Res No 081-23-16014RESOLUTION NO. 081-23-16014
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND
AWARDING A CONTRACT FOR CONSTRUCTION TO
MAGGOLC, INC. FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS AT SW 63 rd A VENUE FROM
SW 69 th STREET TO SW 70 th STREET; AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRACT WITH
MAGGOLC, INC. FOR THE WORK; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") wishes to construct drainage
improvements at SW 63 rd Avenue from SW 69 th Street to SW 70 th Street (the "Project"); and
WHEREAS, on May 24, 2023, the City issued Invitation to Bid No. PW2023-12 (the
"ITB") for construction of the Project; and
WHEREAS, on June 21, 2023, the City received a total of six (6) proposals in response to
the 1TB; and
WHEREAS, after review and evaluation of the bids, City Staff determined that
Maggolc, Inc. (the "Contractor") was the lowest, most responsive and responsible bidder, with a
bid in the amount of $163,563.50; and
WHEREAS, the City Commission desires to select and award the Contractor a contract
for construction of the Project and authorize the City Manager to negotiate and execute a contract
in substantially the form attached hereto as Exhibit "A" (the "Contract") with the Contractor for
the Project in an amount not to exceed $163,563.50; and
WHEREAS, the expense for this Project shall be charged in the amount of$163,563.50 to
the Storm Water Drain Trust Fund account number l l l-1730-541-6490, which has a balance of
$360,000 prior to this request; and
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Res. No. 081-23 -1 6014
WHEREAS, the C ity Co mmi ss ion finds that th is Reso lution is in th e bes t inte res t and
we lfare of th e C ity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION O F THE
CITY OF SOU TH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. Th e above -s tate d recita ls a re true a nd co rrect a nd a re incorp orated
herein by thi s refere nce.
Section 2 . Selection of Contractor and Award of Contract. Th e C ity Com mi ssion
hereby se lects the bid of the Co ntrac to r a nd awards th e Contrac tor a Co ntra ct fo r the Proj ect.
Section 3 . Authorization. The C ity Manager is a uthori ze d to negotia te a nd execute
the Contract with th e Co ntracto r for th e Proj ect in subs ta nti a ll y th e fo rm a ttach ed he reto as Exhibit
"A" in an a mo unt not to exceed $163,563 .50, s ubj ect to the a pp rova l as to form , conte nt, and legal
s ufficiency by th e C ity Manager and C ity Attorney
Section 4. Implementation . Th a t th e C ity Manager is authorized to take any a nd a ll
actions nece ssary to imp le me nt the Project, th e Co ntrac t, and the purposes of thi s Reso luti on .
Section 5 . Corrections. Co nformin g lan guage or technical scri ve ne r-type corrections
may be mad e by the C ity A ttorn ey for a ny co nformin g amendments to be in corporated into th e
fina l resoluti o n for s ignature .
Section 6 . Effective Date. T hi s Reso luti on sha ll become effec ti ve imm ediate ly up o n
ado pti on.
PASSED AND ADOPTED thi s I 8th day of l!!!y, 2023.
ATTEST: APPROVED:
MAYOR
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Re s. No. 08 I -23 -I 60 I 4
READ AND APPROVED AS TO FORM ,
LAN G UAGE, LEGALITY AND
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WE ISS SEROT A HELFMAN COLE
& BIERMAN , P.L.
C ITY ATTORNEY
COMM ISS ION VO TE :
Mayor F emandez:
Vice Mayor Bo ni ch:
Co mmi ss ione r Ca ll e :
Com mi ss io ne r L ie bm an:
Co mmi ss ioner Corey:
Page 3 of 3
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:2.
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 A CONTRACT FOR CONSTRUCTION TO MAGGOLC, INC. FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS AT SW 63rd AVENUE FROM SW 69th STREET TO SW 70th STREET;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MAGGOLC, INC. FOR THE
WORK; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY
MANAGER-PUBLIC WORKS & ENGINEERING DEPT.)
Suggested Action:
Attachments:
Memo-Road_Drain_SW_63av_btw69-70st7-14-23.docx
Resolution Selecting and Awarding Contract to Maggolc for Drainage Improvements at SW 63rd Ave.DOCX
Maggolc Bidding Document.PDF
revBid Tabulation ITB PW2023-10 6.21.23.pdf
Proposal Summary ITB PW2023-10 6.20.23.xlsx
ALM Media I0000665521-0526.pdf
2FINAL~1.PDF
Sunbiz Maggolc.pdf
1
CONTRACT FOR CONSTRUCTION
Drainage Improvements at SW 63 rd Avenue
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this 18 day of IUL Y,
2023 (the "Effective Date") by and between the CITY OF SOUTH MIAMI, FLORIDA, a Florida
municipal corporation, (the "City"), and MAGGOLC, INC, a CONTRACTOR (the "Contractor").
WHEREAS, the City issued Invitation to Bid No. PW2023-10 (the "ITB") for construction
of"DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET," South Miami, FL 33143 (the "Project"), which 1TB is incorporated herein by reference
and made a part hereof as Exhibit "A"; and
WHEREAS, in response to the City's 1TB, the Contractor submitted a bid for the Project ("Bid"),
which Bid is incorporated herein by reference and made a part hereof as Exhibit "B"; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of
163 563.50 in res onse to the 1TB and was selected and awarded this Contract pursuant to Resolution
No. 081-23-16104 for performance of the Work (as hereinafter defined); and
WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications,
experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the
terms and conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
I. SCOPE OF WORK
1.1. Scope of Worl<. 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 prepared by Stantec (the "Project Consultant") attached hereto as Exhibit
"A" (the "Plans") and any other documents incorporated herein by reference and made a part of
this Contract for the following Project:
"DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET"
1.2. Pre-Construction Conference. Within fourteen ( 14) calendar days after this Contract is
executed by both parties, and before any Work has commenced, a pre-construction conference will
be held between the City, the Contractor, and the Project Consultant. The Contractor must submit
its project schedule and schedule of values, if applicable, prior to this conference.
1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed
Project schedule must be submitted within ten ( I 0) calendar days from the date this Contract is
executed by both parties for the review and approval of the Project Consultant or City as applicable.
This initial schedule shall establish the baseline schedule for the Project.
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1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule tracked against the baseline must
also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to
submit such schedules will result in the rejection of any submitted payment application.
1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City.
At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic
version . Electronic versions must not be submitted in a .pdf format.
1.4. Records.
1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record
Drawings showing correctly and accurately all changes and deviations made during construction to
reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the
As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing
that the As-Built Record Drawings are correct and accurate, including the actual location of all
infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating
the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly
mark on-site structures and site Work as follows:
I .4.1.1. Depths of various elements of foundation in relation to finish first floor datum.
1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of
valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground
utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe
material, class, etc.
1.4.1.l. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors, fans and other items needing periodic maintenance.
1.4.1.4. Field changes in dimensions and details.
1.4.1.5. Changes made by Project Consultant's written instructions or by Change Order.
I .4.1.6. Details not on original Contract Drawings.
1.4.1.7. Equipment, conduit, electrical panel locations.
1.4.1.8. Project Consultant's schedule changes according to Contractor's records and shop
drawings.
1.4.1. 9. Specifications and Addenda: Legibly mark each section to record:
1.4.1. 9. I . Manufacturer, trade name, catalog number and Supplier of each product and item
of equipment actually installed.
1.4.1.9.2. Changes made by Project Consultant's written instructions or by Change Order.
1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment. piping,
electrical system and instrumentation system.
1.4.1.10.1 . As-built documents must be updated monthly as a condition precedent to
payment. A final survey signed and sealed by a surveyor must be provided to the City at no
additional cost, including digital I (CAD and PDF) versions.
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1.4.1.10.2. For construction of new building, or building additions, field improvements, and
or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed
Registered Land Surveyor.
I .4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments,
COs, RFls, and field directives, as well as all written interpretations and clarifications issued by the
Project Consultant, in good order and annotated to show all changes made during construction. The
record documents must be continuously updated by Contractor throughout the prosecution of the
Work to accurately reflect all field changes that are made to adapt the Work to field conditions,
changes resulting from COs and/or field directives as well as all written interpretations and
clarifications, and all concealed and buried installations of piping, conduit and utility services.
Contractor must certify the accuracy of the updated record documents. The record documents must
be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in
red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final
payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record
Set of Drawing must be submitted in both hard copy and as electronic plot files.
1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must
take digital photographs and color audio-video recording to document existing conditions and submit
copies in an acceptable format to the City. Contractor must submit with each application for payment
photographs that accurately reflect the progress of all aspects of the Work. The number of
photographs to be taken will be based on the magnitude of the Work being performed. Contractor
must submit one copy of each photograph in print and digitally. The photographs must be printed on
8" X IO" high resolution glossy commercial grade and weight color photographic print paper or in a
format acceptable to the City. Each photograph must be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg
format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash
drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each
picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic
sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold
all print pictures.
1.5. Staging Site.
1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that
may be necessary for the performance of the Work and the Contractor is responsible for all site
security, including any fencing of the site, and any loss, damage or theft to its equipment and materials.
Any fencing of the Staging Site is subject to the prior written approval of the City.
1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If
such site is made available by the City, the City assumes no responsibility or liability for the equipment
or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or
theft to its equipment and materials. The Contractor must restore the site to its pre-existing
condition prior to the Contractor's use of the site.
1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the
duration of the Project. The Contractor must have the prior written approval of the City as to the
use of any office trailer and the placement location for the office trailer. The Contractor must obtain
all required permits from the appropriate regulatory agencies.
1.5.4. No parking is permitted at a City provided staging site without the prior written approval of
the City.
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1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and
included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading
and installation of all equipment and material(s). Contractor must make all arrangement for delivery.
Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with
suppliers. All transportation must comply with all federal, state (including FOOT), Miami-Dade County, and
local laws, rules and regulations. No materials will be stored on-site without the prior written approval of
the City.
I . 7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a
subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with
the prior written approval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion. The Contractor shall provide at least fourteen (14) days notice to
the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor.
1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in
accordance with the requirements provided by the Project Consultant or the City as applicable.
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 Manager or designee. The Notice to
Proceed will not be issued until Contractor's submission to City of all 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 Worl< shall be substantially completed within ninety 90 calendar
days from the date specified in the Notice to Proceed ("Contract Time"). Substantial
Completion shall be defined for this purpose as the date on which City receives beneficial use of the Project.
The Worlc shall be fully completed in accordance with the Contract Documents within ninety
90 calendar days from the date specified in the Notice to Proceed ("Final Completion
Time"). The Final Completion date is defined as the date determined by the City when all Work, including
punch list items, has been completed in accordance with the Contract Documents and Contractor has
delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of $1,000.00 SUBSTANTIAL
COMPLETION LIQUIDATED DAMAGES for each calendar day after the expiration of the Contract
Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor
achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final
Completion within the Final Completion Time, Contractor shall pay to City the sum of $1,000.00 FINAL
COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final
Completion Time that the Contractor fails to achieve Final Completion up until the date that the
Contractor achieves Final Completion. 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 Work 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
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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.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed
$One hundred sixty-three thousand. five hundred sixty-three dollars and fifty cents
($163,563.50) for the performance of the Work in accordance with the line items and unit prices included
in Exhibit "B" (the "Contract Price"). The 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. The Contract Price shall include all applicable sales taxes as
required by law.
3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten ( I 0)
calendar days from the date this Contract is executed by both parties. The schedule of values shall
indicate a complete breakdown of labor and material of all categories of Work on the Project.
Contractor's overhead and profit must be listed as separate line items. Each line item must be identified
with the number and title of the major specification section or major components of the items. The
Project Consultant or City as applicable may require further breakdown after review of the Contractor's
submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the schedule of values. The combined total value for mobilization
under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule
of Values must be incorporated into the Contractor's payment application form. The Contractor
guarantees that each individual line item contained in the schedule of values submitted as part of a
competitive solicitation shall not be increased without written approval by the City Manager.
3.3. Payment Application Procedures. 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 for Payment shall be submitted monthly by Contractor on or before
the I 0 th of each month for the prior month to the Project Consultant. Progress payments shall be made
in an amount equal to the percentage of Work completed as determined by the City or City's Project
Consultant, 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 Values,
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.
3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers,
subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of
any indebtedness incurred with respect to the Work of the Contractor as may be required by
the City;
3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to
the time of the request for payment and that the Work was inspected and accepted by the City
and any other governmental authorities required to inspect the Work; and
3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in
writing by the City Manager.
3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the
Buy-Out Savings.
3.5. Final Payment. 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 (including Retainage) as recommended by the City's Project
Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of:
3,5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid
in full as it relates to all Work performed under this Contract;
3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain
in effect after final payment is made;
3,5,3. A written statement that the Contractor knows of no reason that the insurance will not
be renewable to cover the period required by the Contract Documents;
3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures'
warranties or specific subcontractor warranties;
3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City;
3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and
manuals and documents required by the Contract Documents;
3 ,5. 7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits
as may be reasonably required by the City to assure a lien-free and claim-free completion of the
Work;
3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all
rubbish and debris;
3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor's
Work;
3.5.10 .. Such other documents necessary to show that the Contractor has complied with all
other requirements of the Contract Documents; and
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3.5.11. Cost Savings, including supporting documentation used to calculate the Cost Savings.
3.6. Payment Withholding. The City may withhold any payment, including a final payment, for
application to such extent as may be necessary, as determined by the City's Project Consultant, to protect
the City from loss for which the Contractor is responsible in the event that:
3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided
that the amount withheld shall be limited to the amount sufficient to cover such defective Work;
3.6.2. A third-party files a claim or lien in connection with the Work or this Contract;
3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor,
materials, or equipment which has been paid by the City, provided that the amount withheld shall be
limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor,
materials, or equipment;
3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City;
3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract
Time and that the unpaid balance would not be adequate to cover liquidated damages for the
anticipated delay;
3.6.7. The Contractor has failed to progress the Work satisfactorily and/or according to the
Contract Schedule;
3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract
Documents;
3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application
in accordance with the Contract Documents; and/or
3.6.10. Any other failure to perform a material obligation contained in the Contract Documents.
3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including
the final request for payment, does not constitute approval or acceptance by the 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.
3.8. 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.
3.9. Cost Savings and Value Engineering.
3. 9. I. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor
to reduce subcontractor costs for the performance of the Work, then the difference between (i) the
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sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of
Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar
discounts (the "Cost Savings"), shall revert to the City. The Contract Price shall be adjusted in
accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised
to reflect the new Contract Price.
3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract
Documents with the City and the Architect with the goal of finding acceptable means for reducing
the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the
Contract Documents shall be modified to reflect such changes. All savings in connection with Value
Engineering of the Work shall revert to City.
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), the Plans and Specifications attached hereto as Exhibit "A" (the "Plans and
Technical Specifications"), the 1TB and any Bidding Documents or procurement documents for the Project,
the Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit
"B", 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.
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.
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.
4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or
attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved
in the following order of priorities and the more stringent criteria for performance of the Work shall
apply:
4.4.1. First Priority: Change Orders with later date taking precedence;
4.4.2. Second Priority: This Base Agreement;
4.4.3. Third Priority: Exhibit "A." the Plans and Technical Specifications;
4.4.4. Fourth Priority: Exhibit "B," the Bid; and
4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in
this Section.
5. INDEMNIFICATION
5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the City, its officers, agents, consultants, and employees, from and against any and all demands,
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claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not
limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any
way connected with Contractor's negligence, recklessness, or intentional misconduct in the
Contractor's performance or non-performance of this Contract, Contractor's obligations, or the
Work related to the Contract, including but not limited to by reason of any damage to property,
or bodily injury or death incurred or sustained by any person, or to injury to or destruction of
tangible property or any other property (other than the Work itself) including the loss of use
resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly
negligent acts or omissions of Contractor, any subcontractor, any person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence
of any such party .. Additionally, the 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 other employment related litigation or worker's compensation claims under federal, state,
or local law.
5.2. The provisions of this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance.
6.1.1. 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 the 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.
6.1.1.1. 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 (except for Products/Completed Operations)
shall be in the amount of $2,000,000.
6.1.1.2. 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 Services
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pursuant to this Agreement who is not covered by Worker's Compensation insurance. In
order for this requirement to be waived, Contractor must provide proof of exemption from
such laws. Information regarding eligibility for an exemption from the State of Florida
Workers' Compensation Law is available at:
htt ps://www.m yfl oridacfo.com/Division/wc/P ublicationsForms Manua lsB eports/Brochures/Ke
y-Coverage-and-Eligibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial Services,
Division of Workers' Compensation at:
htt ps:llwww.myfl oridacfo.com/Division/wdEmployer/Exemptions/defau lt.htm .
6.1.1.3. 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 .
6.1.1.4. Builder's Risk property insurance upon the entire Work to the full replacement cost
value thereof. This Insurance shall include the interest of City and Contractor and shall
provide All-Risk coverage against loss by physical damage Including, but not limited to, Fire,
Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder's Risk insurance is
not required for this Project, the City shall select this box: ~-
6.1.1.S. 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.
6.1.2. 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.
6.1.2.1. 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.
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6.1.2.2. 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.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. Prior to performing any portion of the Work 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 ( 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 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. As authorized by Section 255.05( I )(a), Florida Statutes, if this Project is
exempt from posting of a payment and performance bond, the City shall select this box:
□.
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7.1. In order to Induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7. I . I • Contractor represents the following:
7.1.1.1. 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.
7.1.1.2. 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.
7.1.1.3. 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.
7.1.1.4. 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
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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 of the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents.
7.1.1.5. 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 .1.1.6. 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. I • I • 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.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and 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. No recovery for changed marl<et conditions.
7 .2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the "Market
Conditions"). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events: (I) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the current military conflict involving
Russia and the Ukraine (the "Ukraine Military Conflict"). Contractor also represents and warrants
that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7 .2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
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7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section.
7.3. Contractor warrants the following:
7.3.1. 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 .3.2. Anti-Kicl<bacl<. 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 .3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
that it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses.
7 .3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7.4. Defective Worl<; Warranty and Guarantee.
7 .4.1. 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 non-defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7 .4.2. 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 the City or its designee, 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.
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7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years 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. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. 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.
