREENS*BLUE LATEX LF LOW S.44,.r. 8 9v .W Eli eSISI WIDE WHITE.YBLOEY.GWENOR BLUE LATEX IF 2D ..rd- s I39.jb • E77 % INCH WIDE WHITE.YBLOW.0NEEIOR EWE M7EX lF 29I 1740 J s 193".00 Eli 12 4Q1WOE WMETE.YBLOW.OREENOR OWE LATEX IF SOD r�Q E 310_0 • Eta WNW WIDE WH ETE.YELLOW.OREMOLELELATEX IF ZO .To s-2.2.4-,0-0- E2D IHOIWDE MITE.YELLOW.GREEN CR BLUE LA1EX LF GOO I,N)0 $,17)O.Oo- E21 19INC HWDE ARROW WHITE.YELLOW,GREEN OR BLUE LATEX IF n 22400 E 9)0.00 - m LATEX PER LETTER.LEGS TIN 7S NON MROE YELLOW.GREEN OR OWE EX 70 $00 S 100 40 En PER LETTER OEIWW4 W.2r HLNL w$ITE YS$GW.GREE1NW EA m YI 00 s 160.00 - SLUE LATEX EN WRCMS WIDE AND 14-ti LONG ACCESS AISLE PPNEMBRWAROIOLATEX GA 3) (0.00 $ p00.00 - NN wwDICAP WINOS PWY96R WAKING LATEX EA 20 2s,00 8 pc 00 EIS MOO*SYMINX N MLE4'X4'BACKGROUND PAW9B/T WRIGNO LATEX EA m woo 8 a iO.0s - EET REFLECTIVE PAVEMENT WNW=0990 EA 100 P.00 $ J1000.00.�..LE E9 FIEREC1 EOELBEATORWARMOTUSEORFANB) FA 'D If 00 E OW.10 ETD SPRYCM E RIA IGNE POET NCONCRETE EA S ilr,00 $ ( J.00- O '*NW CARRPOESONI POST NAEINLTORSDO ELL 2 l o0 $ 330.00 - Eat 'EASY CAItltl 0E SONS PWTWALL MOM TA E to ) E 5vo.oa - FS CONCRETE WIDMSTOP EA ED 3 Ilan 8 f Da En cacaos vanasroe(WINTER IA OD (./,Sp E 22J.00 ELI N4IDICAP WIN.POST NCONCREM EA 23 I9Lrr,0.a $ 3+jSti►r9Y�'!I90- 9S NWDNCAPSIGN-POET NAEPIMLTORODD EA 20 IW.� E '3300,00 E7S N4DICAP LION-WALL 4OUII® EA E Move S .W.D .Da - 4IE3104•OWEIE CONCRETE RUED O7CIE PPE PAKEDOSURDO2 FS/ DEEP 1'OACOWMEN FOUNDATION EA >o %r,00 80(W./EO EEL $ESG•ATINL NCILERD MEOW AND OSIREAEEE UP TO TOO SF PER JOS SY 1.00 Z.O 0.. f 2,0030,0`0 0$ BFAL OLIPIO INCLUDING SWEEPING AND CIEGREA/NO FROM 300)-10.00) PER s, ;� I,,IT/'L E 2.va no JOB �-✓ �L �J EW SEA.Cd11KN0NOJIOIOSWEEPING IDDEOEASIGFROM1GJm-M.0 $' to taw f, 1 0 8 t/Vso. 90 PBLJW 1 1� p ,10 N1 SEEPLCOA INCLUDING SEEPING MD DEGREASING FRO200O-ID$UD EF Sy um /.OJ 8 t30P.00- EQ SEALCOAYDKI INCLUDING SWEEPING AND DECREASING FROGS ED,®SF PERJOS sr 4.010 b e a $ •F 17//Ly� 00 IOTKBDPORON JP1.-MEW El MOWN EM NCWMM (0/V r Z•5b TNd 5 to{) oy2so . Bidder 1411.64.4.' h art-q-Erti. CT BID NO.2016-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP F See Bid Specification Section of this contract for additional details. ITEM DESCRIPTION UNIT CITY UNIT PRICE BID EXTENDED AMOUNT NO. BARRICADES TYPE I&II AND SIGNS MORE THAN F1 5 UNITS PER DAY EA 150 30.dt o $ (00,00 - F2 BARRICADE TYPE III(6-FOOT LONG)PER DAY EA 20 20,00 $ Y00,60 - F3 PLASTIC DRUMS PER DAY EA 20 8.St) $ /90. 00 JERSEY WALL CONCRETE OR WATER FILLED {0 3 $PER DAY Z� a - F4 EA 10 U TRAILER MOUNTED ELECTRONIC ARROW _ F5 BOARD PER DAY EA 10 go.CO $ gat.O0 TRAILER MOUNTED ELECTRONIC READER / / F6 BOARD PER DAY EA 10 Gj Q,00 $ tOoQ. op _ F7 FLAGMAN PER HOUR EA 10 (f J"00 $ CM.5j 0 0 - PLASTIC ORANGE SAFETY FENCING WITH 3/4" F8 SUPPORT REBARS AND PLASTIC SAFETY CAP @ LF 500 C� $ - MAXIMUM 10'O.C.(WHERE APPLICABLE) Y. 2s- 2/Z. 00 F9 PLASTIC ORANGE SAFETY CONES PER DAY EA 500 Z.60 0 $ ` 30a. Do _ F10 TRAFFIC STEEL PLATE EA 10 ytr o J , $ vs). 00 - TOTAL BID FOR GROUP"r r ITEMS F1 THROUGH F10 INCLUSIVE: (0 (i,c U h4 Total $ 'fll Logy,00 Bidder: Ait affto fah A H- 4 07.6 . chi(--. 68 BD NO.201644 BD FORM CML WORKS FORM BP(BID PRICING) GROUP G WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES Sea Bid Spsdflutlon Section of Ns Contradict additional Mans. ITEM OESCEPTON UNIT COY LMT PRICE BD EXTENDED AMOUNT ALL Gf 4 FEET DEEP PRECAST MANHOLE FOR SUTIEFLY VALVE A INCHES IN CIAMETER OR LARGER PEA MMO-0ADE CCLWIY PUBLIC WOKS MANUAL PART 0I.DETAIL NO 4 L(3 9 8/Qfl/0 a_ WS S14.WITH FRAMEAND COVER Lk500 (�/(fIK4/04 AOOnONAL COST PER FOOT OF OEPIH FOR CONCRETE PRECAST MANHOLE FOR BUTTERFLY VALVE 20 INCHES IN DIAMETER OR LARGER PER PANANA0E COUNTY .00 [y� • PUBLIC WOIO MANUAL.PART BL DETAL NO.WS S14 WITH FRAME ANO COVER GREATER THAN 4 FEET DEEP EA 2 y4�O`� _ PM. 03_ Gs TYPE W MANHOLE FAME AND COVER PER NAM-DACE COUNTY PUBLIC WORKS MANUAL,PART IL DETAIL NO.SS 40. EA 12 65(/.03 _ )20i 03 - CONCRETE PRECAST STANDARD SEWER MANHOLE 0 FEET DEEP WITH FRAME AND COVER PER MAM.DAGE COUNTY PUBLIC WORKS MANUAL,PMT G.DETAIL NO.SS OA- 24 112 EA a t'LfoD.ao = I 3.1D 0,00 ADORIONL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST STANDARD SEWER MANHOLE WITH ERNE AND COVER PER MMMOACE COUNTYPLBLIC WORKS KM ANJR.PART M.DETAIL IC.SSOA-CAL GREATER WAN 5FEETOBE EA 2 £10 0.oi = y a 0.00 - LM 4 FEET OUP OR LESS CONCRETE PRECAST SHALLOW MANHOLE FR :EAND COVER PER MMFDADE COUNTY PUBLIC WORKS MANUAL PART It DETAIL N0.887.0. EA a 16)0(9.4901 949Q1 I-7DC ).W 4 FEET DEEP ORLOS CONCRETE PRECAST DROP COM1EC11ON MANHOLE FRAME AND COVER PER MAMFOADE COUNTY PUBIC WOR S MANUAL PART III.OETAL NO SS EA 2 1-4/1) W 40 QiW = LOQ- GT 