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Res No 080-23-16013RESOLUTION NO. 080-23-16013 A RESOLUTION OF THE C ITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AW ARD ING AN AGREEMENT TO V ENGINEERING CORP FOR THE INSTALLATION OF SPEED HUMPS AT VARIO US CITY LOCATIONS; PROVIDING FOR AUTHORIZATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, t h e C ity o f South M iami (th e "City ") wishes to prov id e traffic calming d evices to h e lp re duce s p eed a nd improve th e City 's quality of li fe; a nd WHEREAS, o n May 26, 2023 , the C ity issu e d Inv itation to B id No. PW2023-l l (the "ITB") for th e in stall a ti o n of speed humps at va ri o us C ity locatio ns (th e "Project"); a nd WHEREAS, the C ity received a total of seven b ids in response to th e 1TB ; a nd WHEREAS, after review and evalu atio n of th e bids, C i ty Staff determined that V E ng ineerin g Corp (th e "Con tracto r") was th e lowest, m ost respons ive and resp onsible bidde r, wi th a bid in th e a m ount of $25,142.50; and WHEREAS, the C i ty Manage r recomme nds th a t the City Comm iss io n select th e Contrac tor to perform th e work fo r the Proj ect in th e amoun t of $25,142.50 a nd a 10% contingen cy in the amount of $2,5 14 .25 for any un fo reseen cons truction-re late d activ ity, for a total amount n o t to exceed $27,656.75; a nd WHEREAS, th e expense for thi s P roj ect w ill be c harged to the Peop le's Transportati o n Fund account numbe r I 24-1730-54 1-6490, which h as a balance of $722,359 prior to thi s requ est ; and WHEREAS, th e C ity Commission des ires to select th e Contractor to p e r form the work fo r the Project a nd authori ze the C ity M a nager to negoti ate a nd execute a n agreement, in substa ntia ll y the form attached h e reto as Exhibit "A"' (th e ·'Agreement") s ubj ect to City Attorney review as to fo rm and s ubstance, w ith th e Contractor for t he Proj ect in th e amoun t of $25,142.50, in cl udi ng a Page I of3 Res. No. 080-23-16013 10% contingency in the amount of$2,514.25 for any unforeseen construction-related activity, for a total amount not to exceed $27,656.75; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Selection of Contractor and Award of Agreement. The City Commission hereby selects the Contractor to perform the work for the Project and approves the Agreement in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. The City Manager is authorized to negotiate and execute the Agreement with the Contractor to perform the work for the Project in the amount of $25,142.50, including a 10% contingency in the amount of $2,514.25 for unforeseen construction- related activity, for a total amount not to exceed $27,656.75, on behalf of the City, in substantially the form attached hereto as Exhibit ''A," subject to the approval as to form, substance, and legal sufficiency by the City Manager and City Attorney. Section 4. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 5. Severability. If any section clause, sentence, or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Resolution. Page 2 of 3 Res. No. 080-23-16013 Section 6. Effective Date. Thi s Resolu t ion s hall become effective immed iate ly upon adoption. PASSED AND ADOPTED t hi s~ day of July, 2023. ATTEST: READ AND A PPROVED A S TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CL- WEISS SER OT A HELFMAN COLE & BIERMAN, P.L. CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor F e rnande z: V ice Mayor Bonic h : Com mi ss io n e r Calle: Co mmissio n e r Lie bman: Co mmiss io n e r Corey: Page 3 of 3 5-0 Yea Y ea Yea Yea Yea Agenda Item No:1. City Commission Agenda Item Report Meeting Date: July 18, 2023 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND AWARDING AN AGREEMENT TO V ENGINEERING CORP FOR THE INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS; PROVIDING FOR AUTHORIZATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS & ENGINEERING DEPT.) Suggested Action: Attachments: 46V4617-Memo_-_Speed_Hump (2).docx 46V4543-Resolution Selecting and Awarding Agreement for Speed Humps - V Engineering Corp.DOCX FINALI~1.PDF V Engineering BID Package ITB PW2023-11.PDF Bid Tabulation ITB PW2023-11 6.20.23.pdf Proposal Summary ITB PW2023-11 6.20.23.xlsx Demand Star ITB PW2023-11.pdf Sun Biz V.Engineeringf 6.20.23.pdf 1 CONTRACT FOR CONSTRUCTION INSTALLATION OF SPEED HUMPS AT VRIOUS CITY LOCATIONS THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made effective as of the .U! day of !UL Y. 2023 (the "Effective Date"), by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City"), and ¥-ENGINEERING CORPORATION a Florida CONTRACTOR, (hereinafter, the "Contractor"). WHEREAS, the City desires certain: and WHEREAS, the Contractor will perform services on behalf of the City, all as further set forth in the Proposal dated IUNE 20, 2023, attached hereto as Exhibit "A" (the "Services"); and WHEREAS, the Contractor and City, through mutual negotiation, have agreed upon a fe e for the Services; and WHEREAS, the City desires to engage the Contractor t o perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consider ation of the mutual covenants and conditions contain ed herein, the Contractor and the City agree as follows: ARTICLE I SCOPE OF WORK 1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract Documents (the "Work" or the "Project") including, w ith out limitation as described in the approved plans, drawings and/or specifications for the following Project: INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS and in accor dance with the Technica l Specifications incorporated herein by reference and made a part of this Contract. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed provid ing a commencement date and issued by the City Engineer. The Notice to Proceed will not be is sued until Contractor's submission to City of a ll required documents and after execution of this Contract. 2 .2 Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with faithfulness and diligence and the Work sha ll be substantially completed within thirty (30) calendar days from the date specified in the Notice to Proceed ("Substantial Completion"). Substantial Compl etion shall be defined for this purpose as the date on which City receives beneficial use of the I of 39 Project. The Work shall be fully completed in accord with the Contract Documents within fifteen (IS) calendar days from the date certified by the City as the date of Substantial Completion f Final Completion") and on the date agreed to by the City when all Work has been completed in accordance with the Contract Documents. 2.l Upon failure of Contractor to substantially complete the Contract within the specified period of time, Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified In Section 2.2 above for Substantial Completion. After Substantial Completion, should Contractor fail to complete the remaining Work within the time specified in Section 2.2 above for final completion and readiness for final payment, Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 for final completion and readiness for final payment. These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by City as a consequence of Contractor's delay and failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4 City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. ARTICLE] CONTRACT PRICE 3.1 Each Pay Application shall include an affidavit or partial release or waiver of lien by Contractor indicating that partial payments received from CITY for the Work have been applied by Contractor to discharge in full all of Contractor's obligations, including payments to subcontractors and material suppliers. City shall pay to Contractor for the performance of the Contract, the total lump sum of $25,142.50. This sum ("Contract Price") shall be full compensation for all services, labor, materials, equipment and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. City shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor's Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or, in the event there ls no Schedule of Values, as otherwise provided In the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before the I 0th of each month for the prior month. Progress payments shall be made in an amount equal to the percentage of Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion In accordance with the Contract Documents and Schedule 2 of 39 of Value, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the "Retalnage") shall be retained by City until final completion and acceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within IS days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 3.2 The payment of any Appllcatlon for Payment by City, including the final request for payment, does not constitute approval or acceptance by City of any item of the Work reflected In such Application for Payment, nor shall it be construed as a waiver of any of the City's rights hereunder or at law or in equity. 3.3 Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall pay the remainder of the Contract Price and Retainage as recommended by the City's Project Consultant. Final payment Is contingent upon receipt by City from Contractor of at least one complete set of as-built plans. reflecting an accurate depiction of Contractor's Work. 3.4 This Contract is subject to the condition precedents that: (i) City funds are available and budgeted for the Contract Price; (ii) the City secures and obtains any necessary grants or loans for the accomplishment of this Project pursuant to any borrowing legislation adopted by the City Council relative to the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this Contract, if such is required. ARTICLE4 CONTRACT DOCUMENTS 4.1 The Contract Documents. which comprise the entire agreement between the City and the Contractor concerning the Work, consist of this Contract for Construction (including any change orders and amendments thereto), any and all drawings, plans and specifications approved by City (including the Plans). the bidding documents or procurement documents for the Project, the Contractor's bid or proposal for the Project. the Bonds (defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. In the event of any conflict among the foregoing, the documents shall govern in the order listed herein. Contractor is reminded and hereby recognizes that all Work under this Contract must comply with all applicable federal, state and local law. Any mandatory clauses which are required by applicable law shall be deemed to be Incorporated herein. 4.2 This Contract Incorporates and Includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 3 of 39 4.3 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; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization. ARTICLES INDEMNIFICATION 5.1 Contractor shall defend, indemnify, and hold harmless the City, its officers, agents and employees, 6.1 · from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, including legal fees and costs and through appeal, arising out of or, related to, or in any way connected with Contractor's performance or non-performance of this Contract or with Contractor's obligations or the Work related to the Contract, Including by reason of any damage to property, or bodily injury or death incurred or sustained by any party. Contractor shall defend, indemnify, and hold the City harmless from all losses, injuries or damages and wages or overtime compensation due Its employees in rendering services pursuant to this Contract, including payment of reasonable attorneys' fees and costs In the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any employment related litigation or worker's compensation claims under federal or state law. The provisions of this section shall survive termination of this Contract. ARTICLE6 INSURANCE AND BONDS Insurance. Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and In such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured, no later than ten ( I 0) days after award of this Contract and prior to the execution of this Contract by City and prior to commencing any Work. Each certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional Insured. Any insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include at a minimum the amounts set forth In this Section 6.1. (a) Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. (b) Workers Compensation and Employer's Liability Insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include 4 of 39 Employer's Liability with mm1mum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this Contract who Is not covered by Worker's Compensation Insurance. (c) Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as flied by the Insurance Services Office, and must include Owned, Hired, and Non-Owned Vehicles. (d) Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at Its sole cost and expense, In accordance with the Contract Documents. (e) Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the City with Certificates of Insurance for all required policies. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, Including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. (f) Additional Insured. The City is to be specifically included as an Additional Insured for the liability of the City resulting from Work performed by or on behalf of the Contractor In performance of this Contract. The Contractor's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other Insurance maintained by the City shall be in excess of and shall not contribute to the Contractor's insurance. The Contractor's insurance shall contain a severabillty of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. (g) Deductibles. All deductibles or self-Insured retentions must be declared to and be reasonably approved by the City. The Contractor shall be responsible for the payment of any deductible or self-insured retentions In the event of any claim. (h) The provisions of this section shall survive termination of this Contract. 6.2 Bonds, Prior to performing any portion of the Work and within three (3) days of the Effective Date hereof, the Contractor shall deliver to City the Bonds required to be provided by Contractor hereunder. (The bonds referenced in this Section are collectively referred to herein as the 11 Bonds 11 ). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the Work maintain 5 of 39 a separate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent ( I 00%) of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by City and executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular S70). The cost of the premiums for such Bonds Is included in the Contract Price. If notice of any change affecting the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days of any such event. substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to City. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS AND WARRANTIES In order to induce the City to enter into this Contract, the Contractor makes the following representations and warranties: 7. I Contractor Represents the following: 7.1.1 Contractor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including, without limitation, the .. technical data" and plans and specifications and the Plans. 7.1.2 Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7.1 .4 Contractor has made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and subsurface conditions at or on the site. Contractor acknowledges that the City does not assume responsiblllty for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at, contiguous or near the site or for existing Improvements at or near the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, Investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and Improvements) at, contiguous or near to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing 6 of 39 of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.1.S Contractor is aware of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7.1.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.1.7 Contractor has given City written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.1.8 The Contractor agrees and represents that it possesses the requisite skills to perform the Work and that the Work shall be executed In a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7. 2 Contractor warrants the following: 7.2.1 Anti-Discrimination: Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and agrees to abide by all federal and state laws regarding non-discrimination. 7.2.2 Anti-Kickback: Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the City has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage. brokerage or contingent fee. 7 .2.3 Licensing and Permits: Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses and permits whether federal, state, County or City. Contractor acknowledges that It is the obligation of Contractor to obtain all licenses and permits required for this Project. ARTICLE 8 DEFAULT AND TERMINATION 7 of 39 8.1 If Contractor fails to timely begin the Work, or falls to perform the Work with sufficient workers and equipment or with sufficient materials to Insure the prompt completion of the Work within the Contract Time as specified in Article 2, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable. or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon seven (7) days written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by City for convenience as described below. 8.2 This Contract may be terminated by the City for convenience upon seven (7) calendar days' written notice to the Contractor. In the event of such a termination, the Contractor shall incur no further obligations In connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City Its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. ARTICLE9 MISCELLANEOUS 9.1 No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to It hereunder, without the previous written consent of the City. 9.2 9.3 Contractor's Responsibility for Damages and Accidents: 9.2.1 Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause. 9.2.2 Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. Defective Work. Warranty and Guarantee: 8 of 39 9.4 9.3.1 City shall have the authority to reject or disapprove Work which the City finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with nondetective Work Contractor shall bear all direct. indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 9.3.2 Should Contractor fall or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time Indicated in writing by City's Engineer, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default 9.3.3 The Contractor shall unconditionally warrant and guarantee all materials and equipment furnished and Work performed for a period of one (I) year from the date of substantial completion. If, within one (I) year after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents Including but not limited to any claim regarding latent defects. Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. 9.3.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. Legal Restrictions and Hours of Worl<. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law. Unless authorized by the City otherwise, the Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 9.5 Ownership and Access to Records and Audits. 