7 .4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
8. DEFAULT. TERMINATION. AND SUSPENSION; REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 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 after sending Contractor a 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. Termination for Convenience. 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.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days' written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
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8.4. Termination Due to Laci< of Funding. This Contract is subject to the conditions precedent that:
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the 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.
8.5. 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.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor's Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8. 7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. 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. CHANGES IN THE WORK
9.1. Change Orders.
9. I . I • Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
will be authorized only by a change order ("CO") approved in advance, and issued in accordance with
provisions of the Contract Documents.
9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project
Consultant with a detailed Request for Change Order ("RCO") in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable,
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the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor's acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work. Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9 .1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
10. MISCELLANEOUS
I 0.1. 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 Manager.
I 0.2. Contractor's Responsibility for Damages and Accidents.
I 0.2.1. 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.
I 0.2.2, 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.
I 0.3. 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 .
I 0.4. 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.
I 0.5. 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 from the non-
prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
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with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
I 0.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
I 0. 7. Exam I nation and Retention of Contractor's Records.
I 0. 7. I. The City or any of its duly authorized representatives shall, for five (5) years after final
payment under this Contract, have access to and the right to examine any of the Contractor's books,
ledgers, documents, papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees
to comply specifically with the provisions of Section I 19.070 I, Florida Statutes.
I 0. 7 .2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of records.
I 0. 7 .3. The right to access and examination of records stated herein and in any subcontracts shall
survive termination or expiration of this Contract and continue until disposition of any mediation,
claims, litigation or appeals related to this Project.
I 0. 7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor
to allow access by the City Manager or designees to any Records pertaining to work performed
under this Contact that are subject to the provisions of Chapter 119, Florida Statutes.
I 0.8. Authorized Representative.
I 0.8.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and 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.
I 0.8.2. The Authorized Representative, project managers, superintendents and supervisors for
the Project are all subject to prior and continuous approval of the 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 the City,
Contractor shall replace the unacceptable personnel with personnel acceptable to the City.
I 0.9. 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 the City harmless from
any liability on account of any and all such taxes, levies, duties and assessments.
I 0.10. Utilities. Contractor shall, at its expense, 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
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shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of this Contract.
I 0. I I . 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 and in full compliance with Occupational Safety and Health Act requirements and
all other similar applicable safety laws or codes. 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.
I 0.12. 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.
I 0.13. 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 ( 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 ( 150%) of the amount of the lien and to pay City's
reasonable attorneys' fees and costs incurred in connection therewith.
I 0.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes,
and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
I 0.15. 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, purchasing policies and other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Contractor.
I 0.16. 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 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.
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I 0.17. Ownership and Access to Records and Audits.
I 0.17. I. 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 Contract ("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
Contract) to establish and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
I 0.1 7 .2. Contractor agrees to keep and maintain public records in Contractor's possession or
control in connection with Contractor's performance under this Contract. The City Manager or
her designee shall, during the term of this Contract and for a period of five (5) years from the
date of termination of this Contract, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Contract. Contractor additionally agrees
to comply specifically with the provisions of Section 119.070 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
Contract, and following completion of the Contract until the records are transferred to the City.
I 0.17.3. 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 I 19, Florida
Statutes, or as otherwise provided by law.
I 0.17 .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
Contract are and shall remain the property of the City.
I 0.17 .5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract 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 Contract, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
I 0.17 .6. Any compensation due to Contractor shall be withheld until all records are received as
provided herein.
I 0.17. 7. Contractor's failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Contract by the City.
10.17.8. Notice Pursuant to Section I 19.0701(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:
Mailing address:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
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Telephone number: 305-663-6340
Email: N Payne@southmiamifl.gov
I 0.18. 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-
yerify,&ov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes;
will comply with the E-Verify requirements Imposed by Section 448.095, Florida Statutes, including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
11. SPECIAL CONDITIONS
The following provisions in this Section IO supersede any other 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:
11.1. Unsatisfactory Personnel.
I I • I • I • Contractor must at all times enforce strict discipline and good order among its employees
and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
I 1.1.2. The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Subcontractor
engaged by the Contractor to provide and perform services or Work pursuant to the requirements
of the Contract Documents. The Contractor must respond to the City within five (5) calendar days
of receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The City will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individual(s).
I 1.2. 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 including, without limitation, the City
Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above
without the prior written approval of the City.
I 1.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of T raffle ("MOT")
must be performed in accordance with the applicable FOOT Index Numbers (600 Series) and as further
stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHWA), must be followed in the design, application, installation, maintenance and
removal of all traffic control devices, warning devices and barriers necessary to protect the public and
workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and
protected at all times. Prior to commencement of the Work, Contractor must provide the City with a
20 of 157
proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan
must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the
issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
I 1.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner
be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
I 1.5. Substitutions. Substitution of any specified material or equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient
Information and documentation to the Project Consultant to allow for a thorough review and determination
on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor's responsibility to meet the requirements of the Contract Documents. The City may require
an adjustment in price based on any proposed substitution.
I 1.6. Severe Weather Preparedness. During such periods of time as are designated by the United
States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch
or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work
in response to all threatened storm events, regardless of whether the Contractor has been given notice of
same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather
event or alert precautions will not constitute additional work. Suspension of the Work caused by a
threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle
the Contractor to additional Contract Time as non-compensable, excusable delay.
11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the
Work 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"). Towards that end, the
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 Contract Conditions. If compliance with the ARPA Addendum is required,
the City shall select this box: □.
I 1.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds,
the City shall select this box: □.
Grant Title Grant Agreement Exhibit
If the Worl< will be funded utilizing Grant funds, the City shall select this box:□.
11.9. DBE Contract Assurance.
I I • 9. I • The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
21 of 157
11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and
administration of this Contract. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such
other remedy as the City deems appropriate.
I 1.10. Scrutinized Companies.
I 1.10.1. Contractor 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 this
Agreement at its sole option if the Contractor or its subcontractors are found to have submitted
a false certification; or if the Contractor, 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.
I 1.10.2. If this Agreement is for more than one million dollars, the Contractor 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 this Agreement at its sole option if the
Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or
if the Contractor, 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.
11.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
I 1.10.4. 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.
22 of 157
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year as first stated above.
By:
Genaro "C 1p" Iglesias
City Manager
Attest:
By: ___.:.~+----=--V11--------
Nken MC, FCRM
City Cle
Approved as to form and legal sufficiency:
By:__.,,_-=1:,....i..,..L.d-=:e..L..<::1C::~i?:...!...-----
Weis
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)
23 of 157
CONTRACTOR
By: ~ fr7J~
Name: Mario Gonzalez
Title: ----'-Pr'-'e=si'""d..c..en'-'-t'-----------
Entity: Maggolc Inc.
Addresses for Notice:
Maggolc loc
12060 SW 80 ST Miami FL 33183
~7=86~-=29~1~-=29~4~9 _____ (telephone)
-m++adJgg-o..,lcc\<o@~>....,1a,...ho..,.o.,.,, ..... co ... m----<email)
With a copy to:
___________ (telephone)
__________ (email)
E-VERIFY AFFIDAVIT
In accordance with SectJon +48.09S, Florida Statutes, the City requires all contractors doing business with
the City to register with and use the E-Verlfy system to verify the work authorization status of all newly
hired employees. The City wlll not enter Into a contract unless each party to the contract registers with
and uses the E-Verify system. , t
• ,If).,
The contracting endty 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-Verlfy, please visit:
hnps://www,e-veri(y,1pyffaq/how-do-i-provlde-proof-of-my-partlclpationenrotlment•lo•e-yerj(y
The foregoing lnstruq1ent was acknowledged before me by w~s r
notarization, this day f 20..:.63 by
(name of person) as • (type o
___ (name of party on be If of whom lnstrum ecuted).
EXHIBIT A
1TB #PW2023-I 0
25 of 157
1 I ti un Of Pl F.,\SANT I.I\ I',(,
CITY OF SOUTH MIAMI
INVITATION TO BID (1TB) No. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
City of South Miami Commission
Mayor Javier Fernandez
Commissioner Lisa Bonich
Commissioner Steve Calle
Commissioner Josh Liebman
Commissioner Brian Corey
City of South Miami City Hall
61 30 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: May 24, 2023
SUBMITTAL DUE DATE: June 21, 2023
SUBMITTAL DUE TIME: 10:00 AM
BID OPENING DATE: June 21, 2023
BID OPENING TIME: I 0:30 A.M.
11 If CITY or l'I I" ,\SM, 1 11v1,t,
PUBLIC NOTICE
INVITATION TO BID (1TB) No. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the DRAINAGE
IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET. Interested
companies, firms, and individuals ("Bidders") may obtain a copy of Invitation to Bid No. PW2023-1 0
(the "ITB") to be issued on May 24, 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 1TB 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 1TB 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 1TB once posted to the website. The bid
submission shall be submitted electronically via DemandStar and marked "Bid to City of South Miami, 1TB
No. PW2023-10 for the "the DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN
69TH & 70TH STREET." Bids must be received by the City by no later than June 21, 2023 at I 0:00
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 I 0:30 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 SA-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 between 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 questions on the Cone of Silence.
22 of 797
Date Issued: May 24, 2023
TABLE OF CONTENTS
Section Pa ge
Section I: Information for Bidders 4
Section 2: Terms and Conditions 11
Section 3. Scope of Work 17
Section 4: Bid Submission Requirements and Evaluation & 19
Forms and Attachments
Section 4: Bid Form/ Schedule of Values -Form 7 36
Section 4: References -Form 8 38
Section 4: Bid Guaranty/Bid Bond Form 9 41
Section 4: Performance & Payment Bond, Form I 0 42
28 of 197
SECTION I.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the "City") is soliciting bids for the DRAINAGE IMPROVEMENTS
AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET (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 1TB shall provide the services, design, labor, materials,
equipment, and all incidentals necessary, as further defined in Section 3 of this 1TB (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 1TB for the Work described in this 1TB.
1.2. SCHEDULE OF EVENTS.
The following schedule is anticipated for this 1TB process, but is subject to change by the City, in its sole
discretion, at any time during the 1TB procurement process.
No. Event Date* Time*
(EST)
I Advertisement/ Distribution of 1TB May 24, 2023 11:00AM
Non-Mandatory / Mandatory Pre-Bid Conference
2 and Site Visit NONE
6 I 30 Sunset Drive SCHEDULED
South Miami, FL 33143
3 Deadline to Submit Questions / Requests for June 9, 2023 10:00 AM Clarification
4 City Issues Addenda and Responds to Questions June 14, 2023 10:00 AM
5 Deadline to Submit Sealed Bids -Submission June 21, 2023 10:00 AM Deadline
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
6 htti;is://zoom.us/j/3056636339 ,or listen to the meeting on June 21, 2023 10:30 AM
a dedicated phone line by dialing + 1-786-635-1003 Meeting
ID: 3056636339.
7 City Manager issues recommendation to City Commission July 18, 2023 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission July 18, 2023 7:00 PM Meeting
29 of 197
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 I 0:00 a.m. E.S.T. on June 21,
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 1TB 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 1TB. 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 9, 2023 at I 0:00 a.m.
All such interpretations or clarifications will be made in writing in the form of an Addendum to this 1TB
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
1TB 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, 1TB No. PW2023-10 , the "DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET," 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
38 of 197
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 1TB 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 I 0:30
AM, local time. Members of the public are invited to view the bid opening meeting through
Zoom at https://zoom.us/j/30S6636339 or by listening to the bid opening meeting on a
dedicated phone line by dialing +1-786-63S-1003 Meeting ID: 30S6636339.
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 (I) 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 (I) 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 1TB. The emphasis should be on
accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the
Work. Bids MUST include the following:
I. 7. I. 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 I.
Form 2A.
Form 28.
Form 3.
Form 4.
Form 5.
Form 6.
Form 7.
Form 8.
Form 9.
Form 10.
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 Guaranty/Bid Bond
Performance & Payment Bond
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I • 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.
I. 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:
I.7.4.I.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.
I.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.S. 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.
I. 7 .6. Bidder may provide any additional information that highlights experience or expertise, which
is relevant and directly applicable to this 1TB.
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 1TB.
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 1TB
(the "Responsible Bidder"). In evaluating responsibility, the City may also consider previous contracts with
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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 1TB.
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 1TB. If the successful bidder to whom the contract
is awarded forfeits the award by failing to meet the conditions of this 1TB, 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 1TB, 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 1TB 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 1TB, 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 1TB. The City's Cone of Silence provisions
can be found under Section SA-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
61 30 Sunset Drive
South Miami, Florida 33 143
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
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(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 (I) ordinance, resolution, action
or decision of the City Commission; (2) any action, decision, recommendation of the City
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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-S(c)(9), of the City Code of Ordinances and completing Attachment B to this 1TB. 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 BA-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 I
3Bl<Dfl1.B'
SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the DRAINAGE IMPROVEMENTS AT SW 63
AVENUE BETWEEN 69TH & 70TH STREET 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 1TB 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 1TB 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 1TB 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 1TB 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 1TB, 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 1TB, 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
3161affl2Q'
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. I. 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 AM. 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. I.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 1TB 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 1TB.
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.
3171.aff lRV
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 the
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 I 00 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 I 00 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
3Bl<Jffl1.B'
Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be
returned after the Contract is awarded and executed.
Bid Bonds shall be submitted via the Demand Star E-Bid System or to the City Clerk's
Office no later than the Submittal Due Date:
Nkenga "Nikki" Payne, CMC, FCRM
City Clerk
City of South Miami
61 30 Sunset Drive
South Miami, Florida 33 143
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 1TB.
2.1 I. ASSIGNMENT.
The Contractor shall not transfer or assign the performance of the Work required by this 1TB and the
Agreement without the City's prior written consent. Any award issued pursuant to this 1TB 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 1TB 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.
3191<1ff 11.W
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,
error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees,
in the performance of the Work pursuant to this 1TB 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. I 33(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 public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity 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 1TB 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 1TB, Florida
Law will govern and prevail.
All Bids submitted in response to this 1TB 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 119.070 I (l)(a), Florida Statutes. IF THE BIDDER HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER I 19, FLORIDA
STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
Custodian of Records:
Mailing address:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
Telephone number: 305-663-6340
Email: N Payne@southmiamifl.gov
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
4116affl1.W
SECTION 3.
SCOPE OF WORK. SPECIFICATIONS. AND REQUIREMENTS
3.1. GENERAL REQUIREMENTS.
The Work specified in this Invitation to Bid (1TB) 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 1TB (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 81 I 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 7-1 5 and 7-16 of the City Code of Ordinances.
3.2. SPECIFIC REQUIREMENTS.
The City is soliciting proposals from highly qualified firms to Improve the drainage on SW 63 Avenue
between SW 69 Street and SW 70 Street. The drainage improvements entails installation of inlet,
stabilization, limerock base, manholes, exfiltration trench and pipes associated with the new drainage
system as well milling and re-surfacing, RPMs and thermoplastic based on the 5-year I-hour storm event
design requirements. All work must be completed within ninety (90) 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.
4117<Dflm'
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).
3.3. SITE LOCATION.
The Project will be held at: SW 63 Avenue between SW 69 Street and SW 70 Street, 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 March 2023.
3.5. PROIECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
ninety (90) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from
the City's Project Manager.
3.6. WARRANTY.
Bidder shall provide and make the warranties and representations set forth under Section 7 of the sample
contract for construction attached hereto as Attachment A.
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
4113aff Im'
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) ✓
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 ✓
Form I 0. Performance & Payment 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
"DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET"
Prepared by Stantec dated March, 2023
41'9afflm'
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No.
PW2023-10. 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 ---
Addendum 2 ---
___ Addendum 3
___ Addendum 4
___ Addendum 5
___ 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 28.
Form 3.
Form 4.
Form 5.
Form 6.
Form 7.
Form 8.
Form 9.
Form 10.
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
Performance & Payment Bond
4mcdfl1lf
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
NAME OF BIDDER FIRM
SIGNATURE OF BIDDER
N AME & 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).
___ ,Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: ______________ )
___ Did take an oath; or
___ Did not take an oath
FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF )
) ss
COUNTY OF -----
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:
(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. 2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET, 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
41llcdf 17.W
(if Partnership)
CERTIFICATE
STATE OF ____ _
COUNTY OF
FORM 2B
BIDDER'S CERTIFICATION
)
) ss
)
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 t he City of South
Miami for 1TB No. PW2023-10 DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET 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)
4Blcdfl1.W
FORMJ
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED T O 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 IO 1-336, I 04 Stat 327, 42 USC
1210 I 12213 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
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Trans it Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Bidder Initials
~clffli'.W
Public 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 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.)
D 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 final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 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 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 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.
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;
.2J6 <lff li57
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
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
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
5/]/ CJff llJll
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 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.)
D 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.
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
I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
S!Bcdflmr
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. PW2023-10 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.]
29afflm'
In the presence of: Signed, sealed and delivered by:
Witness #I 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).
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _______________ _,
___ Did take an oath; or
___ Did not take an oath
SB)clff 12W
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) 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 ----------
1 f 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).
