HomeMy WebLinkAboutSpecifications
STORM WATER CATCH BASIN CLEANING &
LINE JETTING
BID SPECIFICATIONS
Invitation to Bid No. 11-04-03
OF SUN
Publish Date:
April 29, 2011
Pre-Bid Conference:
Intentionally Omitted
Bid Due and Bid Opening Date:
May 25, 2011 at 10:00 AM
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
SECTION 1
TABLE OF CONTENTS
Table of Contents
Legal Advertisement/Notice to Bidder
Instructions to Bidder / General Terms
Special Terms & Conditions
Scope of Work / Technical Specifications
Bid Form
Affidavits
Non-Collusive Affidavit
Public Entity Crimes
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
Attachments
Map
PAGE 2 OF 28
BID No. 11-04-03
Section 1
Section 2
Section 3
Section 4
Page 2
Page 3
Page 4
Page 16
Page 21
Page 23
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Page 2 of 7
Page 4 of 7
Page 5 of 7
Page 6 of 7
Page 7 of 7
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following
work as specified.
STORM WATER CATCH BASIN CLEANING & LINE JEITING
Invitation to Bid No. 11-04-03
The Bid Specifications for this Invitation to Bid are available from DemandStar by calling (800) 711-
1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be
examined at the City of Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the Bid
Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned
that their Bid response package may be incomplete. Addenda will be posted and disseminated by
DemandStar at least five days prior to the submittal date to all vendors who are listed on the official
list. The City may not accept incomplete Bids.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received
by the City Clerk no later than 10:00 AM. on Wednesday, May 25, 2011 at the Sunny Isles Beach
Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids
received after this time will not be considered. The City is under no obligation to return Bids. Timely
submitted Bids will be opened publicly and read aloud at this time.
The envelope containing the sealed Bid must be clearly marked:
"IMPORTANT, BID ENCLOSED"
Bid No. 11-04-03
STORM WATER CATCH BASIN CLEANING & LINE JEITING
OPENING DATE AND TIME: Wednesday, May 25, 2011 at 10:00 AM
The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors
and informalities, and to accept the Bid, which best serves the interest of, and represents the best
value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances
of the City of Sunny Isles Beach.
All questions regarding Invitation to Bid No. 11-04-03 shall be directed in writinq to Jane A. Hines,
CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be
submitted via email to: JHines(Ci)sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane
A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL
33160.
Jane Hines, CMC, City Clerk
City of Sunny Isles Beach
PAGE 3 OF 28
BID No. 11-04-03
SECTION 1
INSTRUCTIONS TO BIDDER I GENERAL TERMS AND CONDITIONS
TO INSURE ACCEPTANCE OF YOUR BID, PLEASE FOLLOW THESE INSTRUCTIONS:
1.1 Clarification/Explanation/Questions: Any
questions concerning the Bid Specifications or any required
need for clarification must be made to Jane A. Hines, CMC, City
Clerk via email to: JHines(cllsibfl.net or via facsimile (305) 792-
1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City
of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach,
FL 33160. Such requests for clarification/explanation or
questions must be made in writing to Jane A. Hines, CMC, City
Clerk, at least five (5) business days prior to the date of the Bid
opening. Interpretations or clarifications considered necessary
by the City will be issued by addenda and posted/disseminated
by DemandStar (www.demandstar.com) to all parties listed on
the official plan holders' list as having received the Bid
documents. Only questions answered by written addenda shall
be binding. Oral interpretations or clarifications shall be without
legal effect. No plea of ignorance or delay or required need of
additional information shall exempt a Proposers from submitting
their Bid on the required date and time as publicly noted.
1.2 Plan holder's List: As a convenience to vendors,
the City of Sunny Isles Beach has made available via internet
lists of all plan holders for each invitation to Bid, Invitation to
Bid, and request for qualifications. The information is available
on-line at www,demandstar.com or by calling the Office of the
City Clerk at (305) 792-1703.
1.3 Addenda to Specifications: If any addenda are
issued after the initial specifications are released, the City will
post and disseminate the addenda through DemandStar. For
those projects with separate plans, blue prints, or other
materials that cannot be accessed through the internet, the
Office of the City Clerk will make good faith effort to ensure
that all registered proposers (those who have been registered
as receiving a Bid package) receive the documents. It is the
responsibility of the vendor prior to the submission of any Bid to
check the above website or contact the Office of the City Clerk
at (305) 792-1703 to verify any addenda issued. The receipt of
all addenda must be acknowledged on the Bid Response Sheet.
1.4 Special Accommodations: Any person requiring a
special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ
opening because of a disability should call the Office of the City
Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-
Bid Conference or Bid/RFP/RFQ opening. If you are hearing or
speech impaired, please contact the Office of the City Clerk by
calling the City of Sunny Isles Beach using the Florida Relay
Service which can be reached at 1(800) 955-8771 (TDD).
1.5 Public Entity Crimes Statement: Pursuant to the
provisions of paragraph (2) (a) of section 287.133, Florida
statutes _na person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity
crime mav not submit a Bid on a contract to provide any goods
or services to a public entity, may not submit a Bid on a
contract with a public entity for the construction or repair of a
public building or public work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform
work as a Contractor, supplier, sub-Contractor, or consultant
under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold
PAGE 4 OF 28
BID No. 11-01-01
amount provided in section 287.107, for category two for a
period of 36 months from the date of being placed on the
convicted vendor list".
1.6 Bid Deadline: Bids must be submitted no later than the
time and date shown within this document.
1.7 Sealed Bid: The entire Bid Response Package shall be
placed in an opaque envelope (with all items listed on the Bid
checklist form and all other items required within this Invitation
to Bid must be executed) and submitted in a sealed envelope.
Proposers shall use the Bid Forms fumished in this Invitation to
Bid. Failure to do so may cause the Bid to be rejected.
Proposers shall deliver to the City, as Bid submission:
1.7.1 Bid Response Sheet and Forms: One (1) original
and four (4) copies of all Bid Forms and other
requested information on the proper forms and
in the manner herein prescribed.
1.7.2 Bid Security/Bonding Requirements: Bid
Security in the form of a cashier's check or
approved Bid Bond in the amount of five percent
(5%) of the total amount of the base Bid must
be attached to the front inside cover of the Bid
Specifications. A company or personal check
shall not be deemed a valid Bid Security.
1.7.3 Certificates of Competencies/Licenses/Local
Business Tax Receipt: Copies of all Certificates
of Competencies, Licenses, and Local Business
Tax Receipt.
1.7.4 Certificate(s) Of Insurance(s): Copies of all
Certificates of Insurance naming the City as an
additional insured in the amounts specified in
the Contract.
1.8. Bid Execution, Signatures, Erasure/Correction: All
Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by
the proposers. No changes or corrections will be allowed after
Bids are opened. Bids must contain an original, manual
signature of an authorized representative of the company.
1.9 Withdrawal of Bids: Proposers may withdraw Bids only
by written request and shall forward the withdrawal request via
"Certified u.s. Mail - Return Receipt Requested" prior to the Bid
opening time. Negligence on the part of the Proposers in
preparing the Bid confers no right for the withdrawal of the Bid
after it has been opened.
1.10. Bid Opening: Bids will be opened publicly at the time
and place stated in the Notice to Bidder. It is the responsibility
of the proposers to insure that the Bid reaches the Office of the
City Clerk on or before the closing hour and date stated on the
invitation to Bid. After the Bid opening, the contents of the Bid
Form will be made public for the information of vendors and
other interested parties who may be present either in person or
by representative. Bids that are received after the Bid opening
time will not be considered and will not be returned.
1.11 Evaluation of Bids: The City, at its sole discretion,
reserves the right to inspect any/all Proposers facilities to
determine their capability of meeting the requirements for the
Contract. Also, price, responsibility, and responsiveness of the
Proposers, the financial position, experience, staffing,
equipment, materials, references, and past history of service to
the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be
taken into consideration in the Award of the Contract.
Hold Harmless: All Proposer's shall hold the
City, it's officials and employees harmless and
covenant not to sue the City, it's officials and
employees in reference to their decisions to
reject, award, or not award a Bid, as applicable.
Cancellation: Failure on the part of the
Proposers to comply with the conditions,
specifications, requirements, and terms as
determined by the City, shall be just cause for
cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question
of fact arises under the Contract, other than
termination for default or convenience, the
Contractor and the City department responsible
for the administration of the Contract shall make
a good faith effort to resolve the dispute. If the
dispute cannot be resolved by agreement, then
the department with the advice of the City
Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor,
which shall be binding on both parties.
1.12 Agreement: After the Bid award, the City will, at its
option, prepare an Agreement specifying the terms and
conditions resulting from the award of this Bid. The vendor will
have ten (10) calendar days after notification of the award by
the City to execute the Agreement and provide the required .
Performance Bond.
1.11.1
1.11. 2
The Proposers who has the Contract awarded to them and who
fails to execute the Agreement and furnish the Performance
Bond and Insurance Certificates within the specified time shall
forfeit the Bid Security that accompanied their Bid, and the Bid
Security shall be retained as liquidated damages by the City,
and it is agreed that this sum is a fair estimate of the amount of
damages the City will sustain in case the Proposers fails to
enter into the Contract and furnish the Bonds as herein before
provided. Bid Security deposited in the form of a cashier's check
drawn on a local bank in good standing shall be subject to the
same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and
contingent upon the availability of funds lawfully expendable for
the purposes of the agreement for the current and any future
periods provided for within the Bid specifications.