9.5.1 Contractor acknowledges that all inventions, Innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Contractor during the term of this Agreement f'Work Product") belong to the City. Contractor shall promptly disclose such Work Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 9 of 39 9.5.2 Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Agreement. The City Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section I 19.070 I, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. 9.5.3 Upon request from the City's custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 9.5.4 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 9.5.5 Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement. the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 9.5.6 Any compensation due to Contractor shall be withheld until all records are received as provided herein. 9.5.7 Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 9.5.8 Notice Pursuant to Section 119.070 I (2)(a), Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Malling address: Nkenga "Nikki" Payne, CMC, FCRM 6130 Sunset Drive South Miami, FL 33143 10 of 39 Telephone number: Email: 9.6 No Damages for Delay: 305-663-6340 NPayne@southmiamifl.gov No claim for damages or any claim, other than for an extension of time shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an Increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, Interference or hindrance from any cause whatsoever, whether such delay, disruption, Interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the above Contractor may be granted an extension of time and suspension of liquidated damages for any delay beyond the control of the Contractor. Should any delay, disruption, interference or hindrance be intentionally caused by the City, for a continuous period or cumulative period of thirty (30) days, the Contractor may terminate the Contract upon seven days written notice to the City. 9.7 9.8 Authorb~ed Representative. 9.7.1 Before commencing the Work, Contractor shall designate a competent, authorized representative (°Authorized Representative") acceptable to City to represent and act for Contractor and shall inform City, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor. Contractor shall keep City informed of any subsequent changes In the foregoing. Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress. All notices, determinations, instructions and other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 9.7.2 The Authorized Representative, project Citys, superintendents and supervisors for the Project are all subject to prior and continuous approval of City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to City, Contractor shall replace the unacceptable personnel with personnel acceptable to City. Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein Indemnifies and holds Owner harmless from any liability on account of any and all such taxes, levies, duties and assessments. 9.9 Utilities. Contractor shall, at its expense, locate all utilities in the Work area, In accordance with all requirements of applicable law. Contractor shall further arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor 11 of39 shall, at Its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 9.10 Safety. Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. City shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have responsibility for the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site and Work In a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 9.11 Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas In a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before flnal payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used In the performance of the Work and Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing. the same may be accomplished by City at Contractor's expense. 9.12 Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be In addition to and not a limitation of any duties, obligations, rights and remedies otherwise Imposed or available by law. 9.13 Public Entity Crimes Affidavit Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit 9.14 Capitalized Terms. Capitalized terms shall have their plain meaning as Indicated herein. 9.1 S Independent Contractor, The Contractor is an independent Contractor under the Contract. This Contract does not create any partnership nor joint venture. 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. 12 of 39 9.16 Payment to Sub-Contractors. Certification of Payment to Subcontractors: The term 11 Subcontractor'9. as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all Subcontractors for satisfactory performance of their contracts as a condition precedent to payment to Contractor by the City. The Contractor shall also return all retainage withheld to the Subcontractors within 30 days after the subcontractor's work is satisfactorily complete and accepted by the City. 9.17 Liens. Contractor shall not permit any mechanic's, laborer's or materlalmen's lien to be flied against the Project site or any part thereof by reason of any Work, labor, seivices or materials supplied or claimed to have been supplied to the Project. In the event such a lien is found or claimed against the Project, Contractor shall within ten ( I 0) days after notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami-Dade County. Florida. or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County. Florida. to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above. City shall thereafter have the right. but not the obligation, to discharge or bond the lien or liens. Additionally. City shall thereafter have the right. but not the obligation. to retain out of any payment then due or to become due Contractor. one hundred fifty percent (ISO%) of the amount of the lien and to pay City•s reasonable attorneys' fees and costs Incurred In connection therewith. 9.18 Governing Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-Dade County, Florida. 9.19 Waiver of lury Trial, City and Contractor knowingly. Irrevocably. voluntarily and Intentionally waive any right either may have to a trial by jury in State and or Federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract for Construction, arising out of. under, or in connection with the Construction of the Work, or any course of conduct. course of dealing, statements or actions or inactions of any party. 9.20 Prevailing Party; Attorneys' Fees. In the event of any controversy, claim. dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to. the enforcement of any Indemnity provisions). the prevailing party shall be entitled to recover reasonable costs, expenses and attorneys' fees including, but not limited to, court costs and other expenses through all appellate levels. 9.21 Notices/Authorized Representatives. Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt 13 of 39 requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Contract or such other address as the party may have designated by proper notice. ARTICLE 10 SPECIAL CONDITIONS I 0. I The following provisions supersede any provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: None [Remainder of page intentionally left blanl<. Signature page and E-Verify Affidavit follows.] 14 of 39 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verlfy. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-V erify, please visit https;//www.e-verify.goy/fa.q/how-do-j-proyide-proof-of-my-particlpationenrollment-in-e-vedfy By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements Imposed by it, including but not limited to obtaining E- Verify affidavits from subcontractors. □ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of. Signed, sealed and delivered by: ~a.:c.aq...lAl.,J,.!~~"'""'e o t Name: ,~no/ (}teavem11 ACKNOWLEDGMENT State of Florid~~ County of----i,.,..l&. ............. ~ ....... --- Notary Public State of Florida IS of 39 Felix R Clavelo Lopez My Commission HH 320488 Expires 1011012026 E-Verify l.ftllff lSA WMUOIDIIUIIO UA Company ID Number: 2214197 Approved by: Employer V ENGINEERING CORP. Name (Please Type or Print) Title FELIX VALDES Signature Date Electronically Signed 07/20/2023 Department of Homeland Security-Verification Division Name (Please Type or Print) Title USCIS Veriflcatfon Division Signature Date Electronically Signed 07/20/2023 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 IN WITNESS WHEREOF, the parties hereto have caus ed this Contract to be executed the day and ye ar as first stated above. By: Genaro "Chip" Iglesias City Manager Attest: MC, FCRM Approved as to form and legal sufficiency: By:,,-=~.l_..:~~&:::.:::...:..!:;l1--J.!:.;L_ ___ _ Weiss S rota Helfman C City Attorney Addresses for Notice: Genaro "Chip" Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimil e) chlp@southmlamifl.gov ( email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Bou levard, Suite 1200 Coral Gables, FL 331 34 larango @wsh-law.com (em ail) CO N TRACT OR 16 of 39 EXHIBIT A PROPOSAL, V-ENGINEERING CORPORATION 1TB #PW2023-I I 17 of 39 SECTION 4, BID FORM PACKAGE As provided In the 1TB, the following items must be attached to this Bid: FORMS STATUS Form I -Bid Form Package Acknowledgement ✓ Form 2A. Bidder's Certification (if Company or Corporation) -.J Form 28. Bidder's Certiflcatlon (if Partnership) -.J Form 3. Single Execution Affidavits ✓ Form 4. Dispute Disclosure -.J Form 5. Certification Regarding Debarment, Suspension, & Other Responslbllity Matters v Primary Covered Transactions Form 6. Bidder's Quallflcations Survey ✓ Form 7. Bid Form/Schedule of Values -.J Form 8. Reference List -.J Form 9. Bid Guaranty/Bid Bond ✓ ATTACHMENTS This competitive solicitation Incorporates the following attachments, which should be reviewed thoroughly and, If appllcable, completed prior to submitting a response to this competitive solicitation. The City Is attaching the following Attachments: Attachment A. Attachment B: Attachment C: Sample Contract Declaration /Affidavit of Representation Design Plans & Specifications -"Installation of Various Speed Humps" prepared by Stantec dated May, 20232 19 of 67 18 of 39 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified In the Invitation to Bid, 1TB No. PW2023-1 I. I agree that my Bid will remain firm for a period of 180 days after opened by the City In order to allow the City adequate time to evaluate the Bid. I certify that all Information contained In this Bid Is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing Firm and that said Firm Is ready, willing, and able to perform If awarded the Agreement. I further certify, under oath, that this Bid Is made without prior understandlnJ agreement, connection, discussion, or collusion with any other person. firm or corporation submitting a Bid: no officer, employee or agent of the City of South Miami or any other Bidder has an Interest In said Bid. Furthermore. I certify that the undersigned executed this Bid Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda Issued by the City In connection with the 1TB (Check the box next to each addendum received). / Addendum I V Addendum2 ,/ Addendum3 ___ Addendum 6 ___ Addendum 7 ___ Addendum 8 ___ Addendum 4 ___ Addendum S __ Addendum 9 __ Addendum I 0 Attached hereto are the followlng forms/documents which form a part of this Bid: Form I. Form 2A. Form 2B. Form 3. Form 4. Form S. Form 6. Form 7. Form 8. Form 9. Bid Form Package Acknowledgement. Bidder's Certlflcatlon (if Company or Corporation) Bidder's Certlflcatlon (if Partnership) Single Execution Affidavits Dispute Disclosure Certlflcatlon Regarding Debarment. Suspension. & Other Responslblllty Matters Primary Covered T ransactlons Bidder's Quallflcatlons Survey Bid Form/Schedule of Values Reference List Bid Guarantee Bond 20 of 67 19 of 39 FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) (503) 3'-f?. -GS68 TELEPHONE NUMBER V Personally known to me; or ,. Notary Public rl t, Stamp, or Type as Commissioned) __ Produced Identification (Type of Identification:. ____________ _, __ Did take an oath; or ........... ~ ..... ..-... ..... ~~~ - __ Did not take an oath Notary Publlo Stalo 01 Florida 21 of 67 20 of 39 A Fallx R Clavelo Lopez My commission HH S20488 Expires 1011012026 FORM2A BIDDER'S CERTIFICATION (If Company or Corporation) CERTIFICATE ~ STATE OF r-L ) COUNTYOF Pa.elf;. ) ss HEREBY //ch' CERTIFY that a meeting of the Board of Directors of a corporation or c mpany exlstl under th laws of the State of _'--J~~~--------J held on VVh/L 11/ . 2023. the following resolution was duly passed and adopted: (SEAL) RESOLVED, tha~ as~-= of the Corporation/Company, be and Is hereby authorized to execute the Bid dated~ • 2023 to the City of South Miami for 1TB No. 2023-XX Marshall WIiiiamson Monument Freestanding Display Project. and that this execution thereof. attested by the Secretary of the Corporation/Company. and with the Corporate/Company Seal affixed. shall be the official act and deed of this Corporation/Company. I further certify that said resolution Is now In full force and effect. IN WITNESS WHEREOF. I have he~eJ.mto set my hand and affixed the official seal of corporation/company on this the / 7 of ..T ':?:'{._ , ~_d... r-v ~ 22 of 67 21 of 39 Seer% FORMJ SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By: a:/n; ,/Ja;!!:;, For (Name of Proposing or Bidding Entity): t/ l:31;1 ~ /,u;t.etZ-r h C ~:fff? • Whose business address Is: ZSC/5 ..SW 53Z: ?:c:1 f:'-/C-1,{,,,,,f FL-3:il/SJ And {lfappllcable) Its Federal Employer Identification Number (FEIN) Is: ~7-391/0'"?<f (if the entity does not have an FEIN, Include the Social Security Number of the Individual signing this sworn statement. SS#:. ______________ _,. Americans with Disabilities Act Compliance Affidavit The above named firm. corporation or organization Is fn compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all appllcable requirements of the laws listed below Including. but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections ll5 and 661 Including Title I, Employment; Tltle II, Public Services; Tltle Ill, Public Accommodations and Services Operated by Private endtles; Title IV, T elecommunicatlons: and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: • The Rehabilitation Act of 1973. 229 USC Section 794: • The Federal Transit Act. as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. pu Bidder Initials 24 of 67 22 of 39 Public Entity Crimes Affidavit I understand that a "public entity crlme11 as deflned In Paragraph 287.133( I )(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 of the United States, lncludlng but not llmlted to, any bid or contract for goods or services to be provided to any public entity or an agency or polltlcal subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287. I 33(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of gullt, In any federal or state trial court of record relating to charges brought by Indictment or Information after July I, 1989, as a result of a Jury verdict. non-Jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "afflllate11 as defined In Paragraph 287.133( I )(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active In the management of the entity and who has been convicted of a public entity crime. The term "affiliate" Includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active In the management of an affiliate. The ownership by one person of shares constituting a controlling Interest In another person, or a pooling of equipment or Income among persons when not for fair market value under an arm's length agreement shall be a prlma facle case that one person controls another person. A person who knowingly enters Into a )ofnt 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. I understand that a "person11 as defined In Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter Into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" Includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active In management of an entity. Based on Information and belief, the statement, which I have marked below, Is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) ef Neither the entity submitting this sworn statement, nor any of Its 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 ad convicted of a public entity crime subsequent to July I, 1989. D 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 I, 1989. D 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 I, 1989, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the flnal Order entered by the Hearing Officer determined that 25 of 67 23 of 39 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 I above Is for that public entity only and that this form Is valid through December 31 of the calendar year In which It Is flied. 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. -FL/ Bidder Initials No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither It nor any prlncipal, employee, agent. representative nor family member has paid or wlll pay any fee or consideration that Is contingent on the award or execution of a contract arising out of this solicitation. Bidder also warrants that neither It nor any prlnclpal, employee, agent, representative nor famlly member has procured or attempted to procure this contract In violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of Interest or code of ethics ordinances. Further, Bidder acknowledges that any vlolatlon of these warrants will result In the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be selected for the performance of this contract FJ Bidder Initials Business Entit)' Affidavit Bidder hereby recognizes and certlfles that no elected official, board member, or employee of the City of South Miami (the " City") shall have a financial Interest directly or Indirectly In this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer {Including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or chlld of any of them, alone or In combination, may have a material Interest In the Vendor or Bidder. Material Interest means direct or Indirect ownership of more than 5% of the total assets or capita.I stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed In writing by City. Further, Bidder recognizes that with respect to this transaction or bid, If any Bidder violates or Is a party to a vlolatlon of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as appllcable to City, or the provisions of Chapter 112, part Ill, Fla. Stat, the Code of Ethics for Public Officers and Employees, such Bidder may be dlsquallfled from furnishing the goods or services for which the bid or Bid Is submitted and may be further dlsquallfied from submitting any future bids or Bid for goods or services to City. ,=V Bidder lnltlals Anti-Collusion Affldaylt I. Bidder/Bidder has personal knowledge of the matters set forth In Its Bid/Bid and is fully Informed respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances respecting the Btd/Btd: 26 of 67 24 of 39 2. The Bid/Bid Is genuine and Is not a collusive or sham Bid/Bid; and 3. Neither the Bidder/Bidder nor any of Its officers, partners, owners, agents, representatives, employees, or parties In Interest, including Affiant, has In any way colluded. conspired. connived, or agreed, directly or Indirectly with any other Bidder/Bidder, flrm, or person to submit a colluslve or sham Bid/Bid, or has In any manner, directly or Indirectly, sought by agreement or collusion or communication or conference with any other Bidder/Bidder, firm, or person to flx the price or prices in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person Interested In the proposed Contract Bidder Initials Scrutinized Company Ce,:tfflcatfon I. Bidder certifies that It and Its subcontractors are not on the Scrutinized Companies that Boycott Israel List Pursuant to Section 287.135, F.S., the City may Immediately terminate the Agreement that may result from this 1TB at Its sole option If the Bidder or Its subcontractors are found to have submitted a false certification: or If the Bidder, or Its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or Is engaged In the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this 1TB Is for more than one mllllon dollars, the Bidder certifies that It and Its subcontractors are also not on the Scrutinized Companies with Activities In Sudan, Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List, or engaged with business operations In Cuba or Syria as ldentlfled In Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may Immediately terminate the Agreement that may result from this 1TB at Its sole option If the Bidder, Its affiliates, or Its subcontractors are found to have submitted a false certification; or If the Bidder, Its affiliates, or Its subcontractors are placed on the Scrutinized Companies with Activities In Sudan List, or Scrutinized Companies with Activities In the Iran Petroleum Energy Sector Use, or engaged with business operations In Cuba or Syria during the term of the Agreement. 