___ Personally known to me; or
Notary Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _____________ )
___ Did take an oath; or
___ Did not take an oath
Sl,lclff&m'
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). 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: ___________________________ _
Date: ___________ _ By: __________ _
Signature of Authorized Representative
Name and Title of Authorized Representative
59l<lffli'.W
FORM6
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 (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 o LLC □ LLP □ Other __________ _
Please identify the Firm's primary business: _____________________ _
SIB<lfflm'
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
fh h dh I fi name o t e entity t at issue t e icense or certi ,cation:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Please identify the name, license number, and issuance date of any prior companies that pertain to your
Firm:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type License or Certification
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
h . s1R,nm,g aut onty:
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 Trad es 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? o No o Yes If yes, please identify the
type of claim and the amount paid out under the claim: ________ _
FIRM OWNERSHIP
Please identi all Firm owners or artners, their title, and ercent of owners ·
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
o No o 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 T eleohone 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: _____ _
6[]jc:df(7.liV
FORM7
BID FORM/SCHEDULE OF VALUES
1TB No. PW2023-10
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 PAY DESCRIPTION UN QTY UNIT PRICE AMOUNT ITEM
ROADWAY PAY ITEMS
110-1-1 Clear and Grubbing
I
LS. I $ $
Prevention, Control and
2 104-10-3 Abatement of Erosion and LS. I
Water Pollution $ $
110-15-2 Existing Tree Protection
3 and Preservation
LS. I $ $
160-4 Type "B" Stabilization
4 ( 12") (Min. LB.R. of 40) S.Y. 310 $ $
285-706 Limerock Base (8")
5 (Primed)
S.Y. 310 $ $
327-70-1 Milling Existing Asphalt
6 Pavement, I" Avg. Depth
S.Y. 525 $ $
337-7-82 Asphalt Concrete Friction
7 Course Traffic C, SP-9.5
(I" Thick) (Resurfacing)
TON 29 $ $
425-1521 Inlet, Type C (24"x37'') -
8 Ditch Bottom
EACH 3 $ $
425-1-201 Inlet, Type "C", 30
9 EACH 3
$ $
425-2-71 Manhole, Type "J", 50
10 EACH 3
$ $
430-175-HDPE Pipe, 15"
11 115 LF. 75
$ $
443-70-4 Exfiltration Trench, 24"
12 LF. 200
$ $
522-1 Sidewalk Reconstruction
13 (4") S.Y. 15
$ $
Sodding (Pensacola Bahia
14 570-1-2 or Match Existing) S.Y. 150 (Includes Watering and
Maintenance) $ $
Retro-Reflective
15 706-3 Pavement Markers EACH 24
(RPMs) $ $
16 711-11-Thermoplastic (yellow) LF. 150 221 (solid) (6") $ $
61l6affl1.B'
17 711-11-Thermoplastic (white)
121 (solid) (6")
ITEM PAY DESCRIPTION ITEM
18 101-1 MOBILIZATION( I 0%)
19 102-1 MAINTENANCE OF
TRAFFIC
20 102-14 TRAFFIC CONTROL
OFFICER
21 PERM-PERMIT
ALLOW ALLOWANCE(5%)
22 CONT CONTINGENCY( I 0%)
SUBMITTED THIS
PROPOSAL SUBMITTED BY:
Company
Name of Person Authorized to Submit
Proposal
Signature
Title
LF. 150
$ $
SUBTOTAL ROADWAY ITEMS
$
UN QTY UNIT PRICE AMOUNT
MISCELLANEOUS ITEMS
LS. I
$ $
LS. I
$ $
H.R. 120
$ $
LS. I
$ $
LS. I
$ $
SUBTOTAL MISCELLANEOUS ITEMS
$
TOTAL
$
DAY OF ---------20 __ .
Telephone Number
Fax Number
Email Address
6WCJfflm'
FORMS
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: _________________________ _
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 ___ _
61B<lfflm'
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 Activel Yes ___ No ___ _
Qhffl2W
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
FORM9
BID GUARANTY/BID BOND
1TB #PW2023-10
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 #I Print Name: __________ _ Print Name: _________ _
Title: ______________ _
Witness #2 Print Name: __________ _ Principal/Firm: ________ _
In the presence of: Signed, sealed and delivered by:
Witness #I Print Name: __________ _ Attorney-In-Fact: _______ _
(Power of Attorney to be attached)
Witness #2 Print Name: __________ _ Resident Agent
FORM 10
FORM OF PAYMENT AND PERFORMANCE BONDS
PAYMENT BOND
BY THIS BOND, we, ____________________ , as Principal,
(the "Contractor") and ____________________ _, as Surety, are bound to
the City of South Miami (the "City"), as Obligee, in the amount of ___________ Dollars
($ _______ _, for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract pursuant to 1TB No.
PW2023-I 0, which was awarded on _________ _, 2023, pursuant to Resolution No.
__ _, with the City, which contract documents are by reference incorporated herein and made a part
hereof, and specifically include provision for liquidated and other damages, and for the purpose of this
Bond are referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND/OBLIGATION are that if
Contractor shall promptly make payment to all claimants, as herein below defined, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and
conditions:
I . A claimant is defined as any person supplying the Principal with labor, material and supplies, used
directly or indirectly by the said Principal or any subcontractor in the prosecution of the work
provided for in said Contract, and is further defined in Section 255.05( I) of the Florida Statutes; and
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of
ninety (90) days after performance of the labor or after complete delivery of materials and
supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and have execution thereon.
The Owner shall not be liable for the payment of any costs or expenses of any such suit; and
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall within
forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution
of the work, furnish the Principal with a notice that he intends to look to this bond for
protection;
b. Unless claimant, other than one having a direct contract with the Principal, shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials and supplies, deliver to the Principal written notice of the performance of
such labor or delivery of such material and supplies and the nonpayment therefore;
c. After the expiration of one (I) year from the performance of the labor or completion of
delivery of the materials and supplies; it being understood, however, that if any limitation
embodied in this Bond is prohibited by any law controlling the construction hereof such
limitations shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law;
d. Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated, or
in the United States District Court for the district in which the project, or any part thereof,
is situated, and not elsewhere.
6Vlcdfl1.W
4. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner
may be compelled to pay because of any lien for labor or materials furnished for any work included
in or provided by said Contract.
5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder
or the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the
Surety hereby waives notice of any such change, extension of time, alterations of or addition to
the terms of the Contract, or to the work or to the Specifications.
6. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide
General Policyholder's rating of " " and Financial Category of "Class
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals,
this ____ day of _________ 2023, AD., the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
WITNESS: If Sole Ownership or Partnership, two (2) Witnesses Required; If Corporation, Secretary
Only will attest and affix seal.
FOR THE CONTRACTOR:
WITNESS:
Secretary
(Affix Corporate Seal)
FOR THE SURETY:
WITNESS:
Name of Corporation
By: ____________ _
Print Name: ____________ _
Title: ______________ _
Agent and Attorney-in-Fact
Print Name: ____________ _
Title: ______________ _
Address: _____________ _
Telephone: ______ _
681cam.£V
ATTACHMENT A
SAMPLE OF CONTRACT
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this ___ day of _
________ , 2023 (the "Effective Date") by and between the CITY OF SOUTH MIAMI,
FLORIDA, a Florida municipal corporation, (the "City"), and [INSERT CONTRACTOR'S NAME], a
[INSERT TYPE OF ENTITY] (the "Contractor").
WHEREAS, the City issued Invitation to Bid No. PW2023-10 (the "ITB") for construction
of"DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET," South Miami, FL 33143 (the "Project"), which 1TB is incorporated herein by reference
and made a part hereof as Exhibit "A"; and
WHEREAS, in response to the City's 1TB, the Contractor submitted a bid for the Project ("Bid"),
which Bid is incorporated herein by reference and made a part hereof as Exhibit "B"; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of
[$ ______ __, in response to the 1TB and was selected and awarded this Contract pursuant to
Resolution No. _ for performance of the Work (as hereinafter defined); and
WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications,
experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the
terms and conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
I. SCOPE OF WORK
1.1. Scope of Work. 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 prepared by Stantec (the "Project Consultant") attached hereto as Exhibit
"A" (the "Plans") and any other documents incorporated herein by reference and made a part of
this Contract for the following Project:
"DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET"
1.2. Pre-Construction Conference. Within fourteen ( 14) calendar days after this Contract is
executed by both parties, and before any Work has commenced, a pre-construction conference will
be held between the City, the Contractor, and the Project Consultant. The Contractor must submit
its project schedule and schedule of values, if applicable, prior to this conference.
1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed
Project schedule must be submitted within ten ( I 0) calendar days from the date this Contract is
executed by both parties for the review and approval of the Project Consultant or City as applicable.
This initial schedule shall establish the baseline schedule for the Project.
1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule tracked against the baseline must
also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to
submit such schedules will result in the rejection of any submitted payment application.
1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City.
At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
1.4. Records.
1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record
Drawings showing correctly and accurately all changes and deviations made during construction to
reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the
As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing
that the As-Built Record Drawings are correct and accurate, including the actual location of all
infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating
the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly
mark on-site structures and site Work as follows:
1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum.
1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of
valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground
utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe
material, class, etc.
1.4.1.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors, fans and other items needing periodic maintenance.
I .4.1 .4. Field changes in dimensions and details.
1.4.1.5. Changes made by Project Consultant's written instructions or by Change Order.
1.4.1.6. Details not on original Contract Drawings.
1.4.1. 7. Equipment, conduit, electrical panel locations.
1.4.1.8. Project Consultant's schedule changes according to Contractor's records and shop
drawings.
1.4.1.9. Specifications and Addenda: Legibly mark each section to record:
1.4.1. 9. I • Manufacturer, trade name, catalog number and Supplier of each product and item
of equipment actually installed.
1.4.1.9.2. Changes made by Project Consultant's written instructions or by Change Order.
1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping,
electrical system and instrumentation system.
'}(Jjcdf(m7
1.4.1.1 0.1. As-built documents must be updated monthly as a condition precedent to
payment. A final survey signed and sealed by a surveyor must be provided to the City at no
additional cost, including digital I (CAD and PDF) versions.
1.4.1.10.2. For construction of new building, or building additions, field improvements, and
or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed
Registered Land Surveyor.
1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments,
COs, RFls, and field directives, as well as all written interpretations and clarifications issued by the
Project Consultant, in good order and annotated to show all changes made during construction. The
record documents must be continuously updated by Contractor throughout the prosecution of the
Work to accurately reflect all field changes that are made to adapt the Work to field conditions,
changes resulting from COs and/or field directives as well as all written interpretations and
clarifications, and all concealed and buried installations of piping, conduit and utility services.
Contractor must certify the accuracy of the updated record documents. The record documents must
be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in
red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final
payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record
Set of Drawing must be submitted in both hard copy and as electronic plot files.
1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must
take digital photographs and color audio-video recording to document existing conditions and submit
copies in an acceptable format to the City. Contractor must submit with each application for payment
photographs that accurately reflect the progress of all aspects of the Work. The number of
photographs to be taken will be based on the magnitude of the Work being performed. Contractor
must submit one copy of each photograph in print and digitally. The photographs must be printed on
8" X IO" high resolution glossy commercial grade and weight color photographic print paper or in a
format acceptable to the City. Each photograph must be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg
format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash
drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each
picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic
sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold
all print pictures.
1.5. Staging Site.
1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that
may be necessary for the performance of the Work and the Contractor is responsible for all site
security, including any fencing of the site, and any loss, damage or theft to its equipment and materials.
Any fencing of the Staging Site is subject to the prior written approval of the City.
1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If
such site is made available by the City, the City assumes no responsibility or liability for the equipment
or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or
theft to its equipment and materials. The Contractor must restore the site to its pre-existing
condition prior to the Contractor's use of the site.
1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the
duration of the Project. The Contractor must have the prior written approval of the City as to the
use of any office trailer and the placement location for the office trailer. The Contractor must obtain
all required permits from the appropriate regulatory agencies.
1.5.4. No parking is permitted at a City provided staging site without the prior written approval of
the City.
1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and
included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading
and installation of all equipment and material(s). Contractor must make all arrangement for delivery.
Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with
suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and
local laws, rules and regulations. No materials will be stored on-site without the prior written approval of
the City.
I • 7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a
subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with
the prior written approval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion. The Contractor shall provide at least fourteen ( 14) days notice to
the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor.
I .8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in
accordance with the requirements provided by the Project Consultant or the City as applicable.
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 Manager or designee. The Notice to
Proceed will not be issued until Contractor's submission to City of all 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 shall be substantially completed within ninety 90 calendar
days from the date specified in the Notice to Proceed ("Contract Time"). 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 accordance with the Contract Documents within ninety
90 calendar days from the date specified in the Notice to Proceed ("Final Completion
Time"). The Final Completion date is defined as the date determined by the City when all Work, including
punch list items, has been completed in accordance with the Contract Documents and Contractor has
delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of $1,000.00 SUBSTANTIAL
COMPLETION LIQUIDATED DAMAGES for each calendar day after the expiration of the Contract
Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor
achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final
Completion within the Final Completion Time, Contractor shall pay to City the sum of $1,000.00 FINAL
COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final
Completion Time that the Contractor fails to achieve Final Completion up until the date that the
Contractor achieves Final Completion. 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 Work on time. The above-stated liquidated
]IU<lffl1.B7
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.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed
$ ______________ for the performance of the Work in accordance with the line items
and unit prices included in Exhibit "B" (the "Contract Price"). The 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. The Contract Price shall include
all applicable sales taxes as required by law.
3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten ( I 0)
calendar days from the date this Contract is executed by both parties. The schedule of values shall
indicate a complete breakdown of labor and material of all categories of Work on the Project.
Contractor's overhead and profit must be listed as separate line items. Each line item must be identified
with the number and title of the major specification section or major components of the items. The
Project Consultant or City as applicable may require further breakdown after review of the Contractor's
submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the schedule of values. The combined total value for mobilization
under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule
of Values must be incorporated into the Contractor's payment application form. The Contractor
guarantees that each individual line item contained in the schedule of values submitted as part of a
competitive solicitation shall not be increased without written approval by the City Manager.
3.3. Payment Application Procedures. 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 for Payment shall be submitted monthly by Contractor on or before
the I 0th of each month for the prior month to the Project Consultant. Progress payments shall be made
in an amount equal to the percentage of Work completed as determined by the City or City's Project
Consultant, 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 Values,
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.
~cdf11.11
3.4. Pro1ress Payment Applications. Each progress payment application submitted to the City
must include:
3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material
suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all
Work performed up to the time of the request for payment;
3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers,
subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of
any indebtedness incurred with respect to the Work of the Contractor as may be required by
the City;
3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to
the time of the request for payment and that the Work was inspected and accepted by the City
and any other governmental authorities required to inspect the Work; and
3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in
writing by the City Manager.
3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the
Buy-Out Savings.
3.5. Final Payment. 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 (including Retainage) as recommended by the City's Project
Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of:
3.5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid
in full as it relates to all Work performed under this Contract;
3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain
in effect after final payment is made;
3.5.3. A written statement that the Contractor knows of no reason that the insurance will not
be renewable to cover the period required by the Contract Documents;
3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures'
warranties or specific subcontractor warranties;
3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City;
3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and
manuals and documents required by the Contract Documents;
3.5. 7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits
as may be reasonably required by the City to assure a lien-free and claim-free completion of the
Work;
3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all
rubbish and debris;
3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor's
Work;
3.5.10 .. Such other documents necessary to show that the Contractor has complied with all
other requirements of the Contract Documents; and
3.5.11. Cost Savings, including supporting documentation used to calculate the Cost Savings.
3.6. Payment Withholding. The City may withhold any payment, including a final payment, for
application to such extent as may be necessary, as determined by the City's Project Consultant, to protect
the City from loss for which the Contractor is responsible in the event that:
3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided
that the amount withheld shall be limited to the amount sufficient to cover such defective Work;
3.6.2. A third-party files a claim or lien in connection with the Work or this Contract;
3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor,
materials, or equipment which has been paid by the City, provided that the amount withheld shall be
limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor,
materials, or equipment;
3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City;
3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract
Time and that the unpaid balance would not be adequate to cover liquidated damages for the
anticipated delay;
3.6. 7. The Contractor has failed to progress the Work satisfactorily and/or according to the
Contract Schedule;
3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract
Documents;
3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application
in accordance with the Contract Documents; and/or
3.6.10. Any other failure to perform a material obligation contained in the Contract Documents.
3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including
the final request for payment, does not constitute approval or acceptance by the 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.
3.8. 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
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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.
3. 9. Cost Savings and Value Engineering.
3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor
to reduce subcontractor costs for the performance of the Work, then the difference between (i) the
sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of
Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar
discounts (the "Cost Savings"), shall revert to the City. The Contract Price shall be adjusted in
accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised
to reflect the new Contract Price.
3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract
Documents with the City and the Architect with the goal of finding acceptable means for reducing
the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the
Contract Documents shall be modified to reflect such changes. All savings in connection with Value
Engineering of the Work shall revert to City.
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), the Plans and Specifications attached hereto as Exhibit "A" (the "Plans and
Technical Specifications"), the 1TB and any Bidding Documents or procurement documents for the Project,
the Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit
"B", 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.
4.2. This Contract incorporates and includes all prior negot1at1ons, 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.
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.
4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or
attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved
in the following order of priorities and the more stringent criteria for performance of the Work shall
apply:
4.4.1. First Priority: Change Orders with later date taking precedence;
4.4.2. Second Priority: This Base Agreement;
4.4.3. Third Priority: Exhibit "A," the Plans and Technical Specifications;
4.4.4. Fourth Priority: Exhibit "B," the Bid; and
7.{,lclffl2Q'
4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in
this Section.
5. INDEMNIFICATION
5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the City, its officers, agents, consultants, and employees, from and against any and all demands,
claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not
limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any
way connected with Contractor's negligence, recklessness, or intentional misconduct in the
Contractor's performance or non-performance of this Contract, Contractor's obligations, or the
Work related to the Contract, including but not limited to by reason of any damage to property,
or bodily injury or death incurred or sustained by any person, or to injury to or destruction of
tangible property or any other property (other than the Work itself) including the loss of use
resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly
negligent acts or omissions of Contractor, any subcontractor, any person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence
of any such party .. Additionally, the 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 I 964, the Age Discrimination in Employment Act, the Americans with Disabilities Act
or any other employment related litigation or worker's compensation claims under federal, state,
or local law.
5.2. The provisions of this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance.
6.1.1. 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 the 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.
6.1.1.1. 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
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Contractor. The General Aggregate Liability limit (except for Products/Completed Operations)
shall be in the amount of $2,000,000.
6.1.1.2. 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 Services
pursuant to this Agreement who is not covered by Worker's Compensation insurance. In
order for this requirement to be waived, Contractor must provide proof of exemption from
such laws. Information regarding eligibility for an exemption from the State of Florida
Workers' Compensation Law is available at:
https://www.myfloridacfo.com/Division/wdPublicationsFormsManualsReports/Brochures/Ke
y-Coverage-and-Eligibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial Services,
Division of Workers' Compensation at:
https://www.myfloridacfo.com/Division/wdEmployer/Exemptions/default.htm.
6.1.1.3. 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.