1.13 Independent Contractor Status: The contractor
shall at all times, relevant to this contract, be an independent
contractor and in no event shall the Contractor nor any
employees or sub-contractors under it be considered to be
employees of the City of Sunny Isles Beach.
1.14 Payments: Payment will be made after
commodities/services have been received, accepted, and
properly invoiced as indicated in the contract and/or purchase
order. Invoices must bear the purchase order number.
1.1S Brand Names: If a brand name, make, of any "or
PAGE 5 OF 28
BID No. 11-01-01
equal" manufacturer trade name, or vendor catalog is
mentioned whether or not followed by the words "approved
equal" it is for the purpose of establishing a grade or quality of
material only. Vendor may offer equals with appropriate
identification, samples, and/or specifications on such item(s).
The City shall be the sole judge concerning the merits of items
Bid as equals.
1.16 Material: Material(s) delivered to the City under this
Bid shall remain the property of the seller until accepted to the
satisfaction of the City. In the event materials supplied to City
are found to be defective or do not conform to specifications,
the City reserves the right to return the product(s) to the seller
at the seller's expense.
1.17 Samples: Samples of items, when required, must
be furnished by the Proposers free of charge to the City. Each
individual sample must be labeled with the Proposers name and
manufacturer's brand name and delivered by them within ten
(10) calendar days of Proposers receipt of the "Notice to
Proceed", unless schedule indicates a different time. If samples
are requested subsequent to the Bid opening, they should be
delivered within ten (10) calendar days of the request. The City
will not be responsible for returning samples.
1.18 Quantity Guaranty: No guarantee or warranty is
given or implied by the City as to the total amount that mayor
may not be purchased from any resulting Contract or Award.
These quantities are for Bid purposes only and will be used for
tabulation and presentation of the Bid. The City reserves the
right to increase or decrease quantities as required, even
significantly. The prices offered herein and the percentage rate
of discount applies to other representative items not listed in
this Bid.
1.19 Governmental Restrictions on Materials: In the
event any governmental restrictions may be imposed which
would necessitate alteration of the material quality,
workmanship, or performance of the items offered on this Bid
prior to their delivery, it shall be the responsibility of the
successful Proposers to notify the City at once, indicating in
their letter the specific regulation which required an alteration.
The City of Sunny Isles Beach reserves the right to accept any
such alteration, including any price adjustments occasioned
thereby, or to cancel at no further expense to the City.
1.20 Safety Standards: the Proposers warrants that the
product(s) supplied to the City conforms in all respects to the
standards set forth in the occupational safety and health act
(OSHA) and its amendments. Bids must be accompanied by a
materials data safety sheet (MSDS) when applicable.
1.21. Warranties: Successful Proposers shall act as agent
for the City in the follow-up and compliance of all items under
Warranty/Guarantee and complete all forms for
Warranty/Guarantee coverage under this Contract. Proposers
warrants by signature on the Bid Form that prices quoted here
are in conformity with the latest Federal Price Guidelines.
1.22 Copyrights/Patent Rights: Proposers warrants
that there has been no violation of copyrights or patent rights in
manufacturing, producing or selling of goods shipped or
ordered, as a result of this Bid. The seller agrees to indemnify
City from any and all liability, loss, or expense occasioned by
any such violation.
1.23 Local Business Tax (Occupational License
Registration): The contractor shall be responsible for
obtaining and maintaining throughout the contract period his or
her city and county local business tax receipts. Each vendor
submitting a Bid on this Invitation to Bid shall include a copy of
the company's local business tax/occupational Iicense(s) with
the Bid reSDonse. For information specific to City of Sunny Isles
Beach local business tax/occupational licenses, please call Code
Enforcement & Licensing at (305) 792-1705. If the contractor
is operating under a fictitious name as defined in Section
865.059, Florida Statutes, proof of current registration with the
Florida Secretary of State shall be submitted with the Bid. A
business formed by an attorney actively licensed to practice law
in this state, by a person actively licensed by the Department of
Business and Professional Regulations or the Department of
Health for the purpose of practicing his or her licensed
profession, or by any corporation, partnership, or other
commercial entity that is actively organized or registered with
the Department of State shall submit a copy of the current
licensing from the appropriate agency and/or proof of current
active status with the Division of Corporations of the State of
Florida.
1.24 Liability, Insurance, Permits and Licenses:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, penmits, inspections, and
insurance required. The Proposers shall be liable for any
damages or loss to the City occasioned by negligence of the
Proposers (or their agent) or any person the Proposers has
designated in the completion of their contract as a result of the
Bid. Contractor shall be required to furnish a copy of all
licenses, certificates of competency or other licensor
requirements necessary to practice their profession as required
by Florida State Statute, current building code, Miami-Dade
County, and City of Sunny Isles Beach Code. Contractors shall
include current Miami-Dade County Certificates of Competency.
These documents shall be furnished to the City along with the
Bid reSDonse. Failure to furnish these documents or to have
required licensor will be grounds for rejecting the Bid and
forfeiture of the Bid Bond.
1.25 Certificate(s) of Insurance: Proposers shall
furnish to the Office of the City Clerk, City of Sunny Isles Beach,
18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
certificate(s) of insurance which indicate that insurance
coverage has been obtained from an insurance company
authorized to do business in the State of Florida or otherwise
secured in a manner satisfactory to the City, for those coverage
types and amounts listed in this document, in an amount equal
to 100% of the requirements and shall be presented to the City
prior to issuance of any Contract(s) or Award(s) Document(s).
The City of Sunny Isles Beach shall be named as "additional
insured" with respect to this coverage. The required certificates
of insurance shall not only name the types of policies provided,
but shall also refer specifically to this Bid and section. At the
time of Bid submission the Proposers must submit certificates of
insurance as outlined in the General Conditions section. All
required insurances shall name the City of Sunny Isles Beach as
additional insured and such insurance shall be issued by
companies authorized to issue insurance in the State of Florida.
It shall be the responsibility of the Proposers and insurer to
notify the City Manager of the City of Sunny Isles Beach of
cancellation, lapse, or material modification of any insurance
policies insuring the Proposers, which relate to the activities of
such vendor and the City of Sunny Isles Beach. Such
notification shall be in writing, and shall be submitted to the
City finance support service director thirty (30) days prior to
cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
implement a rescission of the Bid award without further City
PAGE 6 OF 28
BID No. 11-01-01
Commission action. The Proposers hereby holds the City
harmless and agrees to indemnify City and covenants not to sue
the City by virtue of such rescission.
1.26 Assignment: The Contractor shall not transfer or
assign the perfonmance required by this Bid without prior
written consent of the City Manager. Any award issued
pursuant to the Invitation to Bid and monies which may be due
hereunder are not assignable except with prior written approval
of the City Manager. Further, in the event that the majority
ownership or control of the Contractor changes hands
subsequent to the award of this contract, Contractor shall
promptly notify City in writing (via United States Postal Service
- Certified Mail, Return Receipt Requested) of such change in
ownership or control at least thirty (30) days prior to such
change and City shall have the right to terminate the contract
upon sixty (60) days written notice, at City's sole discretion.
1.27 Hold Harmless/Indemnification: The Contractor
shall indemnify, save harmless, and defend the City of Sunny
Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever
kind or nature arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, their agents, servants
or employees in the provision of goods or the performance of
services pursuant to this Bid and / or from any procurement
decision of the City including without limitation, awarding the
Contract to the Contractor.
1.28 Non-conformance to Contract: The City of Sunny
Isles Beach may withhold acceptance of, or reject items which
are found upon examination, not to meet the specification
requirements. Upon written notification of rejection, items shall
be removed within (5) calendar days by the vendor at their own
expense and redelivered at their expense. Rejected goods left
longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them
as its own property. Rejection for non-conformance or failure
to meet delivery schedules may result in the Contractor being
found in default.
1.29 Default Provision: In case of default by the
Proposers or Contractor, the City of Sunny Isles Beach may
procure the articles or services from other sources and hold the
Proposers or Contractor responsible for any excess costs
occasioned or incurred thereby.
1.30 Secondary/Other Vendors: the City reserves the
right in the event the primary vendor cannot provide an item(s)
or service(s) in a timely manner as requested, to seek other
sources without violating the intent of the Contract.
1.31 Time of completion: The time of completion of the
work to be performed under this contract is the essence of the
contract. Delays and extensions of time may be allowed only in
accordance with the provisions stated in the appropriate section
of the general conditions. The time allowed for the completion
of the work shall be stated in the Contract.
1.32 Definitions: Wherever used in these General
Conditions or in the other Contract Documents, the following
terms shall have the meaning indicated which shall be
applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with the Contract
Documents subject to waiver of claims.
Agreement: The written Agreement between the
City and the Contractor covering the Work to be
performed, which includes the Contract Documents.
Order, (c) a written clarification or interpretation if
issued by the City, or (d) a written order for minor
change or alteration in the Work issued by the City.
A modification may only be issued after execution of
the Agreement.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify or interpret the
Contract Documents, Drawings and Specifications, by
addition, deletions, clarifications or corrections.