9A. AOOTIOIML COST PER FOOT OF DEPTH FOR CONCRETE PRECAST DROP CONEG110N MANGLE FRAME AND COVER PERNM40AOE COUNTY PUBLIC WORM MANUAL (� PL/1 p /� GS PAIR IL DETAIL ND.OSLO.GREATER THAN 4 FEET DEEP EA 2 •0a oo =A4V,DO -. G0 4 FEET D�ORL88 CONCRETE PRECAST CHECK VALVE MANOIEROWE AND COVFR PER MAM-WOE COUNTY PIg1C WORKS MNNJA L.PART ILDETAL NO.SSMMO. EA a (L,ba00 =`/S3L�Kt°- G,o RAD 11 ET FOCONCRETE PRECAST KYRgK VALVE PANICLE FRME MD COVER PER MAM-0IIOE COUNTY R RIG WOES MOWN PART 2 7//'QD DO _�a01�0 0E04 NO.MI MO.GREATER THAN• G,t 4F OBE OR CONCRETE PRECAST PLUG VALVE MID DECK VALVE MANHOLE FRAINNC COVER PERMAM DAOE COUNTY PIBUGWOR(SUAMMLPART M. W 2 Ky/ ,oa =W.00 - AMNIONA.COST PER FOOT OF DEPTH FOR CO4 13 PRECAST PLUG VALVE AND CHECK VALVE MAMIDI.EPRMEAND COVE EER MASS-WOE COUNTY PUBLIC �L y/�!) oo 012 WOE PO PART IL DETAIL ND.=810.0.GREATER THOM 4 FEET 088 CA 2 41�JQ�,{u/� =Q e'�� - O.. 4 FEET�ORLENN.O FEETWIE X S FEET LONG WRH•BON THICK RB$FORGED WALL,CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC WLVMII EA 2 / e(R" =p��+Go- KyEs ITS COVER WITH 4 FEET X4 FEET TINGED DOUBLEACCEB=HATCH AUDL.00KIFUSp 2e6 014 ADDITIONAL COST PER FOOT OF DEPTH FORAO FEET WIDE X5 FEET LONG WITH•NCH THICK NENFORCED WALL.CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC EA 2 (1/_O^�1 S (� O GKVAt CHECKERED 8TF8 COVER WITH 4 FEET X4 FEET TONGED DOUBLEACCEBS HATCH AND LOCK(FU544)GREATER THAN 4 FEET DEB -/F7 1/9° 018 4FET OEEEORLESS.OPEET WIDE XS FEET LONG NNM=INCH THICK RIOFORCE)WAL.CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC GALVANIZED ��//� y� OECI@®STEEL COYERWT4 FEETX4 FEET IHDEDWIBLEACCESS HATCH AND LOCUC(FLUSH) EA 2 C. GOO.Utz =9 .od- 018 GAL STEEL DEPTH FOR COVER WITH4 FEE x FEET TIMM CO IBIE ACCESS HATCH AND (FLUSH)GREATER 4TRW FEET DEEP AND NON-TRAFFIC CA 2 4 VQ.0) =/2.00-OD - __ FEET DEEP ORLON,0 FEET WIDE XS FEET LONG WOONB NCH THICK NEIFORCEO WALL,CONCRETE PRECAST STRUCTURE MD NON.TRAFFC GAL.VANED G,7 DSiEEL COYER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) EA 2 y600_4,7 =g2100 100 AMMO N&CXST PER FOOT OF DEPTH FOR A•FEET NICE 0 FEET LONG WITH 0 NCHTOOK REINFORCED WALL CONCRETE RECAST STRICTUEAND NON-TRAFFIC 0M GALVANIZED CIWODEREDSTTE&COVER WITH 4 FEET X4 FEET NIORT DOUBLE ACCESS HATCH NO LOCK(FLUSH)GREATER TINN4 FEET DEEP CA 2 batDD =/zUa29 0- 0,0 4 FEET DEEP OR LEAH FEET WOEX•FEET LONG WITH I NTH TALK REINFORCED WALL.CONCRETE PRECAST STRUCTURE AND NO-TRAFFIC GALVANIZED OO �I E �STEEL COVER WITH 4 FEET X4 FEET HINGED G DOUBLE ACCESS HAT AND LOCK(FLUSH) EA 2 AVCT.0D sin 4 .by G20 AodTCNIL COST PER FOOT OF DEPTH FOR AO FEET WOE XOPEET LONG WITH=INCH THICK RENFORCED WALL.CONCRETE PRECAST STRUCTURE AND NON-TRAFFIC EA 2 pO0 =�A/nQ+a�_ GALVANISED CHECKERED STS COVER ram 4 FEET X4 FEET WOOED DOUBLE ACCESS HATCH MID LOCK(FLUSH)GREATER TWIN FEET DEEP `�o I TOTAL BD FOR GROUP^0'-ICBM G1 THROUGH G201NCWBVE: Total t I'21t0 f/„On / ©p AN.(1.4LOuy 1)4 5e hA►A- a a LT�. NAME OF BIDDER: Ato.J 4 OhI 144- (54,s -2+'LG . EN PaN42318 w1rd upd.tod GYC.xMS.Group G nw2N• 55 8.1 BID NO.2016-04 BID FORM CIVIL WORKS CITY OF NORTH MIAMI BEACH FORM BP(BID PRICING) GROUP H CONCRETE SIDEWALK GRINDING See Bid Specification Section of this contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE BD EXTENDED AMOUNT CONCRETE SIDEWALK GRINDING TO MEET ADA REQUIREMENTS.CALCULATED H1 AT AVERAGE HALF(1/2)INCH THICK INCREMENT FOR 4 FEET WIDE SIDEWALK EA 500 $ - 50.oo �, 000.06 CONCRETE SIDEWALK GRINDING TO MEETADA REQUIREMENTS.CALCULATED AT AVERAGE HALF(1/2)INCH THICK INCREMENT FOR 5 FEET WIDE SIDEWALK EA 1,000 00,Oo $ 60,°0 3. 'Co - GH E: TOTAL BID FOR GROUP"1"-ITEMS HI THROU H2 INCLUSIVE Total S 'J o D 1. o o - Bidder. f)a44tg,,) A Bch g s ) cr 70 Arrow Asphalt&Engineering,INC.Bid 2016-04 Total for Groups: GROUP A Total 340,800.00 GROUP B Total 24,200.00 GROUP C Total 875,200.00 GROUP D Total 493,311.00 GROUP E Total 67,042.50 GROUP F Total 10,645.00 GROUP G Total 136,600.00 GROUP H Total 85,000.00 GRAND TOTAL 2,032,798.50 GROUP A DEMOLITION AND SITE PREPARATION See Bid Specification Section of this contract for additional details. ESTIMATED UNIT PRICE ITEM NO. DESCRIPTION UNIT ANNUAL BID EXTENDED AMOUNT QUANTITY CLEARING, GRUBBING, REMOVAL AND DISPOSAL OF MATERIALS PER CURRENT MIAMI-DADE COUNTY PUBLIC WORKS MANAL PART II, ROAD Al SPECIFICATIONS SECTION 24 - CLEARING SY 3,500 $3.00 $10,500.00 AND GRUBBING, TREE REMOVAL UP TO TWELVE (12") INCHES TRUNK DIAMETER INCLUDED SAW CUT, REMOVAL AND DISPOSAL OF A2 ASPHALT PAVEMENT UP TO TWO (2") SY 2,500 $11.00 $27,500.00 INCHES THICK ADDITIONAL COST PER ONE(1") INCH A3 THICKNESS AFTER TWO(2") INCHES TO SY 1,000 $2.50 $2,500.00 SAW CUT, REMOVE AND DISPOSE OF ASPHALT PAVEMENT 1 