6.1.1.4. Builder's Risk property insurance upon the entire Work to the full replacement cost
value thereof. This insurance shall include the interest of City and Contractor and shall
provide All-Risk coverage against loss by physical damage including, but not limited to, Fire,
Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder's Risk insurance is
not required for this Project, the City shall select this box: ~-
6.1.1.5. 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.
6.1.2. 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.
6.1.2.1. 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
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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.
6.1.2.2. 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.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. Prior to performing any portion of the Work 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 ( 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 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. As authorized by Section 255.05( I )(a), Florida Statutes, if this Project is
exempt from posting of a payment and performance bond, the City shall select this box:
□.
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7. I. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7. I . I • Contractor represents the following:
7.1.1.1. 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.
7.1.1.2. 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 .1.1.3. 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
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Work. Contractor agrees that it will at all times comply with all requirements of the foregoing
laws, regulations and permits.
7. I . I .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, 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 .1.1.5. 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 .1.1.6. 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.
7.1.1. 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.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and 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. No recovery for changed market conditions.
7 .2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the "Market
Conditions"). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events: (I) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox (the "Pandemics") and (2) the current military conflict involving
Russia and the Ukraine (the "Ukraine Military Conflict"). Contractor also represents and warrants
81liafff1.W
that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7 .2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section.
7.3. Contractor warrants the following:
7.3.1. 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.
7.3.2. 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.
7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
that it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses.
7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7.4. Defective Work; Warranty and Guarantee.
7.4.1. 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 non-defective Work. Contractor shall bear all direct,
ffil(,<lff(i$'
indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7 .4.2. 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 the City or its designee, 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.
7 .4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years 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. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. 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.
7 .4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
8. DEFAULT. TERMINATION. AND SUSPENSION; REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 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 after sending Contractor a 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. Termination for Convenience. 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
SiUcdflmr
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.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days' written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the 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.
8.5. 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.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor's Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8. 7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. 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. CHANGES IN THE WORK
9.1. Change Orders.
9. 1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
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will be authorized only by a change order ("CO") approved in advance, and issued in accordance with
provisions of the Contract Documents.
9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project
Consultant with a detailed Request for Change Order ("RCO") in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable,
the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor's acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
I 0. MISCELLANEOUS
I 0.1. 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 Manager.
I 0.2. Contractor's Responsibility for Damages and Accidents.
I 0.2.1. 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.
I 0.2.2. 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.
I 0.3. 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.
I 0.4. 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
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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.
I 0.5. 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 from the non-
prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
I 0.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
I 0. 7. Examination and Retention of Contractor's Records.
I 0. 7. I. The City or any of its duly authorized representatives shall, for five (5) years after final
payment under this Contract, have access to and the right to examine any of the Contractor's books,
ledgers, documents, papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees
to comply specifically with the provisions of Section 119.070 I, Florida Statutes.
I 0. 7 .2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of records.
I 0.7.3. The right to access and examination of records stated herein and in any subcontracts shall
survive termination or expiration of this Contract and continue until disposition of any mediation,
claims, litigation or appeals related to this Project.
I 0. 7 .4. The City may cancel and terminate this Contract immediately for refusal by the Contractor
to allow access by the City Manager or designees to any Records pertaining to work performed
under this Contact that are subject to the provisions of Chapter 119, Florida Statutes.
I 0.8. Authorized Representative.
I 0.8.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and 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.
I 0.8.2. The Authorized Representative, project managers, superintendents and supervisors for
the Project are all subject to prior and continuous approval of the 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 the City,
Contractor shall replace the unacceptable personnel with personnel acceptable to the City.
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10.9. 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 the City harmless from
any liability on account of any and all such taxes, levies, duties and assessments.
I 0.10. Utilities. Contractor shall, at its expense, 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
shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of this Contract.
I 0.1 I. 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 and in full compliance with Occupational Safety and Health Act requirements and
all other similar applicable safety laws or codes. 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.
I 0.12. 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.
I 0.13. 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 ( 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 ( 150%) of the amount of the lien and to pay City 's
reasonable attorneys' fees and costs incurred in connection therewith.
I 0.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes,
and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
I 0.15. 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,
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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.
I 0.16. 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 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.
I 0.17. Ownership and Access to Records and Audits.
I 0.17. I. 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 Contract ("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
Contract) to establish and confirm such ownership {including, without limitation, assignments,
powers of attorney and other instruments).
I 0.17.2. Contractor agrees to keep and maintain public records in Contractor's possession or
control in connection with Contractor's performance under this Contract. The City Manager or
her designee shall, during the term of this Contract and for a period of five (5) years from the
date of termination of this Contract, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Contract. 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
Contract, and following completion of the Contract until the records are transferred to the City.
I 0.17.3. 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.
I 0.17 .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
Contract are and shall remain the property of the City.
I 0.17.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract 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 Contract, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
I 0.17.6. Any compensation due to Contractor shall be withheld until all records are received as
provided herein.
I 0.17. 7. Contractor's failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Contract by the City.
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10.17.8. Notice Pursuant to Section I 19.0701(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:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.gov
I 0.18. 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 v1s1t https://www.e-
verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes;
will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
I I. SPECIAL CONDITIONS
The following provisions in this Section IO supersede any other 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:
I 1.1 . Unsatisfactory Personnel.
I 1.1.1. Contractor must at all times enforce strict discipline and good order among its employees
and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
I 1.1.2. The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Subcontractor
engaged by the Contractor to provide and perform services or Work pursuant to the requirements
of the Contract Documents. The Contractor must respond to the City within five (5) calendar days
of receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The City will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individual(s).
I 1.2. 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 including, without limitation, the City
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Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above
without the prior written approval of the City.
I 1.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic ("MOT")
must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further
stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHWA), must be followed in the design, application, installation, maintenance and
removal of all traffic control devices, warning devices and barriers necessary to protect the public and
workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and
protected at all times. Prior to commencement of the Work, Contractor must provide the City with a
proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan
must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the
issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
I 1.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner
be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
I 1.5. Substitutions. Substitution of any specified material or equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient
information and documentation to the Project Consultant to allow for a thorough review and determination
on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor's responsibility to meet the requirements of the Contract Documents. The City may require
an adjustment in price based on any proposed substitution.
I 1.6. Severe Weather Preparedness. During such periods of time as are designated by the United
States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch
or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work
in response to all threatened storm events, regardless of whether the Contractor has been given notice of
same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather
event or alert precautions will not constitute additional work. Suspension of the Work caused by a
threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle
the Contractor to additional Contract Time as non-compensable, excusable delay.
11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the
Work 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"). Towards that end, the
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 Contract Conditions. If compliance with the ARPA Addendum is required,
the City shall select this box: □.
I 1.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a "Grant"). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds,
the City shall select this box: □.
Grant Title Grant Agreement Exhibit
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If the Work will be funded utilizing Grant funds, the City shall select this box:□.
11.9. DBE Contract Assurance.
11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and
administration of this Contract. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such
other remedy as the City deems appropriate.
I 1.10. Scrutinized Companies.
I 1.10.1. Contractor 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 this
Agreement at its sole option if the Contractor or its subcontractors are found to have submitted
a false certification; or if the Contractor, 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.
I 1.10.2. If this Agreement is for more than one million dollars, the Contractor 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 this Agreement at its sole option if the
Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or
if the Contractor, 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.
11.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
I 1.10.4. 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.
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)
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CONTRACTOR
By: ____________ _
Name: _____________ _
Title: ______________ _
Entity: _____________ _
Addresses for Notice:
___________ (telephone)
___________ (email)
With a copy to:
___________ (telephone)
___________ (email)
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# I 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
'l1l aJH'111
NOTICE TO PROCEED
Dated:--------~ 20_
To:
Project Name: DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH &
70TH STREET
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: ______________ _
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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.
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ATTACHMENT C
"DESIGN PLANS AND CONSTRUCTION SPECIFICATIONS"
Prepared by:
Stantec
90 I Ponce de Leon Blvd
Suite 900
Coral Gables, FL 33134
Ph: 305/445-2900
Fax: 305/445-3344
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INDEX OF SHEETS
SHEET NO.
C-00
G--01
G--02
G--03
C-01
C-02
C-03
S-01
SHEET DESCRIPTION
COVERSHEET
SUMMARY OF QUANTITIES
GENERAL NOTES
DETAILS
SITE PLAN
DRAINAGE STRUCTURES
PAVEMENT MARKING PLAN
TOPOGRAPHIC SURVEY
THE SCALE OF THESE DRAWINGS MAY HAVE CHANGED
DUE TO REPRODUCTION
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CITY OF SOUTH MIA.... 1;1"' ,., ,
SW 63RD AVENUE IMPROVE ~ ~ ·S\~_J
,.! JI"~ ' 'V
-y REVIEW
CAPITAL IMPROVEMENTSd?vR, ... GRA'M oNMENTAL
SOUTH MIAMI, FLORIDA1u..:SOURCES MANA(iEME~-f ~EVELOPEDFOR:
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MAYOR : JAVIER FERNANDEZ
VICE-MAYOR: LISA BONICH
COMMISSIONER: STEVE CALLE
COMMISSIONER: JOSH LIEBMAN
COMMISSIONER: BRIAN COREY
100% SUBMITTAL
MARCH 2023
~PRO.'CD BY
() Stantec
901 Ponce de Leon Blvd. Suire 900
Corel Gables. Florido 33134
CARLOS M. HER DOC IA, P .E.
REGISTERED ENGINEER ND. 00000
STATE OF FLORIDA
Tel. 30~2900
fcx.JOS.<,<5.334-4
www.slonlec.com
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SUMMARY OF QUANTITIES
PAY ITEM ND. ITEM UNIT PtAN FlNAL
101-1 l«lBlUZATIOH LS. 1
102-1 IIAl®WICEOl"llWFlC LS. 1
104-10-J PRMll110H, CONTROL ANO A81.TcMEHT Of EROSION ANO WAID! POU.UllON (SWPPP) LS. 1
110-1-1 Cli.<!l1IG ANO GR!JBBING LS. 1
110-15-2 EXISTIIIG TR£t PROTcCT10N ANO PR&RVATION LS. 1
160-< T'r!'E 'II" STABIUZATION (127 (MIN. LB.R. Of <O) S.Y. J10
285-705 UMEROO< BASE (B') (PRJMEO) S.Y. 310
307-70-1 MJWNG EXISTING ASPHALT PAlJSIENT, 1 ~ AVG. DEPTH S.Y. 525
m-7-82 ASPIW.T CONCRm FRICTION COORS[ 'TRAF\1C C. SP..9.5 II" THJO<) (RESURFACING) Tt»I 29
425-1521 1Nl£T, IXTCH BOTTOM. T'r!'E "C" (24"XJ7') E/01 J
425-1-201 1Nl£T, T'r!'E ·c· CJ'•) E/01 J
425-2-71 MANHCl£. T'r!'E "J" (50) E/01 J
430-17$-115 HOPE P!P~ 15" 01AMEIDI LF. 75
44l-70-4 EXfll.TRATIOH OAAN (24') (\NCI.UOES 8'UAST ROCI<. TRO<CH ANO PUST1C nt.1!1! FABRIC) LF. 200
522-1 CClNC1l£l£ SJ!l£WAUC (4" THIC1<) S.Y. 15
570-1-2 S000HG S.Y. 150
705-J RETRO-RmrCTM PAVEMDIT MAJO<lRS (Rl'llsl E/01 24
711-15-201 TliERM0PlASTIC. srAHOARO, lEJ.OW, SOUO, s· LF. 150
711-11-121 MRMOPIASTIC, STANllARO. WHlTE, SOUll. 6° LF. 150
Pt,Y [EM NQIES
IJClUOES TH£ COST Of fURNlSHINC. INSTAWNC ANO REMOVING AU. ntWS Of II.AIHlEHA.NCt Of 1'W'flC NOT PAIO FOR UNDER SEPARATE ITEMS IN!:LUOIHG B:IT ~'OT UMITtD TO SIGNS,
BARRICAOES. FlASHING UClf!S. TEMPORAl!'I PAVEMDIT MARKING, TJWl'\C SICNAI. MOOlncAl\ON FOR TRAmC CONTll()L. (TC.
-"" -~~!~~!~~ ----City or South Ml.iml SUMMARY OF QUANTITIES --------f;N 63RD AVENUE IMPROVEMENTS Pro,caNo, ---------<RCl~•-n:)11 lr..UAMS-OAOECOJNT'f. FlORCA 215613147 -----·~-----... c-.. ___ .,._ ... ,1_» __ .,. ....... .... -;;;;;.;--
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SW 63RO AVENUE IMPROVEMENTS
t.lW.U-OAOE COUNTY, ROROA
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SW 63RD AVENUE IMPROVEMENTS ""' C-Caaln,-llt)o MlAMI-OACECOUtrr.Y. F\.ORIDA
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SW 63RD AVENUE IMPROVEMENTS
MIAAQ.OADE COl.:NTY, FLORIDA
20 30 40
RAINAGE STRUCTURES
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104 of 197
EXHIBIT B
PROPOSAL; MAGGOLC, INC.
105 of 157
Tltl CITY or Pl r A SANT UV"l•
CITY OF SOUTH MIAMI
INVITATION TO BID (1TB) No. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
City of South Miami Commission
Mayor Javier Fernandez
Commissioner Lisa Bonich
Commissioner Steve Calle
Commissioner Josh Liebman
Commissioner Brian Corey
City of South Miami City Hall
61 30 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: May 24, 2023
SUBMITTAL DUE DATE: June 21, 2023
SUBMITTAL DUE TIME: 10:00 AM
BID OPENING DATE: June 21, 2023
BID OPENING TIME: I 0:30 A.M.
I CJ6aff71$ 7
1111(IT\'Of'l'lf,\SAl\111\1'-l,
PUBLIC NOTICE
INVITATION TO BID (1TB) No. PW2023-I0
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
NOTICE IS HEREBY GIVEN that the City of South Miami ("City") is soliciting bids for the DRAINAGE
IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET. Interested
companies, firms, and individuals ("Bidders") may obtain a copy of Invitation to Bid No. PW2023-1 0
(the "ITB") to be issued on May 24, 2023, at the City of South Miami 6130 Sunset Drive, South Miami,
FL 33143, on the City's website at www.sou thmiamifl.gov, or via DemandStar at
https://network.demandstar.com/. The 1TB 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 1TB 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 1TB once posted to the website. The bid
submission shall be submitted electronically via DemandStar and marked "Bid to City of South Miami, 1TB
No. PW2023-I0 for the "the DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN
69TH & 70TH STREET." Bids must be received by the City by no later than June 21, 2023 at I 0:00
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 I 0:30 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 SA-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 between 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 questions on the Cone of Silence.
I <Pl aff7f1i 7
Date Issued: May 24, 2023
TABLE OF CONTENTS
Section Pa ge
Section I: Information for Bidders 4
Section 2: Terms and Conditions 11
Section 3. Scope of Work 17
Section 4: Bid Submission Requirements and Evaluation & 19
Forms and Attachments
Section 4: Bid Form/ Schedule of Values -Form 7 36
Section 4: References -Form 8 38
Section 4: Bid Guaranty/Bid Bond Form 9 41
Section 4: Performance & Payment Bond, Form I 0 42
I ClBtdf71$ 7
SECTION I.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the "City") is soliciting bids for the DRAINAGE IMPROVEMENTS
AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET (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 1TB shall provide the services, design, labor, materials,
equipment, and all incidentals necessary, as further defined in Section 3 of this 1TB (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 1TB for the Work described in this 1TB.
1.2. SCHEDULE OF EVENTS.
The following schedule is anticipated for this 1TB process, but is subject to change by the City, in its sole
discretion, at any time during the 1TB procurement process.
No. Event Date* Time*
(EST)
I Advertisement/ Distribution of 1TB May 24, 2023 11:00AM
Non-Mandatory / Mandatory Pre-Bid Conference
2 and Site Visit NONE
61 30 Sunset Drive SCHEDULED
South Miami, FL 33143
3 Deadline to Submit Questions / Requests for June 9, 2023 10:00 AM Clarification
4 City Issues Addenda and Responds to Questions June 14, 2023 10:00 AM
5 Deadline to Submit Sealed Bids -Submission June 21, 2023 10:00AM Deadline
E-BID OP ENING VIA VIDEO CONFERENCING
VIA THE Z OOM PLATFORM at
6 https://zoom .us/j/3056636339 ,or listen to the meeting on June 21, 2023 10:30 AM
a dedicated phone line by dialing+ 1-786-635-1003 Meeting
ID: 3056636339.
7 City Manager issues recommendation to City Commission July 18, 2023 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission July 18, 2023 7:00 PM Meeting
I 00 aff7f.!i 7
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 I 0:00 a.m. E.S.T. on June 21,
2023 (the "Submission Deadline"). Sealed bids will be publicly opened through video conferencing using
the Z oom 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 1TB 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 1TB. 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 9, 2023 at I 0:00 a.m.
All such interpretations or clarifications will be made in writing in the form of an Addendum to this 1TB
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
1TB 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, 1TB No. PW2023-I0, the "DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET," and addressed to:
Steven P. Kulick
City of South Miami Chief Procurement Officer
61 30 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
I l!Dcdf7f.!i 7
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 1TB 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 I 0:30
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 (I) 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 (I) 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 1TB. The emphasis should be on
accuracy, clarity, comprehensiveness and ease of identifying pertinent information and suitability of the
Work. Bids MUST include the following:
I. 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 I.
Form 2A.
Form 2B.
Form 3.
Form 4.
Form 5.
Form 6.
Form 7.
Form 8.
Form 9.
Form 10.
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 Guaranty/Bid Bond
Performance & Payment Bond
1161 cdf71$7
I • 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.
I. 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 1TB.
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 1TB.
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 1TB
(the "Responsible Bidder"). In evaluating responsibility, the City may also consider previous contracts with
I 17lcdf71$ 7
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 1TB.
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 1TB. If the successful bidder to whom the contract
is awarded forfeits the award by failing to meet the conditions of this 1TB, 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 1TB, 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 1TB 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 1TB, whether amended or not, and selection or rejection of Bid does not affect
this right.