Notice of Award: The written notice by City to the
apparent successful Proposers stating that upon
compliance with the conditions precedent to be
fulfilled by him within the time specified, City will
execute and deliver the Agreement to him.
Approved: Means approved by the City.
Bid: The offer or Bid of the Proposers submitted on
the prescribed form setting forth the prices for the
Work to be performed.
Notice to Proceed: A written notice given by City to
Contractor fixing the date on which the Contract Time
will commence to run and on which Contractor shall
start to perform their obligations under the Contract
Documents.
Proposers: Any person, firm or corporation
submitting a Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the Contractor
and their surety in accordance with the Contract
Documents and in accordance with the law of the
State of Florida.
Project: The entire Waste Management Services to
be performed as provided in the Contract Documents.
Change Order: A written order to the Contractor
signed by the City authorizing an addition, deletion or
revision in the Work, or an adjustment in the Contract
Price or the Contract Time issued after execution of
the Agreement.
Samples: Physical examples which illustrate
materials, equipment or workmanship and establish
standards by which the Work will be judged.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida 33160.
Shop Drawings: All drawings, diagrams,
illustrations, brochures, schedules and other data
which are prepared by the Contractor, a Sub-
Contractor, manufacturer, supplier, or distributor, and
which illustrate the equipment, material or some
portion of the work and as required by the Contract
Documents.
Contract Documents: Contract Documents shall
include, Instructions to Proposers, Contractor's Bid,
the Bonds, the Notice of Award, the Agreement
between the City and Contractor as well as any
addenda thereto, these General Conditions, Special
Conditions, the Technical Specifications, Drawings
and Modifications, Notice to Proceed, Invitation to
Bid, Insurance Certificates, Change Orders and
Acknowledgment of Conformance with the City of
Sunny Isles Beach.
Specifications: Those portions of the Contract
Documents consisting of written technical
descriptions of materials, equipment, construction
systems, standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the
City which is to be used by the Contractor in
requesting progress payments.
Contract Price: The total monies payable to the
Contractor under the Contract Documents.
Sub-Contractor: An individual, firm or corporation
having a direct contract with Contractor or with any
other Sub-Contractor for the performance of a part of
the Work at the site.
Contract Time: The number of calendar days
stated in the Agreement for the completion of the
Work.
Substantial Completion: The date as certified by
the City when the construction of the Project or a
certified part thereof is sufficiently completed, in
accordance with the Contract Documents, so that the
Project or specified part can be utilized for the
purposes for which it was intended; or if there be no
such certification, the date when final payment is
due.
Contracting Officer: The individual who is
authorized to sign the contract documents on behalf
of the City's governing body.
Contractor: The person, firm or corporation with
whom the City has executed this Agreement.
Day: A calendar day of twenty-four hours measured
from midnight to the next midnight.
Supplier: Any person or organization who supplies
materials or equipment for the Work, including that
fabricated to a special design, but who does not
perform labor at the site.
Field Order: A written order issued by the City which
clarifies or interprets the Contract Documents or
orders minor changes in the Work.
Surety: The corporate body which is bound with
the Contractor and which engages to be responsible
for the Contractor and their acceptable performance
of the Work.
Modification: Modification means anyone of the
following: (a) a written amendment of the Contract
Documents signed by both parties, (b) a Change
PAGE 7 OF 28
BID No. 11-01-01
Work: Any and all obligations, duties and
responsibilities necessary to the successful
completion of the Project assigned to or undertaken
by Contractor under the Contract Documents,
including all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term "Notice" as used herein
shall mean and include all written notices, demands,
instructions, claims, approvals and disapproval's
required to obtain compliance with Contract
requirements. Written notice shall be deemed to
have been duly served if delivered in person to the
individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or to an
authorized representative or such individual, firm, or
corporation, or if delivered at or sent by registered
mail to the last business address known to them who
gives the notice. Unless otherwise stated in writing,
any notice to or demand upon the City under this
Contract shall be delivered to the City.
1.33 Bid Award: The City reserves the right to reject any
and all Bids at its sole discretion. Bids shall be awarded by the
City after the City performs all necessary searches, inquiries,
exploration, and analysis of the Bids. The Bid shall be awarded
to the lowest responsible and responsive proposer whose Bid
best serves the interests of and represents the best value to the
City in conformity with the criteria set forth in Section 62-8 of
the City Code. No Notice of Award will be given until the City
has concluded any investigation(s) as they deem necessary to
establish the Proposer's capability to perform the public works
and Waste Management Services as described in this invitation
to bid, as substantiated by the required professional experience,
client references, technical knowledge and qualifications; and
sufficient labor and equipment to comply with the City's
established standards, as well as the financial capability of the
Proposer to perform the Work in accordance with the Contract
Documents to the satisfaction of the City within the time
prescribed. The City reserves the right to reject the Bid of any
Proposers on the basis of these queries and investigations and
who does not meet the City's satisfaction, even though the firm
may be the lowest dollars and cents Bid. In analyzing Bids, the
City will also take into consideration client references, past work
experience and work product, proven ability to satisfactorily
perform If the Contract is awarded, the City will issue the
Notice of Award and give the successful Proposers a Contract
for execution within ninety (90) days after opening of Bids. The
City specifically reserves the right to award the contract to a
proposer who is not necessarily the lowest dollars and cents
proposers on the basis of the results of these queries and
investigation( s).
1.34 Execution of Agreement:
At least four counterparts of the Agreement the Performance
Bond, the Certificates of Insurance and such other Documents
as required by the Contract Documents shall be executed and
delivered by Contractor to the City within ten (10) calendar
days of receipt of the Notice of Award.
1.35 Forfeiture of Bid Security, Performance Bond( If
applicable): Within ten (10) calendar days of being notified of
the award, Contractor shall furnish an executed agreement and
attach a Performance Bond (containing all the provisions of the
Performance Bond herein). The Performance Bond shall be in
the amount of one hundred percent (100%) of the Contract
Price guaranteeing to City the completion and performance of
PAGE 8 OF 28
BID No. 11-01-01
the Work covered in such Contract as well as full payment of all
suppliers, material man, laborers, or Sub-Contractors employed
pursuant to this Project. Each Bond shall be with a Surety
company meeting the qualifications of this. document. Each
Bond shall continue in effect for one and one half years after
final completion and acceptance of the Work with the liability
equal to one hundred percent (100%) of the Contract Sum.
The Performance Bond shall be conditioned that Contractor will,
upon notification by City, correct any defective or faulty Work or
materials which appear within one and one half years after final
completion of the Contract. Pursuant to the requirements of
Section 255.05(1), Florida Statutes, Contractor shall ensure that
the Bond(s) referenced above shall be recorded in the public
records of Miami-Dade County and provide City with evidence
of such recording.
1.35.1 Each Bond must be executed by a surety company
authorized to do business in the State of Florida as a
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.
1.35.2 The surety company shall hold a current certificate of
authority as acceptable surety on federal bonds in
accordance with the United States Department of
Treasury Circular 570, current Revisions.
1.35.3 The City will accept a surety bond from a company
with a rating B+ or better.
1.35.4 Failure of the successful Proposers to execute and
deliver the Agreement and deliver the required bonds
and Insurance Certificates shall be cause for the City
to annul the Notice of Award and declare the Bid and
any security therefore forfeited.
1.36 Contractor's Pre-Start Representation: Contractor
represents that they have familiarized themselves with, and
assumes full responsibility for having familiarized themselves
with the nature and extent of the Contract Documents, Work,
locality, and with all local conditions and federal, State and local
laws, ordinances, rules and regulations that may in any manner
affect performance of the Work, and represents that they have
correlated their study and observations with the requirements
of the Contract Documents. Contractor also represents that
they have studied all surveys and investigations reports of
subsurface and latent physical conditions referred to in the
specifications and made such additional surveys and
investigations as they deem necessary for the performance of
the Work in the Contract Documents and that they have
correlated the results of all such data with the requirements of
the Contract Documents.
1.37 Commencement of Contract Time:
The Contract Time will commence to run on the date stated in
the Notice to Proceed.
1.38 Starting the Project: Contractor shall start to perform
their obligations under the Contract Documents on the
date when the Contract Time commences to run. No
Work shall be done at the site prior to the date on which
the Contract Time commences to run, except with the
written consent of the City.
1.39 Before Starting Contract: Before undertaking each
part of the Work, Contractor shall carefully study and compare
the Contract Documents and check and verify pertinent figures
shown thereon and all applicable field measurements. They
shall at once report in writing to City any conflict, error, or
discrepancy which they may discover; however, they shall not
be liable to City for their failure to discover any conflict, error,
or discrepancy in the Specifications.
1.40 Pre-Start Meeting:
Within five (5) days after delivery of the executed Agreement
by City to Contractor, but before starting the Work at the site, a
Pre-Start conference will be held to review the above schedules,
and for processing Statement of Services, and to establish a
working understanding between the parties as to the Project.
Present at the conference will be the City representative and
the Contractor.
1.41 Correlation, Interpretation, and Intent of Contract
Documents: It is the intent of the Specifications to
describe a complete Project to be delivered in accordance
with the Contract Documents. The Contract Documents
comprise the entire Agreement between the City and the
Contractor. They may be altered only by a Modification.