INCH THICK MILLING, REMOVAL AND A4 DISPOSAL OF EXISTING ASPHALT SY 15,000 $7.50 $112,500.00 PAVEMENT( FIRST 50 SQUARE YARDS) 1 INCH THICK MILLING, REMOVAL AND A5 DISPOSAL OF EXISTING ASPHALT SY 1,500 $7.00 $10,500.00 PAVEMENT(AFTER FIRST 50 SQUARE YARDS ) MILL ADDITIONAL 1 INCH THICK ASPHALT A6 PAVEMENT, REMOVE AND DISPOSE AFTER SY 15,000 $0.90 $13,500.00 THE FIRST INCH OF MILLED PAVEMENT SAWCUT,REMOVAL, AND DISPOSAL OF A7 EXISTING CONCRETE SIDEWALK OR SLAB SY 2,500 $18.00 $45,000.00 UP TO 4 INCHES THICK SAWCUT, REMOVAL, AND DISPOSAL OF A8 CONCRETE SIDEWALK OR SLAB MORE SY 1,000 $27.00 $27,000.00 THAN 4 INCHES UP TO 6 INCHES THICK • SAWCUT, REMOVAL, AND DISPOSAL OF A9 EXISTING CONCRETE SIDEWALK OR SLAB SY 600 $5.00 $3,000.00 FOR EACH ADDITIONAL INCH OF THICKNESS AFTER 6 INCHES A10 SAWCUT,REMOVAL,AND DISPOSAL OF LF 100 $8.00 $800.00 EXISTING CONCRETE TYPE"D"CURB SAWCUT, REMOVAL, AND DISPOSAL OF All EXISTING CONCRETE TYPE"F" CURB AND LF 1,500 $8.00 $12,000.00 GUTTER GROUP A DEMOLITION AND SITE PREPARATION See Bid Specification Section of this contract for additional details. ESTIMATED UNIT PRICE ITEM NO. DESCRIPTION UNIT ANNUAL U D EXTENDED AMOUNT QUANTITY SAWCUT,REMOVAL, AND DISPOSAL OF Al2 EXISTING CONCRETE 24 INCH VALLEY LF 1,500 $7.00 $10,500.00 GUTTER REMOVAL,AND DISPOSAL OF EXISTING A13 CMP/HDPE DRAINAGE PIPE(DEMOLITION LF 500 $18.00 $9,000.00 ONLY) REMOVAL,AND DISPOSAL OF EXISTING A14 CONCRETE DRAINAGE PIPE (DEMOLITION LF 500 $22.00 $11,000.00 ONLY) REMOVAL AND DISPOSAL OF EXISTING A15 CONCRETE DRAINAGE STRUCTURE UP TO 5 $500.00 $2,500.00 48 INCHES ROUND OR SQUARE (DEMOLITION ONLY) REMOVAL AND DISPOSAL OF EXISTING A16 CONCRETE DRAINAGE STRUCTURE 5 $600.00 $3,000.00 LARGER THAN 48 INCHES OR SQUARE (DEMOLITION ONLY) REMOVAL AND DISPOSAL OF EXISTING ASBESTOS PIPE UP TO 12 INCHES IN A17 DIAMETER PER MD-DERM AND EPA LF 200 $200.00 $40,000.00 REQUIREMENTS AND SHALL INCLUDE THE DISPOSAL PERMIT TOTAL BID FOR GROUP"A"-ITEMS Al THROUGH A17 INCLUSIVE: Total $340,800.00 Bidder: Arrow Asphalt&Engineering,INC.Bid 2016-04 I GROUP B UTILITY ADJUSTMENTS See Bid Specification Section of this contract for additional details. ESTIMATED ITEM NO. DESCRIPTION UNIT ANNUAL UNIT PRICE BID EXTENDED AMOUNT QUANTITY , EXISTING VALVE BOX, $380.00 $7,600.00 B1 SET TO FINISH EA 20 GRADE ADJUSTMENT OF EXISTING CATCH B2 BASIN FRAME AND EA 5 $400.00 $2,000.00 GRATE,SET TO FINISH GRADE ADJUSTMENT OF EXISTING MANHOLE B3 RING AND COVER, EA 5 $400.00 $2,000.00 SET TO FINISH GRADE HUJUb1MtNI yr EXISTING UTILITY BOX, WITH SIZE UP $480.00 $4,800.00 B4 TO EA 10 24 INCHES WIDE X 36 INCHES LONG,SET AUJ�btgM1= OFF EXISTING UTILITY $550.00 $3,300.00 BOX.WITH SIZE B5 LARGER THAN 24 EA 6 INCHES WIDE X 36 INCHES LONG, SE T HA I VRX !NU MIAMI-DADE COUNTY $450.00 $2,250.00 TRAFFIC B6 REGULATORY SIGN EA 5 PER MUTCD AND MDCPW STANDARD *ppnk f ETM I INC., CITY OF NORTH $450.00 $2,250.00 MIAMI BEACH B7 MAINTAINED SIGN EA 5 PER MDCPW STANDARD CPFCIFIrATIflN TOTAL BID FOR GROUP"B"- ITEMS B1 THROUGH B7 INCLUSIVE: Total, $24,200.00 GROUP B UTILITY ADJUSTMENTS See Bid Specification Section of this contract for additional details. ESTIMATED ITEM NO. DESCRIPTION UNIT ANNUAL UNIT PRICE BID EXTENDED AMOUNT QUANTITY Bidder: Arrow Asphalt&Engineering,INC.Bid 2016-04 GROUP C GRADING AND PAVING See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT ANNUAL UNIT PRICE EXTENDED BID AMOUNT QUANTITY TYPE S-1 STRUCTURAL COURSE ASPHALTIC C1 CONCRETE SY 2,000 $8.00 $16,000.00 PAVEMENT(1 INCH THICK)MACHINE LAYED TYPE S-1 STRUCTUAL COURSE ASPHALTIC C2 CONCRETE SY 2,000 $11.50 $23,000.00 PAVEMENT(1.5 INCHES THICK) MACHINE LAYED TYPE S-1 STRUCTUAL COURSE ASPHALTIC C3 CONCRETE SY 1,000 $8.50 $8,500.00 PAVEMENT(1 INCH THICK)MANUAL LAYED TYPE S-1 STRUCTUAL COURSE ASPHALTIC C4 CONCRETE SY 1,000 $14.00 $14,000.00 PAVEMENT(1.5 INCHES THICK) MANUAL LAYED TYPE S-3 ASPHALTIC CONCRETE C5 PAVEMENT(1 INCH SY 4,000 $8.00 $32,000.00 THICK)MACHINE LAVED TYPE S-3 ASPHALTIC CONCRETE C6 PAVEMENT(1.5 SY 5,000 $11.50 $57,500.00 INCH THICK) MACHINE LAYED TYPE S-3 ASPHALTIC CONCRETE C7 PAVEMENT(1-INCH SY 5,000 $8.50 $42,500.00 THICK)MANUAL LAYED TYPE S-3 ASPHALTIC CONCRETE C8 PAVEMENT(1.5 SY 5,000 $14.00 $70,000.00 INCH THICK) MANUAL LAYED GROUP C GRADING AND PAVING See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT ANNUAL UNIT PRICE EXTENDED BID AMOUNT QUANTITY SUPERPAVE SP-9.5 ASPHALTIC CONCRETE C9 PAVEMENT(1-INCH SY 5,000 $8.00 $40,000.00 THICK)MACHINE LAVED PER FDOT SPECIFICATIONS SUPERPAVE SP-9.5 ASPHALTIC CONCRETE C10 PAVEMENT(1.5 SY 2,500 $11.50 $28,750.00 INCHES THICK) MACINE LAYED PER FDOT SPECTIFIACTIONS SUPERPAVE SP-12.5 ASPHALTIC CONCRETE C11 PAVEMENT(1 INCH SY 5,000 $8.00 $40,000.00 