1.10. CODE OF ETHICS PROVISIONS.
1.10. I. Cone of Silence.
The provisions of City's Cone of Silence are applicable to this 1TB. The City's Cone of Silence provisions
can be found under Section SA-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@southmiam ifl.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
I l!laff71$7
(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. § 286.0 I 13;
(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 (I) ordinance, resolution, action
or decision of the City Commission; (2) any action, decision, recommendation of the City
I 191aff71$ 7
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-S(c)(9), of the City Code of Ordinances and completing Attachment B to this 1TB. 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 SA-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@southmiam ifl.gov
END OF SECTION I
116 of 797
SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the DRAINAGE IMPROVEMENTS AT SW 63
AVENUE BETWEEN 69TH & 70TH STREET 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 1TB 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 1TB 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 1TB 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 1TB 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 1TB, 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 1TB, 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
I Id. of 797
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. I. 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 AM. 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 1TB 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 1TB.
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.
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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 the
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 I 00 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 I 00 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
118 of 197
Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be
returned after the Contract is awarded and executed.
Bid Bonds shall be submitted via the Demand Star E-Bid System or 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@southmiam ifl.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 1TB.
2.1 I. ASSIGNMENT.
The Contractor shall not transfer or assign the performance of the Work required by this 1TB and the
Agreement without the City's prior written consent. Any award issued pursuant to this 1TB 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 1TB 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.
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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,
error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees,
in the performance of the Work pursuant to this 1TB 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. I 33(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 public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity 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 1TB are public records subject to public disclosure in accordance with Chapter I 19,
Florida Statutes. If there is any apparent conflict between Florida's Public Records Law and this 1TB, Florida
Law will govern and prevail.
All Bids submitted in response to this 1TB 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 I 19.0701(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:
Mailing address:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
118 of 797
Telephone number: 305-663-6340
Email: N Payne@southmiamifl.gov
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
IU. of 797
SECTION 3.
SCOPE OF WORK. SPECIFICATIONS. AND REQUIREMENTS
3.1. GENERAL REQUIREMENTS.
The Work specified in this Invitation to Bid (1TB) 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 1TB (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 to Improve the drainage on SW 63 Avenue
between SW 69 Street and SW 70 Street. The drainage improvements entails installation of inlet,
stabilization, limerock base, manholes, exfiltration trench and pipes associated with the new drainage
system as well milling and re-surfacing, RPMs and thermoplastic based on the 5-year I-hour storm event
design requirements. All work must be completed within ninety (90) 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.
111 of 197
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).
3.3. SITE LOCATION.
The Project will be held at: SW 63 Avenue between SW 69 Street and SW 10 Street, South Miami,
Fl 33/43.
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 March 2023.
3.5. PROIECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
ninety (90) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from
the City's Project Manager.
3.6. WARRANTY.
Bidder shall provide and make the warranties and representations set forth under Section 7 of the sample
contract for construction attached hereto as Attachment A.
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
118 of 797
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) ✓
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 ✓
Form I 0. Performance & Payment 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
"DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET"
Prepared by Stantec dated March, 2023
119 of 797
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services speclOed In the Invitation to Bid, 1TB No.
PW2023-10. 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
___ Addendum 6
___ Addendum 7
___ Addendum 3
___ Addendum 4
___ Addendum 5
___ 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 5 .
Form 6.
Form 7.
Form 8.
Form 9.
Form 10.
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
Performance & Payment Bond
20 of 79
125 of 157
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
SI
MAILINGADDREss 1 ;-t1~a cfi,w do.~ ,lli~-Fl 3 3/§.J
~0 --z_ ~ ( -z_. 9 4-CJ
TELEPHONE NUMBER
State of Florida u, \ _ ~
County of Ct tA,..AA
, Stamp, or Type as
j Personally known to me: or
_ __,_Produced identification (Type of Identification:, _____________ -'
__ V,:;..._Did take an oath; or
___ Did not take an oath
21 of 79
126 of 157
1
_...-,-;,,, •ci(.\ AO8EATO CASANOVA I (f 7:) Notary Public • Statt of Flonda 1
1 •,•~ .. .,_. Comm1111on • HH 276•2•
'0 '"' /1.y Comm . £,pores Jul 18, 2026
Bonded through Na11ona1 Notary Ann . 1
FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE _.f-/-'--_ titl.
STATE OF -=--'-J __ (J~_ V_' )
COUNTYOF~'(li,--u-~SS
CERTIFJ that a meeting
ale--rt'Jc.
of the Board of Directors
a corporation or com any existing under the laws of the State of ___ ......,::;__ ______ _,
held on , fu l-<. e -z-/ , 2023, the fo!!_owi91: resolution was duly passed and adopted:
of
.-Ma r,q ~ ~e...""2/'
RESOLVED, that, as f ~ .;-r ~the Corporation/Company, be and is hereby authorized
to execute the Bid dated,.µ., &(e. Z-/ , 2023 to the City of South Miami for 1TB No. 2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET, 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
corporation/company on this the -Z-/ of f vt u.t. , 2023.
Secretary
(SEAL)
22 of 79
127ofl57
(if Partnership)
CERTIFICATE
STATE OF <:;::l (/ Y7' ct_
COUNTY OF
FORM 28
BIDDER'S CERTIFICATION
)
) ss
)
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 1TB No. PW2023-I0 DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70™ STREET 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 79
128 of 157
FORMJ
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED ANO 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 T21TY OF S~UTH MIAMI AND ARE SJATEMENTS MADE:
By: t.J.Lf-of Y-1 V ~ -z,,J e.. L-----
For (N
1
ame of Proposing or Bidding Entity): ;.../ CL q_,,. ffed Ce; r .,,J e .
Whose business address is: f J--0~0 c?::W 80 fit }))·a«M-PL ] }/ jJ
And (if applicable) its Federal Employer Identification Number (FEIN) is: W -.3 3 4-> 7 ~ J
(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 IO 1-336, I 04 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Tide 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
553.501-553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Aet, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
Af6-
Bidder Initials
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129ofl57
Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287.133( I )(g), Florida Suwtes, 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 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( l)(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 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.)
~either 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 79
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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 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.
f-16:
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 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.
µ&-
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;
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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, ,1genu, reprP.'.11?nt..1tr,e-..
employees, or parties In Interest. Including Afflant, has In any way colluded, conspired. cr.>nnr1P.,j, or
agreed, directly or Indirectly with any other Bidder/Bidder, Orm, or person to submit a collu-.r,e or
sham Bid/Bid, or has in any manner, directly or Indirectly, sought by agreement or collu~itJn or
communication or conference with any other Bidder/Bidder, Orm, or person to fix the price or price:;
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 througt, any
collusion. conspiracy, connivance or unlawful agreement any advantage against the City or any person
interested in the proposed Contract.
/v{G-
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., iffederal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder Initials
Drui-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
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assistance programs, and the penalties that may be Imposed upon employees for drug abu~e
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.)
~e 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.
,l1 G-
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.
µG
Bidder Initials
Acknowledement. Warranty, and Acceptance
I. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules
and regulations.
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133ofl57
2. Contractor warrants that It has read, understands, and Is willing to comply with all requlrem'!nU of
1TB No. PW20ll-10 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract Its responsibilities under an agreem'!nt
without the prior written pennlsslon 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.]
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In the presence of:
,/ Personally known to me; or
--,LProduced identification (Type of Identification:
~Did take an oath; or
Did not take an oath ir..7: . ..::--,~.-~· .... ~~~~~-------~ ---/0~,;,. "1;-.._ ROBERTO CASANOVA
I :<l"•• \ 'r· N t p t \':IC~ .,~j O ary ubhc · Swe ol Florida
I '-?t.'iff:Jl-' Commission ii HH 276424 I
1 •· ....... • My Comm. Expires Jul 18 2o2 6 t
Bonded throuvh Na11ona1 Nora,;. Assn .
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FORM ◄
DISPUTE DISCLOSURE
Answer the followlng questions by placlng an")(" after "Yet" or "No". If you an,wer "Yet",
please explain In the space provided, or on a separate sheet atuched to thl, form.
I. Has your Orm or any of Its officers. received a reprlm:md of any nature or been sus~n'1'!'1 t.r1 th"!
Department of Professional Regulations or any other regul.1tory agency or professional anoci.1t1on1 w,th ,n
the last five (S) years! ✓ YES ____ NO ___ _
1. Has your firm, or .lny member of your Orm, been declared In default. terminated or removed from a
contract or job related to the services your Orm provides In the regular course of business with in the Jut
five (5) years! ✓ YES ____ NO ___ _
3. Has your firm had against It or filed any requests for equitable adjustment. contnct claims. Bid protesu.
or litigation in the past five (5) years that is related to the services your firm provides In the regular course
of business! / Y~ _____ 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 or
extended contnct time involved.
Nota (Print. Stamp, or Type as
Commissioned) J Personally known to me; or
~ Produced identification (Type of Identification : ____________ _,
_-;:r ___ Did take an oath; or
___ Did not take an oath
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A08EATO (olS.lNOY,l
Notary Pubhc • Statt of flondJ
Comm1n,on t HH 176'1'
or r-My Comm. E1p11e1 Jul 18 . lOlo
Bonded th rou,h Ha11onal Noury a11n .
FORMS
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification Is required by the regulations Implementing Executive Order I 2S ◄9. Debarment ,md
Suspension, 13 CFR Part I ◄S. The regulations were published as Part VII of the May 26. 1988 Fed'!ral
Register (pages 19160-19211 ). 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 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.
Date: _(e......._,__/ ~_/ ,__/_z.-_J_ r I ignatu e Authorized Representative
~ N~~nd ~ ~~ ep:!::;:;,.~' u
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l37ofl57
FORM6
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 (5) pages. Some information may not be applicable; in such ;n,ta;r;: ;nm;;_i, r ,,_re-.
FinnName ~
I J--(J f o 80 I J_ -/VLt t?-..........
Principal Business Address
]= i ~ -~ ~ l --z_q 4-9 -
Telephone Number / )
~a. cf:f-OLC @ La.. (A{1a.
Facsimile Number
c...,__a-,.,,.__,
Email Address
Federal 1.0. No. or Social Security Number
S-~ s 4--o (; +
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! LJ
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 :
Po s-ooooBS"}S'~
Document Number
(pl I 4-/ -z_oos
1 Date Filed
Please identify the Firm's category with the Florida Department of Business Professional Regulation rtt::-:r:yuc;;:::r;;)/tr~R: (! u c / 1-1-<(-SI~ / 0/2--s-(-.r-o I 0
Category License No. Date Uce
1
nsed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership ~Corporation □ LLC □ LLP □ Other _______ "M __ _
Please identify the Firm's primary business: 6 <'.A· 0 ~ fi v--r ,' '-1. <-~ T!;b e-f-crf"
33 of 79
138 of 157
Please Identify the numbl'r of con1ln11011s years your f It m hH prrformrtl II\ primary hu~in,.~~
Please list all professlon:il licenses :ind cen!Oc,1tlons hrld by 1hr. firm, IU O11ahf1f'?r/Prlnr.1pal, antf ant 'tl!'f
Staff, lncludlng any active certifications of small, minority, or dludv:mugr.d b1J\inl'?\, rntl'?rpri~'?. :in,f (hi!
name of the cnti that Issued the license or certl0c:itlon : ----·-----· --------··
llcense/CcrtlOcation Name of Entity Issuing License No. Licr.nsr. luu:inr:'! O:Hr.
T e or Certifi tlon
Please identify the name, license number, and Issuance date of ,my prior companies that pertain to your
Finn:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type / License or Certification
/V/k
{
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
si in authori .
Authorized Signor's Name Title Signing Authority Threshold
ount, No Cost, Other
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades em lo ees b trade e. ., 20 electricians, 5 laborers, etc. :
Total No. of Em lo ees '"Z-
Total No. of Managerial/Administrative
Em lo ees
Total No. of Trad es Em lo ees b Trade
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company: ~ v,-J n..,,._ ~ce 'Ilt.c.. -;:Je s .s r ca. /.-1 dYa.,_
Insurance arrier Name Insurance Carrier Contact Person
ll 4-01 ~u.J 4-0 £t. # WS ,,l£-~ Fl J. 31 G> .,S--J~~b{t-<<pvru.i,'H~
Insurance Carrier Address Telephone No. ':=r S ~ -4 ~ 4--Y ,!F /t) Email ~4,
Has the Firm filed any insurance claims in the last five (5)1ears1 □ No ~s If yes, please identi(y the ~, {.· J...
type of claim and the amount paid out under the claim: ~Cl ~ c;.e t'"o W n7"lA a "'-< ~ ..--k--e& ~ 7 ' t ' T
"Trc...t c f< -Vr; v"-1' A c.c i ~ •
FIRM OWNERSHIP
Plea ers, their ti d ercent o
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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 Entitv Name Ownership (%)
A) /ff
t
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your firm has provided services to other public
entities:
Public Entitv I Contact Person , T elechone N(j, Email Address Date Awarded
r se-p ,..t_,• c:.+ .H--TTD-Ir l .. A-.\
'-./
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder's knowledge.
Date:
Print or Type Name: ./--=-+-'.L...Jl......!.-=-.......L.L....LL_O"""l.\:..__.!..-uj__ <.... 2-:ntle:
3S of 79
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FORM7
BID FORM/SCHEDULE OF VALUES
1TB No. PW202J-10
Bid prices stated In this Form shall Include all costs and expenses for labor, equipment. matr.ri::il~.
contractor's overhead, profit. bond and Insurance, and general conditions. Payment for this project v,1II
be based upon completion of the entire project as a Lump Sum contract.
ITEM PAY DESCRIPTION UN QTY UNIT PRICE AMOUNT ITEM
ROADWAY PAY ITEMS
110-1-1 Cle.ar and Grubbing gr) I f,tJ(l{J.
(7i!}
I
$/ 1-, (JtJCJ I LS. I $
Prevention, Control and 0'71 I, (J7f'O I
(7rJ
2 104-10-3 Abatement of Erosion and LS. I s /, tJr10, Water Pollution $
110-1 S-2 Existing Tree Protection /:FOr ot, /50, oa
3 and Preservation LS. I $ $
160-4 Type "B" Stabilization (TO -:3, I oo, en)
4 ( 12") (Min. LB.R. of 40) /0, S.Y. 310 $ $
28S-706 Limerock Base (8") cro 9, 30-0. or> s (Primed) 30, S.Y. 310 $ $
327-70-1 Milling Existing Asphalt I(), en, ~ 2-s-a. <:ro
6 Pavement. I" Avg. Depth S.Y. 525 $ $
337-7-82 Asphalt Concrete Friction (70 era 7 Course Traffic C, SP-9.S 7-2-0, 6,330, (I" Thick) (Resurfacing)
TON 29 $ $
42S-I S2 I Inlet. Type C (24"x37") -
$ 1-, ~ Cf(), or; I 3, s-oa. ~
8 Ditch Bottom EACH 3 $ '
425-1-201 Inlet. Type "C", 30 4, 300,CJ{ / 2-, °!O {J, ut.. 9 EACH 3
$ $
42S-2-7 I Manhole, Type "j", S0 -=;-aoo uc Z-/ CfOQ r
OIi:
10 EACH 3
$ I , $ I
430-175-HDPE Pipe, IS" °I ,;-, C/l ::,-,1?5, ao
II I IS LF. 7S
$ $
443-70-4 Exfiltration Trench, 24" cm dT:J
12 LF. 200 /{p(), 32-,000,
$ $
S22-I Sidewalk Reconstruction ~O?J, CX) 3, aao, 00
13 (4") S.Y. IS
$ $
Sodding (Pensacola Bahia oO cO
14 S70-l-2 or Match Existing) S.Y. ISO 2-a t ~, ooo. (Includes Watering and
Maintenance) $ $
Retro-Reflective o'O 48d, err)
IS 706-3 Pavement Markers EACH 2 ◄ ;za. (RPMs) $ $
711-11-Thermoplastic (yellow) '3. 00 4s-o. clC)
16 LF. ISO 221 (solid) (6") $ $
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i---··· -·-1 . ·--·· --·--~ ·--
17 711 -11-Thcrmopl~~tlc (white) 4 ']~ I
'/7:.;
121 l.F . ISO :!;)
(solid) (6") $ • '
SUBTOTAL ROADWAY ITEMS ; i r' r,r ,/3 Jlj ),
PAY ' ITEM ITEM DESCRIPTION UN QTY UNIT PRICE AMOUNT
I
MISCELLANEOUS ITEMS
cfC /0 ooo. ao 18 101-1 MO Bl LIZA TION( I 0%) L.S. I 10,cJ<JO,
$ $ I
MAINTENANCE OF G, OOC> .a: 6, ooc, ~
19 102-1 TRAFFIC L.S. I $ $
TRAFFIC CONTROL (70 GOO. oe
20 102-1 ◄ OFFICER H .R. 120 5, $ $
PERM-PERMIT ~ (00.
..., ....
21 L.S . I I oo, ALLOW ALLOWANCE(S%) $ $
22 CONT CONTINGENCY( 10%) L.S . I $/'J,r-0!.-); $13,? (} 9, ~
SUBTOTAL MISCELLANEOUS ITEMS $301405. so
TOTAL $tro 0 49J.~
SUBMITTED THIS DAY OF -----
PROPOSAL SUBMITTED BY :
k{u~§:olc-~c
Ccimpany /J
ario ~~~'?.,./
Telephone Number
Title
37 of 79
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FORMS
REFERENCE LIST
IN ADDITI ON TO T HE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVI DE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
Town of Cutler Bay Public Entity Name: _________________________ _
Reference Contact Person/Title/Department: _A_lfr_e_d_o_Q_u_in_t_er_o_,_E_II_D_ir_e_ct_o_r_o_f_P_u_b_li_c_W_o_r_ks __
Contact Number & Email 305-234-4262 aquintero@cutlerbay-fl.gov ---------=-----=---------'--=------------
Public Entity Size/Number of Residents/Square Mileage:_R_e_s_id_e_n_t_s:_4_5~,4_2_5 _________ _
Square Miles: I 0.29
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) Saga Bay 1.7 Sub-Basin Water Quality Improvement Project
Started: 4/25/2022, Completion: 9/30/2022. Contract Value: $860,257.42, Scope: New Drainage
Installation, Roadway Restoration, Milling existing asphalt, resurfacing, striping and sod restoration.