3. The Bidder agrees to observe the above requirements for applicable subcontracts entered Into for the performance of work under the Agreement that may result from this 1TB. As provided In Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become Inoperative. Bidder Initials Drug-free Workglace Affidavit Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service. Bidder understands that In order to qualify as a drug-free workplace, Bidder must: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited In the workplace and specifying the actions that will be taken agatnst employees for violations of such prohibition. b) Inform employees about the dangers of drug abuse In the workplace, the Bidder's pollcy of maintaining a drug-free workplace. any available drug counseling, rehabilitation, and employee 27 of 67 25 of 39 assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. I) Give each employee engaged In providing commodities or contractual services under the 1TB a copy of the statement specified In subsection {I). 2) Notify employees that, as a condition of working on the commodities or contractual services under the 1TB, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any vlolatlon of chapter 893 or of any controlled substance law of the United States or any state, for a vlolatlon occurring In the workplace no later than flve {5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such Is available In the employee's community, by any employee who Is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the Implementation of this section. Based on Information and belief. the statement, which I have marked below, Is true In relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) e('The entity submitting this sworn statement Is a drug-free workplace and Is In full compliance with the requirements set forth under F.S. § 287.087. D The entity submitting this sworn statement Is not a drug.free workplace. Ff/ Bidder Initials Cfty Non-Dlscrlmf natl on Requirements Affldaylt Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City wlll not enter Into or award a contract to an entity engaged In a boycott. Bidder understands that .. Boycott" as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action Is based on race, color, national origin, rellglon, sex, gender Identity, sexual orientation, marital or familial status, age, or disability In a discriminatory manner. The term boycott does not Include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are speclflcally authorized or required by federal law or state law. Bidder certlfles that It Is not engaged In a boycott, and Is In full compliance with Section 3-1.1 of the Code of the City of South Miami. FJ Bidder Initials Acknowledgment. Warranty, and Acc@ptance I. Contractor warrants that it Is willing and able to comply with all applicable state of Florida laws, rules and regulations. 28 of 67 26 of 39 2. Contractor warrants that it has read, understands, and Is willing to comply with all requirements of 1TB No. PW2023-1 I and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responslbilltles under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all Information provided by It In connection with this Bid Is true and accurate. -pt/ Bidder Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 29 of 67 27 of 39 In the presence of: Witness #I Print Name: _____ _ Witness #2 Print Name: _____ _ Slgned~d ~ver9d by: L,'~~-- Print Title:----=--=--~=.:..::~------ ACKNOWLEDGMENT State of florldar?. ~ County of ___ v'_t.~..:::.~ ........ --- The foregoing Instrument was acknowledged before me by means of .0'?!caLpre••mc~~ onllne notarization, this _ZQ day of_-=-~~---..) 207..3. by c..e/'4 (/§fi.~ , ...(name of person) as __ ...z~~UJ.~~------(type of authority) for It~ u##'A "o/ i:OJZ,a. (name of party on behalf of wh Instrument is executed). 7 f Notary Publle6--Type as / Commissioned) _\.../"'=---P.PEersonally known to me: or ___ Produced identification (Type of Identification: ____________ _ ___ Did take an oath: or ___ Did not take an oath 30 of 67 28 of 39 A Notary Publlo State of Florida Pothc R Clevelo Lopez My Comml&tlon HH 320488 E>tplres 101101202& FORM4 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after ''Yes" or "No". If you answer "Yes", please explain In the space provided, or on a separate sheet attached to this form. I. 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) yearsl YES ___ NO ,L 2. Has your flrm, or any member of your firm, been declared In default, terminated or removed from a contract or Job related to the services your flrm provides In the regular course of business within the last flve (5) yearsl / YES ____ N0_~--- 3. Has your firm had against It or filed any requests for equitable adjustment, contract claims, Bid protests, or lltlgatlon In the past five (5) years that Is related to the services your firm provides In the regular course of buslnessl V YES ____ NO ___ _ If yes, state the nature of the request for equitable adjustment, contract claim, lltlgatlon, 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 falslflcatlon of facts shall be cause for forfeiture of rights for further consideration of this Bid or Bid for the City of South Miami. ACKNOWLEDGMENT State of Florid~ --h County of PQ~ · The foregoing lnstr'!~nt was acknowledged before me by means of ✓ ~lei) presen5e gr Cl online notarization, this~ day of Jc. 20 Z~ by l::_-ebi? L,,t::Lr t:11!5 . Jr~~ of person) as a (type of authority) for v e 7/~"i rA!!fC---(name of party on behalf of hom Instrument Is executed). 31 of 67 29 of 39 Notary Puhl rln , Stamp, or Type as Commissioned) FORMS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification Is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-1921 I). Coples of the regulations are available from local offices of the U.S. Small Business Administration. (I) The prospective primary participant certifies to the best of Its knowledge and belief that It and Its principals: (a) Are not presently debarred, suspended, proposed for disbarment. declared Ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil Judgment rendered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a publlc (Federal, State, or local) transaction or contract under a publlc transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft. forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated In paragraph (l)(b) ofthls certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State. or local) terminated for cause or default. (2) Where the prospective primary participant Is unable to certify to any of the statements In this certification, such prospective primary participant shall attach an explanation to this Statement of Quallflcatlons. Entity Name: // l:71~,e/~C Date: 6/7 0 / '2d2,, 3 I , 32of 67 30 of 39 z-.d.-'27 ....L-----By. _____________ _ Signature of Authorized Representative Name and Title of. uthorlzed Repres ntatlve FORM6 BIDDER'S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Quallflcatlons Questionnaire. By completing this form and submitting a response to the 1TB, you certify that any and all Information contained In the bid Is true, that your response to the 1TB Is made without prior understanding, agreement, or connections with any corporation, flrm or person submitting a response to the 1TB for the same materials, supplies, equipment, or services, Is In all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the 1TB, and certify that you are authorized to sign for the Bidder's firm. Some responses may require the lncluslon of separate attachments. Separate attachments should be as concise as posslble, while Including the requested Information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some Information may not be applicable: In such Instances, please Insert "N/A". V e 7 't1-.U#;n< U2>1t-P . A~~~ T , 75ys $W :az he/ 5frtl!IT-/lt~,n/ 1 Ft:. . ;;J3t5~ Prlnclpal Business Address ,.3!)5 -3'{2 -~ St;,8 Telephone Number ..k/,J'Gff)veecoo/7· J !'mauAddress Federal 1.0. No. or Social Security Number l::ZZ00/3/.S- Munlclpal Business Tax/Occupational License No. Facslmlle Number FIRM HISTORY AND INFORMATION How many years has the firm has been In business under Its current name and ownershlpl Z Please Identify the Firm's document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business In the State of Florida: p21 ooo 102 <rso /Z/O~'@Z/ Document Number 1 I Date Flied Please identify the Firm's category with the Florida Department of Business Professional Regulation (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Please indicate the type of entity form of the Firm (if other, please describe): a Individual a Partnership ~orporation □ LLC □ LLP □ Other _________ _ Please Identify the Firm's primary buslness:_=Ca,~_o_h...;;7U/_,;,,,....c/4 __ ~.:;;....;...· ,;,,...._ _________ _ 33 of 67 31 of39 Please Identify the number of continuous years your Firm has performed its primary business: _ Please list all professional licenses and certifications held by the Firm, Its Qualifler/Principal, and any Key Staff. lncludlng any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that Issued the license or certification: License/Certification Name of Entity Issuing License No. License Issuance Date , ~ · • d ✓.:' >~ ~z-?dDlo/~ ...., ~.., Type License or Certlftcatl~on 1~.,...7 f.,,,.,,, 1 €,.,7,~ ''J ,-, v1~1i'J'vt I w, u-,, Please Identify the name, license number, and Issuance date of any prior companies that pertain to your firm: License/Certlflcatlon Name of Entity Issuing License No. License Issuance Date Type ~!'~'', License or Certlfl~!~,~ . --~ .--/?__/,,,..-, n 41,,1 t4w~·,av, ~ ~,7,_.~.'tll?J t: ZZ,a:>/-,-~ r 7....,, / ,.., __ , Please Identify all Individuals authorized to sign for the entity, their title, and the threshold/level of their signing authority: Authorized Signor's Name Fd~ ~ (/Jdi,b rJd (/rJ' ck-> Title Signing Authority Threshold (All, Cost up to $X-Amount, No Cost, Other) All /I-Ill Please Identify the total number of Firm employees, managerial/administrative employees, and Identify the total number of trades employees by trade (e.g., 20 electrlclans, 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following Information about the firm's Insurance company: €e,.ft,L 7°'1x;~ee~1ce Gwl4lla Znc• ~~ Al~ Insurance Carrier Name ' Insurance Carrier Contact Person Insurance Carrier Address Telephone No. Has the Firm flied any Insurance claims In the last five (5) yearsl ~o a Yes If yes, please Identify the type of claim and the amount paid out under the claim: _______ _ FIRM OWNERSHIP Please Identify all Firm owners or partners, their title, and percent of ownership: Owner/Partner Name Tltl~ Ownership (%) Fdhi (i. (/aj/dtb /?11£&ICW11· T-e,l1Jc· ,J,J ck'=' 5::f 7 32 of 39 Pl«,se Identify whether any of the owners/partners identified above are owners/partners In another entity: liNo □ Yes If yes, please Identify the name of the owner/partner, the other entity's name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please Identify the five (5) most recent contracts In which your Firm has provided services to other public entitles: Public Entity Contact Person Telephone No. Email Address Date Awarded By signing below, Bidder certifies that the Information contained herein Is complete and accurate to the best of Bidder's knowledge. Arm: t/ e7/~ CeM/7 · Authorized Signature: #'_ ~ ,z;.,, ,e:? Print or Type Name: ~ t/'a/~b · 35 of 67 33 of 39 Tltle: w .,., a w '° LIST OF BUSINESS Rlit'.t..~NCES This list of references is an integral part of the Contractor's Bid, and must be completed. All references and infonnation shall be cunent and traceable. NAMEOFBIDDER V G,,,;l~/'~t; l$re .. ~~ r I , List all the projecas which your organization bas completed, during at least the last five years, and which dcmomtrate qualifications to perform the work of this Contract. COMPLEllON DA'IE CONTRACT PRICE TYPE OF CONSTRUCllON ~ 11~o,::r>a>~-tt:-OSY-Z ,OOt?· -., ----de:u· PROIECTNO.2022-017-R MAY2023 LOCATIONOF WORK NAME AND PHONE NUMBEROF OWNER/CLIENT AND ENGJNEER ORARCHllECT PAGE IS -7~"?? ~ $6/-7-17-57. ADDRESSOF OWNER/CI.JENT AND ENGll'mER ORARCHITECT ,.,;~ '/'J>p ITEM NO. 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 12.00 13.00 FORM7 BID FORM/SCHEDULE OF VALUES 1TB No. PW2023-1 I Bid prices stated In this Form shall Include all costs and expenses for labor, equipment. materials, contractor's overhead, profit. bond and Insurance, and general conditions. Payment for this project wlll be based upon completion of the entire project as a Lump Sum contract. ITEM Milllng Exist. Asph Pavt 1-1/2" Avg Depth Type S-111 Asphalt Adjus Existing Valve Box, Meter Box, Fire Hydrant, Manhole cover, and Catch Caslns Marker Pavement Retro-Reflective (Yellow/Yellow) Thermoplastic, white, solid 6" Thermoplastic, white, solid 1211 Thermoplastic, yellow, solid 611 Speed Hump Sign WI 7-1 Arrow Sign WI 6-7P Ahead Sign W 16-9P Asphalt traffic humps General conditions including mobilization, clearing and grubbing. barricades, maintenance of traffic, traffic control officer, bonds, Insurance and permits (10%) Traffic Control Officer Contingency (5%) 36 of 67 35 of 39 QTY UN 213 SY 18 TON 2 EA 20 EA 936 LF 248 LF 808 LF 8 EA 4 EA 4 EA 2 EA I LS. 60 HR I LS. UNIT PRICE TOTAL AMOUNT $ /CJo@ $ Z.//~.(V $/~-@ $ Z880°~ $ Z60.ce $ GcJZJ•dtJ $ /().cl?} $ 2<::Jt), dl) $ f.cD $ 'f'o'• (Jl) $ z,OD $ ~'?6· &0 $ ::/. oD $ eoe. dl) $ z~oz, $ 4oa,, ti;) $ 'Z&cJ· ell) $ /,Oo(). a> $z~.@ $ I' c,oo ,oZJ $ .3; ¢,c». (V $ 7,. ca:? . cl> SUB-TOTAL $ /~ /5l'J, (7[) $~ o/15,d> $ 1, 11s. tJlJ $ 52.00 $3,120.00 $ fS7.50 $ff;').~ TOTAL: $ Z51 l'-/'Z 0 6C SUBMITTED THIS ·2-c) PROPOSAL SUBMITTED BY: V eni,,~,y a1u.? · Name of Person Autberlz~ Subjlllt Proposal ;z ..If!!!,,_ · L..,/ /4 Signature DAYOF 37 of 67 36 of 39 _~_0:-?( _____ 20 ~~ Telephone Number Fax Number Mi ~eecor-e• n.d-" /Email Address "' FORMS REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE #I Publlc Endty Name: C!/J' pf' ~ /l4t t:;;,,,; Reference Contact Person/Tltle/Departrnent: AvJ Cary,Me6'~.5 I ? C. Contact Number & Email ~d.S -463 ,.. 20 "?Z 4eo~nttk~G}GavrA m,"t:;,,,.,,·p. ;ov. ) 7 Public Endty Size/Number of Residents/Square MIieage. 0/4 y 5~ /l/,,'c;-m, · / Event(s) Completed (Include Name of Project/Event, Date of Event Start/Completion, Detalls on Size/Scope of Work/Complexity) f'§, .3'1(/ · 70 · ~c,,«k aud cx:dfu/ott ~. /lt/k ~r"k,j Is the Contract still Actlvel Yes __ No 38 of 67 37 of 39 REFERENCE #2 Public Entity Name: ....;_M....;..;;;;rJ_t<.._1..S----1;;;0:;...._ _______________ _ Reference Contact Personffide/Department: 6<,-o/ c'/411-/4.e · iP ,t,/ Contact Number& Email 78~ -S'~Z-~o/18 e;-c:ur c6tzkf] ,,,v"c;,,-,/d_q c& . c;ov . / / Public Endty Size/Number of Residents/Square MIieage: M/e;~f -£b o/? lo ,znf • Event(s) Completed (Include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) t -ft 750, t)t!'J() • ~ ~ d/n e~~,~ I~ '' 0/PW/vf . ~qcf<-vo,z,£, .9/4y'f fs,p;,r Is the Contract still Active? Yes __ No L/' 39 of 67 38 of 39 REFERENCE #3 Publlc Entity Name: MOP/205 Reference Contact Person/Title/Department: _~_v_tr,_,-,,e __ k_o_,,a_,_;;e----· ________ _ 7-, t'neµe/ t/L(q,-,a,lea - Contact Number & Email ~S-.. 7S.S--S:'-153 Puane . k~ep €).rn/l:irn, de~ -7tn1 Public Entity Size/Number of Residents/Square MIieage: /4/,c,m, ·~ tqo§, G ch? 3/ Event(s) Completed (include Name of Project/Event, Date of Event Start/Completlon, Details on Size/Scope of Work/Complexity) _,(:._~_t3.....,0,,_, _/'57 __ . _2-__ / ____________ _ New 23_,,,,, /4 f ~,t 7 .. £u. Is the Contract stlll Activel Yes __ No END OF SECTION 4 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:July 18, 2023 SUBJECT:Construction of Two (2) Speed Humps recommended by the Citywide Traffic Calming study completed on March 2022. RECOMMENDATION:Staff recommends the subject item for approval BACKGROUND:The Citywide Traffic Calming study,completed in March 2022, recommended the installation of speed humps to reduce speeding and improve the City’s quality of life.A total of five (5) speed humps were recommended: SW 59th Avenue between SW 77th Terrace & SW 76th Street SW 59 Avenue Between SW 76 St & SW 74 Terrace SW 78th Street between SW 63rd Avenue to SW 62nd Avenue SW 64th Place between SW 58th Terrace to SW 56th Street SW 60th Place between SW 44th Terrace to SW 42nd Street. However,only two (2) locations received concurrency from the residents: SW 59 Ave Between SW 77 Ter & SW 76 St and SW 59 Ave Between SW 76 St & SW 74 Terrace. PROCUREMENT PROCESS:Through the Procurement Division, the City’s Public Works & Engineering Department issued a solicitation on May 26, 2023,for the construction of two (2) speed humps as recommended by the Citywide traffic study completed on March 2022. On June 20, 2023, the City received a total of seven (7) proposals in response to the solicitation. Pursuant to review, it was determined that V Engineering Corp, is the most cost effective and responsible bidder for this proposal. Below are the top three proposals received: Contractor Bid Price V Engineering Corp.,$25,142.50 Maggolc Inc.$30,115.75 Perrin International Services, Inc.