THICK)MACHINE LAYED PER FDOT SPECIFICATIONS. SUPERPAVE SP-12.5 ASPHALTIC CONCRETE C12 PAVEMENT(1.5 SY 5,000 $11.50 $57,500.00 INCHES THICK) MACHINE LAYED PER FDOT SPECIFICATIONS SUPERPAVE SP-12.5 ASPHALTIC CONCRETE C13 PAVEMENT(1 INCH SY 5,000 $8.00 $40,000.00 THICK)MACHINE LAYED PER FDOT SPECIFICATIONS. FC-9.5 FRICTION COURSE ASPHALTIC CONCRETE C14 PAVEMENT(1 INCH SY 5,000 $9.75 $48,750.00 THICK)MACHINE LAYED PER FDOT STANDARDS FC-9.5 FRICTION COURSE ASPHALTIC CONCRETE C15 PAVEMENT(1.5 INCH SY 5,000 $11.50 $57,500.00 THICK)MACHINE LAYED PER FDOT STANDARDS GROUP C GRADING AND PAVING See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO. DESCRIPTION UNIT ANNUAL UNIT PRICE EXTENDED BID AMOUNT QUANTITY FC-12.5 FRICTION COURSE ASPHALTIC CONCRETE C16 PAVEMENT(1.5 SY 1,000 $13.50 $13,500.00 INCHES THICK) MACHINE LAYED PER FOOT STANDARDS FC-12.5 FRICTION COURSE ASPHALTIC CONCRETE C17 PAVEMENT SY 1,000 $8.00 $8,000.00 ADDITIONAL 1 INCH MACHINE LAVED PER FOOT STANDARDS FC-12.5 FRICTION COURSE ASPHALTIC CONCRETE C18 PAVEMENT(1.5 SY 1,000 $14.50 $14,500.00 INCHES THICK) MACHINE LAYED PER FOOT STANDARDS SUBGRADE, GRADING,COMPACTI ON STABLIZATION @ 98%DENSITY(12 INCH THICK @ 2 C19 LIFTS OF 6 INCHES, SY 3,000 $4.00 $12,000.00 WITH COMMERCIAL STABLIZING MATERIAL MEETING THE REQUIREMENTS OF MDCPW SPECIFICATION SUBGRADE,GRADIN G, COMPACTION C20 STABLIZATION @ SY 3,000 $4.50 $13,500.00 98% DENSITY (12- INCH THICK ) @ 2 LIFTS OF 6 INCHES THICK, WITH COMMERICAL STABLIZING MATERIAL MEETING THE REQUIREMENTS OF FOOT SPECIFICATION FOR ROAD BED CONSTRUCTION GROUP C GRADING AND PAVING See Bid Specification Section of this Contract for additional details. ESTIMATED IT PJO. DESCRIPTION UNIT ANNUAL UNIT PRICE EXTENDED BID AMOUNT QUANTITY LIMEROCK BASE, FDOT GROUP 4(6 C21 INCHES THICK) SY 500 $12.00 $6,000.00 INCLUDING GRADING AND COMPACTION STABLIZATION @ 98 %DENSITY,TACKED COAT OR PRIMED PER THE REQUIREMENTS OF FDOT SPECIFICATIONS LIMEROCK BASE, FDOT GROUP 6(8 C22 INCHES THICK) SY 2,000 $12.50 $25,000.00 INCLUDING GRADING AND COMPACTION STABLIZATION(98 %DENSITY,TACKED COAT OR PRIMED PER THE REQUIREMENTS OF FDOT SPECIFICATIONS LIMEROCK BASE(6 INCHES THICK) INCLUDING GRADING AND COMPACTION @ C23 %DENSITY,TACK SY 500 $12.00 $6,000.00 COAT OR PRIMED PER THE REQUIREMENTS OF MDCPW SPECIFICATIONS LIMEROCK BASE(8 INCHES THICK) INCLUDING GRADING AND COMPACTION C24 98%DENSITY,TACK SY 2,000 $12.50 $25,000.00 COAT OR PRIMED PER THE REQUIREMENTS OF MDCPW SPECIFICATIONS EACH ADDITIONAL 2 INCHES OF C25 LIMEROCK BASE SY $2.00 $0.00 MATERIAL UNDER PAVEMENT GROUP C GRADING AND PAVING See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO. DESCRIPTION UNIT ANNUAL UNIT PRICE EXTENDED BID AMOUNT QUANTITY REWORK,SCARIFY, RE-GRADE AND C26 COMPACT FIRST 2 SY 2,000 $5.00 $10,000.11 INCHES OF LIMEROCK BASE UNDER PAVEMENT CONCRETE SIDEWALK OR SLAB C27 4 INCHES THICK) SY 500 $38.50 $19,250.00 PER FDOT CLASS 1 MIX CONCRETE SIDEWALK OR SLAB C28 6 INCHES THICK) SY 500 $47.00 $23,500.00 PER FDOT CLASS 1 MIX CONCRETE SIDEWALK OR SLAB (4 INCHES THICK) C29 CLASS 1 CONCRETE SY 500 $38.50 $19,250.11 PLANT MIX 3,000 PSI IN 28 DAYS PER MDCPW MIX SPECIFICATION CONCRETE SIDEWALK OR SLAB (6 INCHES THICK) C30 CLASS 1 CONCRETE SY 100 $47.00 $4,700.00 PLANT MIX 3,000 PSI IN 28 DAYS PER MDCPW MIX SPECIFICATION DITIONAL COST C31 FOR PLANT MIX SY 100 $10.00 $1,000.00 COLORED CONCRETE • 'DITIONAL COST C32 FOR CONCRETE SY 100 $25.00 $2,500.00 PATTERN OR STAMPING CONCRETE VALLEY C33 MDCPW PERFDOT/ LF 50 $25.00 $1,250.0. SPECIFICATIONS C34 TYPE"D"CONCRETE LF 1,000 $14.00 $14,000.00 CURB TYPE"F"CONCRETE C35 CURB AND GUTTER LF 2,000 $18.00 $36,000., PER FDOT/MDCPW SPECIFICATIONS GROUP C GRADING AND PAVING See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO. DESCRIPTION UNIT ANNUAL UNIT PRICE EXTENDED BID AMOUNT QUANTITY ADDITIONAL COST FOR CURB AND C36 GUTTER CONCRETE SY 200 $10.00 $2,000.00 PLANT MIX COLOR PER SQUARE YARD. 24 INCHES X 48 INCHES YELLOW C37 TRUNCATED DOME EA 30 $250.00 $7,500.00 DETECTABLE WARNING TILE CAST IN CONCRETE RAMP PER ADA STANDARD REQUIREMENTS 24 INCHES X 60 INCHES YELLOW C38 TRUNCATED DOME EA 15 $300.00 $4,500.00 DETECTABLE WARNING TILE CAST IN CONCRETE RAMP PER ADA STANDARD REQUIREMENTS WALKWAY PAVERS INSTALLATION PER ASTM C902,8,000 PSI WITH 2"LEVELING C39 SY 200 $35.00 $7,000.00 SAND BED FOR PEDESTRIANS AND LIGHT TRAFFIC APPLICATIONS DRIVEWAY PAVERS INSTALLATION PER ASTM C1272,8,000 PSI SET ON A C40 CONCRETE OR SY 100 $50.00 $5,000.00 BITUMINOUS BED (TYPE R)FOR HEAVY VEHICULAR TRAFFIC APPLICATION DRIVEWAY PAVERS INSTALLATION PER ASTM C1272, 10,000 C41 PSI SET ON 2" SY 150 $55.00 $8,250.00 LEVELING SAND BED FOR HEAVY VEHICULAR TRAFFIC APPLICATION GROUP C