Concrete works, etc.
Is the Contract still Active? Yes ___ No __ X __
llSGffll'671
REFERENCE #2
Public Entity Name: City of South Miami
Reference Contact Person/Title/Department: Aurelio Carmenates, PE. Capital Imp. Program Project Manager
Pubic Works and Engineering Division
Contact Number & Email 305-403-2072 acarmenates@southmiamifl.gov ---------------------------
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) Drainage Improvement SW 81 ST East of SW 62 Ave
Start 2/24/2023, Completion 03/3 I /2023. Scope: Installed new drainage system, roadway restoration,
milling and asphalt resurfacing. Concrete works, Swale and sod
restoration, striping
Contract value: $98,202.72
Is the Contract still Active! Yes ___ No __ X __ _
14mcdfll4i'7
REFERENCE #3
Public Entity Name: City of West Miami
Reference Contact Person/Title/Department: Juan Pena, Director of Public Work Department
Contact Number & Email 305-266-4214 juanpena@citywestmiami.org -------~~-~~~----~~--------
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) Citywide Drainage Improvements, Started: 2/05/2023, Size of the
Project: $368,120.00, Scope: Installation of new Drainage Systems, Roadway restoration, Concrete
works, Milling and resurfacing, swale restoration, sodding, striping
Is the Contract still Active? Yes X No ___ _
14115 aft' I 1'671
L
FORM9
BID GUARANTY/BID BOND
1TB #PW2023-10
KNOW ALL MEN BY THESE PRESENTS, that we, ..1M.I.1.SaaK1NK.i..Qu.ilc ..... ..uln.ll,c"-, _________ _
as Principal and Bidder, and Berkley Insurance Company
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: $,..IE:.1iY:t.1e .... P1:.Je.ar:i.:ceiao.1.1t..1.ou.f..L.Al.lm.L10!.!Juwo.1.1t..1Bui.1,1.d _________ _
___ (Written Dollar Amount) dollars ($~*5%*** ) 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: Drainage Improvements at SW 63 Ave between 69
& 70 St
Principal herein, has
In the presence of:
Witness #2 Print Name: Genesis Ferrian
◄2 of 1 ◄7
146 of 157
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
No. Bl-10071c-el
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the ''Company"), a corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Roy V. Fabry or Michael A. Bonet of RSC Insurance
Brokerage, Inc. of Miami, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to
execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,
providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent
as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office
in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 20 I 0:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted; and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to_J,e signed and attested by its appropriate officers and its
corporate seal hereunto affixed this 2IDb day of_..,.........,.LJ-:,.......=---~~-
,,,,--;;;;;;----~ Attest: ~' ,-,~'>\_C(c
I ~ ..p•Po~, 0\
~
-SF.AL ! By_-----,~---------
rs> m, , Ira"S. derman
,. Oru.wr,..¢,, Executive Vice President & Secretary ..... ___ _
STATE OF CONNECTICUT)
) ss:
COUNTYOFFAIR.FIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this 20th day of_+-==~-~
and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President
respectively, of Berkley Insurance Company. MA~gr~:V~:ti~
CONNECTICUT
MY COMMISSION EXPIRES
N'HIL 30, 2CZ4
CERTIFICATE
2021 , by Ira S. Lederman
Senior Vice President,
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMP ANY, DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded
~..that-authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
A \lAAfV ched, is in full force and effect as of this date. f1JJJ5 ( { t.'.}t, do,mybandand,ealoftheComp,ny,thl, 20th d,yof ~ 2023 .
~ 191 1
, _ ~
· Oru.w,,.,t,. Vincent P. Forte
147ofl57
Please verify the authenticity of the instrument attached to this power
by:
Toll-Free Telephone: {866) 768-3534; or
Electronic Mail: BSGlnquiry@berkleysurety.com
Any written notices, inquiries, claims or demands to the Surety on the bond
attached to this power should be directed to:
Berkley Surety Group
412 Mount Kemble Ave.
Suite 310N
Morristown, NJ 07960
Attention: Surety Claims Department
Or
Email: BSGClaim@berkleysurety.com
Please include with all communications the bond number and the name of the
principal on the bond. Where a claim is being asserted, please set forth generally
the basis of the claim. In the case of a payment or performance bond please also
identify the project to which the bond pertains.
Berkley Surety Group is an operating unit of W. R. Berkley Corporation that
underwrites surety business on behalf of Berkley Insurance Company and Berkley
Regional Insurance Company
148 of 157
LC ,.--..........
ENGINEERING CONTRACTOR -LIC: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
maggolc@yahoo.com
CONTRACTS PERFORMED as Prime Contractor BY MAGGOLC INC.
102-Drainage Improvement SW 81 ST east of SW 62 Ave ($98,202) (City of South Miami, Completed
03/31/2023) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
101-Drainage Improvements Multiple Sites ($775,357) (Miami Dade County, Completed 08/17/2022) (Licet 305-
375-2648) (lzquierdo@miamidade.gov)
100-Sidewalk Improvements-Multiple Sites ($757,877) (Miami Dade County, Completed 07/26/2022) (Delfina
Tirado 305-373-3635) (Delfina.tirado@miamidade.gov)
99-Saga Bay 1.7 Sub-Basin Water Quality Improvement Project ($860,397) (Town of Cutler Bay, Completed
09/30/2022) (Alfredo Quintero 305-234-4262) (aquintero@cutlerbay-fl.gov)
98-Stormwater Improvements Sub-Basin H-8 Phase II ($1,428,673) (City of Doral, Completed 03/10/2022)
(Julio Amoedo 305-593-6740 X6018) (julio.amoedo@cityofdoral.com)
97-Potable Water Main Improvements Phase I ($1,400,000) (City of West Miami, Completed 2/28/2022) (Juan
Pena 305-266-4214) uuanpena@cityofwestmiami.org)
96-Drainage Improvements The Landing NW 75 Ave ($533,165) (Miami-Dade County, Completed 08/22/2021)
(Juan V Gonzalez 305-608-9702) (juangonzalez2@miamidade.gov)
95-MURT Trail Improvements Plantation Road ($489,272) (City of Plantation, Completed 06/08/2021) (Randy L.
Daniel 954-214-6728)
94-SW 62 Avenue Pedestrian & Bicyclist Enhancement Project ($341,459) (LAP/ City of South Miami,
Completed 09/30/2021) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
93-Stormwater Improvements Sub-Basin A-2 ($174,631) (City of Doral, Completed 3/15/2021) (Stephanie Bortz
305-593 6740 Ext.6024) (stephanie.bortz@cityofdoral.com)
92-SW 20 ST from SW 14 Ave to SW 17 Ave. Roadway Improvements ($322,729) (City of Miami, Completed
12/20/2020) (Javier Romero 786-975-3011) (jromero@miamigov.com)
91-Drainage Improvements SW 12 ST and SW 57 Ave and SW 13 ST and 65 Ave. ($178,567.00) (City of West
Miami, Completed 10/30/2020) (Juan Pena 305-266-4214) uuanpena@cityofwestmiami.org)
90-Roadway Improvements Project NW 38 ST & NW 64 Ave ($738,894) (Village of Virginia Gardens,
Completed 08/31/2020) (J.W. "Butch" Martin 305-871-6104) (bmartin@virginiagardens-fl.gov)
89-T-6456 -SR 934/ NE 82 ST from NE 4 PL to Biscayne Blvd Intersection Improvements ($277,873.35)
(FOOT-District 6, Completed 08/05/2020) (Adajah F. Codio 305-968-4921) (adajah.codio@dot.state.fl.us)
88-SW 23 ST from SW 14 Ave to SW 3 Ave Roadway Improvements ($156,270.36) (City of Miami, Completed
7/30/2020) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com)
87-Stormwater Improvements: Sub-Basin A-4/ NW 84 ave ($798,280.00) (City of Doral, Completed
07/25/2020) (Stephanie Bortz 305-593 6740 Ext.6024) (stephanie.bortz@cityofdoral.com)
86-SW 64 CT Roadway, Drainage and Water Main Improvements ($342,048.06) (City of Miami, Completed
April 2020) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com)
85-SR 826Narious Ramps@ NW 119 ST and 1-75 -Contract E6L72 ($329,600.04) (FOOT District 6, Completed
March 2020) (Jean J Boursiquot 305-986 9920) (jean.boursiquot@dot.state.fl.us)
84-NW 21 ST Stormwater Improvements ($168,769.10) (City of Doral, Completed 01/25/2020) (Stephanie Bortz
305-593 6740 Ext.6024) (stephanie.bortz@cityofdoral.com)
83-Hilola Street Roadway Improvements ($215,300.19) (City of Miami, Completed 12/15/2019) (Javier Romero
305-416-2074) (jromero@miamigov.com)
82-CRA-NW 1st ST-NW 2 ST Roadway Improvements ($1,609,720.61) (City of Florida City, CRA, Completed
May 2019) (Rick Stauts 305-772-1157 I 305-24 7-8221) (richard.stauts@floridacityfl.gov )
81-Drainage Improvements on SW 59 Ave. between SW 74 ST & SW 80 ST ($330,118.10) (City of South
Miami, Public Works Department, Completed May 2019) (Aurelio Carmenates 305-403-2072)
(acarmenates@southmiamifl.gov)
80-Traffic Circle Project for NE 4th Ave & NE 127th ST ($185,539) (City of North Miami, Public Works
Departmrnt, Completed April 2019) (Akin Ozaydin 954-736-6983) (dozaydin@northmiamifl.gov)
79-Vanderbilt Traffic Calming Improvements ($293,492) (City of Doral, Public Works Department, Completed
December 2018) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com)
78-Bird Avenue Improvements from US-1 to Mary ST ($1,468,493) (City of Miami, Capital Improvements
Department, Completed November 2018) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com )
149of157
77-Doral Trolley Infrastructure Improvements ($412,115) (City of Doral, Public Works Department, Completed
November 2018) (Carlos Arroyo 305-593-67 40 Ext.6009) ( carlos.arroyo@cityofdoral.com)
76-Sub-Basin 59/60 Paving & Drainage lmprov. ($853,302) (Village of Palmetto Bay, Completed November
2018) (Danny Casals 305-969-5091) (dcasals@palmettobay-fl.gov)
75-Traffic Circle at the Intersection of SW 168 ST & SW 82 Ave. ($326,223) (Village of Palmetto Bay,
Completed September 2018) (Danny Casals 305-969-5091) ( dcasals@palmettobay-fl.gov )
74-Traffic Circle at SW 72 Ave and 98 ST ($107,143.00) (Village of Pinecrest, Public Works Dep., Completed
May, 2018) (Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fl.gov)
73-SW 27 ST Roadway Improvements ($377,488.42) (City of Miami, CIP, Completed March, 2018) (Orlando
Misas 305-416-1038) (omisas@miamiqov.com)
72-ADA Push Button Contract (Miami-Dade and Monroe County) ($618,600.00) (FOOT-District 6, Completed
February 2018) (Marina Gershanovich 305-978-0090) (marina.qershanovich@dot.state.fl.us )
71-Twin Lakes Traffic Circle (SW 63 Ave & SW 42 Terr) ($88,740.00) (City of South Miami, Completed January
2018) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
70-Westward Drive Concrete Bike Path Project ($1,158,670) (City of Miami Springs, Public Works Department,
Completed November 2017) (Tammy Romero 305-805-5035) (romerot@miamisprinqs-fl.gov)
69-Stormwater Improvements Project-SW 70/71 Ave. (380,215) (Village of Pinecrest, Completed September
2017) (Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fl.gov)
68-Subbasin H-8 Drainage Improvements ($968,585) (City of Doral, Public Works Department, Completed
August 2017) (Carlos Arroyo 305-593-67 40 Ext.6009) ( carlos.arroyo@cityofdoral.com)
67-32' Traffic Circle Project ($221,527) (City of North Miami, Completed April 2017) (Chuks Okereke 305-893-
6511 Ext.15002) (cokereke@northmiamifl.gov)
66-SW 74 Terr Roadway & Drainage Improvements Project ($139,882) (City of South Miami, Completed April
2017) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
65-Subbasin F-1 Drainage Improvements ($632,993) (City of Doral, Public Works Department, Completed
March 2017) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com)
64-Busway Pedestrian Access lmprov. -20150047 ($417,284) (Miami Dade County Transportation and Public
Works Department, Completed November 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
63-Busway Pedestrian Access lmprov. -20140140 ($266,345) (Miami Dade County Transportation and Public
Works Department, Completed August 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
62-Sidewalk Improvements Multiple Sites ($214,549) (Miami Dade County Transportation and Public Works
Department, Completed July 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
61-Metrorail Bike Path Improvements (M-Path) ($870,888) (Miami Dade Transit, Completed May 2016)
(George Maldonado 786-473-4369) (glm@miamidade.gov)
60-Drainage and Road Improvements Project Multiple Sites #20140177 ($755,761) (Public Works Miami-
Dade County, Completed May 2016) (Alfonso Duarte 305-409-8224) (aduarte@miamidade.gov)
59-Twin Lakes Drainage and Roadway Construction Area 1 & 2 ($345,975) (City of South Miami, Completed
April 2016) (Ricardo Ayala 305-403-2072) (rayala@southmiamifl.gov)
58-Drainage and Road Improvements Project Multiple Sites #20140165 ($383,287) (Public Works Miami-
Dade County, Completed November 2015) (Pedro Marsan 305-281-9062) (marsan@miamidade.gov)
57-Sub-Basin 10 (SW 88 Ave) Paving and Drainage Improvements ($922,633.25) (Village of Palmetto Bay,
Completed November 2015) (Danny Casals 305-969-5091) ( dcasals@palmettobay-fl.gov )
56-Drainage Improvements 13000 SW 60 Street ($112,080) (Village of Pinecrest, Completed October 2015)
(Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fl.gov)
55-Beacom Project Area Improvements-Phase II ($818,978.96) (City of Miami, Completed July 2015) (Robert
Fenton 786-263-2133) (rfenton@miamigov.com )
54-Lummus Park Landing ($222,612.91) (City of Miami, Completed May 2015) (David Adato 305-416 1899 /
786-376 4391) (dadato@miamigov.com)
53-NW 18 PL Road and Drainage Improvements ($473,087.20) (City of Miami, Completed March 2015) (Robert
Fenton 786-263-2133) (rfenton@miamigov.com )
52-Multiple Parks -ADA Improvements ($336,741.68) (Miami Dade Park & Recreation Department, Completed
January 2015) (Leopoldo Aybar 786-201-2422) (aybar@miamidade.gov)
51-Districtwide Minor Asphalt Repair. ($250,000) (FOOT, District 6, Completed December 2014) (John Garzia
305-640-7177) Oohn.garzia@dot.state.fl.us)
50-NW 11 ST from 27 Ave to 37 Ave. Area Roadway Improvements. ($188,874) (City of Miami, Completed
October 2014) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com)
49-Sunset Drive Downtown Median. (84,663) (City of South Miami, Completed October 2014) (Ricardo Ayala
305-403-2072) (rayala@southmiamifl.gov)
48-Beacom Project Area Improvements-Phase I ($767,132) (City of Miami, Completed March 2014) (Robert
Fenton 786-263-2133) (rfenton@miamiqov.com )
47-Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine
Onuigbo 786-447-9817) (vonuigbo@miamiqov.com)
150 of 157
46-Wild Lime Park Parking Expansion and Concrete Walkway. ($201,442) (Miami Dade Park & Recreation
Department, Completed January 2014) (Leroy Garcia 786-210-5937) (garcial@miamidade.gov)
45-Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Doral, Completed December 2013)
(Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com)
44-Doral Trolley Route 3 Infrastructure Improvements. ($114,210) (City of Doral, Completed November 2013)
(Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com)
43-Sidewalk Improvements along SR A1A/ Collins Ave@ SR 826/ NW 63 ST. ($205,521) (Florida Department
of Transportation, Completed October 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com )
42-SR 9 (NW 27 Ave), From NW 79 ST to NW 84 ST Roadway Improvements ($119,000) (Florida Department
of Transportation, Completed July 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com )
41-Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean
Compel 786-502-0770) (sean.compel@stantec.com )
40-NW 8th ST & NW 14 CT Roadway and Drainage Improvements ($425,895) (City of Miami, Completed May
2013) (Robert Fenton 786-263-2133) (rfenton@miamigov.com)
39-1-195/ Julia Tuttle from SR 5/ Biscayne Blvd to SR 907/ Alton Rd -Bike Path/ Trail ($121,520) (Florida
Department of Transportation, Completed March 2013) (Roland Rodriguez 305-345 0696)
(rrodriguez@pinnaclecei.com )
38-ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit,
Completed March 2013) (Javier Salmon 786-473 4710) (jsalmon@miamidade.gov )
37-Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January
2013) (Jorge Vera 305-403 2072) (jvera@southmiamifl.gov)
36-Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012)
(Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov)
35-Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012)
(Danny Casals 305-969 5091) (dcasals@palmettobay-fl.gov)
34-SR 94/SW 88 ST/ Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed
October 2012) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com)
33-FOOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed
July 2012) (Eric Gomez 305-553 5457) (egomez.egsc@att.net)
32-Long Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental
Protection, Completed July 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us)
31-SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed
February 2012) (Keith A. Ng 305-403 2072) (kng@southmiamifl.gov)
30-District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed
February 2012) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com)
29-Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection,
Completed February 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us)
28-Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public
Works Dep., Completed December 2011) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov)
27-SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of
Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696)
(rrodriguez@pinnaclecei.com )
26-SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements
Department, Completed October 2011) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com )
25-Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park &
Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786-586 8360) (rttolon@miamidade.gov)
24-District #4 Citywide ADA Sidewalk Improvements, ($149,397) (Public Works Dep. City of Miami, Completed
October 2011) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com)
23-MIA-NW 67 Ave & NW 36 Street Intersection Improvements ($65,000), (concrete works) (Aviation
Department Miami Dade County, Complete July 2011) (John Peterson 305-622 8000) (jpet@mikegconst.com)
22-MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami-
Dade County, Completed May 2011) (Greg Tai 305-876 8444) (gtai@mikegconst.com)
21-District #1 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed
May 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson@miamigov.com)
20-District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed
February 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson@miamigov.com )
19-lntersection Realignment SW 139 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion
($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305-969 5011)
(dcasals@palmettobay-fl.gov)
18-lnstallation of Sidewalks and Ramps along NE 12 Ave ($123,750.00) (Public Works Dep. City of North
Miami, Completed December 2010) (Gerardo Hernandez 305-893 6511) (ghernandez@northmiamifl.gov)
151 of 157
17-AD Barnes Park Asphalt Walkways ($86,615.00) (Miami-Dade Park and Recreation Dept., Completed
December 2010) (305-755 7985) (rttolon@miamidade.gov)
16-Golden Shore Park Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November
2010) (305-947 0606) (gbatista@sibfl.net)
15-District 1-Sidewalk Repair Project II ($95,990) (Public Works Dep. City of Miami, Completed September
2010) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com)
14-Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key
Biscayne April 2010) (786-255 6765) (anunez@keybiscayne.fl.gov )
13-Blue Road Roundabouts Re-Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March
2010) (305-460 5018) (epino@coralgables.com)
12-District 2-Sidewalk Repair Project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010)
(Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com)
11-West Little River Asphalt Driveways Phase IV-D. ($35,000) (Miami-Dade County Office of Community and
Economic Development, Completed December 2009). (Mario Berrios 786-469 2112) (mberr@miamidade.gov)
10-SR 907 (Alton Rd) at Allison Dr. for Drainage and Retention Improvements. ($134,000) (FOOT, Completed
December 2009) (Anthony Sabbag 305-256 6380) (anthony.sabbag@dot.state.fl.us)
9-Country Club of Miami, Grading, Sitework & Greens. ($107,000) (Miami-Dade Park and Recreation Dept.,
Completed August 2009). (305-596 4460) (Dan Crawford 305-596 4460) (dc93@miamidade.gov)
8-Country Club of Miami Parcel 1169 & 1168-E New Asphalt Walkways. ($178,000) (Miami-Dade Park and
Recreation Dept., Completed July 2009). (Dan Crawford 305-596 4460) (dc93@miamidade.gov)
?-Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009).