The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. If
Contractor finds a conflict, error or discrepancy in the
Contract Documents, they shall call it to the City's
attention in writing at once and before proceeding with
the Work affected thereby. The various Contract
Documents shall be given precedence in case of conflict,
error or discrepancy, as follows: Change Orders,
Supplemental General Conditions, Agreement
Modifications, Addenda, Special Conditions, Instructions
to Proposers, General Conditions, and Specifications. If
the requirements of other Contract Documents are more
stringent than those of the Supplemental General
Conditions, the more stringent requirements shall apply.
The words "furnish" and "furnish and install", "install",
and "provide" or words with similar meaning shall be
interpreted, unless otherwise specifically stated, to mean
"furnish and install complete in place and ready for
service". Miscellaneous items and accessories which are
not specifically mentioned, but which are essential to
produce a complete and properly operating installation,
or usable structure or plant, providing the indicated
function, shall be furnished and installed without change
in the Contract Price. Such miscellaneous items and
accessories shall be of the same quality standards,
including material, style, finish, strength, class, weight
and other applicable characteristics, as specified for the
major component of which the miscellaneous item or
accessory is an essential part, and shall be approved by
the City before installation. The above requirement is not
intended to include major components not covered by or
inferable from the Specifications. The Work of all trades
under this Contract shall be coordinated by the
Contractor in such manner as to obtain the best
workmanship possible for the entire Project, and all
components of the Work shall be installed or erected in
accordance with the best practices of the particular trade.
1.42 Availability of Lands: The City will furnish, as
indicated in the Contract Documents, the lands upon which the
Work is to be done, rights-of-way for access thereto, and such
other lands which are designed for the use of the Contractor.
Easements for permanent structures or permanent changes in
existing facilities will be obtained and paid for by the City unless
otherwise specified in the Contract Documents.
PAGE 9 OF 28
BID No. 11-01-01
1.43 Contractor's Liability Insurance: Contractor shall
provide and maintain in force until all the Work to be performed
under this Contract has been completed and accepted by City
(or for such duration as is otherwise specified hereinafter), the
insurance coverage set forth in section 2.0 paragraph 2.9
1.44 Contractor's Responsibility:
have the following responsibilities:
The Contractor shall
1.44.1
The Contractor will not employ any Sub-Contractor,
against whom the City may have reasonable
objection, nor will the Contractor be required to
employ any Sub-Contractor who has been accepted
by the City, unless the City determines that there is
good cause for doing so.
1.44.2 The Contractor shall be fully responsible for all acts
and omissions of their Sub-Contractors and of
persons and organizations directly or indirectly
employed by them and of persons and organizations
for whose acts any of them may be liable to the
same extent that they are responsible for the acts
and omissions of persons directly employed by
them. Nothing in the Contract Documents shall
create any contractual relationship between City or
Contractor and any Sub-Contractor or other person
or organization having a direct contract with
Contractor, nor shall it create any obligation on the
part of City to payor to see to payment of any
persons due any Sub-Contractor or other person or
organization, except as may otherwise be required
by law. City may furnish to any Sub-Contractor or
other person or organization, to the extent
practicable, evidence of amounts paid to the
Contractor on account of specified Work done in
accordance with the schedule values.
1.44.3. The divisions and sections of the Specifications shall
not control the Contractor in dividing the Work
among Sub-Contractors or delineating the Work
performed by any specific trade.
1.44.4. The Contractor agrees to bind specifically every Sub-
Contractor to the applicable terms and conditions of
the Contract Documents for the benefit of the City.
1.44.5. All Work performed for the Contractor by a Sub-
Contractor shall be pursuant to an appropriate
agreement between the Contractor and the Sub-
Contractor.
1.44.6. The Contractor shall be responsible for the coordination
of the trades, Sub-Contractors and material and
men engaged upon their Work:
1.44.6.1. The Contractor shall cause appropriate
provisions to be inserted in all subcontracts relative
to the Work to bind Sub-Contractors to the
Contractor by the terms of these General Conditions
and other Contract Documents insofar as applicable
to the Work of Sub-Contractors, and give the
Contractor the same power as regards to
terminating any subcontract that the City may
exercise over the Contractor under any provisions of
the Contract Documents.
1.44.6.2. The City will not undertake to settle
any differences between the Contractor and their
Sub-Contractors or between Sub-Contractors.
1.44.6.3. If in the opinion of the City, any Sub-
Contractor on the Project proves to be incompetent
or otherwise unsatisfactory; they shall be promptly
replaced by the Contractor if and when directed by
the City in writing.
1.45 Laws and Regulations: The Contractor will give all
notices and comply with all laws, ordinances, rules and
regulations applicable to the Work. If the Contractor observes
that the Specifications are at variance therewith, they will give
the City prompt written notice thereof, and any necessary
changes shall be adjusted by an appropriate modification. If
the Contractor performs any Work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such
notice to the City, they will bear all costs arising wherefrom.
1.46 Taxes: The City of Sunny Isles Beach is exempt from
sales tax imposed by the State and/or Federal Government.
Florida Sales Tax Exemption No. 23-00-477131-54C appears on
each purchase order. Exemption certificates are available upon
request.
1.47 Safety and Protection: The Contractor will be responsible
for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They will take all
necessary precautions for the safety of, and will provide the
necessary protection to prevent damage, injury or loss to:
1.47.1. All employees and other persons who may be
affected thereby;
1.47.2. All the Work and all materials or equipment to be
incorporated therein, whether in storage on or off the site;
1.47.3. Other property at the 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; and
1.47.4. The Contractor will designate a responsible member
of their organization at the site whose duty shall be
the prevention of accidents. This person shall be the
Contractor's Superintendent unless otherwise
designated in writing by the Contractor to the City.
1.48 Emergencies: In emergencies affecting the safety
of persons or the Work or property at the site or adjacent
thereto, the Contractor, without special instruction or
authorization from the City, is obligated to act, at their
discretion, to prevent threatened damage, injury or loss. They
will give the City prompt written notice of any significant
changes in the Work or deviations from the Contract
Documents caused thereby. If the Contractor believes that
additional Work done by them in an emergency which arose
from causes beyond their control entitles them to an increase in
the Contract Price or an extension of the Contract Time, they
may make a claim therefore as provided in this document.
1.48.1. The Contractor will also submit to the City for
review, with such promptness as to cause no delay
in Work, all samples and photographs required by.
the Contract Documents. All samples and
PAGE 10 OF 28
BID No. 11-01-01
photographs will have been checked by and
stamped with the approval of the Contractor,
identified clearly as to material, manufacturer, any
pertinent catalog numbers and the use for which
intended.
1.48.2. At the time of each submission, the Contractor will
in writing call the City's attention to any deviations
that the photographs or sample may have from the
requirements of the Contract Documents.
1.48.3. The City will review with responsible promptness
Photographs and Samples, but their review shall be
only for conformance with the design concept of the
Project and for compliance with the information
given in the Contract Documents. The Contractor
will make any corrections required by the City and
will return the required number of corrected copies
of Photographs and resubmit new samples until the
review is satisfactory to the City.
1.48.4. No Work requiring a Photograph or sample
submission shall be commenced until the submission
has been reviewed by the City. A copy of each
Photograph and each approved sample shall be kept
in good order by the Contractor at the site and shall
be available to the City.
1.48.5. The City's review of Photographs or samples shall
not relieve the Contractor from their responsibility
for any deviations from the requirements of the
Contract Documents unless the Contractor has in
writing called the City's attention to each deviation
at the time of submission and the City has given
written approval to the specific deviation, nor shall
any review by the City relieve the Contractor from
responsibility for supplying the plant material as
specified
1.49.
Public Convenience and Safety: The Contractor
shall, at all times, conduct the Work in such a manner
as to insure the least practicable obstruction to public
travel. The convenience of the general public and of
the residents along and adjacent to the area of Work
shall be provided for in a satisfactory manner,
consistent with the operation and local conditions.
During the day, access to private property shall be for
short durations, if at all, and in the evening, access to
private property shall always be available.
1.50
Duty to defend, indemnify and save harmless:
In consideration of the separate sum of twenty-five
dollars ($25.00) and other valuable consideration,
the Contractor shall defend, indemnify and save
harmless the City, its officers, agents and employees,
from or on account of any injuries or damages,
received or sustained by any person or persons
during or on account of any operations connected
with the Work described in the Contract Documents,
or by or in consequence of any negligence in
connection with the same; or by use of any improper
materials or by or on account of any act or omission
of the said Contractor or his Sub-Contractor, agents,
servants or employees. The Contractor will defend,
indemnify and hold harmless the City and their
agents or employees from and against all claims,
damages, losses and expenses including attorneys'
fees arising out of or resulting from the performance
of the Work, provided that any such claim damage,
loss or expense (a) is attributable to bodily injury,
sickness, disease or death, or to injury to or
destruction of tangible property (other than Work
itself) including the loss of use resulting wherefrom
and (b) is caused in whole or in part by any negligent
act or omission of the Contractor, Sub-Contractor,
anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of
competent jurisdiction determines that Sec. 725.06
(2), F.5. is applicable to this Work, then in lieu of the
above provisions of this section the parties agree that
Contractor shall indemnify, defend and hold harmless
the City, their officers and employees, to the fullest
extent authorized by Sec. 725.06 (2) F.S., which
statutory provisions shall be deemed to be
incorporated herein by reference as if fully set forth
herein. In the event that any action or proceeding is
brought against City by reason of any such claim or
demand, Contractor, upon written notice from City
shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided
above shall obligate Contractor to defend at its own
expense or to provide for such defense, at City's
option, any and all claims of liability and all suits and
actions of every name and description that may be
brought against City, excluding only those which
allege that the injuries arose out of the sole
negligence of City, which may result from the
operations and activities under this Contract whether
the Work be performed by Contractor, its Sub-
Contractors, or by anyone directly or indirectly
employed by either.