GRADING AND PAVING See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT ANNUAL UNIT PRICE EXTENDED BID AMOUNT QUANTITY REWORK,SCARIFY, RE-GRADE AND C42 COMPACT FIRST 2 SY 2,000 $5.00 $10,000.00 INCHES OF LIMEROCK BASE UNDER PAVEMENT TOTAL BID FOR GROUP"C"-ITEMS Cl THROUGH C42 INCLUSIVE: Total $875,200.00 Bidder: Arrow Asphalt&Engineering,INC. Bid 2016-04 GROUP D STORMWATER DRAINAGE See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT UNIT PRICE ANNUAL RID EXTENDED AMOUNT QUANTITY EXFILTRATION TRENCH, D1 24"HDPE PERFORATED LF 500 $150.00 $75,000.00 PIPE @ 15 FEET DEEP X 4 FEET WIDE EXFILTRATION TRENCH, D2 24"HDPE PERFORATED LF 100 $140.00 $14,000.00 PIPE c? 10 FEET DEEP X 4 FEET WIDE EXFILTRATION TRENCH, D3 15"HDPE PERFORATED LF 100 $145.00 $14,500.00 PIPE @ 15 FEET DEEP X 4 FEET WIDE EXFILTRATION TRENCH, 15"HDPE PERFORATED LF 100 $135.00 $13,500.00 PIPE @ 10 FEET DEEP X 4 FEET WIDE EXFILTRATION TRENCH, 24"ALUMINUM D5 PERFORATED PIPE @ 15 LF 100 $155.00 $15,500.00 FEET DEEP X 4 FEET WIDE EXFILTRATION TRENCH, 24"ALUMINUM D6 PERFORATED PIPE @ 10 LF 100 $145.00 $14,500.00 FEET DEEP X 4 FEET WIDE EXFILTRATION TRENCH, 15"ALUMINUM D7 PERFORATED PIPE @ 15 LF 100 $150.00 $15,000.00 FEET DEEP X 4 FEET WIDE EXFILTRATION TRENCH, 15"ALUMINUM D8 PERFORATED PIPE @ 10 LF 100 $140.00 $14,000.00 FEET DEEP X 4 FEET WIDE BMP SNOUT BAFFLE 24R D9 FOR 15"PIPE AND EA 4 $380.00 $1,520.00 ROUND STRUCTURE GROUP D STORMWATER DRAINAGE See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT UNIT PRICE ANNUAL BID EXTENDED AMOUNT QUANTITY BMP SNOUT BAFFLE 24F D10 FOR 15"PIPE AND EA 6 $380.00 $2,280.00 SQUARE STRUCTURE BMP SNOUT BAFFLE 30R D11 FOR 24"PIPE AND EA 6 $400.00 $2,400.00 ROUND STRUCTURE BMP SNOUT BAFFLE 30F D12 FOR 24"PIPE AND EA 10 $400.00 $4,000.00 SQUARE STRUCTURE BMP SNOUT BAFFLE 54R D13 FOR 36"PIPE AND EA 2 $460.00 $920.00 ROUND STRUCTURE BMP SNOUT BAFFLE 54F D14 FOR 36"PIPE AND EA 2 $460.00 $920.00 SQUARE STRUCTURE FRAME AND GRATE USF 5129-6176 FOR CURB D15 EA 10 $680.00 $6,800.00 INLET OR CNMB APPROVED EQUAL HINGED FRAME AND GRATE USF 4700-6223 D16 FOR PARKING LOT EA 15 $675.00 $10,125.00 CATCH BASIN INLET OR CNMB APPROVED EQUAL FRAME AND GRATE USF D17 5112-6143 FOR VALLEY EA 10 $650.00 $6,500.00 GUTTER INLET OR CNMB APPROVED EQUAL RETICULINE DITCH BOTTOM INLET STEEL D18 EA 5 $650.00 $3,250.00 GRATE USF 6657 OR CNMB APPROVED EQUAL GROUP D STORMWATER DRAINAGE See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT UrIT PR CE ANNUAL BID EXTENDED AMOUNT QUANTITY RETICULINE DITCH D19 BOTTOM INLET STEEL EA 5 $675.00 $3,375.00 GRATE USF 6645 OR CNMB APPROVED EQUAL FRAME AND GRATE USF D20 6210 OR CNMB EA 5 $660.00 $3,300.00 APPROVED EQUAL FRAME AND GRATE USF 6212 FOR TYPE C 24"X D21 EA 5 $675.00 $3,375.00 37"CB OR CNMB APPROVED EQUAL FRAME AND GRATE USF D22 6610 OR CNMB EA 5 $660.00 $3,300.00 APPROVED EQUAL FRAME AND GRATE USF D23 6611 OR CNMB EA 5 $650.00 $3,250.00 APPROVED EQUAL USF 420 MANHOLE RING AND EV COVER 20-5/8" D24 EA 5 $700.00 $3,500.00 OPENING WITH CITY SEAL USF 1120 MANHOLE RING AND T COVER 34-1/4" D25 OPENING WITH CITY EA 5 $725.00 $3,625.00 SEAL D26 15-INCH DIAMETER SOLID LF 60 $50.00 $3,000.00 HDPE PIPE 18-INCH DIAMETER SOLID D27 LF 40 $55.00 $2,200.00 HDPE PIPE GROUP D STORMWATER DRAINAGE See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT UNIT PRICE EXTENDED ANNUAL BID EXTNDED AMOUNT QUANTITY D28 24-INCH DIAMETER SOLID $65.00 HDPE PIPE LF 40 $2,600.00 D29 30-INCH DIAMETER SOLID HDPE PIPE LF 40 $70.00 $2,800.00 D30 36-INCH DIAMETER SOLID LF 60 $80.00 HOPE PIPE $4,800.00 15-INCH DIAMETER SOLID D31 CORRUGATED ALUMINUM LF 100 $50.00 $5,000.00 PIPE 18-INCH DIAMETER SOLID D32 CORRUGATED ALUMINUM LF 60 $55.00 $3,300.00 PIPE 24-INCH DIAMETER SOLID D33 CORRUGATED ALUMINUM LF 100 $65.00 $6,500.00 PIPE 30-INCH DIAMETER SOLID D34 CORRUGATED ALUMINUM LF 40 $70.00 $2,800.00 PIPE 36-INCH DIAMETER SOLID D35 CORRUGATED ALUMINUM LF 60 $80.00 $4,800.00 PIPE D36 15-INCH DIAMETER SOLID LF 60 $70.00 $4,200.00 FRCP PIPE GROUP D STORMWATER DRAINAGE See Bid Specification Section of this Contract for additional details. ESTIMATED TELL No DESCRIPTION UNIT UNIT PRICE ANNUAL RID EXTENDED AMOUNT QUANTITY 18-INCH DIAMETER SOLID D37 FRCP PIPE LF 40 $75.00 $3,000.00 D38 24-INCH DIAMETER SOLID LF 60 $80.00 $4,800.00 FRCP PIPE D39 30-INCH DIAMETER SOLID 40 FRCP PIPE $84.00 $3,360.00 D40 36-INCH DIAMETER SOLID 60 $90.00 $5,400.00 FRCP PIPE FDOT TYPE-C CATCH BASIN 24"X 37"WITH 2- D41 FOOT SUMP CONCRETE EA 15 $3,000.00 $45,000.00 DRAINAGE STRUCTURE UP TO 60"DEEP ADDITIONAL COST PER FOOT OF DEPTH FOR D42 FDOT TYPE-C CATCH 5 BASIN 24"X 37"WITH 2- $300.00 $1,500.00 FOOT SUMP CONCRETE DRAINAGE STRUCTURE 36"SQUARE OR ROUND TYPE-C OR D WITH 