$39,969.00 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM VENDOR &EXPENSE:V Engineering Corp Proposal/contract amount shall not exceed $27,656.75 ($25,142.50 + $2,514.25 = $27,656.75). A 10% contingency in the amount of $2,514.25 will be added to the contract amount for any unforeseen construction- related activity. FUNDING:The expenditure shall be charged $27,656.75 to the People’s Transportation Plan Fund account number 124-1730-541-6490which has a balance of $722,359 prior to this request. ATTACHMENTS:Resolution ITB PW2023-11 Construction Documents with Exhibits V Engineering Corp., Bid Documents Bid Tabulation ITB PW2023-11 Proposal Summary ITB PW2023-11 Daily Business Review Advertisement Sun Biz 3 CITY OF SOUTH MIAMI INVITATION TO BID (ITB) No. PW2023-11 INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS City of South Miami Commission Mayor Javier Fernández Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Josh Liebman Commissioner Brian Corey City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: May 26, 2023 SUBMITTAL DUE DATE: June 20, 2023 SUBMITTAL DUE TIME: 10:00 AM BID OPENING DATE: June 20, 2023 BID OPENING TIME: 10:30 A.M. 1 of 67 7 PUBLIC NOTICE INVITATION TO BID (ITB) No. PW2023-11 INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS. Interested companies, firms, and individuals (“Bidders”) may obtain a copy of Invitation to Bid No. PW2023-11 (the “ITB”) to be issued on May 26, 2023, at the City of South Miami 6130 Sunset Drive, South Miami, FL 33143, on the City’s website at www.southmiamifl.gov, or via DemandStar at https://network.demandstar.com/. The ITB contains detailed information about the scope of work, submission requirements, and selection procedures. All notices and any addenda issued by the City with respect to the ITB will be made available on the City’s website. It is the Bidder’s sole responsibility to ensure receipt of any issued notice or addenda relating to this ITB once posted to the website. The bid submission shall be submitted electronically via DemandStar and marked “Bid to City of South Miami, ITB No. PW2023-11 for the “INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS.” Bids must be received by the City by no later than June 20, 2023 at 10:00 a.m. EST. E-BID OPENING VIA VIDEO CONFERENCING: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ Bids will be publicly opened through video conferencing using the Zoom platform. At 10:30 AM, local time. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. Any bid submission received after this time and date will be rejected and returned unopened. Bidders are responsible for ensuring that their bid is received in the City by the deadline. A pre-response conference will NOT be held for this project. The City hereby provides notice to all Bidders of the imposition of a Cone of Silence for this solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a prohibition on communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or request/invitation for bid b etween a potential vendor, service provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any qu estions on the Cone of Silence. Date Issued: May 26, 2023 2 of 67 8 TABLE OF CONTENTS Section Page Section 1: Information for Bidders 4 Section 2: Terms and Conditions 11 Section 3. Scope of Work 17 Section 4: Bid Submission Requirements and Evaluation & Forms and Attachments 20 Section 4: Bid Form/Schedule of Values – Form 7 36 Section 4: References – Form 8 38 Section 4: Bid Guaranty/Bid Bond 41 3 of 67 9 SECTION 1. INFORMATION FOR BIDDERS 1.1. INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the “City”) is soliciting bids for the INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS (the “Project”). The City hereby requests bids for the selection of one firm (“Contractor” or “Bidder”) to provide the work for the Project as set forth in greater detail in Section 3 of this Invitation to Bid (“ITB”). The Contractor awarded a contract pursuant to this ITB shall provide the services, design, labor, materials, equipment, and all incidentals necessary, as further defined in Section 3 of this ITB (the “Work” or the “Services”) for the Project. The City intends to award a contract to the lowest, most responsive and responsible Bidder whose bid meets the requirements and criteria set forth in this ITB for the Work described in this ITB. 1.2. SCHEDULE OF EVENTS. The following schedule is anticipated for this ITB process, but is subject to change by the City, in its sole discretion, at any time during the ITB procurement process. No. Event Date* Time* (EST) 1 Advertisement/ Distribution of ITB 5/26/2023 2:00 PM 2 Non-Mandatory / Mandatory Pre-Bid Conference and Site Visit 6130 Sunset Drive South Miami, FL 33143 NONE SCHEDULED 3 Deadline to Submit Questions / Requests for Clarification June 13, 2023 10:00 AM 4 City Issues Addenda and Responds to Questions June 16, 2023 10:00 AM 5 Deadline to Submit Sealed Bids – Submission Deadline June 20, 2023 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. June 20, 2023 10:30 AM 7 City Manager issues recommendation to City Commission July 18, 2023 7:00 PM 8 Award Bid(s) and Agreement(s) at City Commission Meeting July 18, 2023 7:00 PM 4 of 67 10 1.3. BID DUE DATE. Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at https://network.demandstar.com/. All sealed bids must be received by 10:00 a.m. E.S.T. on June 20, 2023 (the “Submission Deadline”). Sealed bids will be publicly opened through video conferencing using the Zoom platform. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A pre-bid conference, will be NOT be scheduled for this project. Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded contractor or the equipment, materials and labor required. The Bidder is also required to examine carefully the Scope of Work set forth in Section 3 of this ITB and be thoroughly informed regarding any requirements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirements. 1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING BID PROCESS. The City will not respond to oral inquiries or questions concerning this ITB. All written inquiries, requests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-mail or written correspondence and received by the City no later than June 13, 2023 at 10:00 a.m. All such interpretations or clarifications will be made in writing in the form of an Addendum to this ITB issued by the City to all known and/or registered prospective Bidders. Each prospective Bidder shall acknowledge receipt of such Addenda by including it in the Bid Form. All Addenda shall be a part of this ITB and a part of the Agreement and each Bidder will be bound by such Addenda, whether or not received. It is the responsibility of each prospective Bidder to verify that it has received all Addenda issued before Bid are submitted and opened. 1.6. SUBMISSION OF BID. Sealed Bids must submitted electronically through the DemandStar Electronic Bid System at https://network.demandstar.com/ by the Submission Deadline and must be marked as “Bid to City of South Miami, ITB No. PW2023-11, INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS,” and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov 5 of 67 11 THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF BIDS. ANY BID RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS ITB WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED BID SHALL NOT BE CONSIDERED. The Bid must be signed by an authorized officer of the Bidder who is legally authorized to bind the Bidder and enter into a contractual relationship in the name of the Bidder. The submittal of a Bid by a Bidder will be considered by the City as constituting an offer by the Bidder to perform the required Work, upon the terms and at the prices stated by the Bidder. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ Bids will be publicly opened through video conferencing using the Zoom platform at 10:30 AM, local time. Members of the public are invited to view the bid opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. Bids shall be typed or printed in ink. All blanks on the Bid form(s) must be completed. Names must be typed or printed below the signature. Bids submitted by hand-delivery, facsimile and/or email will not be accepted. Only one (1) Bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. If the City determines that any Bidder has interest in more than one (1) Bid for Work contemplated; all Bid in which such a Bidder is interested will be rejected. Bidder by submitting this Bid certifies that this Bid is made without previous understanding, contract, or connection with any person, firm or corporation making a Bid for the same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud. 1.7. BID REQUIREMENTS & FORMAT. Each Bidder must present its products, services, and applicable features in a clear and concise manner that demonstrates the Bidder’s capabilities to satisfy the requirements of this ITB. The emphasis should be on accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the Work. Bids MUST include the following: 1.7.1. Bid Form Package. Bidder shall provide complete and accurate copies, with all required signatures and notarizations, for all the forms in the Bid Package: Form 1. Bid Form Package Acknowledgement. Form 2A. Bidder’s Certification (if Company or Corporation) Form 2B. Bidder’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Bidder’s Qualifications Survey Form 7. Bid Form/Schedule of Values Form 8. Reference List Form 9. Bid Guaranty/Bid Bond 6 of 67 12 1.7.2. Proof of Experience. Provide documentation evidencing the experience of the Bidder and demonstrating that the Bidder has successfully provided Work similar to those specified herein to other firms and/or agencies of similar size and needs as the City. The Bidder firm shall be currently engaged in Work on a full time basis and shall have been in existence and continuous operation providing the Work for a minimum of five (5) years. 1.7.3. Safety Record. Bidder shall provide documentation evidencing the safety and compliance record of the Bidder in performing similar Work, including information as to any safety or any noncompliance violations, assessments or citations issued by applicable governmental agencies in the past five (5) years. 1.7.4. Bidder's Qualifications. Include name, function, and qualifications of key personnel, including key subcontractors, in the organization who will be providing Work. The key person or contact assigned to the Work shall within the past three (3) years have conducted and been responsible for providing Work in a similar project or environment. Please note, to receive further consideration, all Bidders must provide the necessary documentation to demonstrate that they meet the following minimum qualifications: 1.7.4.1. Service and Incorporation. Contractor shall have been in business and continuous operation and service and incorporated in the State of Florida for a minimum of five (5) years. 1.7.4.2. Licenses. Contractor must be fully licensed with any and all applicable and required licenses, certifications and permits for Work, including government licenses, certifications, and permits from the State of Florida, Miami-Dade County, the City, and any other governing governmental regulatory authorities. 1.7.5. Insurance Certificates. Bidder shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including: 1.7.5.1. Commercial General Liability 1.7.5.2. Workers Compensation & Employer’s Liability 1.7.5.3. Business Automobile Liability THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 1.7.6. Bidder may provide any additional information that highlights experience or expertise, which is relevant and directly applicable to this ITB. 1.8. EVALUATION CRITERIA/AWARD OF CONTRACT. Award shall be made to the lowest responsible and responsive Bidder whose qualifications indicate the Award will be in the best interest of the City and whose Bid complies with the requirements of this ITB. In no case will the Award be made until all necessary investigations have been made into the responsibility of the Bidder and the City Manager is satisfied that the Bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the Work in the specified timeframes. The responsible bidder shall be a person who has the capability in all respects to fully perform the contract requirements and the tenacity, perseverance, integrity, experience, ability, reliability, capacity, facilities, equipment, financial resources and credit which will give a reasonable expectation of good faith performance, and a person who has submitted a bid which conforms in all material respects to the ITB (the “Responsible Bidder”). In evaluating responsibility, the City may also consider previous contracts with 7 of 67 13 the City, past performance and experience with other contracts, compatibility of the project team with City personnel, and any other criteria deemed relevant by the City. The City Manager or designee may reject those bids that do not meet the minimum requirements of the ITB. If the City accepts a bid, the City will provide a written notice of award to the lowest responsible and responsive Bidder who meets the requirements of this ITB. If the successful bidder to whom the contract is awarded forfeits the award by failing to meet the conditions of this ITB, the City may, at the City’s sole option, award the contract to the next lowest, most responsive, and responsible bidder or reject all bids or re-advertise the Work. Neither this ITB, nor the notice of award of the Agreement(s) constitutes an agreement or contract with the Successful Bidder(s). An agreement or contract is not binding until a written agreement or contract, in substantially the form attached hereto as Attachment “A,” has been executed by the City and the Successful Bidder(s) and approved as to form, content, and legal sufficiency by the City Manager and City Attorney. 1.9. CITY’S RIGHTS; WAIVER OF IRREGULARITIES. The City reserves the right to reject any or all bids which is in any way incomplete or irregular, re-bid the entire solicitation, or enter into contracts with more than one Contractor. The City reserves the right to accept or reject any and/or all Bid or parts of Bid, to workshop or negotiate any and all Bid, to select and award Bidder(s) for all or any of the Work, waive irregularities in Bid, to cancel or discontinue this ITB process, and to request new Bid on the required Work or services. The City Commission shall make the final determination and award of Bid(s). All materials submitted in response to this Invitation to Bid become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any Bid or responses to the ITB, whether amended or not, and selection or rejection of Bid does not affect this right. 1.10. CODE OF ETHICS PROVISIONS. 1.10.1. Cone of Silence. The provisions of City’s Cone of Silence are applicable to this ITB. The City’s Cone of Silence provisions can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov The Cone of Silence as used herein means a prohibition of any communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or invitation/request for bid, between a potential vendor, service provider, proposer or bidder (hereinafter referred to as the "potential bidder"), or agent, representative, lobbyist or consultant for the potential bidder; (hereinafter referred to as the "bidder's representative"); and (i) Members of the City Commission; or (ii) City's professional staff; or 8 of 67 14 (iii) Any member of the City's selection, evaluation or negotiation committee. The provisions of the Cone of Silence shall not apply to: (i) Communications at a duly noticed pre-bid conferences or at any duly noticed public selection or negotiation committee meeting or duly noticed public City commission meeting at which the City Manager has placed the subject of the solicitation on the agenda; (ii) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in F.S. § 286.0113; (iii) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the selection or negotiation committee meetings; (iv) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City clerk by the potential bidder or bidder's representative. The City clerk shall make copies available to any person upon request; (v) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's purchasing agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (vi) Communications with the City attorney and his or her staff; (vii) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (viii) Any emergency procurement of goods or services pursuant to City code; (ix) Responses to a request made by the City's purchasing agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (x) Communications prior to bid opening between City's professional staff and potential bidders and/or bidder's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential bidders and/or bidder's representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. 1.10.2. Lobbying Prohibited. All potential Bidders and their agents who intend to submit, or who submitted, a bid or response to this solicitation, are prohibited from lobbying, individually or collectively, any City Commissioner, candidate for City Commissioner, or any employee of the City in connection with this solicitation. The term "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City 9 of 67 15 Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Procurement Division, which is for the purpose of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5(c)(9), of the City Code of Ordinances and completing Attachment B to this ITB. Any person who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. All Bidders are strongly encouraged to review Section 8A-5 of the City Code of Ordinances for further information. To register as a lobbyist, please contact the City Clerk at: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov END OF SECTION 1 10 of 67 16 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF BID. The City requests Bids from qualified firms for the INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS Project (the “Project”). The Work to be performed is further detailed in the Scope of Services provided in Section 3 herein (the “Work” or “Services”). The frequency, nature, scope and definition of the Work desired or required by the City may change from time to time, at the City’s discretion. The City intends to secure a source of supply(s) for the Work from a qualified contractor(s) that conform to the requirements of this ITB and is most advantageous to the City and in its best interest. The City reserves the right to award the Bid(s) considered to best serve the City’s interests. 2.2. DELIVERY. All equipment, materials, and goods in connection with the Work shall be delivered F.O.B. destination (i.e., at a specific City address), and delivery costs and charges (if any) will be included in the Bid pricing. Exceptions should be noted. 2.3. EQUIPMENT. Any equipment or products used by Contractor to provide Work pursuant to this ITB shall remain the property of the Contractor. In the event equipment or products used by the Contractor are found to be defective, of unsatisfactory quality, or do not conform to the requirements of this ITB or the Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense. 2.4. PRICING. The Bid form attached to this ITB under Section 4 and to be included with each Bid shall specify the Bidder’s pricing and/or fees for the equipment and Work requested herein. Bidder should include any and all applicable taxes in Bid prices. If the Bidder is awarded an Agreement pursuant to this ITB, the prices and fees quoted in the Bid shall remain fixed and firm during the term of the Agreement. 2.5. BID COSTS. Bidders submitting Bid do so entirely at their own cost and expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Bid, providing additional information when requested by the City, or for participating in any selection interviews. 