1.51. City's Responsibility: The City will issue all
communications to the Contractor; the City will furnish the data
required of them under the Contract Documents promptly; and
the City's duties in respect to providing lands and easements
are set forth in this section.
1.52. Measurement of Quantities: All work completed
under the Contract will be measured by the City according to
the United States Standard Measures. All linear surface
measurements will be made horizontally or vertically as
required by the item measured.
1.53. Rejecting Defective Work: The City will have
authority to disapprove or reject Work which is "defective"
(which term is hereinafter used to describe Work that is
unsatisfactory, faulty or defective, or does not conform to the
requirements of the Contract Documents or does not meet the
requirements of any inspection, test or approval referred to in
Special Condition, or has been damaged prior to final
acceptance).
1.54. Shop Drawings, Change Orders and Payments:
In connection with the City's responsibility as to Shop Drawings
and Samples, Change Orders, Statement of Services, etc., see
this section.
1.55. Decisions on Disagreements: The City will be the
initial interpreter of the Technical Specifications.
1.56.
Changes in Work:
Without invalidating the
PAGE 11 OF 28
BID No. 11-01-01
Agreement, the City may, at any time or from time to time,
order additions, deletions or revisions in the Work; these shall
be authorized by Change Orders. Upon receipt of a Change
Order, the Contractor will proceed with the Work involved. All
such Work shall be executed under the applicable conditions of
the Contract Documents. If any Change Order causes an
increase or decrease in the Contract Price or an extension or
shortening of the Contract Time, an equitable adjustment will
be made as provided in this document. A Change Order signed
by the Contractor indicates their agreement therewith.
1.56.1. The City may authorize minor changes or alterations
in the Work not involving extra cost and not
inconsistent with the overall intent of the Contract
Documents. These may be accomplished by a Field
Order. If the Contractor believes that any minor
change or alteration authorized by the City entitles
them to an increase in the Contract Price or extension
of Contract Time, they may make a claim therefore as
provided in this document.
1.56.2. Additional Work performed by the Contractor without
authorization of a Change Order will not entitle them
to an increase in the Contract Price or an extension of
the Contract Time, except in the case of an
emergency as provided in this document.
1.56.3. The City will execute appropriate Change Orders
covering changes in the Work, to be performed and
Work performed in an emergency as provided in this
section and any other claim of the Contractor for a
change in the Contract Time or the Contract Price
which is approved by the City.
1.56.4. It is the Contractor's responsibility to notify his Surety
of any changes affecting the general scope of the
Work or change in the Contract Price or Contract
Time and the amount of the applicable bonds shall be
adjusted accordingly. The Contractor will furnish
proof of such an adjustment to the City.
1.57 Change of Contract Price:
The Contract Price constitutes the total compensation
payable to the Contractor for performing the Work.
All duties, responsibilities and obligations assigned to
or undertaken by the Contractor shall be at their
expense without changing the Contract Price.
1.57.1. The City may, at any time, without written notice to
the sureties, by written order designated or indicated
to be a Change Order, make any change in the Work
within the general scope of the Contract, including
but not limited to changes: in the specifications
(including drawings and designs); in the method or
manner of performance of the Work; in the City-
furnished facilities, equipment, materials, services, or
site; or directing acceleration in the performance of
the Work.
1.57.2. Except as herein provided, no order, statement, or
conduct of the City shall be treated as a change
under this clause or entitle the Contractor to an
equitable adjustment hereunder.
1.57.3. If any change order under this clause causes an
increase or decrease in the Contractor's cost of, or
the time required for, the performance of any part of
the Work, under this Contract, whether or not
changed by any order, an equitable adjustment shall
be made and the Contract modified in writing
accordingly.
1.57.4. If the Contractor intends to assert a claim for an
equitable adjustment under this clause, he must,
within ten (10) days after receipt of a written Change
Order, submit to the City a written notice including a
statement setting forth the general nature and
monetary extent of such claim, and supporting data.
1.57.5. No claim by the Contractor for an equitable
adjustment hereunder shall be allowed if not
submitted in accordance with this section or if
asserted after final payment under this Contract.
1.57.6. The value of any Work covered by a Change Order or
of any claim for an increase or decrease in the
Contract Price shall be determined in one of the
following ways: by negotiated lump sum; or on the
basis of the cost of the Work, determined as provided
in this section, plus a mutually agreed upon fee to the
Contractor and to cover overhead and profit.
1.57.7. The term cost of the Work means the sum of all
direct costs necessarily incurred and paid by the
Contractor in the proper performance of the Work.
Except as otherwise may be agreed to in writing by
City, such costs shall be in amounts no higher than
those prevailing in Miami-Dade County, shall include
only the following items and shall not include any of
the costs itemized hereunder.
1.57.7.1.Payroll costs for employees in the direct
employ of Contractor in the performance of the work
described in the Change Order under schedules of job
classifications agreed upon by City and Contractor.
Payroll costs for employees not employed full time on
the Work shall be apportioned on the basis of their
time spent on the Work. Payroll costs shall be limited
to: salaries and wages, plus the costs of fringe
benefits which shall include social security
contributions, unemployment, excise and payroll
taxes, workers' compensation, health and retirement
benefits, sick leave, vacation and holiday pay
applicable thereto. Such employees shall include
superintendents and foremen at the site. The
expenses of performing Work after regular working
hours, on Sunday or legal holidays shall be included
in the above only if authorized by City.
1.57.7.2.Cost of all materials and equipment
furnished and incorporated in the Work, including
costs of transportation and storage, and
manufacturers' field services required in connection
therewith. All cash discounts shall accrue to
Contractor unless City deposits funds with Contractor
with which to make payments in which case the cash
discounts, shall accrue to the City. All trade
discounts, rebates and refunds, and all returns from
sale of surplus materials and equipment shall accrue
to City, and Contractor shall make provisions so that
they may be obtained.
1.57.7.3.Payments made by Contractor to the Sub-
Contractors for Work performed by Sub-Contractors.
PAGE 12 OF 28
BID No. 11-01-01
If required by City, Contractor shall obtain
competitive Bids from Sub-Contractors acceptable to
him and shall deliver such Bids to City who will then
determine which Bids will be accepted. If a
Subcontract provides that the Sub-Contractor is to be
paid on the basis of Cost of Work plus a fee, the cost
of the Work shall be determined in accordance with
this section.
1.57.7.4.Rentals of all construction equipment and
machinery and the parts thereof whether rented from
Contractor or others in accordance with rental
agreements approved by City, and the costs of
transportation, loading, unloading, installation,
dismantling and removal thereof - all in accordance
with terms of said rental agreements. The rental of
any such equipment, machinery or parts shall cease
when the use thereof is no longer necessary for the
Work.
1.57.7.5.Sales, use or similar taxes related to the
Work, and for which Contractor is liable, imposed by
any governmental authority.
1.57.7.6.Payments and fees for permits and
licenses. Costs for permits and licenses must be
shown as a separate item.
1.57.7.7.The cost of utilities, fuel and sanitary
facilities at the site.
1.57.7.8.Minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the Work.
1.57.7.9.Cost of premiums for additional Bonds and
Insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the
increase in the Cost of the Work.
1.57.8. The term Cost of the Work shall not include any of
the following:
1.57.8.1.Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnership and sole proprietorships), general
managers, engineers, architects, estimators, lawyers,
agents, expediters, timekeepers, clerks and other
personnel employed by Contractor whether at the site
or in his principal or a branch office for general
administration of the Work and not specifically
included in the schedule referred to in this document
- all of which are to be considered administrative
costs covered by the Contractor's fee.
1.57.8.2.Expenses of Contractor's principal and
branch offices other than his office at the site.
1.57.8.3.Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for
delinquent payments.
1.57.8.4.Cost of premiums for all bonds and for all
insurance policies whether or not Contractor is
required by the Contract Documents to purchase and
maintain the same (except as otherwise provided this
document.
1.57.8.5.Costs due to the negligence of Contractor,
any Sub-Contractor, or anyone directly or indirectly
employed by any of them of for whose acts any of
them may be liable, including but not limited to, the
correction of defective work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
1.57.8.6.Other overhead or general expense costs of
any kind and the costs of any item not specifically
and expressly included in this document.
1.57.9. The Contractor's fee which shall be allowed to
Contractor for their overhead and profit shall be determined
as follows:
1.57.9.1. A mutually acceptable firm fixed price; or
if none can be agreed upon;
1.57.9.2. A mutually acceptable fixed fee based on
the estimate of the various portions of the cost of the
Work.