2- D43 FOOT SUMP&TOP SLAB EA 6 $3,600.00 $21,600.00 UP TO 60"DEEP FOR CB OR MH ADDITIONAL COST PER FOOT OF DEPTH FOR 36" D44 SQUARE OR ROUND EA 2 $350.00 $700.00 TYPE-C OR D WITH 2- FOOT SUMP&TOP SLAB OVER 60"DEEP FOR CB 42"SQUARE OR ROUND TYPE-C OR D WITH 2- D45 FOOT SUMP&TOP SLAB EA 4 $3,900.00 $15,600.00 UP TO 60"DEEP FOR CB OR MH GROUP D STORMWATER DRAINAGE See Bld Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT UNIT PRICE ANNUAL BID EXTENDED ArJOUNT QUANTITY • II DITIONAL COST PER FOOT OF DEPTH FOR 42" SQUARE OR ROUND D46 EA 2 $400.00 $800.00 TYPE-C OR D WITH 2- FOOT SUMP&TOP SLAB OVER 60"DEEP FOR CB 48"SQUARE OR ROUND TYPE-C OR D WITH 2- D47 FOOT SUMP&TOP SLAB EA 4 $4,400.00 $17,600.00 UP TO 60"DEEP FOR CB OR MH DITIONAL COST PER FOOT OF DEPTH FOR 48" D48 SQUARE OR ROUND EA 2 $450.00 $900.00 TYPE-C OR D WITH 2- FOOT SUMP&TOP SLAB OVER 60"DEEP FOR CB 60"SQUARE OR ROUND TYPE-C OR D WITH 2- D49 FOOT SUMP&TOP SLAB EA 5 $4,800.00 $24,000.00 UP TO 60"DEEP FOR CB OR MH DDITIONAL COST PER FOOT OF DEPTH FOR 60" D50 SQUARE OR ROUND EA 2 $470.00 $940.00 TYPE-C OR D WITH 2- FOOT SUMP&TOP SLAB OVER 60"DEEP FOR CB 48"SQUARE OR ROUND TYPE-P OR J,3.5-FOOT D51 SUMP WITH TOP SLAB UP EA 4 $4,850.00 $19,400.00 O 72"DEEP FOR FRENCH DRAIN ADDITIONAL COST PER FOOT OF DEPTH FOR 48" D52 SQUARE OR ROUND EA 2 $450.00 $900.00 -E-P OR J,3.5-FOOT SUMP WITH TOP SLAB OVER 72"DEEP FOR 60"SQUARE OR ROUND PE-P OR J,3.5-FOOT D53 SUMP WITH TOP SLAB UP EA 5 $5,270.00 $26,350.00 TO 72"DEEP FOR FRENCH DRAIN • 'DITIONAL COST PER FOOT OF DEPTH FOR 60" D54 SQUARE OR ROUND EA 2 $470.00 $940.00 TYPE-P OR J,3.5-FOOT SUMP WITH TOP SLAB OVER 72"DEEP FOR GROUP D STORMWATER DRAINAGE See Bid Specification Section of this Contract for additional details. ESTIMATED TEPM NO DESCRIPTION UNIT UNIT PRICE ANNUAL BID EXTENDED AMOUNT QUANTITY 72"SQUARE OR ROUND TYPE-P OR J,3.5-FOOT D55 SUMP WITH TOP SLAB UP EA 1 $5,276.00 $5,276.00 TO 72"DEEP FOR FRENCH DRAIN ADDITIONAL COST PER FOOT OF DEPTH FOR 72" D56 SQUARE OR ROUND EA 1 $470.00 $470.00 TYPE-P OR J,3.5-FOOT SUMP WITH TOP SLAB OVER 72"DEEP FOR CONNECTION TO EXISTING STRUCTURE D57 INCLUDING CORE EA 1 $550.00 $550.00 DRILLING OF STRUCTURE 6-INCH OR LESS DIAMETER PIPE CONNECTION TO EXISTING STRUCTURE D58 INCLUDING CORE EA 1 $550.00 $550.00 DRILLING OF STRUCTURE 8-INCH DIAMETER PIPE CONNECTION TO EXISTING STRUCTURE D59 INCLUDING CORE EA 1 $570.00 $570.00 DRILLING OF STRUCTURE 10-INCH DIAMETER PIPE CONNECTION TO EXISTING STRUCTURE D60 INCLUDING CORE EA 1 $600.00 $600.00 DRILLING OF STRUCTURE 12-INCH DIAMETER PIPE CONNECTION TO EXISTING STRUCTURE D61 INCLUDING CORE EA 5 $675.00 $3,375.00 DRILLING OF STRUCTURE 15-INCH DIAMETER PIPE CONNECTION TO EXISTING STRUCTURE D62 INCLUDING CORE EA 2 $720.00 $1,440.00 DRILLING OF STRUCTURE 18-INCH DIAMETER PIPE CONNECTION TO EXISTING STRUCTURE D63 INCLUDING CORE EA 2 $800.00 $1,600.00 DRILLING OF STRUCTURE 24-INCH DIAMETER PIPE GROUP D STORMWATER DRAINAGE See Bid Specification Section of this Contract for additional details. ESTIMATED ITEM NO DESCRIPTION UNIT UNIT PRICE ANNUAL BID EXTENDED AMOUNT QUANTITY CONNECTION TO EXISTING STRUCTURE D64 INCLUDING CORE EA 5 $1,000.00 $5,000.00 DRILLING OF STRUCTURE 36-INCH DIAMETER PIPE VACUUM TRUCK D65 CLEANING OF EXISTING PER HR 1 $175.00 $175.00 DRAINAGE STRUCTURES VACUUM TRUCK D66 CLEANING OF EXISTING PER HR 1 $175.00 $175.00 DRAINAGE PIPES COMPRESSED AIR LIFT CLEAN,REMOVE AND D67 DISPOSE SEDIMENTS OR SLUDGE AND PER HR 1 $300.00 $300.00 REHABILITATE EXISTING DRAINAGE WELL. (24"TO TOTAL BID FOR GROUP "D"-ITEMS D1 THROUGH D67 INCLUSIVE: Total $493,311.00 Bidder: Arrow Asphalt& Engineering,INC. Bid 2016-04 r�o ,,r:1c:uNT 4-INCH WIDE WHITE, El YELLOW,GREEN OR LF 2,000 $0.65 $1,300.0• BLUE THERMOPLASTIC 6-INCH WIDE WHITE, E2 YELLOW,GREEN OR LF 1,000 $0.74 $740.01 BLUE THERMOPLASTIC 8-INCH WIDE WHITE, E3 YELLOW,GREEN OR LF 250 $1.10 $275.0• BLUE THERMOPLASTIC 10-INCH WIDE WHITE, E4 YELLOW,GREEN OR LF 250 $2.00 $500.00 BLUE THERMOPLASTIC 12-INCH WIDE WHITE, E5 YELLOW,GREEN OR LF 500 $2.30 $1,150.00 BLUE THERMOPLASTIC 18-INCH WIDE WHITE, E6 YELLOW,GREEN OR LF 250 $3.60 $900.11 BLUE THERMOPLASTIC 24-INCH WIDE WHITE, E7 YELLOW,GREEN OR LF 500 $5.00 $2,500.11 BLUE THERMOPLASTIC 12-INCH WIDE ARROW, E8 WHITE,YELLOW, EA 20 $85.00 $1,700.81 GREEN OR BLUE THERMOPLASTIC LETTERING PER LETTER,LESS THAN 12" E9 HIGH,WHITE,YELLOW, EA 25 $14.00 $350.00 GREEN OR BLUE THERMOPLASTIC LETTERING PER LETTER,BETWEEN 12"- E10 24"HIGH,WHITE, EA 30 $28.00 $840.00 YELLOW,GREEN OR BLUE THERMOPLASTIC HANDICAP 5'WIDE AND 16'-18'LONG ACCESS El1 AISLE PAVEMENT EA 20 $75.00 $1,500.00 MARKING THERMOPLASTIC ITEM LESCFI CT, UNI1 P �E EXTENDED iD GuNT HANDICAP SYMBOL E12 PAVEMENT