2.6. LICENSES AND PERMITS. Bidder shall secure any and all necessary and required licenses, certifications and permits to conduct the Work, including, but not limited to, all Federal, State, County and City licenses and permits. All Bidders must provide the necessary documentation to demonstrate that they meet all applicable licensing and permitting requirements. By submitting a Bid in response to this ITB, Bidder represents and warrants to the City that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental authority or agency to perform the Work. Bidder represents and warrants to the City that the Licenses shall be in full force and effect on the date of performance of the Work and further represents that it holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with 11 of 67 17 copies of all Licenses and any additional permits that may be required for performance of the Work with its Bid and during the term of the Agreement. Where the Contractor is required to enter onto City property, public rights-of-way or other property to deliver equipment or to perform the Work as a result of a Bid award, the Contractor will assume the full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and insurance required. The Contractor shall be liable for any damages or loss to the City property, or other property or persons, occasioned by the acts or omissions, or the negligence of the Bidder (or their agent) or any person the Bidder has designated in the performance of the Work, as a result of the Bid. 2.7. INSURANCE. 2.7.1. If selected, the Contractor shall secure and maintain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Contractor’s actual Insurance Policies as required herein and Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured. Each Policy and certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Contractor shall provide a waiver of subrogation for the benefit of the City. The Contractor shall be responsible for assuring that the insurance policies and certificates required by this Section remain in full force and effect for the duration of the Work. 2.7.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 2.7.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this ITB who is not covered by Worker’s Compensation insurance. 2.7.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. 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 Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 2.7.2. The Contractor agrees to indemnify, defend and hold harmless the City from and against any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily injuries and/or property damage which arise or grow out of the Agreement or Contractor’s performance of the Work required by this ITB. 2.7.3. The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of Contractor's timely payment of each insurance policy premium as required by the Agreement. 12 of 67 18 2.7.4. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 2.8. BONDS. The selected Contractor must, prior to performing any portion of the Work and within three (3) days of the Effective Date of the Construction Contract, deliver to the City the Bonds required to be provided by Bidder hereunder and the Construction Contract(collectively, the “Bonds”). The City, in its sole and exclusive discretion, may also require other bonds or security, in order to guaranty that the awarded contract with the City will be fully and appropriately performed and completed. The surety providing such Bonds must be licensed, authorized, and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds shall be included in the contract price. If notice of any change affecting the scope of services/work, the contract price, contract time, or any of the provisions of the Construction Contract is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be t he selected Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the selected Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to the City. 2.8.1. Performance Bond. If this provision is selected, the selected Contractor must deliver to the City a performance bond in an amount equal to 100 percent of the price specified in the contract. The performance bond shall provide that the bonding company will complete the project if the selected Contractor defaults on the contract with the City by failing to perform the contract in the time and manner provided for in the contract. 2.8.2. Payment Bond. If this provision is selected, the selected Contractor must deliver to the City a payment bond in an amount equal to 100 percent of the price specified in the contract. The payment bond shall provide that the bonding company or surety will promptly pay all persons who supply labor, materials, or supplies used directly or indirectly in the performance of the work provided for in the contract between the selected Contractor and the City if the selected Contractor fails to make any required payments only. 2.8.3. Waiver of Bonds. If this provision is selected, the City Manager has waived or limited the requirements contained herein for payment or performance bonds upon such circumstances as are deemed in the best interest of the City. If the requirement for a payment bond is waived, the City shall select this box: ☒. If the requirement for a performance bond is waived, the City shall select this box: ☒. 2.9. BID GUARANTY/BID BOND. Each bid must be accompanied by a Bid Bond or Cashier’s Check, in the amount of five percent (5%) of the bid, in the form provided in Form 9. Bid Guaranty shall be made by certified or cashier's check or by a bid bond made payable to the City and provided by a surety company authorized to do business as a surety in the state. All Bid Bonds shall be valid for a period of at least 90 days from the bid submission date. The Bid Bonds for all unsuccessful bids shall be returned after the 90-day period. The purpose of the bid bond is to ensure that bids are honored and that they remain valid for the required period. Accordingly, bid bonds are subject to forfeiture any time Bidders refuse to honor their bids for at least 90 days after bid opening. The Bid Guaranty of the successful bidder will be retained until such bidder has executed a contract and furnished any payment and performance bonds, along with all insurance policies, licenses, or other documentation that may be required by the City. If the successful bidder fails to furnish the required payment and performance bonds, fails to execute and deliver the contract, or fails to deliver the required insurance policies, licenses, or other documentation to the office of the purchasing agent within the time specified in the instructions to bidders, the City may annul the notice of award and the entire sum of the Bid Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be returned after the Contract is awarded and executed. 13 of 67 19 Bid Bonds shall be submitted to the City Clerk’s Office no later than the Submittal Due Date: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov If the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select this box: ☐. 2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Contractor shall conduct its operations in compliance with all applicable federal, State, County and City laws and regulations in providing the Work required by this ITB. 2.11. ASSIGNMENT. The Contractor shall not transfer or assign the performance of the Work required by this ITB and the Agreement without the City’s prior written consent. Any award issued pursuant to this ITB and monies which may be payable by the City, are not assignable except with the City’s prior written approval. 2.12. ATTORNEY’S FEES. If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not, Contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest and reasonable attorney’s fees. 2.13. CONTRACTOR’S RELATION TO THE CITY. It is expressly agreed and understood that the Contractor is in all respects an independent contractor as to all Work hereunder, and that the Contractor is in no respect an agent, servant or employee of the City. This ITB specifies the Work to be performed by the Contractor, but the method to be employed to accomplish the Work shall be the responsibility of the Contractor, unless otherwise provided in the Agreement or by the City. 2.14. DISCRIMINATORY PRACTICES. The Contractor shall not discriminate or deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Contractor will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. 2.15. CANCELLATION. Failure on the part of the Contractor to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the Contractor holding the City harmless. 2.16. INDEMNIFICATION. The Contractor shall indemnify, save harmless and defend the City, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act, 14 of 67 20 error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees, in the performance of the Work pursuant to this ITB and/or from any procurement decision of the City including without limitation, awarding the Agreement to a Contractor. 2.17. MULTIPLE /OTHER VENDORS. The City reserves the right to select and award multiple Bidders to provide some or all of the Work. If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources. 2.18. PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287.133(3)(a), Florida Statute, all Bidders are advised as follows: “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 publi c building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” 2.19. NO CONTINGENCY FEE. Bidder shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making the Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement, without liability, at its discretion. 2.20. PUBLIC RECORDS; CONFIDENTIALITY. Bidders are hereby notified that all information submitted as part of or in support of Bid submitted pursuant to this ITB are public records subject to public disclosure in accordance with Chapter 119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this ITB, Florida Law will govern and prevail. All Bids submitted in response to this ITB shall become the property of the City. Unless the information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Bid in its best interest. Acceptance or rejection of any Bid shall not nullify the City’s rights hereunder. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 15 of 67 21 2.21. AMERICAN RESCUE PLAN ACT PROVISIONS. Bidder acknowledges that the Work or Services may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum to this solicitation. If compliance with this section is required, the City shall select this box: . 2.22. GRANT FUNDING. By submitting a response to this solicitation, Bidders acknowledge that the Work or Services may be fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a response to this competitive solicitation, the Bidder warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Work or Services in accordance with the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Work or the Services will be funded utilizing Grant funds, the City shall select this box:. END OF SECTION 2 16 of 67 22 SECTION 3. SCOPE OF WORK, SPECIFICATIONS, AND REQUIREMENTS 3.1. GENERAL REQUIREMENTS. The Work specified in this Invitation to Bid (ITB) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this ITB (the “Work”). The Work is to be performed in accordance with specifications and the contract documents that are provided to the Contractor by the City herein, as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. The Work also includes but is not limited to keeping the Project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s) for cleanup and disposal; disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City’s satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City. Permit fees charged by other government entities, if required, are the responsibility of the Bidder/Contractor; however, in all cases; it is the responsibility of Bidder/Contractor to secure any and all permits that may be required for this project. All work is to be completed in accordance with specifications, engineering construction drawings attached hereto as Attachment C. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances. 3.2. SPECIFIC REQUIREMENTS. The City is soliciting proposals from highly qualified firms for the installation of speed humps at various locations within the City of South Miami. All work must be completed within thirty (30) calendar days from the issuance of a purchase order and building construction permit as per the specifications, engineering construction drawings attached hereto as Attachment C. Respondents shall review enclosed specifications, engineering construction plan documents, tree survey details, if any. Respondents are required to follow all federal, state and local codes as well as all rule compliance and guidelines with Americans with Disabilities Act (ADA). 17 of 67 23 3.3. SITE LOCATION. The Project will be held at two locations: SW 59TH Avenue between 77th terrace & SW 76th Street; and SW 59 Avenue between SW 76th Street & SW 74 terrace, South Miami, Fl 33143. 3.4. DESIGN PLANS & SPECIFICATIONS. Design plans and specifications for the Project are attached to this solicitation as Attachment C, “Design Plan and Construction Specifications” prepared by Stantec dated May 2023. 3.5. PROJECT DURATION. After permit(s) have been secured/approved, the Bidder is responsible for completing this project within thirty (30) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City’s Project Manager. 3.6. WARRANTY. Bidder must include a warranty and/or guarantees of all material and labor that includes: 3.6.1. any conditions; and 3.6.2. guaranteed response time for repair; and 3.6.3. guaranteed replacement during the warranty period; and 3.6.4. life expectancy under normal use; and 3.6.5. Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and 3.6.6. the term of the warranty. At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year and if General Conditions are made part of the contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. If equipment is being provided, the standard manufacturer’s warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City. 3.7. DOCUMENTATION. A prerequisite to final payment is the execution and delivery to the City of all documents required by any governmental agency, including the City. Such documentation includes documentation for the conveyance of any property or facilities that are the subject of this Project. END OF SECTION 3 18 of 67 24 SECTION 4. BID FORM PACKAGE As provided in the ITB, the following items must be attached to this Bid: FORMS STATUS Form 1 – Bid Form Package Acknowledgement √ Form 2A. Bidder’s Certification (if Company or Corporation) √ Form 2B. Bidder’s Certification (if Partnership) √ Form 3. Single Execution Affidavits √ Form 4. Dispute Disclosure √ Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions √ Form 6. Bidder’s Qualifications Survey √ Form 7. Bid Form/Schedule of Values √ Form 8. Reference List √ Form 9. Bid Guaranty/Bid Bond √ ATTACHMENTS This competitive solicitation incorporates the following attachments, which should be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments: Attachment A. Sample Contract Attachment B: Declaration /Affidavit of Representation Attachment C: Design Plans & Specifications – “Installation of Various Speed Humps” prepared by Stantec dated May, 20232 19 of 67 25 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PW2023-11. I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement. I further certify, under oath, that this Bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify that the undersigned executed this Bid Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with the ITB (Check the box next to each addendum received). ______ Addendum 1 Addendum 6 ______ Addendum 2 Addendum 7 ______ Addendum 3 Addendum 8 ______ Addendum 4 Addendum 9 _______ Addendum 5 Addendum 10 Attached hereto are the following forms/documents which form a part of this Bid: Form 1. Bid Form Package Acknowledgement. Form 2A. Bidder’s Certification (if Company or Corporation) Form 2B. Bidder’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Bidder’s Qualifications Survey Form 7. Bid Form/Schedule of Values Form 8. Reference List Form 9. Bid Guarantee Bond 20 of 67 26 FORM 1 BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ___________________________________________ NAME OF BIDDER FIRM ____________________________________________ SIGNATURE OF BIDDER ____________________________________________ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS ____________________________________________ ____________________________________________ (____) ______________________________________ TELEPHONE NUMBER State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 21 of 67 27 FORM 2A BIDDER’S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF _____________ ) ) SS COUNTY OF ___________ ) I HEREBY CERTIFY that a meeting of the Board of Directors of ___________________________________________________________________ a corporation or company existing under the laws of the State of _________________________, held on ______________________, 2023, the following resolution was duly passed and adopted: RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized to execute the Bid dated, __________, 2023 to the City of South Miami for ITB No. 2023-XX Marshall Williamson Monument Freestanding Display Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the _____________ of ___________, 2023. _______________________ Secretary (SEAL) 22 of 67 28 FORM 2B BIDDER’S CERTIFICATION (if Partnership) CERTIFICATE STATE OF ____________ ) ) SS COUNTY OF __________ ) I HEREBY CERTIFY that a meeting of the Partners of ____________________ _____________________________________________________________________, a partnership existing under the laws of the State of _________________________, held on ____________________, 2023, the following resolution was duly passed and adopted: “RESOLVED, that _____________________________________________, as_____________________________________________________________of the Partnership, be and is hereby authorized to execute the Bid dated ______________, 2023, to the City of South Miami for ITB No. PW2023-11 INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2023. _______________________ Secretary (SEAL) 23 of 67 29 FORM 3 SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By: For (Name of Proposing or Bidding Entity): Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Bidder Initials 24 of 67 30 Public Entity Crimes Affidavit 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 of 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 or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) Neither the entity submitting this sworn statement, nor any of its 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 ad 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, execut ives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 25 of 67 31 it was not in the public interest to place the entity submitting this sworn stateme nt on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph 1 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. Bidder Initials No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be selected for the performance of this contract. Bidder Initials Business Entity Affidavit Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or services to City. Bidder Initials Anti-Collusion Affidavit 1. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid; 26 of 67 32 2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and 3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. __________ Bidder Initials Scrutinized Company Certification 1. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this ITB at its sole option if the Bidder or its subcontractors are found to have submitted a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this ITB is for more than one million dollars, the Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this ITB at its sole option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this ITB. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Bidder Initials Drug-Free Workplace Affidavit Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service. Bidder understands that in order to qualify as a drug-free workplace, Bidder must: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Inform employees about the dangers of drug abuse in the workplace, the Bidder’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 27 of 67 33 assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 1) Give each employee engaged in providing commodities or contractual services under the ITB a copy of the statement specified in subsection (1). 2) Notify employees that, as a condition of working on the commodities or contractual services under the ITB, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S. § 287.087. The entity submitting this sworn statement is not a drug-free workplace. Bidder Initials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that “Boycott” as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1.1 of the Code of the City of South Miami. Bidder Initials Acknowledgment, Warranty, and Acceptance 1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 28 of 67 34 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of ITB No. PW2023-11 and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all information provided by it in connection with this Bid is true and accurate. Bidder Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 29 of 67 35 In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 30 of 67 36 FORM 4 DISPUTE DISCLOSURE Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 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 __________ 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 __________ 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 or Bid for the City of South Miami. ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 31 of 67 37 FORM 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this Statement of Qualifications. Entity Name: _________________________________________________________ Date: _________________________ By: Signature of Authorized Representative Name and Title of Authorized Representative 32 of 67 38 FORM 6 BIDDER’S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the ITB, you certify that any and all information contained in the bid is true, that your response to the ITB is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the ITB for the same materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the ITB, and certify that you are authorized to sign for the Bidder’s firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such instances, please insert “N/A”. Firm Name Principal Business Address Telephone Number Facsimile Number Email Address Federal I.D. No. or Social Security Number Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION How many years has the firm has been in business under its current name and ownership? Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: Document Number Date Filed Please identify the Firm’s category with the Florida Department of Business Professional Regulation (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Please indicate the type of entity form of the Firm (if other, please describe): □ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other Please identify the Firm’s primary business: 33 of 67 39 Please identify the number of continuous years your Firm has performed its primary business: Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that issued the license or certification: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their signing authority: Authorized Signor’s Name Title Signing Authority Threshold (All, Cost up to $X-Amount, No Cost, Other) Please identify the total number of Firm employees, managerial/administrative employees, and identify the total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the Firm’s insurance company: Insurance Carrier Name Insurance Carrier Contact Person Insurance Carrier Address Telephone No. Email Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the type of claim and the amount paid out under the claim: FIRM OWNERSHIP Please identify all Firm owners or partners, their title, and percent of ownership: Owner/Partner Name Title Ownership (%) 34 of 67 40 Please identify whether any of the owners/partners identified above are owners/partners in another entity: □ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities: Public Entity Contact Person Telephone No. Email Address Date Awarded By signing below, Bidder certifies that the information contained herein is complete and accurate to the best of Bidder’s knowledge. Firm: Authorized Signature: Date: Print or Type Name: Title: 35 of 67 41 FORM 7 BID FORM/SCHEDULE OF VALUES ITB No. PW2023-11 Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a Lump Sum contract. ITEM NO. ITEM QTY UN UNIT PRICE TOTAL AMOUNT 1.00 Milling Exist. Asph Pavt 1-1/2" Avg Depth 213 SY $ $ 2.00 Type S-III Asphalt 18 TON $ $ 3.00 Adjus Existing Valve Box, Meter Box, Fire Hydrant, Manhole cover, and Catch Casins 2 EA $ $ 4.00 Marker Pavement Retro-Reflective (Yellow/Yellow) 20 EA $ $ 5.00 Thermoplastic, white, solid 6" 936 LF $ $ 6.00 Thermoplastic, white, solid 12" 248 LF $ $ 7.00 Thermoplastic, yellow, solid 6" 808 LF $ $ 8.00 Speed Hump Sign W17-1 8 EA $ $ 9.00 Arrow Sign W16-7P 4 EA $ $ 10.00 Ahead Sign W16-9P 4 EA $ $ 11.00 Asphalt traffic humps 2 EA $ $ SUB-TOTAL $ 12.00 General conditions including mobilization, clearing and grubbing, barricades, maintenance of traffic, traffic control officer, bonds, insurance and permits (10%) 1 L.S. $ $ 12.00 Traffic Control Officer 60 HR $ 52.00 $ 3,120.00 13.00 Contingency (5%) 1 L.S. $ $ TOTAL: $ 36 of 67 42 SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title 37 of 67 43 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE #1 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 38 of 67 44 REFERENCE #2 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 39 of 67 45 REFERENCE #3 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No END OF SECTION 4 40 of 67 46 FORM 9 BID GUARANTY/BID BOND ITB #PW2023-11 KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and Bidder, and Hereinafter called Surety, are held and firmly bound unto the City of South Miami, a municipality within the State of Florida, and represented by its City Manager, in the sum of five percent of the proposed annual base bid amount of: $ (Written Dollar Amount) dollars ($______________________) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Principal contemplates submitting or has submitted, a bid to the City of South Miami for the furnishing of all labor, materials (except those to be specifically furnished by the City), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the bid and solicitation, entitled: IN WITNESS WHEREOF, the said as Principal herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, and the said as Surety herein, has caused these presents to be signed in its name by its and attested in its name by its under its corporate seal, this day of , 20___. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Principal/Firm: In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Attorney-In-Fact: (Power of Attorney to be attached) Witness #2 Print Name: Resident Agent 41 of 67 47 ATTACHMENT A SAMPLE OF CONTRACT CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made effective as of the day of , 2023 (the “Effective Date”), by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City"), and NAME OF ENTITY, a Florida [type of entity], (hereinafter, the “Contractor”). WHEREAS, the City desires certain; and WHEREAS, the Contractor will perform services on behalf of the City, all as further set forth in the Proposal dated , 2023, attached hereto as Exhibit “A” (the “Services”); and WHEREAS, the Contractor and City, through mutual negotiation, have agreed upon a fee for the Services; and WHEREAS, the City desires to engage the Contractor to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the City agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract Documents (the “Work” or the “Project”) including, without limitation as described in the approved plans, drawings and/or specifications for the following Project: INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS and in accordance with the Technical Specifications incorporated herein by reference and made a part of this Contract. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the City Engineer. The Notice to Proceed will not be issued until Contractor's submission to City of all required documents and after execution of this Contract. 42 of 67 48 2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed within thirty (30) calendar days from the date specified in the Notice to Proceed (“Substantial Completion”). Substantial Completion shall be defined for this purpose as the date on which City receives beneficial use of the Project. The Work shall be fully completed in accord with the Contract Documents within fifteen (15) calendar days from the date certified by the City as the date of Substantial Completion (‘Final Completion”) and on the date agreed to by the City when all Work has been completed in accordance with the Contract Documents. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 above for Substantial Completion. After Substantial Completion, should Contractor fail to complete the remaining Work within the time specified in Section 2.2 above for final completion and readiness for final payment, Contractor shall pay to City the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 for final completion and readiness for final payment. These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by City as a consequence of Contractor’s delay and failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4 City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. ARTICLE 3 CONTRACT PRICE 3.1 Each Pay Application shall include an affidavit or partial release or waiver of lien by Contractor indicating that partial payments received from CITY for the Work have been applied by Contractor to discharge in full all of Contractor’s obligations, including payments to subcontractors and material suppliers. City shall pay to Contractor for the performance of the Contract, the total lump sum of $__________________________. This sum (“Contract Price”) shall be full compensation for all services, labor, materials, equipment and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. City shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor’s Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the City shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications 43 of 67 49 for Payment shall be submitted monthly by Contractor on or before the 10th of each month for the prior month. Progress payments shall be made in an amount equal to the percentage of Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as City shall determine or City may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Value, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the “Retainage”) shall be retained by City until final completion and acceptance of the Work by City. In the event there is a dispute between Contractor and City concerning a Pay Application, dispute resolution procedures shall be conducted by City commencing within 45 days of receipt of the disputed Payment Application. The City shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 3.2 The payment of any Application for Payment by City, including the final request for payment, does not constitute approval or acceptance by City of any item of the Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the City’s rights hereunder or at law or in equity. 3.3 Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the City, and upon receipt of consent by any surety, City shall pay the remainder of the Contract Price and Retainage as recommended by the City’s Project Consultant. Final payment is contingent upon receipt by City from Contractor of at least one complete set of as-built plans, reflecting an accurate depiction of Contractor’s Work. 3.4 This Contract is subject to the condition precedents that: (i) City funds are available and budgeted for the Contract Price; (ii) the City secures and obtains any necessary grants or loans for the accomplishment of this Project pursuant to any borrowing legislation adopted by the City Council relative to the Project; and (iii) City Council enacts legislation which awards and authorizes the execution of this Contract, if such is required. ARTICLE 4 CONTRACT DOCUMENTS 4.1 The Contract Documents, which comprise the entire agreement between the City and the Contractor concerning the Work, consist of this Contract for Construction (including any change orders and amendments thereto), any and all drawings, plans and specifications approved by City (including the Plans), the bidding documents or procurement documents for the Project, the Contractor’s bid or proposal for the Project, the Bonds (defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. In the event of any conflict among the foregoing, the documents shall govern in the order listed herein. Contractor is reminded and hereby recognizes that all Work under this Contract must comply with all applicable federal, state and local law. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 4.2 This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these 44 of 67 50 Contract Documents that are not contained herein. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3 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; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization. ARTICLE 5 INDEMNIFICATION 5.1 Contractor shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, including legal fees and costs and through appeal, arising out of or, related to, or in any way connected with Contractor’s performance or non-performance of this Contract or with Contractor’s obligations or the Work related to the Contract, including by reason of any damage to property, or bodily injury or death incurred or sustained by any party. Contractor shall defend, indemnify, and hold the City harmless from all losses, injuries or damages and wages or overtime compensation due its employees in rendering services pursuant to this Contract, including payment of reasonable attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any employment related litigation or worker’s compensation claims under federal or state law. The provisions of this section shall survive termination of this Contract. ARTICLE 6 INSURANCE AND BONDS 6.1 Insurance. Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured, no later than ten (10) days after award of this Contract and prior to the execution of this Contract by City and prior to commencing any Work. Each certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1. (a) Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General 45 of 67 51 Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. (b) Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this Contract who is not covered by Worker’s Compensation insurance. (c) Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. 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 Owned, Hired, and Non-Owned Vehicles. (d) Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at its sole cost and expense, in accordance with the Contract Documents. (e) Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the City with Certificates of Insurance for all required policies. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days’ written n otice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. (f) Additional Insured. The City is to be specifically included as an Additional Insured for the liability of the City resulting from Work performed by or on behalf of the Contractor in performance of this Contract. The Contractor’s insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Contractor’s insurance. The Contractor’s insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. (g) Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. (h) The provisions of this section shall survive termination of this Contract. 46 of 67 52 6.2 Bonds. Prior to performing any portion of the Work and within three (3) days of the Effective Date hereof, the Contractor shall deliver to City the Bonds required to be provided by Contractor hereunder. (The bonds referenced in this Section are collectively referred to herein as the “Bonds”). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the Work maintain a separate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent (100%) of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by City and executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contractor’s sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to City. ARTICLE 7 CONTRACTOR’S REPRESENTATIONS AND WARRANTIES In order to induce the City to enter into this Contract, the Contractor makes the following representations and warranties: 7.1 Contractor Represents the following: 7.1.1 Contractor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including, without limitation, the “technical data” and plans and specifications and the Plans. 7.1.2 Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7.1.4 Contractor has made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and subsurface conditions at or on the site. Contractor acknowledges that the City does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at, contiguous or near the site or for existing improvements at or near the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and improvements) at, 47 of 67 53 contiguous or near to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and 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. 7.1.5 Contractor is aware of the general nature of Work to be performed by the City and others at the site that relates to the Work as indicated in the Contract Documents. 7.1.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.1.7 Contractor has given City written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.1.8 The Contractor agrees and represents that it possesses the requisite skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2 Contractor warrants the following: 7.2.1 Anti-Discrimination: Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and agrees to abide by all federal and state laws regarding non-discrimination. 7.2.2 Anti-Kickback: Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the City has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 7.2.3 Licensing and Permits: Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses and permits whether federal, state, County or City. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses and permits required for this Project. 48 of 67 54 ARTICLE 8 DEFAULT AND TERMINATION 8.1 If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work within the Contract Time as specified in Article 2, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, City may, upon seven (7) days written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed monies due Contractor from City, Contractor shall be liable and shall pay to City the amount of said excess promptly upon demand therefore by City. In the event it is adjudicated that City was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by City for convenience as described below. 