1.57.10. The amount of credit to be allowed by Contractor to
City for any such change which results in a net
decrease in cost, will be the amount of the actual net
decrease. When both additions and credits are
involved in anyone change, the net shall be
computed to include overhead and profit, identified
separately, for both additions and credit, provided
however, the Contractor shall not be entitled to claim
lost profits for any Work not performed.
1.57.11. Whenever cost of any Work is to be determined
pursuant to this document, Contractor will submit in
form prescribed by City an itemized cost breakdown
together with supporting data.
1.58. Payments to Contractor: At least ten (10) days
before each progress payment falls due (but not more often
than once a month), the Contractor will submit to the City a
partial payment estimate filled out and signed by the Contractor
covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the
City may reasonably require.
1.58.1. If payment is requested on the basis of materials and
equipment not incorporated in the Work but delivered
and suitably stored at or near site, the partial
payment estimate shall also be accompanied by such
supporting data, .satisfactory to the City, as will
establish the City's title to the material and
equipment and protect their interest therein,
including applicable insurance. The City will within
ten (10) days after receipt of each partial payment
estimate, either indicate in writing their approval of
payment and present the partial payment estimate to
the City, or return the partial payment estimate to the
Contractor, indicating in writing their reasons for
refusing to approve payment. In the latter case, the
Contractor may make the necessary corrections and
resubmit the partial payment estimate. The City, will
within thirty (30) days of presentation to them of any
PAGE 13 OF 28
BID No. 11-01-01
approved partial payment estimate, pay the
Contractor a progress payment on the basis of the
approved partial payment estimate. The City may
retain ten (10) percent of the amount of each
payment until final completion and acceptance of all
Work covered by the Contract Documents. On
completion and acceptance of a part of the Work on
which the price is stated separately in the Contract
Documents, payment may be made in full, including
retained percentages, less authorized deductions.
Any interest earned on the retainage shall accrue to
the benefit of the City.
1.58.2. The City shall have the right to demand and receive
from the Contractor, before he shall receive final
payment, final releases of lien executed by all
persons, firms or corporations who have performed
or furnished labor, services or materials, directly or
indirectly, used in the Work. Ukewise, as a condition
to receiving any progress payment, the City may
require the Contractor to furnish partial releases of
lien executed by all persons, firms and corporations
who have furnished labor, services or materials
incorporated into the Work during the period of time
for which the progress payment is due, releasing such
lien rights those persons, firms or corporations may
have for that period.
1.58.3. The Contractor warrants and guarantees that title to
all Work, materials and equipment covered by an
Application for Payment, whether incorporated in the
Project or not, will have passed to the City prior to
the making of the Application for Payment, free and
clear of all liens, claims, security interest and
encumbrances (hereafter in these General Conditions
referred to as "Liens"); and that no Work, materials
or equipment covered by an Application for Payment
will have been acquired by the Contractor or by any
other person performing the Work at the site or
furnishing materials and equipment for the Project,
subject to an agreement under which an interest
therein or encumbrance thereon is retained by the
seller or otherwise imposed by the Contractor or such
other person.
1.59. Acceptance of Final Payment as Release: The
Acceptance by the Contractor of final payment shall be and
shall operate as a release to the City and a waiver of all claims
and all liability to the Contractor other than claims in stated
amounts as may be specifically excepted by the Contractor for
all things done or furnished in connection with the Work and for
every act and neglect of the City and others relating to or
arising out of this Work. Any payment, however, final or
otherwise, shall not release the Contractor of their sureties from
any obligations under the Contract Documents or the
Performance Bond.
1.60. Suspension Of Work And Termination: The City
may, at any time and without cause, suspend the Work or any
portion thereof for a period of not more than ninety (90) days
by notice in writing to the Contractor which shall fix the date on
which Work shall be resumed. For suspensions longer than
ninety (90) days, the Contractor may be allowed an increase in
the Contract Price or an extension of the Contract Time, or
both.
1.61. Work During Inclement Weather:
No
Work
shall be done under these specifications except by permission of
the City when the weather is unfit for good and careful Work to
be performed. Should the severity of the weather continue, the
Contractor upon the direction of the City, shall suspend all Work
until instructed to resume operations by the City and the
Contract Time pursuant to this section shall be extended to
cover the duration of the order.
1.62. City May Terminate: If the Contractor is adjudged
bankrupt or insolvent, or if they make a general assignment for
the benefit of their creditors, or if a trustee or receiver is
appointed for the Contractor or for any of their property, or if
they file a petition to take advantage of any debtor's act, or to
reorganize under bankruptcy or similar laws, or if they
repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make
prompt payments to Sub-Contractors or for labor, materials or
equipment or they disregard laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or if
they disregard the authority of the City, of if they otherwise
violate any provision of, the Contract Documents, then the City
may, without prejudice to any other right or remedy and after
giving the Contractor and the surety ten (10) days written
notice, terminate the services of the Contractor and take
possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method they may
deem expedient. In such case the Contractor shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
the direct and indirect costs of completing the Project, including
compensation for additional professional services, such excess
shall be paid to the Contractor. If such costs exceed such
unpaid balance, the Contractor will pay the difference to the
City. Such costs incurred by the City will be determined by the
City and incorporated in a Change Order. If after termination of
the Contractor under this Section, it is determined by a court of
competent jurisdiction for any reason that the Contractor was
not in default, the rights and obligations of the City and the
Contractor shall be the same as if the termination had been
issued pursuant to this document.
1.62.1. Where the Contractor's services have been so
terminated by the City said termination shall not
affect any rights of the City against the Contractor
then existing or which may thereafter accrue. Any
retention or payment of moneys by the City due the
Contractor will not release the Contractor from
liability.
1.62.2. Upon ten (10) days written notice to the Contractor,
the City may, without cause and without prejudice to
any other right or remedy, elect to terminate the
Agreement. In such case, the Contractor shall be
paid for all Work executed and accepted by the City
as of the date of the termination. No payment shall
be made for profit for Work which has not been
performed.
1.63. Removal of Equipment: In the case of termination
of this Contract before completion for any cause whatever, the
Contractor, if notified to do so by the City, shall promptly
remove any part or all of his equipment and supplies from the
property of the City. Should the Contractor not remove such
equipment and supplies, the City shall have the right to remove
them at the expense of the Contractor. Equipment and supplies
shall not be construed to include such items for which the
PAGE 14 OF 28
BID No. 11-01-01
Contractor has been paid in whole or in part.
1.64. Miscellaneous: Proposers acknowledges the following
miscellaneous conditions:
1.64.1. Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed to have
been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom
it is intended, or if delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known to
them who gives the notice.
1.64.2. The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep one record
set of the Contract Documents upon completion of the Project.
1.64.3. The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental Conditions and
the rights and remedies available hereunder, and, in particular
but without limitation, the warranties, guarantees and
obligations imposed upon Contractor and those in the Special
Conditions and the rights and remedies available to the City,
shall be in addition to, and shall not be construed in any way as
a limitation of, any rights and remedies available by law, by
special guarantee or by other provisions of the Contract
Documents.
1.64.4. Should the City or the Contractor suffer injury or
damage to its person or property because of any error,
omission, or act of the other or of any of their employees or
agents or others for whose acts they are legally liable, claim
shall be made in writing to the other party within a reasonable
time of the first observance of such in jury or damage.
1.65. Waiver of Jury Trial: City and Contractor
knowingly, irrevocably voluntarily and intentionally waive any
right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or
counterclaim based upon the Contract Documents or the
performance of the Work there under.
1.65.1. Governing Law: The Contract shall be construed in
accordance with and governed by the law of the State
of Florida.
1.65.2. Venue: Venue of any action to enforce the Contract
Documents shall be in Miami-Dade County, Florida.
1.65.3. Arbitration: It is the intention of the parties that
whenever possible, if a dispute or controversy arises hereunder
then such dispute or controversy shall be settled by arbitration
in accordance with the procedures, rules and regulations of the
American Arbitration Association. The decision rendered by the
Arbitrator shall be final and binding upon the parties and
judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction. Arbitration shall be held
in Miami-Dade County, Florida. All costs of arbitration and
attorneys' fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each
party shall be responsible for a portion of the costs of arbitration
and their respective attomeys' fees as may be detenmined by
the court on confirmation.
1.66. Project Records: City shall have right to inspect
and copy during regular business hours at City's expense, the
books and records and accounts of Contractor which relate in
any way to the Project, and to any claim for additional
compensation made by Contractor, and to conduct an audit of
the financial and accounting records of Contractor which relate
to the Project. Contractor shall retain and make available to
City all such books and records and accounts, financial or
otherwise, which relate to the Project and to any claim for a
period of three years following final completion of the Project.
During the Project and the three year period following final
completion of the Project, Contractor shall provide City access
to its books and records upon five days written notice.
1.67. Severability: If any provision of the Contract or the
application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of the
Contract, and the application of such provisions to persons or
END OF SECTION
PAGE 15 OF 28
BID No. 11-01-01
situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest
extent permitted by law.
1.68. Independent Contractor: The Contractor is an
independent Contractor under the Contract. Services provided
by the Contractor shall be by employees of the Contractor and
subject to supervision by the Contractor, and not as officers,
employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract
shall be those of the Contractor.