(305-622 8000) (jallen@miamigardens-fl.gov )
6-West Little River Asphalt Driveways Phase IV-B. ($68,000) (Miami-Dade County Office of Community and
Economic Development, Completed January 2009). (Mario Berrios 786-469 2112) (mberr@miamidade.gov )
5-West Perrine Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami-Dade Park and
Recreation Dept., Completed January 2009). (305-596 4460)
4-Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami-Dade County Public
Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9822) (jra@miamidade.gov)
3-Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department
of Transportation, Dist. Six, Executed the year 2008 and renewed for to year 2009 and 2010, Completed June
2011). (Janice Corn 305-256 6359) (Janice.corn@dot.state.fl.us)
2-Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami-Dade Park and Recreation
Dept., Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.gov)
1-Olympic Park Concrete Sidewalk Construction. ($184,000) (Miami-Dade Park and Recreation Dept.,
Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.gov)
152ofl57
Department of State I Division of Corporations / Search Records / Search by Entity Name /
Detai l by Entity Name
Florida Profit Corporation
MAGGOLC, INC.
Filing Informati on
Document Number
FEI/EIN Number
Date Filed
State
Status
P05000085356
20-3345775
06/14/2005
FL
ACTIVE
Last Event
Event Date Filed
Event Effective Date
PrlnciP-al Add ress
12060 SW 80 ST
MIAMI, FL 33183
NAME CHANGE AMENDMENT
10/13/2005
Changed: 01/31/2023
Malling Address
12060 SW 80 ST
MIAMI, FL 33183
Changed: 01/31/2023
NONE
~gistered Agent Name & Address
GONZALEZ, MARIO H
12060 SW 80 ST
MIAMI, FL 33183
Address Changed : 01/31/2023
Officer/Director Detail
Name & Address
Title D
153 of 157
DIVISION OF CORPORATIONS
GONZALEZ , MARIO H
12060 SW 80 ST
MIAMI, FL 33183
Annual Re ports
Report Yea r
2021
2022
2023
Filed Date
02/01/2021
02/05/2022
01/31/2023
Document Images
01/31/2023 --ANNUAL REPORT View image in PDF format -------------'
02/05/2022 --ANNUAL REPORT View image in PDF format -------------'
02/01/2021 --ANNUAL REPORT View image in PDF format
01/19/2020 --ANNUAL REPORT View image in PDF forma.!___j
02/10/2019 --ANNUAL REPORT ___ v _ie_w_im_ag_e_i_n_P_D_F_i_or_m_a_t _ __,I
01/15/2018--ANNUAL REPORT View image in PDF format I
02/11/2017--ANNUAL REPORT View image in PDF format I
01/23/2016 --ANNUAL REPORT View image in PDF format I
01/10/2015 --ANNUAL REPORT View image in PDF format I
01/12/2014--ANNUAL REPORT View image in PDF format _j
01/26/2013 --ANNUAL REPORT ___ V_ie_w_im_ag_e_i_n_P_D_F_t_or_m_a_t _ __,I
01/06/2012 --ANNUAL REPORT View image in PDF format I
01/07/2011 --ANNUAL REPORT
01/07/2010 --ANNUAL REPORT
01/17/2009 --ANNUAL REPORT
02/26/2008 --ANNUAL REPORT
06/12/2007 --ANNUAL REPORT
03/21/2006 --ANNUAL REPORT
10/13/2005 --Name Chang~
06/14/2005 --Domestic Profit
View image in PDF format _j
View image in PDF format
View image in PDF format
View image in PDF format -----------~
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
Flnrida C'ep;:utmenl f ~r~u ", )ivi 1,·n o; 1....or rat ,Jn!
154 of 157
Loca l Busin ess Ta x Receipt LBT Miami-Dade County, State of Florida
-THISIS NOT A BILL-00 NOT PAY
5684064
BUSINESS NAMf./1.0CA TION
MAGGOLC INC
11020 SW 55TH ST
MIAMI Fl 33165
OWNER
MAGGOlCINC
Worker(s)
RECEIPT NO .
RENEWAL
5928487
EXPIRES
SEPTEMBER 30, 2023
Must be displayed at place of business
Pursuant to County Code
Chapter BA-Art 9 & 10
SEC. TYPE Of BUSINESS
196°SPECIAL TY ENGINEERING CONTRACT :~~::~~~o
E251302 $75.00 08/11/2022
INT-22-386056
This Local Busi nets Tax Receipt only confinna payment of the Local Business Tax. The Receipt is nota licenn,
pennit,, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental
or nongovernmental regulatory laws and requirements which apply to the bu1ine11 .
The RECEIPT NO. above must be displayed on all commercial vehicles -Miami-Dade Code Sec Ba-276.
for more infonnation, via it www.mi1mjdad1.gov/laxc0Uacto,
155 of 157
Ron Desantis, Governor
STATE OF FLORIDA
. Giffin, Secretary d ~mtr MelameS. r u fli,
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTIONJ N-8l1~J"R~J;!q NSING BOARD = . -~ THE GENERAL CONl"AACTOR HEREl ~IS ~ERTIFIED UNDER THE
...: _-r:,
PROVISION'S OF CHAPTER 489-~Ft ORIQA STATUTES
I uc E111sE ~t,M~~~~,ic\531201 I
EXPIRATION DATE: AUGUST 31, 2024
Always verify licenses online at MyFloridalicense.com
Do not alter this document in any form.
This is your license. It is unlawful for anyone other than the licensee to use this document.
L5_6_Qf.J.!i.7.
Ron Desantis, Governor
STATE OF FLORIDA
. G "ffin, Secretary d ~kn r Melanie S. " u ~
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION IND,Q~TRY~J;ICENSING BOARD
THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPl;ER 489; FLORIDA STATUTES
MAGGOLC INC
20 SW 55TH ST
-Ml ~=y FL 3
I LICEN SE N~M~ER:_ ~UC1 i24888 I
EXPIRATION DATE: AUGUST 31, 2024
Always verify licenses online at MyFloridalicense.com
Do not alter this document in any form.
This is your license. It is unlawful for anyone other than the licensee to use this document.
157ofl57.
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:Tuesday, July 18, 2023
SUBJECT:Roadway & Drainage Improvements Construction at SW 63rd Ave from SW 69th
ST to SW 70th ST
RECOMMENDATION:Staff recommends approval of the roadway & drainage improvements at
SW 63rd Ave from SW 69th St. to SW 70th St.
BACKGROUND:The roadway segment of SW 63rd Avenue between SW 69th Street and SW
70th Street is experiencing localized flooding during rainstorm events due
to improper drainage in the area. To address the localized ponding, Stantec
Engineering designed and developed construction documents to provide
new drainage system inclusive of manholes, inlet and exfiltration trench,
grass swales, and limited roadway milling and resurfacing and restriping
within the project limits. Drainage Plans were submitted and approved by
RER/DERM.
PROCUREMENT
PROCESS:Through the Procurement Division, the City’s Public Works & Engineering
issued a solicitation on Tuesday, May 24, 2023,for Roadway and Drainage
Improvements at SW 63rd Avenue between SW 69th Street to SW 70th
Street.
On June 21, 2023,the City received a total of six (6) proposals in response
to a solicitation. Pursuant to review, it was determined that Maggolc, Inc.,
is the most cost effective and responsible bidder for this proposal. Below
are the top three proposals received:
VENDOR &EXPENSE:Maggolc, Inc.
Proposal/contract amount shall not exceed $163,563.50.
Contractor Bid Price
Maggolc Inc.,$163,563.50
SC Const $178,664.00
M&J Const $213,253.42
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FUNDING:The expenditure shall be charged $163,563.50 to the Storm Water Drain
Trust Fund account number 111-1730-541-6490 which has a balance of
$360,000 prior to this request.
ATTACHMENTS:Resolution
ITB PW2023-10 Construction Documents with Exhibits
Maggolc Inc., Bid Documents
Revised Bid Tabulation ITB PW2023-10
Proposal Summary ITB PW2023-10
Daily Business Review Advertisement
Sun Biz
3
CITY OF SOUTH MIAMI
INVITATION TO BID (ITB) No. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
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 24, 2023
SUBMITTAL DUE DATE: June 21, 2023
SUBMITTAL DUE TIME: 10:00 AM
BID OPENING DATE: June 21, 2023
BID OPENING TIME: 10:30 A.M.
1 of 79 7
PUBLIC NOTICE
INVITATION TO BID (ITB) No. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the DRAINAGE
IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET. Interested
companies, firms, and individuals (“Bidders”) may obtain a copy of Invitation to Bid No. PW2023-10
(the “ITB”) to be issued on May 24, 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. PW2023-10 for the “the DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN
69TH & 70TH STREET.” Bids must be received by the City by no later than June 21, 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 between 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 questions on the Cone of Silence.
2 of 79 8
Date Issued: May 24, 2023
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
19
Section 4: Bid Form/ Schedule of Values – Form 7 36
Section 4: References – Form 8 38
Section 4: Bid Guaranty/Bid Bond Form 9 41
Section 4: Performance & Payment Bond, Form 10 42
3 of 79 9
SECTION 1.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting bids for the DRAINAGE IMPROVEMENTS
AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET (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 May 24, 2023 11:00 AM
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 9, 2023 10:00 AM
4 City Issues Addenda and Responds to Questions June 14, 2023 10:00 AM
5 Deadline to Submit Sealed Bids – Submission
Deadline June 21, 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 21, 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 79 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 21,
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 9, 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. PW2023-10 , the “DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET,” 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 79 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
Form 10. Performance & Payment Bond
6 of 79 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 79 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 79 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
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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
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SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the DRAINAGE IMPROVEMENTS AT SW 63
AVENUE BETWEEN 69TH & 70TH STREET 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 79 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.
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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 the
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
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Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be
returned after the Contract is awarded and executed.
Bid Bonds shall be submitted via the Demand Star E-Bid System or 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.
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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,
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 public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity 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
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Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
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
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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 to Improve the drainage on SW 63 Avenue
between SW 69 Street and SW 70 Street. The drainage improvements entails installation of inlet,
stabilization, limerock base, manholes, exfiltration trench and pipes associated with the new drainage
system as well milling and re-surfacing, RPMs and thermoplastic based on the 5-year 1-hour storm event
design requirements. All work must be completed within ninety (90) 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.
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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).
3.3. SITE LOCATION.
The Project will be held at: SW 63 Avenue between SW 69 Street and SW 70 Street, 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 March 2023.
3.5. PROJECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
ninety (90) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from
the City’s Project Manager.
3.6. WARRANTY.
Bidder shall provide and make the warranties and representations set forth under Section 7 of the sample
contract for construction attached hereto as Attachment A.
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
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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 √
Form 10. Performance & Payment 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
“DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET”
Prepared by Stantec dated March, 2023
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26
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
hereby propose to furnish the goods and services speclOed In the Invitation to Bid, 1TB No.
PW2023-10. 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
Addendum 2
___ Addendum 3
___ Addendum 4
Addendum 5 ----
___ 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 5.
Form 6.
Form 7.
Form 8.
Form 9.
Form 10.
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
Performance & Payment Bond
20 of 79
27
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
NAME OF
SIGNAT. RE OF BIDD R
a r, ·o G<::7vt ~.A../
& TITLE. TYPED OR PRINTED
MAILINGADDREss I rt1t:o !;zw /?(). ~ ));-~ 'FL 3 Jf 93
TELEPHONE NUMBER
State of Flodd, d • ' _ ~
County of (7,~
, Stamp, or Type as
J Personally known to me ; or
__ ,,,_, Produced identificat ion (Type of ldentification :. ______________ ...1
__ J_Did take an oath ; or
___ D id not take an oath ,...,;:,, ,r; .. \ ROBERTO CASANOVA iR~\\ N (~.: "'-: ;; otary Public· St ate of Flonda
\~?-~":~-' Comm,rno n ; HH 27 64 24
·· °.' f':-. ·· My Co mm , Expire s Jul IB, 2026
Bo nd ed throu gh Nation al Not ary As sn.
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28
FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE -I-/ L-_ .... At(_
STATE OF -,-'-J __ ( Jv-_ v_ ,CL )
I I' , -ll _ ~-) ss
COUNTY OF~ {l ~ -~
CERTIFJ that a meeting
ale,. TAYe-
of the Board of Directors
a corporation or com any existing under the laws of the State of------=='---------'
held on ,fZ< L-<.. e -z--/ , 2023, the followi9_g resolution was duly passed and adopted:
of
Mar,q~~e..~
RESOLVED , that, as r~ .;-r ~the Corporation/Company, be and is hereby authorized
to execute the Bid dated.Tut<e. Z--/, 2023 to the City of South Miami for 1TB No. 2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET, 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
corporation/company on this the -Z-/ of f v< u e, , 2023.
Secretary
(SEAL)
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29
(if Partnership)
CERTIFICATE
sTATEoF ~l6n'ct_
COUNTY OF
FORM 2B
BIDDER'S CERTIFICATION
)
) ss
)
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 1TB No. PW2023-I0 DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET 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)
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30
FORM 3
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO I N THE PRESENCE OF A NOTARY PU B LIC
OR OTHER OFFIC I AL 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 T??TY OF S~UTH MIAMI AND ARE SJATEMENTS MADE:
By. LJLf-c:f Y-IV ~ ~ e_ 't.--
Foc (N~me of Propos;ng oc Wdd;ng Entity): u CC cf:Jf=d c; r _,cJ e .
Whose business address is: / ;J-CJ ~ 0 · &roJ 8 0 ~ /..))-a«M -Pl ] } / SJ
And (if applicable) its Federal Employer Identification Number (FEIN) is: -Z,.O -3 3 4-S-7'~ ..S--
(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 fi _rm, 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 12213 and -47 USC Sections 225 and 661 including Tide I, Employment; nde 11, Public
Services; Title Ill, Public Accommodations and Services Operated by Private entities; ntle 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 79-4;
• The Federal Transit Act, as amended -49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-3631.
AfG--
Bidder Initials
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31
Public 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 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( 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.)
~either 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.
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, I 989. 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 79
32
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 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.
t-16:
Bidder Initials
No Conflict of Interest or Contin~ent 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 2-1 I. I, 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 subm itting any future bids or Bid for
goods or services to City.
µ(f
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 ;
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33
2 . The Bid/Bid Is genuine ;md Is not a collusive or sham Bid/Bid ; and
3. Neither the Bidder/Bidder nor any of Its offlcers, partners, owners, agents, r epre~enutr,es,
employees, or parties in Interest. Including Afflant , has In any way colluded , consp ir e d , con nr-1ed . or
agreed, directly or indirectly with any other Bidder/Bidder, firm , or person to submit a collu sr,e 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 flx 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.
MG-
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 immed iately 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 affiliate.s, 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 287.1 35(8), F.S ., if federal law ceases to authorize the above-stated contracting prohibitions
then they shall become inoperative.
Bidder Initials
Dru~-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 79
34
assistance programs, and the penalties that may be Imposed upon employees (or drug abu se
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.)
✓r-he 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.
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. µG
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.
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2. Contractor warrants that it has read, understands, and Is willing to comply with all requirements of
1TB No. PW2023-10 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract Its responslbllltles 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.
/dG
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
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In the presence of:
,/ Personally known to me; or
~Produced identification (Type of Identification: ________________ )
~Did take an oath; or
Did not take an oath r .. ~--~t .. ;.~-.~~-........... ~~-----..,
---/~~/.. ROBERTO CASANOVA
(-ilc ii.,:; Notdry PubHc . Stdte of Floridd
··--:->',:I:!Y,l,-' Comm 1rnon ;/ HH 276 424
··--"(.f\'.-·· My Comm . Ex pires Jul 18 , 2026
Bonded through Nat iona l Notary Assn .
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FORM .C
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" aft r "Ye," or "No". If you an,wf!r "Y"1 ",
plea5e explain In the space provided, or on a 1eparate sheet atuched to thlt form .
I. Has your flrm or any of Its officers, received a reprimand of any mture or been suspended b-t h"?
Department of Professional Regulations or any other regulatory agency or professio nal associnio n-; w rth n
the last five (S) years! ✓ YES _____ NO ____ _
2. Has your firm, or any member of your flrrn, been declared In default, terminated or removed from .i
contract or job related to the services your firm provides In the regular course o( business within the lut
five (S) years!