8.2 This Contract may be terminated by the City for convenience upon seven (7) calendar days’ written notice to the Contractor. In the event of such a termination, the Contractor shall incur no further obligations in connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the City. In such event, the Contractor shall promptly submit to the City its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. ARTICLE 9 MISCELLANEOUS 9.1 No Assignment. Neither party shall assign the Contract or any sub-contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City. 9.2 Contractor's Responsibility for Damages and Accidents: 9.2.1 Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause. 9.2.2 Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. 49 of 67 55 9.3 Defective Work. Warranty and Guarantee: 9.3.1 City shall have the authority to reject or disapprove Work which the City finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with nondetective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 9.3.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by City's Engineer, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 9.3.3 The Contractor shall unconditionally warrant and guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion. If, within one (1) year after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to City all material and equipment warranties upon completion of the Work hereunder. 9.3.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 9.4 Legal Restrictions and Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the City or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law. Unless authorized by the City otherwise, the Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the City. 9.5 Ownership and Access to Records and Audits. 9.5.1 Contractor acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Contractor during the term of this Agreement (“Work Product”) belong to the City. Contractor shall promptly disclose such Work Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Agreement) 50 of 67 56 to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 9.5.2 Contractor agrees to keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under this Agreement. The City Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. 9.5.3 Upon request from the City’s custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 9.5.4 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 9.5.5 Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 9.5.6 Any compensation due to Contractor shall be withheld until all records are received as provided herein. 9.5.7 Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 9.5.8 Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM 51 of 67 57 Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 9.6 No Damages for Delay: No claim for damages or any claim, other than for an extension of time shall be made or asserted against City by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the above Contractor may be granted an extension of time and suspension of liquidated damages for any delay beyond the control of the Contractor. Should any delay, disruption, interference or hindrance be intentionally caused by the City, for a continuous period or cumulative period of thirty (30) days, the Contractor may terminate the Contract upon seven days written notice to the City. 9.7 Authorized Representative. 9.7.1 Before commencing the Work, Contractor shall designate a competent, authorized representative (“Authorized Representative”) acceptable to City to represent and act for Contractor and shall inform City, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor. Contractor shall keep City informed of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress. All notices, determinations, instructions and other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 9.7.2 The Authorized Representative, project Citys, superintendents and supervisors for the Project are all subject to prior and continuous approval of City. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to City, Contractor shall replace the unacceptable personnel with personnel acceptable to City. 9.8 Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds Owner harmless from any liability on account of any and all such taxes, levies, duties and assessments. 9.9 Utilities. Contractor shall, at its expense, locate all utilities in the Work area, in accordance with all requirements of applicable law. Contractor shall further arrange for, develop and maintain all utilities at 52 of 67 58 the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 9.10 Safety. Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. City shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have responsibility for the safety of Contractor's or its subcontractor’s employees. Contractor shall maintain all portions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 9.11 Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by City at Contractor's expense. 9.12 Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9.13 Public Entity Crimes Affidavit Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 9.14 Capitalized Terms. Capitalized terms shall have their plain meaning as indicated herein. 9.15 Independent Contractor. The Contractor is an independent Contractor under the Contract. This Contract does not create any partnership nor joint venture. 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, 53 of 67 59 purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 9.16 Payment to Sub-Contractors. Certification of Payment to Subcontractors: The term “Subcontractor”, as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all Subcontractors for satisfactory performance of their contracts as a condition precedent to payment to Contractor by the City. The Contractor shall also return all retainage withheld to the Subcontractors within 30 days after the subcontractor’s work is satisfactorily complete and accepted by the City. 9.17 Liens. Contractor shall not permit any mechanic’s, laborer’s or materialmen’s lien to be filed against the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed to have been supplied to the Project. In the event such a lien is found or claimed against the Project, Contractor shall within ten (10) days after notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami-Dade County, Florida, or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, City shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, City shall thereafter have the right, but not the obligation, to retain out of any payment then due or to become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay City’s reasonable attorneys' fees and costs incurred in connection therewith. 9.18 Governing Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami-Dade County, Florida. 9.19 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 and or Federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract for Construction, arising out of, under, or in connection with the Construction of the Work, or any course of conduct, course of dealing, statements or actions or inactions of any party. 9.20 Prevailing Party; Attorneys' Fees. In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover reasonable costs, expenses and attorneys' fees including, but not limited to, court costs and other expenses through all appellate levels. 9.21 Notices/Authorized Representatives. 54 of 67 60 Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Contract or such other address as the party may have designated by proper notice. ARTICLE 10 SPECIAL CONDITIONS 10.1 The following provisions supersede any provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: None [Remainder of page intentionally left blank. Signature page and E-Verify Affidavit follows.] 55 of 67 61 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E- Verify affidavits from subcontractors. ☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath. 56 of 67 62 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager Attest: By: Nkenga “Nikki” Payne, CMC, FCRM City Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman Cole & Bierman, P.L. City Attorney Addresses for Notice: Genaro “Chip” Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com (email) CONTRACTOR By: Name: Title: Entity: Addresses for Notice: (telephone) (email) With a copy to: (telephone) (email) 57 of 67 63 NOTICE TO PROCEED Dated: , 20 To: ` Project Name: INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS You are hereby notified that the Contract Times under the above Contract will commence to run on ___________, 2023. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 2 of the Contract, the dates of Substantial Completion and completion and readiness for final payment are , 2023 and __________________, 2023, ____/____ days respectively. Before you may start any Work at the site, Article 6 provides that you must deliver to the City ( check here if applicable, with copies to and other identified additional insureds) Certificates of Insurance in accordance with the Contract Documents. In addition, before you may start any Work at the site, you must: (add any additional requirements) CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager ACCEPTANCE OF NOTICE TO PROCEED [INSERT NAME OF CONTRACTOR]. By: Name: Title: Date: 58 of 67 64 ATTACHMENT B DECLARATION/AFFIDAVIT OF REPRESENTATION This Affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The Affidavit must be filed by with the City Clerk's office at the time the a bid or proposal is submitted to the City. For the purpose of this solicitation only, the members listed for the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this Affidavit or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to Section 92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. NAME TITLE Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically, that the persons listed above are the members of the presentation team of the entity listed below. 59 of 67 65 ATTACHMENT C “DESIGN PLANS AND CONSTRUCTION SPECIFICATIONS” Prepared by: Stantec 901 Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134 Ph: 305/445-2900 Fax: 305/445-3344 60 of 67 66 PERMITNUMBERDATEAPPROVALDATESUBMITTALAGENCYAPPROVALSSPEED HUMPS IMPROVEMENTSCITY OF SOUTH MIAMICAPITAL IMPROVEMENTS PROGRAMINDEX OF SHEETSSHEET NO.SHEET DESCRIPTIONwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134Tel. 305-445-2900Fax. 305-445-3344THE SCALE OF THESE DRAWINGS MAY HAVE CHANGEDDUE TO REPRODUCTIONLOCATION MAPNScale: NTSSOUTH MIAMI, FLORIDADEVELOPED FOR:MAY 2023PROJECT No. 215618010100% SUBMITTALCITY COMMISSION:MAYOR: PHILLIPS SALLYCOMMISSIONER: LUIS GILCOMMISSIONER: JOSH LIEBMANCOMMISSIONER: BRIAN COREYCOMMISSIONER: WALTER HARRISPROFESSIONALENG INEER L I CENSEFLORIDA NoST TA E FO47660 C A RLOS HERDOCIA(2) SW 59TH AVE (C-01 & C-02)PROJECT LOCATIONC-00COVER SHEETC-01- C-02PLAN SHEETS AND PAVEMENT MARKINGSG-02SUMMARY OF PAY ITEMSG-01GENERAL NOTESC-03DETAILSM.61 of 6767 N.T.S.Drawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215618010Issue/Revision215618010_GENERAL NOTES.dwgMSCHCH05-08-2023ByAppd.YYYY.MM.DD-CITY OF SOUTH MIAMISPEED HUMPS IMPROVEMENTSSOUTH MIAMI, FLORIDAG-01GENERAL NOTES62 of 6768 SUMMARY OF QUANTITIESDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215618010Issue/Revision215618010_pay items_details_updated.dwgMSCHCH05-08-2023ByAppd.YYYY.MM.DD-CITY OF SOUTH MIAMISPEED HUMPS IMPROVEMENTSSOUTH MIAMI, FLORIDAG-02SUMMARY OF PAY ITEMS69 C-01SW 59TH AVE - SOUTH OF 76TH STDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215618010Issue/Revision215618010_Site Plan.dwgMSCHCH07-18-2022ByAppd.YYYY.MM.DD-CITY OF SOUTH MIAMISPEED HUMPS IMPROVEMENTSSOUTH MIAMI, FLORIDANSW 59TH AVESW 77TH TER SW 76TH ST 5887 SW 77TH TER 7611762176315888 SW 77TH TER 772077107640763076207600SW 59TH AVESW 77TH TER SW 76TH ST 5887 SW 77TH TER 7611762176315888 SW 77TH TER 772077107640763076207600GEOMETRY PLANPAVEMENT MARKINGS PLAN64 of 6770 C-02SW 59TH AVE - NORTH OF 76TH STDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215618010Issue/Revision215618010_Site Plan.dwgMSCHCH07-18-2022ByAppd.YYYY.MM.DD-CITY OF SOUTH MIAMISPEED HUMPS IMPROVEMENTSSOUTH MIAMI, FLORIDANSW 59TH AVESW 76TH ST7563 5880 SW 74TH TER SW 59TH AVESW 59TH AVESW 74TH ST SW 74TH TER7515 5875 SW 74TH TER 5900 SW 74TH STN/A75005901 SW 76TH STSW 59TH AVESW 76TH ST7563 5880 SW 74TH TER SW 59TH AVESW 59TH AVESW 74TH ST SW 74TH TER7515 5875 SW 74TH TER 5900 SW 74TH STN/A75005901 SW 76TH ST GEOMETRY PLANPAVEMENT MARKINGS PLAN65 of 6771 Drawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215618010Issue/Revision215618010 DETAILS.dwgMSCHCH07-18-2022ByAppd.YYYY.MM.DD-CITY OF SOUTH MIAMISPEED HUMPS IMPROVEMENTSSOUTH MIAMI, FLORIDADETAIL 1 - SPEED HUMP ADVANCE WARNING MARKINGSN.T.S.DETAIL 2 - SPEED HUMP PAVEMENT MARKINGSN.T.S.DETAIL 3 - PAVEMENT MARKINGS FOR SPEED HUMPSN.T.S.WITHOUT CROSSWALKSC-03DETAILS66 of 6772 END OF DOCUMENT 67 of 67 73 74SECTION 4. BID FORM PACKAGE As provided in the 1TB, the following items must be attached to this Bid: FORMS STATUS Form I -Bid Form Package Acknowledgement ✓ Form 2A. Bidder's Certification (if Company or Corporation) ✓ Form 2B. Bidder's Certification (if Partnership) ✓ Form 3. Single Execution Affidavits ✓ Form 4. Dispute Disclosure ✓ Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters ✓ Primary Covered Transactions Form 6. Bidder's Qualifications Survey ✓ Form 7. Bid Form/Schedule of Values ✓ Form 8. Reference List ✓ Form 9. Bid Guaranty/Bid Bond ✓ ATTACHMENTS This compet1t1ve solicitation incorporates the following attachments, which should be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments: Attachment A. Attachment B: Attachment C: Sample Contract Declaration /Affidavit of Representation Design Plans & Specifications -"Installation of Various Speed Humps" prepared by Stantec dated May, 20232 19 of 67 75FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PW2023-1 I • I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Bid. I certify that all information contained in this Bid is truthful to the best of my knowledge and belief. further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement. I further certify, under oath, that this Bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify that the undersigned executed this Bid Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with the 1TB (Check the box next to each addendum received). ✓ Addendum I V Addendum 2 ✓ Addendum3 ___ Addendum 4 ___ Addendum S ___ Addendum 6 ___ Addendum 7 ___ Addendum 8 ___ Addendum 9 ___ Addendum I 0 Attached hereto are the following forms/documents which form a part of this Bid: Form I. Form 2A. Form 2B. Form 3. Form 4. Form S. Form 6. Form 7. Form 8. Form 9. Bid Form Package Acknowledgement. Bidder's Certification (if Company or Corporation) Bidder's Certification (if Partnership) Single Execution Affidavits Dispute Disclosure Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Bidder's Qualifications Survey Bid Form/Schedule of Values Reference List Bid Guarantee Bond 20 of 67 76FORM I BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) SIGNA REOF BIDDER Wk r/dc/t6 /c.euv/a~ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS/ , ~ ~ ~/ z:o: &16L?P7~n 4 er~ . ..;i,1-re (30Sf 3Cf? -5.568 TELEPHONE NUMBER V Personally known to me; or 113 ___ Produced identification (Type of Identification:. _____________ _, ___ Did take an oath; or ....,--------~~:"I -__ Did not take an oath ' No.tary Public State of Florida , • Felix R Clavelo Lopez I ;::--My commission HH 320-488 • : lllililllllillil,l,I Expires 101101202s 21 of 67 77FORM 2A BIDDER'S CERTIFICATION (if Company or Corporation) CERTIFICATE ~ STATE OF r-L.. ) COUNTY OF Ve;. df2_ ) ss HEREBY CERTIFY that a meeting of the Board of Directors of a corporation or c mpany existi under th H0/'4' 5 held on ;;:Fv;-r.e_ /'{ , 2023, the following resolution was duly passed and adopted: (SEAL) RESOLVED, that. as ~ of the Corporation/Company, be and is hereby authorized to execute the Bid dated,_~~""""""---"-""'---' 2023 to the City of South Miami for 1TB No. 2023-XX Marshall Williamson Monument Freestanding Display Project, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the / 'I of f t1:1:(.. , ~_d.. V ~ Secri( 22 of 67 78FORMJ SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE BIDDER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE BIDDER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE BIDDER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A BID/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By:_~E.~e&~'/Z~' -f/4_Ut~~-_s _____________ _ For (Name of Proposing or Bidding Entity): V El-'1t; /~hr ~A:..L'.7. r T , Whose business address is: 75'-15 -5W :3Z 1-1c/ 6£ Monvl FL-3.3/SS-And (ifapplicable) its Federal Employer Identification Number (FEIN) is: B?-391/0 "?'f (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: _______________ -4-Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L IO 1-336, I 04 Stat 327, 42 USC 1210 I 122 I 3 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title 111, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.5 I 3, Florida Statutes: • The Rehabilitation Act of I 973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. pu Bidder Initials 24 of 67 79Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133( I )(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 of 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 or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "conviction" as defined in Paragraph 287.133( I )(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 trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima fade 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. I understand that a "person" as defined in Paragraph 287.133( I )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) ef Neither the entity submitting this sworn statement, nor any of its 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 ad convicted of a public entity crime subsequent to July I, 1989. 0 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 I, 1989. 0 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 I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that 25 of 67 80it 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 I above is for that public entity only and that this form is valid through December 3 I 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. Bidder Initials No Conflict of Interest or Contingent Fee Affidavit Bidder warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Bidder also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances. Further, Bidder acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Bidder should the Bidder be selected for the performance of this contract. Fe/ Bidder Initials Business Entity Affidavit Bidder hereby recognizes and certifies that no elected official, board member, or employee of the City of South Miami (the " City") shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Bidder recognizes that with respect to this transaction or bid, if any Bidder violates or is a party to a violation of the ethics ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter I 12, part Ill, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder may be disqualified from furnishing the goods or services for which the bid or Bid is submitted and may be further disqualified from submitting any future bids or Bid for goods or services to City. ,=v Bidder Initials Anti-Collusion Affidavit I. Bidder/Bidder has personal knowledge of the matters set forth in its Bid/Bid and is fully informed respecting the preparation and contents of the attached Bid/Bid and all pertinent circumstances respecting the Bid/Bid; 26 of 67 812. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and 3. Neither the Bidder/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder/Bidder, firm, or person to submit a collusive or sham Bid/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder/Bidder, firm, or person to fix the price or prices in the attached Bid/Bid or of any other Bidder/Bidder, or to fix any overhead, profit, or cost element of the Bid/Bid price or the Bid/Bid price of any other Bidder/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. Bidder Initials Scrutinized Company Certification I. Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this 1TB at its sole option if the Bidder or its subcontractors are found to have submitted a false certification; or if the Bidder, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this 1TB is for more than one million dollars, the Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this 1TB at its sole option if the Bidder, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Bidder agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this 1TB. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Bidder Initials Dru1:-Free Workplace Affidavit Bidder hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two bids/Bid are equal with respect to price, quality, and service. Bidder understands that in order to qualify as a drug-free workplace, Bidder must: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Inform employees about the dangers of drug abuse in the workplace, the Bidder's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 27 of 67 82assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. I) Give each employee engaged in providing commodities or contractual services under the 1TB a copy of the statement specified in subsection (I). 2) Notify employees that, as a condition of working on the commodities or contractual services under the 1TB, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) ~The entity submitting this sworn statement is a drug-free workplace and is in full compliance with the requirements set forth under F.S. § 287.087. D The entity submitting this sworn statement is not a drug-free workplace. =re/ Bidder Initials City Non-Discrimination Requirements Affidavit Bidder understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Bidder understands that "Boycott" as defined under Section 3-1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Bidder certifies that it is not engaged in a boycott, and is in full compliance with Section 3-1. I of the Code of the City of South Miami. Bidder Initials Acknowledgment, Warranty, and Acceptance I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 28 of 67 832. Contractor warrants that it has read, understands, and is willing to comply with all requirements of 1TB No. PW2023-1 I and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all information provided by it in connection with this Bid is true and accurate. pJ Bidder Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 29 of 67 84In the presence of: Signed~nd ~ver~d by: .d,_·~~--Witness #I Print Name: ______ _ Print Title: __ ..;_;=~=-=-<,;~.,__ _____ _ Witness #2 Print Name: ______ _ ACKNOWLEDGMENT State of Florida ... ~ ~ County of __ V"'_tO.~~----The foregoing instrument was acknowledged before me by means of 0h~icaj,presence o online notarization, this _ZQ day of_--=:~....._ ___ _. 207'.3, by -:..e-?;i (/c;:A .,(,name of person) as __ ____.::;~t!,f::.'/C.d.'.k!!I.~~-------(type of authority) for 'Chftr~ t#?r Cbrz,a. (name of party on behalf of wh instrument is executed). 7 / V Notary Publi / Commissioned) -~-=-----PPeersonally known to me; or ___ Produced identification (Type of Identification:. _______________ ), ___ Did take an oath; or ___ Did not take an oath Notary Public State of Florida • Felix R Clavelo Lopez _;Ill._ My Commission HH 320488 1'11111111~ Expires 1011012026 30 of 67 85FORM4 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. I . 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 tL 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_...;._ __ _ 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? V 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 or Bid for the City of South Miami. State of Florid~ _/A County of PC?~· ACKNOWLEDGMENT The foregoing instrument was acknowledged before me by means of 0"':'=iq) presen~e 'ilf !.] online notarization, this 20 day of .;;rU>tf_ . 2oz~ by L-e.u-i? f.A;;i.,l"~s . j,n~~.: of person) as ~~7ho (type of authority) for t7 e Tnd:?/Z/~r ~ (name of party on behalf of horn instrument is executed). / ~ersonally known to me; or Notary Publ rin , Stamp, or Type as Commissioned) ___ Produced identification (Type of Identification: ___________ _,) ___ Did take an oath; or;:; ,;:::;;.:;.;-N ... ot .. ary_P ... ub•ll ... c•s ... ta•ta"'"••f~Fl .. or~i~~a't ___ Did not take an oath ◄ • Felix R Claveto L•pez 4 -~ My Commission HH 321-411 , ~1111W,,U,1 Expires 101101202, 31 of 67 86FORMS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211 ). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (I) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph ( I )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this Statement of Qualifications. Entity Name: __ t/ __ 8_7....,,.._1_~--~-j~<--~----·---------,,,,.......---=--?.£ V ~--6/co/ajZ3 IZ_ Date: -7---,---------By: __ ..,.S._ig-n-at_u_r_e_o_f_A_u_th_o_r-iz_e_d_R_e_p_r-esentative 32 of 67 87FORM6 BIDDER'S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the 1TB, you certify that any and all information contained in the bid is true, that your response to the 1TB is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the 1TB for the same materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the 1TB, and certify that you are authorized to sign for the Bidder's firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. In no event should the total page count of all attachments to this Form exceed five (S) pages. Some information may not be applicable; in such instances, please insert "N/A". V eMCj'/~r~< UZ>(lf?. Firm Name r } 751/.5 .Sw :9Z ncl 5/-4-" /{../r;;,n/ l FC. . :;;J.3155 Principal Business Address Telephone Number Facsimile Number ../.e,);e,(9VettcorPo n.e:f-E'rnaiiA<ldress ' 87-39'/167<-/ Federal I.D. No. or Social Security Number EZZ00/3/S-Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION How many years has the firm has been in business under its current name and ownership? Z Please identify the Firm's document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: p21000102<rso Document Number 7 l Date Filed Please identify the Firm's category with the Florida Department of Business Professional Regulation (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed Please indicate the type of entity form of the Firm (if other, please describe): □ Individual □ Partnership ~orporation □ LLC □ LLP □ Other __________ _ Please identify the Firm's primary business:._~Ccu~-~-6~Pt_/UJ __ cJ7. __ t'M_· ___________ _ 33 of 67 88Please identify the number of continuous years your firm has performed its primary business: _ Please list all professional licenses and certifications held by the firm, its Qualifier/Principal, and any Key Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that issued the license or certification: License/Certification Name of Entity Issuing License No. License Issuance Date Type Lice~se ,or Certification L g-;;?,?OVl't'C /? /o? / 2'n f E,,,71~,~ P,'vt:H<Jl-1 f c;;r/le{/1~ , • 1 · Please identify the name, license number, and issuance date of any prior companies that pertain to your firm: License/Certification License Issuance Date Type 137 f~I/ Name of Entity Issuing License No. License or Certific!~,,./4 . -O/v15·1ai:,,z °r CJ.,~-__ V1?J I:: -ZZ. a::> I~ C-Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their signing authority: Authorized Signor's Name Title Signing Authority Threshold (All, Cost up to $X-Amount, No Cost, Other) All /fl/I Please identify the total number of Firm employees, managerial/administrative employees, and identify the total number of trades employees by trade (e.g., 20 electricians, 5 laborers, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the firm's insurance company: Insurance Carrier Name / ~~ /ti~ Insurance Carrier Contact Person Insurance Carrier Address Telephone No. Has the firm filed any insurance claims in the last five (5) yearsl ~o □ Yes If yes, please identify the type of claim and the amount paid out under the claim: ________ _ FIRM OWNERSHIP Please identify all firm owners or partners, their title, and percent of ownership: Owner/Partner Name Titl~ Ownership (%) ?ae'~l~T 5::f7 89Pl~se identify whether any of the owners/partners identified above are owners/partners in another entity: ctNo □ Yes If yes, please identify the name of the owner/partner, the other entity's name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities: Public Entity Contact Person Telephone No. Email Address Date Awarded By signing below, Bidder certifies that the information contained herein is complete and accurate to the best of Bidder's knowledge. Firm: t/ Etµ;~ Ce>"f'? · Authorized Signature: r ~ ,;z_;,, ,,,..C:. Print or Type Name: Ee/4:., /a/ ct!~· 35 of 67 Title: 90 LIST OF BUSINESS REFtKt',NCES This list of references is an integral part of the Contractor's Bid, and must be completed. All references and information shall be current and traceable. NAMEOFBIDDER V G,71~/h~ Cbre-r T , List all the projects which your organization has completed, during at least the last five years, and which demonstrate qualifications to perform the work of this Contract. COMPLETION DATE CONTRACT PRICE TYPE OF CONSTRUCTION LOCATION OF WORK NAME AND PHONE NUMBEROF OWNER/CLIENT AND ENGINEER OR ARCIDTECT ADDRESS OF OWNER/CLIENT AND ENGINEER OR ARCIDTECT 1 I 1--;, --~ ~A-/ pw v6 6': # r"~o~ e-~,rn:.~ 71~ 39~-~~--:,E 331'1'£ PROJECT NO. 2022-017-R ~ 13✓0(X)· c.e> IR:f ,=-osy-z. ,,CJOd. . ., --/4,(e;,v' MAY2023 4197 PAGE 15 -7~?"? ~£,-~ .s-6/-74-l-S"?t:e> I :fv..o /, ~l.. • ._...-....... '/Qnt✓; i7e. l'-)',6 . 5Jj'l7'/ 91ITEM NO. 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 I 1.00 12.00 12.00 13.00 FORM7 BID FORM/SCHEDULE OF VALUES 1TB No. PW2023-1 I Bid prices stated in this Form shall include all costs and expenses for labor, equipment, materials, contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project will be based upon completion of the entire project as a Lump Sum contract. ITEM QTY UN UNIT PRICE TOTAL AMOUNT Milling Exist. Asph Pavt 1-1/2" Avg Depth 213 SY $ /C}o(}Z) $ Z.//31). cZ) Type S-111 Asphalt 18 TON $/60-CO $ 0880o~ Adjus Existing Valve Box, Meter Box, Fire Hydrant, 2 EA $ Z60. CV $ GclZ>· crt) Manhole cover, and Catch Casins Marker Pavement Retro-Reflective (Yellow/Yellow) 20 EA $ /0,(2) $ ZcJ?J· cfD Thermoplastic, white, solid 6" 936 LF $ fcD $ 9'8'· OZ) Thermoplastic, white, solid 12" 248 LF $ z.OD $ ~96· ~ Thermoplastic, yellow, solid 6" 808 LF $ ':1'.oD $ 806. dD Speed Hump Sign WI7-I 8 EA $ ZGO.~ $ Z.1~-t}Z) Arrow Sign W I6-7P 4 EA $ z70.cfl) $ /,,Oo(). ® Ahead Sign Wl6-9P 4 EA $ zso.@ $ I I c)OO •cJc) Asphalt traffic humps 2 EA $ 3;t,tt,.(V $ 7,. za,. cl> SUB-TOTAL $/~ /,5C). ()t) General conditions including mobilization, clearing and grubbing, barricades, maintenance of traffic, I LS. $ f; o/ 15 · dJ $ It <Jl.5. t?l) traffic control officer, bonds, insurance and permits (10%) Traffic Control Officer 60 HR $ 52.00 $3,120.00 Contingency (5%) I LS. $ 75?. 50 $ 'ft:"?. 50 TOTAL: $ Z51 l'-/"Z. 50 36 of 67 92SUBMITTED THIS -----PROPOSAL SUBMITTED BY: U>/t..P . v Name of Person .AY.toorize~ Sub_!11it Proposal r L . L/ .,..c Signature DAY OF Telephone Number Fax Number ~ G?V'eecor-.,p. n-e:f-IEmaitAddress v 37 of 67 93FORMS REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE #I Public Entity Name: C/!f F' ~/4 ~ ~ rn; Reference Contact Person/Title/Department: Avd Ca,,rz,(",W-6~5 , ? E · Contact Number & Email 9C5S --f (53 .-20 "? 2 4Co/2.;nen~Rs{2G<:n1~,,-n1'c;rn1·P, XJV· / 7 Public Entity Size/Number of Residents/Square Mileage: C.f-'1 ;( 5~,4 /l.//c.-H11 · / Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) f"».t .3<if!l. 70 · ~9«.k c:4y£ct:x:,cf~o,i.~. &tt: ~;dc&:t7 Is the Contract still Active? Yes ___ No 38 of 67 94REFERENCE #2 Public Entity Name: -'-,/4,f-'-"t)'-------M_~--=0=-----------------------Reference Contact Person/Title/Department: Gery C:/4 ~/4.e · JP /4-( Contact Number& Email 78~ -5'~2'-~Cf/8 qc;o/· cbrzkf] ,n/<:rffJ/# ~ . 5CJV. r / Public Entity Size/Number of Residents/Square Mileage: ,::t,/,c,;.,-,/ -J:b o/? 'o c1nj. Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) I~/ 750,. C)c)t). ~ t<.)~ /f/f/41i-, e...::tk..c,,jh Is the Contract still Active? Yes ___ No t/ 39 of 67 95REFERENCE #3 Public Entity Name: AAD.P /2.05 Reference Contact Person/Title/Department: _l/2_._v_fi_·,z..e __ /c-_...._--=o,r;.44p-=--·----------/' ? (1-RJ.ed Nee //IC. ,;e,,z . / Contact Number & Email '3cJS-~ 75.S--~'-153;, Public Entity Size/Number of Residents/Square Mileage: ~CrrrJt ·.-Oa~ G U>7 3/· Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) _,f..,,,__~_B--'-~,,,_,, _~_0 __ . _2--'/ _______________ _ /U&,u ~,/4T ~ -=;'Y6ku-t. Is the Contract still Active? Yes ___ No END OF SECTION 4 40 of 67 Tabulation Sheet Agency Name City of South Miami Bid Number ITB-(ITB) No. PW2023-11-0-2023/SK Bid Name INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS Bid Due Date 06/20/2023 10:00:00 Eastern Bid Opening Closed 7 responses found.online,  offline,  not submitting,  not received  Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Florida Blacktop Inc. 06/19/2023  11:54:58  Eastern 1287  WEST  ATLANTIC  BLVD,  POMPANO  BEACH, FL 33069, Pompano  Beach, FL, 33069  $67523.8200 0.0000 Small  Business Bidding Document  Bid Bond  2 .M&J GENERAL CONTRACTORS 06/20/2023  09:44:55  Eastern 300  PALERMO  AVENUE,  2 FLOOR, CORAL  GABLES,  FL, 33134  $99543.3900 0.0000 Hispanic  Owned,  Small  Business, Woman  Owned Bidding Document  Bid Bond  3 .Maggolc Inc. 06/20/2023  09:22:40  Eastern 12060 SW 80 ST , Miami, FL, 33183  $30115.7500 0.0000 Bidding Document  Bid Bond  4 .Perrin International Services, Inc. 06/19/2023  22:33:41  Eastern 12491 SW 134 Court, Unit 20,  Miami, FL, 33186  $39969.0000 0.0000 Bidding Document  Bid Bond  5 .TCSEmpire, Inc. 06/19/2023  19:16:30  Eastern 13818 SW 152nd St, Suite 374, Miami, FL, 33177  $41429.1000 0.0000 Bidding Document  Bid Bond  6 .V Engineering and Consulting Corp 06/20/2023  09:55:28  Eastern 2050  Coral Way, Suite 303, Miami, FL, 33145  $25142.5000 0.0000 Bidding Document  Bid Bond  7 .V&G Construction Solutions, Corp. 06/20/2023  09:06:43  Eastern 9183 SW  152nd  Path, Miami, FL, 33196  $46457.8100 0.0000 Bidding Document  Bid Bond  96 Bidder Bid Price Bid CERT Bid Bond FORM 7 SOV Bidder Qualif.Ref.ADA Public Entity Crimes and Conflicts Non Coll. Affidavit BUS ENTITY ANTI COLUSION SCRUTINIZED COMPANY Drug free Workplace NON- DISCRIMINA TION WARRANTY ACCEPT DISPUTE DISCOLSURE DEBAR V-Eng.$25,142.50 X X X X X X X X X X X X X X X X Maggolc $30,115.75 X X X X X X X X X X X X X X X X Perrin Int'l $39,969.00 X CK X N/A N/A X X X X X X X X X X X TCS Empire $41,429.10 X CK X N/A X X X X X X X X X X X X V&G Consulting $46,457.81 X X X X X X X X X X X X X X X X Fla. Blacktop $67,523.82 X X X X X X X X X X X X X X X X M&J Contrcators $99,543.39 X X X X X X X X X X X X X X X X ITB PW 2023-11 PROOF OF INSURANCE IS A CONDITION OF AWARD NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER 97 Member Name City of South Miami Bid Number ITB-(ITB) No. PW2023-11-0-2023/SK Bid Name INSTALLATION OF SPEED HUMPS AT VARIOUS CITY LOCATIONS 15 Planholder(s) found 647 NOTIFIED SupplierName FullNameEmail Address1 City State Postal DeclaredAttributes ConstructConnect ConstructConnect Bid Opportunitiescontent@constructconnect.com3825 Edwards Rd Cincinnati OH 45209 Coreland Construction Corp.Nestor Hernandeznhern@corelandconstruction.com 13611 South Dixie Highway Miami FL 33176 Dodge Data Bonny Mangolddodge.docs@construction.com 4300 Beltway Place, Ste 150 Arlington TX 76018 Florida Blacktop Inc.Lee Shaouyleeshaouy@gmail.com1287 W. Atlantic Blvd.Pompano Beach FL 33069 Small Business Green Alliance Inc.Ramon Duarterduarte@greenalliancecorp.com 14996 SW 20th Terrace Miami FL 33185 Hispanic Owned, Small BusinessM & M Asphalt Maintenance, Inc. DBA All County Paving Denisse Camineropublicworks@allcountypaving.com1180 SW 10th Street Delray Beach FL 33444 M&J GENERAL CONTRACTORS CESAR DE LUNAcesar@mjgeneralcontractors.com300 Palermo Avenue CORAL GABLES FL 33134 Hispanic Owned, Small Business, Woman Owned Miliani Construction Corp Adolfo Milianiamiliani@milianiconstruction.com11012 NW 73 ST Miami FL 33178 Hispanic Owned, Small Business, Woman Owned Neubert Construction Services, Inc Tyler Neubertestimating@neubertconstruction.comPO Box 2503 Fort Myers FL 33902 Woman Owned Onvia, Inc. - Content Department Content Source Managementsourcingsupport@deltek.com 509 Olive Way, Suite 400 Seattle WA 98101 PIMENTEL CONSTRUCTION GROUP JONATHAN PIMENTELJONATHAN@THEPIMENTELGROUP.COM 4490 SW 154TH AVENUE MIAMI FL 33185 Praing Associates Inc JUAN MORENOjuancarlos@praing.com 2490 centergate drive # 201 Miramar FL 33025 Hispanic Owned, Small Business, Woman Owned rj engineering construction corp Alvaro AlejosRJENGINEERINGFL@GMAIL.COM 2101 vista parkway suit 133 West Palm BeachFL 33411 SC Contractors, LLC SANDRA CHACONchacon.sandra@gmail.com20431 SW 1 STREET Pembroke Pines FL 33029 Hispanic Owned, Woman Owned TCSEmpire, Inc.Angel ParejaInfo@tcsempire.com16961 SW 213th LN Miami FL 33187 4 Document(s) found for this bid 98 6/20/23, 3:21 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=VENGINE…1/2 Document Number FEI/EIN Number Date Filed Effective Date State Status Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation V ENGINEERING CORP Filing Information P21000102450 87-3911074 12/07/2021 12/02/2021 FL ACTIVE Principal Address 275 ALHAMBRA CIR MIAMI, FL 33134 Changed: 04/28/2023 Mailing Address 275 ALHAMBRA CIR MIAMI, FL 33134 Changed: 04/28/2023 Registered Agent Name & Address VALDES, FELIX G 7545 SW 32 STREET MIAMI, FL 33155 Officer/Director Detail Name & Address Title P VALDES, FELIX G 7545 SW 32 STREET MIAMI, FL. 33155, FL 33155 Title SECRETARY VALDES, FELIX D C Florida Department of State 99 6/20/23, 3:21 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=VENGINE…2/2 2000 NE 124 STREET MIAMI, FL 33181 Annual Reports Report Year Filed Date 2022 03/11/2022 2023 03/02/2023 Document Images 03/02/2023 -- ANNUAL REPORT View image in PDF format 03/11/2022 -- ANNUAL REPORT View image in PDF format 12/07/2021 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations 100 7545 SW 32 STREET MIAMI, FL 33155 Current Principal Place of Business: Current Mailing Address: 7545 SW 32 STREET MIAMI, FL 33155 US Entity Name: V ENGINEERING CORP DOCUMENT# P21000102450 FEI Number: 87-3911074 Certificate of Status Desired: Name and Address of Current Registered Agent: VALDES, FELIX G 7545 SW 32 STREET MIAMI, FL 33155 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Mar 02, 2023 Secretary of State 5694855723CC FELIX G VALDES P 03/02/2023 2023 FLORIDA PROFIT CORPORATION ANNUAL REPORT No Title P Name VALDES, FELIX G Address 7545 SW 32 STREET City-State-Zip:MIAMI, FL. 33155 FL 33155 Title SECRETARY Name VALDES, FELIX Address 2000 NE 124 STREET City-State-Zip:MIAMI FL 33181 101