Section 2
Special Terms and Conditions
2.1 PURPOSE OF BID:
The City of Sunny Isles Beach desires to establish a contract to provide all labor, equipment and
materials to clean and jet approximately 448 storm water catch basins and/or storm sewer
manholes with approximately 26,400 linear feet of pipe cleaning within a one (1) year period
throughout the city limits of Sunny Isles Beach. The disposal of the debris shall be at a location
approved by the City of Sunny Isles Beach.
2.2 PRE-BID CONFERENCE (NON-MANDATORY):
Intentionally Omitted
2.3 TERM
This contract shall commence upon the date of the purchase order and shall remain in effect until
such time as the commodities, equipment and/or services acquired in conjunction with this
Invitation to Bid, have been completed and accepted by the City's authorized representative and
upon completion of the expressed and/or implied warranty periods.
2.4 OPTIONS TO RENEW
The initial contract prices resultant from this solicitation shall prevail for a one (1) year period
from the contract's initial effective date. Prior to, or upon completion, of that initial term, the City
shall have the option to renew this contract for an additional four (4) year period on a year-to-
year basis, Prior to completion of each exercised contract term, the City may consider an
adjustment to price based on changes in the following pricing index: ----=-
It is the bidder's responsibility to request any pricing adjustment under this provision. For any
adjustment to commence on the first day of any exercised option period, the bidder's request for
adjustment should be submitted at least ninety (90) calendar days prior to expiration of the then
current contract term. The bidder adjustment request should not be in excess of the relevant
pricing index change. If no adjustment request is received from the bidder, the City will assume
that the bidder has agreed that the optional term may be exercised without pricing adjustment.
Any adjustment request received after the commencement of a new option period will not be
considered.
The City reserves the right to negotiate lower pricing for the additional term(s) based on market
research information or other factors that influence price. The City reserves the right to apply
any reduction in pricing for the additional term(s) based on the downward movement of the
applicable index.
The City reserves the right to reject any price adjustments submitted by the bidder and/or to not
exercise any otherwise available option period based on such price adjustments. Continuation of
the contract beyond the initial period, and any option subsequently exercised, is a City
prerogative, and not a right of the bidder. This prerogative will be exercised only when such
continuation is in the best interest of the City.
Should the bidder decline the City's right to exercise the option period, the City may consider the
bidder in default which decision may affect that bidder's eligibility for future contracts.
PAGE 16 OF 28
BID No. 11-01-01
NOTE: IF MULTIPLE BIDDERS ARE INVOLVED UNDER THE GIVEN CONTRACT, ANY
OPTIONS TO RENEW WILL BE RESTRICTED TO THE SPECIFIC
ITEMS OF WORK INITIALLY AWARDED TO ANY SPECIFIC
BIDDER.
2.5 METHOD OF AWARD
Award of this contract will be made to the responsive, responsible bidder who submit an offer on
all items listed in the solicitation and whose offer represents the lowest price when all items are
added in the aggregate. If a bidder fails to submit an offer on all items, its overall offer will be
rejected.
2.6 PRICE
If the bidder is awarded a contract under this solicitation, the prices proposed by the bidder shall
remain fixed and firm during the term of contract.
2.7 PERFORMANCE BOND
Intentionally Omitted
2.8 DELIVERY
Intentionally Omitted
2.9 INSURANCE
Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
o Premises and Operation
o Independent Contractors
o Products and/or Completed Operations Hazard
o Broad Form Property Damaged
o Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
o Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
PAGE 17 OF 28
BID No. 11-01-01
o Employers' Non-Ownership.
Before starting the Work, the bidder will file and make sure that all certificates of
insurance required by this document and by the Contract are in the City's possession.
These certificates shall contain a provision that the coverage afforded under the policies
will not be canceled or materially changed until at least thirty (30) days prior written
notice has been given to the City by certified mail. The City shall be named as an
additional insured on the above-referenced policies.
The bidder agrees that if any part of the Work under the Contract is sublet, they will
require the Sub-bidder(s) to carry insurance as required, and that they will require the
Sub- bidder(s) to furnish to them insurance certificates similar to those required by the
City in this section.
2.9.1 Cancellation and Re-Insurance:
If any insurance should be canceled or changed by the insurance company or should any
insurance expire during the period of this contract, the Contractor shall be responsible for
securing other acceptable insurance to provide the coverage specified in this section to
maintain coverage during the life of this Contract. All deductibles must be declared by
the Contractor and must be approved by the City. At the option of the City, either the
Contractor shall eliminate or reduce such deductible or the Contractor shall procure a
Bond, in a form satisfactory to the City, covering the same.
2.10 MONTHLY INVOICES PAYMENTS
Cut-off date is the close of the last business day of the month. Bidder shall submit by the 10th
day of the following month bidder's completed Statement of Services/Invoice. Should the 10th
fall on a weekend or holiday, Contractor shall submit his application on the next workday.
Bidder is advised that processing of invoices must follow this schedule, as the City has funding
requirements and other payment obligations which may prevent payment of late Statement of
Services for that month's billing cycle. A late Statement of Services with a recommendation for
payment will be paid in the next month's billing cycle.
2.11 ACCEPTANCE OF PRODUCT BY THE CITY
The product(s) to be provided hereunder shall be delivered to the City, and maintained if
applicable to the contract, in full compliance with the specifications and requirements set forth in
this contract. If a bidder-provided product is determined to not meet the specifications and
requirements of this contract, either prior to acceptance or upon initial inspection, the item will
be returned, at bidder expense, to the bidder. At the City's own option, the bidder shall either
provide a direct replacement for the item, or provide a full credit for the returned item. The
bidder shall not assess any additional charge(s) for any conforming action taken by the City
under this clause.
2.12 CLEAN-UP
All unusable materials and debris shall be removed from the premises _
. Upon final complet~
~~ all areas where wO~.has been involved as mutually agreed with the
PAGE 18 OF 28
BID No. 11-01-01
2.13 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this contract shall be in accordance with all governmental
standards, to include, but not be limited to, those issued by the Occupational Safety and Health
Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the
National Fire Protection Association (NFPA).
2.14 ACCIDENT PREVENTION AND BARRICADES
Precautions shall be exercised at all times for the protection of persons and property. All bidders
performing services under this contract shall conform to all relevant OSHA, State and City
regulations during the course of such effort. Any fines levied by the above mentioned authorities
for failure to comply with these requirements shall be borne solely by the responsible bidder.
Barricades shall be provided by the bidder when work is performed in areas traversed by
persons, or when deemed necessary by the City Project Manager.
2.15 LICENSES, PERMITS AND FEES
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code requirements
applicable to the work contemplated herein. Damages, penalties and or fines imposed on the
City or the bidder for failure to obtain required licenses, permits or fines shall be borne by the
bidder.
2.16 DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER
The bidder shall promptly correct all apparent and latent deficiencies and/or defects in work,
and/or any work that fails to conform to the contract documents regardless of project completion
status. All corrections shall be made within 5 calendar days after such rejected defects,
deficiencies, and/or non-conformances are verbally reported to the bidder by the City's project
administrator, who may confirm all such verbal reports in writing. The bidder shall bear all costs
of correcting such rejected work. If the bidder fails to correct the work within the period
specified, the City may, at its discretion, notify the bidder, in writing, that the bidder is subject to
contractual default provisions if the corrections are not completed to the satisfaction of the City
within 5 calendar days of receipt of the notice. If the bidder fails to correct the work within the
period specified in the notice, the City shall place the bidder in default.
2.17 LABOR, MATERIALS, AND EOUIPMENT SHALL BE SUPPLIED BY THE BIDDER
Unless otherwise provided in Section 3 (entitled "Technical Specifications"), of this solicitation the
bidder shall furnish all labor, material and equipment necessary for satisfactory contract
performance. When not specifically identified in the technical specifications, such materials and
equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and
equipment shall be subject to the inspection and approval of the City's Project Manager.
2.18 WORK ACCEPTANCE
This project will be inspected by an authorized representative of the City. This inspection shall be
performed to determine acceptance of work, appropriate invoicing, and warranty conditions.
2.19 AVAILABILITY OF CONTRACT TO OTHER GOVERNMENT AGENCIES
PAGE 19 OF 28
BID No. 11-01-01
Although this Solicitation is specific to the City, it is hereby agreed and understood that other
government agency may avail itself of this contract and purchase any and all items specified
herein from the successful bidder(s) at the contract price(s) established herein. Under these
circumstances, a separate purchase order shall be issued by the agency, which identifies the
requirements of the additional agency (ies).
2.19.1 OTHER PARTICIPATING CITIES
The following Cities needs are included within this bid.
City of Cooper City
9090 Sw 50th Place
Cooper City, FL 33329
END OF SECTION
PAGE 20 OF 28
BID No. 11-01-01
Section 3
Scope of Services I Technical Specifications
3.1 PURPOSE
The City of Sunny Isles Beach desires to establish a contract to provide all labor,
equipment and materials to clean and jet approximately 448 storm water catch basins
and/or storm sewer manholes with approximately 26,400 linear feet of pipe cleaning
within a one (1) year period throughout the city limits of Sunny Isles Beach. The disposal
of the debris shall be at a location approved by the City of Sunny Isles Beach.