MARKING EA 20 $60.00 $1,200.00 THERMOPLASTIC HANDICAP SYMBOL IN BLUE 4'X 4' E13 BACKGROUND EA 20 $90.00 $1,800.00 PAVEMENT MARKING THERMOPLASTIC 4-INCH WIDE WHITE, E14 YELLOW,GREEN OR LF 2,000 $0.40 $800.00 BLUE LATEX 6-INCH WIDE WHITE, E15 YELLOW,GREEN OR LF 2,000 $0.45 $900.00 BLUE LATEX 8-INCH WIDE WHITE, E16 YELLOW,GREEN OR LF 250 $0.55 $137.50 BLUE LATEX 10-INCH WIDE WHITE, E17 YELLOW,GREEN OR LF 250 $0.70 $175.00 BLUE LATEX 12-INCH WIDE WHITE, E18 YELLOW,GREEN OR LF 500 $0.78 $390.00 BLUE LATEX 18-INCH WIDE WHITE, E19 YELLOW,GREEN OR LF 250 $0.90 $225.00 BLUE LATEX 24-INCH WIDE WHITE, E20 YELLOW,GREEN OR LF 500 $1.00 $500.00 BLUE LATEX 12-INCH WIDE ARROW, E21 WHITE,YELLOW, LF 20 $25.00 $500.00 GREEN OR BLUE LATEX LETTERING PER E22 LETTER,LESS THAN 12" EA 20 $5.00 $100.00 HIGH,WHITE,YELLOW, GREEN OR BLUE LATEX I T EG:�N`� EL FR TIn pi,IT GT'Y UF; I,-F- E EXTLNDEE BID F,IO AT LETTERING PER LETTER,BETWEEN 12"- E23 24"HIGH,WHITE, EA 30 $6.00 $180.00 YELLOW,GREEN OR BLUE LATEX HANDICAP 5'WIDE AND E24 16'-18'LONG ACCESS EA 20 $40.00 $800.00 AISLE PAVEMENT MARKING LATEX HANDICAP SYMBOL E25 PAVEMENT MARKING EA 20 $25.00 $500.00 LATEX HANDICAP SYMBOL IN BLUE 4'X4' E26 BACKGROUND EA 20 $40.00 $800.00 PAVEMENT MARKING LATEX E27 REFLECTIVE PAVEMENT EA 100 $10.00 $1,000.00 MARKERS(RPM) REFLECTIVE E28 DELINEATOR MARKERS EA 50 $95.00 $4,750.00 (TUBE OR PANEL) E29 BABY CARRIAGE SIGN& 5 $175.00 $875.00 POST IN CONCRETE BABY CARRIAGE SIGN& E30 POST IN EA 2 $165.00 $330.00 ASPHALT/GROUND E31 BABY CARRIAGE SIGN& 5 $100.00 $500.00 POST WALL MOUNTED E32 CONCRETE EA 50 $34.00 $1,700.00 WHEELSTOP E33 CONCRETE EA 50 $4.50 $225.00 WHEELSTOP(PAINTED) UNIT QTY T=R'T FAT.',DE_Li 610 �i.'GUNT E34 HANDICAP SIGN-POST EA 20 $175.00 $3,500.00 IN CONCRETE E35 HANDICAP SIGN-POST EA 20 $165.00 $3,300.00 IN ASPHALT/GROUND E HANDICAP SIGN-WALL EA 5 $100.00 $500.00 MOUNTED IIIVri A 1 UI/°OYICT-L CONCRETE FILLED E37 DUCTILE PIPE PAINTED EA 20 $325.00 $6,500.00 BOLLARD©2'DEEP 8" DIA CONCRETE Fni wnATIr*J SEALCOATING E38 INCLUDING SWEEPING SY 1,000 $2.00 $2,000.00 AND DEGREASING UP TO 3000 SF PER JOB SEALCOATING INCLUDING SWEEPING E39 AND DEGREASING SY 2,000 $1.20 $2,400.00 FROM 3000-10,000 SF PER JOB SEALCOATING INCLUDING SWEEPING E40 AND DEGREASING SY 4,000 $1.10 $4,400.00 FROM 10,000-20,000 SF PER JOB SEALCOATING INCLUDING SWEEPING E41 AND DEGREASING SY 6,000 $1.05 $6,300.00 FROM 20,000-50,000 SF PER JOB UP SEALCOATING INCLUDING SWEEPING E42 AND DEGREASING SY 8,000 $1.00 $8,000.00 FROM 50,000 SF PER JOB TOTAL BID FOR GROUP"E"-ITEMS El THROUGH E42 INCLUSIVE: Total $67,042.50 Bidder: Arrow Asphalt& Engineering,INC.Bid 2016-04 GROUP F See Bid Specification Section of this contract for additional details. 11E10 NO. DESCRiPTiON UNIT QTY UNIT PRICE EXTENDED BID AMOUNT =7= CADE - I . AND Fl SIGNS MORE THAN 5 UNITS EA 150 $30.00 $4,500.00 PER DAY F2 oruaNn+rwC I T rC ui Lo-rvv I EA 20 $20.00 $400.00 ANC.n PFR r]AY F3 PLASTIC DRUMS PER DAY EA 20 $8.50 $170.00 F4 JERSEY WALL CONCRETE OR 10 $25.00 $250.00 WATER FILLED PER DAY TRAILER MOUNTED F5 ELECTRONIC ARROW BOARD EA 10 $40.00 $400.00 PER DAY TRAILER MOUNTED F6 ELECTRONIC READER BOARD EA 10 $60.00 $600.00 PER DAY F7 FLAGMAN PER HOUR EA 10 $45.00 $450.00 PLASTIC ORANGE SAFETY FENCING WITH 3/4"SUPPORT F8 REBARS AND PLASTIC LF 500 $4.25 $2,125.00 SAFETY CAP @ MAXIMUM 10' O.C.(WHERE APPLICABLE) F9 PLASTIC ORANGE SAFETY 500 $2.60 $1,300.00 CONES PER DAY F10 TRAFFIC STEEL PLATE EA 10 $45.00 $450.00 TOTAL BID FOR GROUP"F"-ITEMS F1 THROUGH F10 INCLUSIVE: Total $10,645.00 Bidder: Arrow Asphalt&Engineering,INC.Bid 2016-04 GROUP G WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES See Bid Specification Section of this Contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE EXTENDED BID AMOUNT 4 FEET DEEP PRECAST MANHOLE FOR BUTTERFLY VALVE 30 INCHES IN DIAMETER OR LARGER PER MIAMI- DADE COUNTY PUBLIC WORKS MANUAL,PART III, DETAIL NO. G1 EA 4 4500.00 18000.00 WS 3.14.WITH FRAME AND COVER ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST MANHOLE FOR BUTTERFLY VALVE 30 G2 INCHES IN DIAMETER OR LARGER PER 2 $400.00 $800.00 MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III, DETAIL NO.WS 3.14. WITH FRAME AND COVER GREATER THAN 4 FEET DEEP TYPE"A"MANHOLE FRAME AND G3 COVER PER MIAMI-DADE COUNTY 12 $650.00 $7,800.00 PUBLIC WORKS MANUAL, PART III, DETAIL NO.SS 4.0. CONCRETE PRECAST STANDARD SEWER MANHOLE 5 FEET DEEP WITH FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL, PART III,DETAIL NO.SS 6.0- ca I 14 son 00 s13 son 00 GROUP G WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES See Bid Specification Section of this Contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE EXTENDED BID AMOUNT 6.2. EA ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST STANDARD SEWER MANHOLE WITH FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS G5 EA 2 400 $800.00 MANUAL,PART III,DETAIL NO.SS 6.0- 6.2.GREATER THAN 5 FEET DEEP 4 FEET DEEP OR LESS CONCRETE PRECAST SHALLOW MANHOLE FRAME G6 AND COVER PER MIAMI-DADE COUNTY EA 3 4000 $12,000.00 PUBLIC WORKS MANUAL,PART III, DETAIL NO.SS 7.0. 