3.2 GENERAL CONDITIONS OF WORK
If property (public or private) is damaged performing work specified or is removed for
the convenience of the work, it shall be repaired or replaced at the expense of the Bidder
in a manner acceptable to the City of Sunny Isles Beach. Such property shall include but
not limited to: roads, sidewalks, curbs, driveways, walls, fences, water features,
footings, underground utilities, sod shrubs, trees, etc.
3,2.1 Bidder shall notify the Public Works Department in writing of the site having pre-
existing damage to sidewalks, pavers, curbs, roadways, swales, adjacent
improvements, etc., before beginning work. Failure to do so shall obligate the
Bidder to make repairs per section 3.2
3.3 TRAFFIC CONTROL
Conduct maintenance to ensure minimum interference with traffic, facility, road, street,
walks, and other adjacent occupied or used facilities. Two-way traffic shall be
maintained at all times unless prior approval from the City is obtained. Bidder shall
proVide maintenance/movement of traffic around job site.
3.4 PROTECTION
Bidder shall be solely responsible for pedestrian and vehicular safety and control within
the work site and shall provide the necessary warning devices, barricades, cones properly
placed and ground personnel needed to give safety, protection and warning to persons
and vehicular traffic within the area.
3.4.1 Bidder must provide protection necessary to prevent damage to property where
maintenance is being performed and/or damage to adjoining properties.
3.4.2 Restore any damage to property to its original condition, at Bidder's expense, as
acceptable to the City of Sunny Isles Beach.
3.5 HOURS OF WORK
Bidder shall perform work Monday through Friday from 7:30 a.m. to 4:00 p.m.
3.6 EMPLOYEES
PAGE 21 OF 28
BID No. 11-01-01
Bidder shall be responsible for the appearance of all working personnel assigned to the
project (clean and appropriately dressed at all times). Personnel must be able to supply
proper identification at all times.
All employees of the Bidder shall be considered to be at all times the sole employees of
the Bidder, under the Bidder's sole direction, and not an employee or agent of the City of
Sunny Isles Beach. The Bidder shall supply competent and physically capable employees
and the City may require the Bidder to remove any employee it deems careless,
incompetent, insubordinate or otherwise objectionable and whose presence on City
property is not in the best interest of the City. City shall not have any duty to implement
or enforce such requirements.
3.7 LOCATION OF WORK
The catch basins and/or manholes are located within the City of Sunny Isles Beach on
City streets at various areas.
3.7.1 The Bidder shall not clean storm sewer basins and/or storm sewer manholes
located on State and County Roads. These State and / or county roads / streets
include:
. State Roads
. Sunny Isles Beach Blvd
. Collins Avenue
. Lehman Causeway
3.8 SCOPE OF SERVICES
Bidder shall provide all labor, equipment and materials required to clean catch
basins/manhole sumps, jetting and cleaning all drainage lines (36" and under)
connecting/emanating from approximately 448 catch basins/manholes and disposal of
sediment.
. Bidder shall comply with all applicable Federal, State, County and City
reg u lations.
. All asphalt pads around catch basins shall be free of any and all vegetation.
. All vegetation growth into and surrounding the basins shall be cleaned
3.9 PROJECT IDENTIFICATION
No signs or advertisement will be allowed to be displayed at the work site.
3.10 WATER JETTING
All water jetting shall be conducted to the extent that it will allow for Clear-Flow of water
throughout the sewer lines.
3.10 WATER SUPPLY
The bidder shall be responsible for water supply
END OF SECTON
PAGE 22 OF 28
BID No. 11-01-01
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
INVITATION TO BID
SECTION 4
BID SUBMITTAL FORMS
OPENING: 10:00 A.M.
May 25, 2011
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by:
Purchasing Agent
Date Issued:
April 29, 2011
This Bid Submittal Consists of
Pages 23 through 27
Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid
Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the
address shown above until the above stated time and date, and at that time, publicly opened for
furnishing the supplies or services described in the accompanying Bid Submittal Requirement.
IFB 11-04-03
STORM WATER CATCH BASIN CLEANING &. LINE JETTING
A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution
of the contract by the successful bidder and City of Sunny Isles Beach
Procurement AQent:
Marcanthony Tulloch
Firm Name:
Commodity Code(s):
890-66
RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 27 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
PAGE 23 OF 28
BID No. 11-01-01
BID FORM
r=~7~-_ - - - - - -~ _ ~-;~~~~'.=- ~~~<-=---=~~ - -- --- -=---~-- ~ - - -- ~~ -~- "- ~:~~
Item#
Est.
Descri tion
Unit Price
Extended Price
$
$
1
Storm water catch basins
$
$
2
36,400
r
Jetting
__ ,'~~=_~~~~~::~~___n~~_~"d~~
PAGE 24 OF 28
BID No. 11-01-01
SECTION 4
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE 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:
D NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE:
DATE:
TITLE OF OFFICER:
PAGE 25 OF 28
BID No. 11-01-01
BID SUBMITTAL FORM
Bid Title: STORM WATER CATCH BASIN CLEANING & LINE JETTING
The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of
Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as specified or
indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in
accordance with the other terms and conditions of the Contract Documents.
The Proposer accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject
to acceptance for 90 days after the day of Bid opening. The Proposer agree to sign and submit the Agreement with the
Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of
A ward.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
· The Proposer has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
· The Proposer has studied carefully all reports and drawings of subsurface
conditions and drawings of physical conditions.
· The Proposer has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests and studies which pertain to the subsurface or physical
conditions at the site or otherwise may affect the cost, progress, performance, or
furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, and
no additional examinations, investigations, explorations, tests, reports or similar
information or data are or will be required by Proposer for such purposes.
· The Proposer has given the City written notice of all conflicts, errors,
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by City is acceptable to the Proposer.
· This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity with
any agreement or rules of any group, association, organization, or corporation;
the Proposer has not directly or indirectly induced or solicited any other
Proposers to submit a false or sham Bid; the Proposer has not solicited or
induced any person, firm or corporation to refrain from Bidding; and Proposer
has not sought by collusion to obtain for itself any advantage over any other
Proposers or over the City.
The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work
Items for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of
Bid Evaluation and to establish unit prices for individual Work Items for maintenance and/or repair work
PAGE 26 OF 28
BID No.
to be contracted by the City under individual Purchase Orders, based on the unit prices established under
this Bid.
The City and the successful Proposer will establish completion times for each individual Work Item and
the successful Proposer agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
FIRM NAME:
Street Address:
Mailing Address (if different):
Telephone No.
Fax No.
Email Address:
FEIN No. --.1_-~~~~~--.1_
* "BY SIGNING THIS DOCUMENT THE BIDDER AGREES TO ALL TERMS AND CONDITIONS OF THIS
INDENTA TION TO BID.
SIGNATURE:
(SIGNATURE OF AUTHORIZED AGENT)
PRINT NAME:
TITLE:
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND
BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE
BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE.
PAGE 27 OF 28
BID No.
,.
PAGE 28 OF 28
BID No.
OF SUN
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA
COUNTY OF
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
(Name of Corporation, Partnership, Individual, etc.)
a,
, formed under the laws of
(Type of Business)
(State)
of which he is
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, finm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, finm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, finm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _ day of
,200_.
Personally Known
or Produced Identification
Type of identification
(Affix seal here)
NOTARY PUBLIC (name printed or typed)
DECEMBER 28,2010
1 of 7
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to Citv of Sunnv Isles Beach
by
[pnnt IndiVIdual S name and tllle]
for
[pnnt name ot entIty submlttln9 sworn statement]
whose business address is:
and (if applicable) its Federal Employer Identification number (FEIN) is
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. I understand that "convicted" or "conviction" as defined in Para. 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 any
federal or state trail 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.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.)
predecessor or successor of a person convicted of a public entity crime; or
b.)
Any 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, executors, 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
2 of 7
DECEMBER 28, 2010
market value under an arm's length agreement, shall be a prime 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.
11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of it's officers, directors, 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 has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer 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 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
(Signature)
(Printed Name)
(Title)
day of
,20_, by
Sworn to and subscribed before me this
(AFFIX NOTARY STAMP HERE)
Signature: Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known
OR Produced Identification
Type of Identification Produced
10/1998
3 of?
EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
OF 5U'"
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY I AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed:
Title:
Firm:
Address:
DECEMBER 28, 2010
4 of 7
CONFLICT OF INTEREST
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
deposes, and states:
, who was duly sworn,
with a local office in
of
and principal office in
18.1.
am
the
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described
as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.7 I certify that no member of the entity's ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
18.91n the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
Dated this
day of
,2010.
AFFIANT
Print or Type Name and Title
Sworn to and subscribed before me this _ day of
o Personally Known OR
o Produced Identification ; Type of Identification
,2010.
NOTARY PUBLIC STATE OF FLORIDA
DECEMBER 28, 2010
5 of 7
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES
NO
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES
NO
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
Firm
Date
Authorized Signature
Print or Type Name and Title
DECEMBER 28, 2010
6 of?
ANTI-KICKBACK
OF SU~
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials 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:
The foregoing instrument was acknowledged before me this day of
, 20_, by [name
of person], as [type of authority], for
[name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
DECEMBER 28, 2010
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