4 FEET DEEP OR LESS CONCRETE PRECAST DROP CONNECTION MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III,DETAIL NO.SS G7 EA 2 4500 $9,000.00 9.0. GROUP G WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES See Bid Specification Section of this Contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE EXTENDED BID AMOUNT ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST DROP CONNECTION MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL, G8 EA 2 400 $800.00 PART III, DETAIL NO.SS 9.0.GREATER THAN 4 FEET DEEP 4 FEET DEEP OR LESS CONCRETE PRECAST CHECK VALVE MANHOLE G9 FRAME AND COVER PER MIAMI-DADE EA 3 4500 $13,500.00 COUNTY PUBLIC WORKS MANUAL, PART III, DETAIL NO.SS 15.0. ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST CHECK VALVE MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART G10 EA 2 400 $800.00 III,DETAIL NO.SS 15.0.GREATER THAN 4 FEET DEEP GROUP G WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES Sae Bid Specification Section of this Contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE EXTENDED BID AMOUNT 4 FEET DEEP OR LESS CONCRETE PRECAST PLUG VALVE AND CHECK G11 VALVE MANHOLE FRAME AND COVER 2 4500 $9,000.00 PER MIAMI-DADE COUNTY PUBLIC WORKS MANUAL,PART III,DETAIL NO. SS 16.0. ADDITIONAL COST PER FOOT OF DEPTH FOR CONCRETE PRECAST PLUG VALVE AND CHECK VALVE MANHOLE FRAME AND COVER PER MIAMI-DADE COUNTY PUBLIC G12 EA 2 400 $800.00 WORKS MANUAL,PART III,DETAIL NO. SS 16.0.GREATER THAN 4 FEET DEEP 4 FEET DEEP OR LESS,5 FEET WIDE X 5 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G13 PRECAST STRUCTURE AND NON- G13 4200 $8,400.00 TRAFFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) ADDITIONAL COST PER FOOT OF DEPTH FOR A 5 FEET WIDE X 5 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G14 PRECAST STRUCTURE AND NON- G14 4600 $9,200.00 TRAFFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP GROUP G WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES See Bid Specification Section of this Contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE EXTENDED BID AMOUNT 4 FEET DEEP OR LESS,5 FEET WIDE X 6 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G15 PRECAST STRUCTURE AND NON- G15 4600 $9,200.00 TRAFFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) DOI(TONAL COST PER FOOT OF DEPTH FOR A 5 FEET WIDE X 6 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G16 PRECAST STRUCTURE AND NON- G16 600 $1,200.1. TRAFFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP 4 FEET DEEP OR LESS,6 FEET WIDE X 6 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G17 PRECAST STRUCTURE AND NON- G17 4600 $9,200.00 TRAFFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) ADDI IIONAL GUST PER FOOT OF DEPTH FOR A 6 FEET WIDE X 6 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G18 PRECAST STRUCTURE AND NON- G18 600 $1,200.• - FFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP 4 FEET DEEP OR LESS,6 FEET WIDE X 8 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G19 PRECAST STRUCTURE AND NON- G19 5000 $10,000.00 TRAFFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH) GROUP G WATER DISTRIBUTION,WASTEWATER COLLECTION STRUCTURES&APPURTENANCES Sea Bid Specification Section of this Contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE EXTENDED BID AMOUNT Is • • to - - •e • DEPTH FORA 6 FEET WIDE X 8 FEET LONG WITH 8 INCH THICK REINFORCED WALL,CONCRETE G20 PRECAST STRUCTURE AND NON- G20 700 $1,400.00 TRAFFIC GALVANIZED CHECKERED STEEL COVER WITH 4 FEET X 4 FEET HINGED DOUBLE ACCESS HATCH AND LOCK(FLUSH)GREATER THAN 4 FEET DEEP TOTAL SID FOR GROUP"G" -ITEMS GI THROUGH G20 Total I$136,600.00 Bidder. Arrow Asphalt&Engineering, INC. Bid 2016-04 GROUP H CONCRETE SIDEWALK GRINDING See Bid Specification Section of this contract for additional details. ITEM NO. DESCRIPTION UNIT QTY UNIT EXTENDED PRICE BID AMOUNT CONCRETE SIDEWALK GRINDING TO MEET ADA REQUIREMENTS. H1 CALCULATED AT AVERAGE EA 500 $50.00 $25,000.00 HALF(1/2)INCH THICK INCREMENT FOR 4 FEET WIDE SIDEWALK CONCRETE SIDEWALK GRINDING TO MEET ADA REQUIREMENTS. H2 CALCULATED AT AVERAGE EA 1,000 $60.00 $60,000.00 HALF(1/2)INCH THICK INCREMENT FOR 5 FEET WIDE SIDEWALK TOTAL BID FOR GROUP"I"- ITEMS H1 THROUGH H2 Total $ - $85,000.00 Bidder: Arrow Asphalt&Engineering,INC. Bid 2016-04