YES ____ NO_✓ __ _
l. Has your firm had against it or filed any requests for equitable adjustment, contract claims. Bid protests,
or litigation in the past five (S) 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
st2te a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
Nota (Print, Stamp. or Type as
Commissioned) J Personally known to me; or
=;z:Produced identification (Type of ldentiflcatlon : ____________ -J
___ Did take an oath; or
___ Did not take an oath
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FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
Th is certification is required by the regulations Implementing Executive Order 12549 , Debarme nt and
Suspens ion, 13 CFR Part I 45 . 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 pri mary pa rticipant 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 with in 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.
Date:_{p-"--+--/ ~___,I ,___/_z--_.:J_ r I By:--1-_..,.......,...c.._1-+-,1-------
Signatu e Authorized Representative
~N~~,d~~; epr~e~' ~
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FORM6
BIDDER'S QUALIFICATIONS SURVEY
COMPANY QUALIFICATIONS OUESTIONNAJRE
Please complete this Company Qualiflcations 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 flrm .
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 flve (5) pages. Some information may not be applicable; in such
;""''"/;;;;_ ;nsert "N/A{e, -~ ,<JC-•
·~~ Firm Name
(J-(160 80
Principal Business Address
]= ~ ~ -2--Cf l --z..q 4-9
Telephone Number / )
{/VLtt cf-J:OLC @ ya.. lAI>a ·
Facsimile Number
c_~
Email Address
Federal I.D. No. or Social Security Number
S-6 i 4-o <; 4-
Municipal Business Tax/Occupational License No.
FIRM HISTORY AND INFORMATION
How many years has the flrm has been in business under its current name and ownership! LJ
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:
Po s-ooooBS""JS"~
Document Number
G/ / 4-[ -z_oas
~ Date Filed
Please identify the Firm's category with the Florida Department of Business Professional Regulation rttL1 1k:u•:::r;:xr+t{!;:J"' (? u c 1 .,_ 1, 1-sf{~
Category License No.
I oj:z.-s-/~o to
I
Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
o Individual o Partnership !X'corporation o LLC o LLP o Other __________ _
Please ;dendfy the f;rm's pdm,,y bus;ness: Ci.-<.,. • ....../J f;,,,..,, ,, "'-.._ ~ ~ e-f-'7Y
33 of 79
40
Please identify the number of continuou s ycll rs yo ur Firm hll \ perfo rm ed lu primary bu ~inefo~: _
Please list all profcsslon;il liccnses and ccrtlfl clltlons held by th e Firm , It s Qu;ilifi cr/Prin d p:il , :rnd :iny K ey
Staff, Including any .1ctlvc ccrtlflclltlons of sm.111, minority, or dls.idv.1nt-1ged bu sin cs~ cn tcr pri ~c . and t he
name of the enti th.1t Issued the license or certlflc.1tlon : r------~--...-------------.---------
Llcense/Certlflcatlon Name of Entity Issuing License No. Licen se ln u:in cc O;itc
T e or Certifi tion
Please identify the name, license number, and Issuance date of any prior companies that pertain to your
Firm:
License/Certification Name of Entity Issuing License No. License Issuance Date
Type / License or Certification
A.Ji .A.-
(
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
si in authori .
Authorized Signor's Name Title Signing Authority Threshold
ount, No Cost, Other
Please identify the total number of Firm employees, managerial/administrative employees, and identify the
total number of trades em lo ees b trade e .. , 20 electricians, 5 laborers, etc. :
Total No. of Managerial/ Administrative
Em lo ees
Total No. of Trad es Em lo ees b Trade
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
l{J~&v,-JTL.cf~ce ~c--:Te s.srca. /4C)YQ~
Insurance tarrier Name Insurance Carrier Contact Person
/_(40( $.w fa 5i # ws u-~ Fl 331 G>S-;r~~h{t-t<pvi~1,.H.s,
Insurance Carrier Address Telephone No. ~ g ~ -4 b 4 -S-!F / CJ Email ~",
Has the Firm filed any insurance claims in the last five (SLtears? □ No ~s If yes, please identi~ the J , {,· J..
type of claim and the amount paid out under the claim: ~a """°' 9-e. "to W n:ru ~ lA-<.CI irke& ~7 ' ' '1
Tl'"'u.. Ck-1)y -( VA-t" A c.c i ~ •
FIRM OWNERSHIP
Please identi all Firm owners or artners, their ti d ercent of
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Please identify whether any of the owners/partners identified above are owners/partners in another entity:
o No o 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 (%)
p I /r
t
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities:
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.
Authorized Signature: ----+--t-F-i..-t------Date:
Print or Type Name: --.......... ~--"'--........ _O"-t,\._· __ ✓__ <-'2...:fttle:
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FORM 7
BID FORM/SCHEDULE OF VALUES
1TB No. PW202l -10
Bid prices stated in this Form shall Include all costs and expenses for labor, equipme n t. m ater ia ls,
contractor's overhead, profit. bond and insurance, and general conditions. Payment for thi s pro ject w ill
be based upon completion of the entire project as a Lump Sum contract.
ITEM PAY DESCRIPTION UN QTY UNIT PRICE AMOUNT ITEM
ROADWAY PAY ITEMS
110-1-1 Clear and Grubbing o-r) I f,o(f(J. oe
I
$/ 1-/ (1(/(J I LS. I $
Prevention, Control and CT77 I, 0?10 I
(7d
2 104-10-3 Abatement of Erosion and LS . I I, rJcJO, Water Pollution $ $
110-15 -2 Existing Tree Protection /~0~ at. / $'0 r
ad
3 and Preservation LS. I $ $
160-4 Type "B" Stabilization cm 31/0V,
en)
4 ( 12 ") (Min. LB.R. of 40) /0, S.Y. 310 $ $
285-706 Limerock Base (8") ~ 9,30V,
oi)
5 (Primed) 36, S.Y. 310 $ $
327-70-1 Milling Existing Asphalt /0, ~ ~ 2-§'Cf,
m,
6 Pavement, I" Avg. Depth S.Y. 525 $ $
337 -7-82 Asphalt Concrete Friction ctB cro 7 Course Traffic C, SP-9 .5 z_Z-0, 6, J 30, (I" Thick) (Resurfacing)
TON 29 $ $ -
425-1521 Inlet, Type C (24"x37") -
$ 4, $' cf{}, ac 13,s-oa, (fl')
8 Ditch Bottom EACH 3 $ '
425-1-20 I Inlet, Type "C", 30 4 f 300,Ul I 7-, °/0 (J, U'-9 EACH 3
$ $
425-2-71 Manhole, Type "J", 50 -=?---aoo uc Z(, 000, oic:;
10 EACH 3
$ I , $
430-175-HDPE Pipe, I 5" °I ':i"r UC. ~,I? 5, 00
II 115 LF. 75
$ $
443-70-4 Exfiltration Trench, 24" I (p{) I
cm 3Z-10<JO,
era
12 LF . 200
$ $
522-1 Sidewalk Reconstr uction 7-07J, 00 "3 1 000 r
00
13 (4") S.Y. 15
$ $
Sodd ing (Pensacola Bahia oC> cO
14 570-1-2 or Match Existing) S.Y. 150 -z_o, ~I
ooo,
(Includes Watering and
Maintenance) $ $
Retro-Reflective O'O 48d, (Td
15 706-3 Pavement Marke rs EACH 24 ?<J, (RPMs) $ $
711-11 -Thermoplastic (yellow) ~. 00 4 S-0 I
c,c)
16 LF. 150 221 (sol id) (6") $ $
36 of 79
43
17 711 -11 -Th er mop l~s t lc (wh ite )
121 (solid ) (6 ")
ITEM PAY DESCRIPTION ITEM
18 IO 1-1 MO Bl LIZA TION( I 0%)
19 102-1 MAINTENANCE OF
TRAFFIC
TRAFFIC CONTROL 20 102 -1 ◄ OFFICER
PERM -PERMIT 21 ALLOW ALLOWANCE(S%)
22 CONT CONTINGENCY( I 0%)
SUBMITTED THIS __ & __ / __
PROPOSAL SUBMITTED BY:
k{o...g=§=olc-~c
T itle
, ___ -
,:;:rt!) 4-s-c , '"./1':.I
L.F . I SO -:!7 . $ ' SUBTOTAL ROADWAY ITEMS $/3~u ~r-, r7-
UN QTY UNIT PRICE AMOUNT
MISCELLANEOUS ITEMS -
cfC /0 ooo. o-o L.S . I 10 1 ocro ,
$ s /
l.S. I G ,OOC>,d 6 , ooo.OC,
$ s
5, (TO (oOO. oe:
H.R . 120
$ $
Ot (00 .
....,...,
L.S . I (C>C>,
$ $
l.S. I s / J, ?O 5. J; s /3, JO 0 , ~
SUBTOTAL MISCELLANEOUS ITEMS s 301 40 5. S D
TOTAL ( (o:;} 4 93 . ~
$ I
DAY OF _.....,,'li.,__L,(_~_e.. ___ 202_?
Telephone Number
37 of 79
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
39 of 147
Town of Cutler Bay
Alfredo Quintero, EI/ Director of Public Works
305-234-4262 aquintero@cutlerbay-fl.gov
X
Residents: 45,425
Square Miles: 10.29
Saga Bay 1.7 Sub-Basin Water Quality Improvement Project
Started: 4/25/2022, Completion: 9/30/2022. Contract Value: $860,257.42, Scope: New Drainage
Installation, Roadway Restoration, Milling existing asphalt, resurfacing, striping and sod restoration.
Concrete works, etc.
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
40 of 147
City of South Miami
Aurelio Carmenates, PE. Capital Imp. Program Project Manager
Pubic Works and Engineering Division
305-403-2072 acarmenates@southmiamifl.gov
X
Drainage Improvement SW 81 ST East of SW 62 Ave
Start 2/24/2023, Completion 03/31/2023. Scope: Installed new drainage system, roadway restoration,
milling and asphalt resurfacing. Concrete works, Swale and sod
restoration, striping
Contract value: $98,202.72
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
41 of 147
City of West Miami
Juan Pena, Director of Public Work Department
305-266-4214 juanpena@citywestmiami.org
X
Citywide Drainage Improvements, Started: 2/05/2023, Size of the
Project: $368,120.00, Scope: Installation of new Drainage Systems, Roadway restoration, Concrete
works, Milling and resurfacing, swale restoration, sodding, striping
46
47
L
FORM 9
BID GUARANTY/BID BOND
1TB #PW2023-1 0
KNOW ALL MEN BY THESE PRESENTS, that we, ....1.M?J.aai~..!i~~o:J.!,Ic~. J.lln.u.c"-. _________ _
as Principal and Bidder, and Berkley Insurance Company
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: $...1..E...1..iY:ue ... PLex.1r..i.cJ.<.enwtua.J.JfuA::u..1.ro.Ll.al..l,luwn..1...t J.jB~jd"'------------
___ (Written Dollar Amount) dollars ($~*5%*** ) 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: Drainage Improvements at SW 63 Ave between 69
& 70 St
Principal herein, has
In the presence of:
Witness #2 Print Name: Genesis Ferrian
◄2 of 1 ◄7
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48
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49
ENGINEERING CONTRACTOR – LIC: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
maggolc@yahoo.com
CONTRACTS PERFORMED as Prime Contractor BY MAGGOLC INC.
102-Drainage Improvement SW 81 ST east of SW 62 Ave ($98,202) (City of South Miami, Completed
03/31/2023) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
101-Drainage Improvements Multiple Sites ($775,357) (Miami Dade County, Completed 08/17/2022) (Licet 305-
375-2648) (Izquierdo@miamidade.gov)
100-Sidewalk Improvements-Multiple Sites ($757,877) (Miami Dade County, Completed 07/26/2022) (Delfina
Tirado 305-373-3635) (Delfina.tirado@miamidade.gov)
99-Saga Bay 1.7 Sub-Basin Water Quality Improvement Project ($860,397) (Town of Cutler Bay, Completed
09/30/2022) (Alfredo Quintero 305-234-4262) (aquintero@cutlerbay-fl.gov)
98-Stormwater Improvements Sub-Basin H-8 Phase II ($1,428,673) (City of Doral, Completed 03/10/2022)
(Julio Amoedo 305-593-6740 X6018) (julio.amoedo@cityofdoral.com)
97-Potable Water Main Improvements Phase I ($1,400,000) (City of West Miami, Completed 2/28/2022) (Juan
Pena 305-266-4214) (juanpena@cityofwestmiami.org)
96-Drainage Improvements The Landing NW 75 Ave ($533,165) (Miami- Dade County, Completed 08/22/2021)
(Juan V Gonzalez 305-608-9702) (juangonzalez2@miamidade.gov)
95-MURT Trail Improvements Plantation Road ($489,272) (City of Plantation, Completed 06/08/2021) (Randy L.
Daniel 954-214-6728)
94-SW 62 Avenue Pedestrian & Bicyclist Enhancement Project ($341,459) (LAP/ City of South Miami,
Completed 09/30/2021) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
93-Stormwater Improvements Sub-Basin A-2 ($174,631) (City of Doral, Completed 3/15/2021) (Stephanie Bortz
305-593 6740 Ext.6024) (stephanie.bortz@cityofdoral.com)
92-SW 20 ST from SW 14 Ave to SW 17 Ave. Roadway Improvements ($322,729) (City of Miami, Completed
12/20/2020) (Javier Romero 786-975-3011) (jromero@miamigov.com)
91- Drainage Improvements SW 12 ST and SW 57 Ave and SW 13 ST and 65 Ave. ($178,567.00) (City of West
Miami, Completed 10/30/2020) (Juan Pena 305-266-4214) (juanpena@cityofwestmiami.org)
90- Roadway Improvements Project NW 38 ST & NW 64 Ave ($738,894) (Village of Virginia Gardens,
Completed 08/31/2020) (J.W. “Butch” Martin 305-871-6104) (bmartin@virginiagardens-fl.gov)
89- T-6456 -SR 934/ NE 82 ST from NE 4 PL to Biscayne Blvd Intersection Improvements ($277,873.35)
(FDOT- District 6, Completed 08/05/2020) (Adajah F. Codio 305-968-4921) (adajah.codio@dot.state.fl.us)
88- SW 23 ST from SW 14 Ave to SW 3 Ave Roadway Improvements ($156,270.36) (City of Miami, Completed
7/30/2020) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com)
87- Stormwater Improvements: Sub-Basin A-4/ NW 84 ave ($798,280.00) (City of Doral, Completed
07/25/2020) (Stephanie Bortz 305-593 6740 Ext.6024) (stephanie.bortz@cityofdoral.com)
86- SW 64 CT Roadway, Drainage and Water Main Improvements ($342,048.06) (City of Miami, Completed
April 2020) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com )
85- SR 826/Various Ramps @ NW 119 ST and I-75 -Contract E6L72 ($329,600.04) (FDOT District 6, Completed
March 2020) (Jean J Boursiquot 305-986 9920) (jean.boursiquot@dot.state.fl.us)
84- NW 21 ST Stormwater Improvements ($168,769.10) (City of Doral, Completed 01/25/2020) (Stephanie Bortz
305-593 6740 Ext.6024) (stephanie.bortz@cityofdoral.com)
83- Hilola Street Roadway Improvements ($215,300.19) (City of Miami, Completed 12/15/2019) (Javier Romero
305-416-2074) (jromero@miamigov.com)
82- CRA – NW 1st ST – NW 2 ST Roadway Improvements ($1,609,720.61) (City of Florida City, CRA, Completed
May 2019) (Rick Stauts 305-772-1157 / 305-247-8221) (richard.stauts@floridacityfl.gov )
81- Drainage Improvements on SW 59 Ave. between SW 74 ST & SW 80 ST ($330,118.10) (City of South
Miami, Public Works Department, Completed May 2019) (Aurelio Carmenates 305-403-2072)
(acarmenates@southmiamifl.gov)
80- Traffic Circle Project for NE 4th Ave & NE 127th ST ($185,539) (City of North Miami, Public Works
Departmrnt, Completed April 2019) (Akin Ozaydin 954-736-6983) (dozaydin@northmiamifl.gov)
79- Vanderbilt Traffic Calming Improvements ($293,492) (City of Doral, Public Works Department, Completed
December 2018) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com)
78- Bird Avenue Improvements from US-1 to Mary ST ($1,468,493) (City of Miami, Capital Improvements
Department, Completed November 2018) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com )
50
77- Doral Trolley Infrastructure Improvements ($412,115) (City of Doral, Public Works Department, Completed
November 2018) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com)
76- Sub-Basin 59/60 Paving & Drainage Improv. ($853,302) (Village of Palmetto Bay, Completed November
2018) (Danny Casals 305-969-5091) (dcasals@palmettobay-fl.gov )
75- Traffic Circle at the Intersection of SW 168 ST & SW 82 Ave. ($326,223) (Village of Palmetto Bay,
Completed September 2018) (Danny Casals 305-969-5091) (dcasals@palmettobay-fl.gov )
74- Traffic Circle at SW 72 Ave and 98 ST ($107,143.00) (Village of Pinecrest, Public Works Dep., Completed
May, 2018) (Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fl.gov )
73- SW 27 ST Roadway Improvements ($377,488.42) (City of Miami, CIP, Completed March, 2018) (Orlando
Misas 305-416-1038) (omisas@miamigov.com)
72- ADA Push Button Contract (Miami- Dade and Monroe County) ($618,600.00) (FDOT- District 6, Completed
February 2018) (Marina Gershanovich 305-978-0090) (marina.gershanovich@dot.state.fl.us )
71-Twin Lakes Traffic Circle (SW 63 Ave & SW 42 Terr) ($88,740.00) (City of South Miami, Completed January
2018) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
70- Westward Drive Concrete Bike Path Project ($1,158,670) (City of Miami Springs, Public Works Department,
Completed November 2017) (Tammy Romero 305-805-5035) (romerot@miamisprings-fl.gov)
69- Stormwater Improvements Project- SW 70/71 Ave. (380,215) (Village of Pinecrest, Completed September
2017) (Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fl.gov )
68- Subbasin H-8 Drainage Improvements ($968,585) (City of Doral, Public Works Department, Completed
August 2017) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com)
67- 32’ Traffic Circle Project ($221,527) (City of North Miami, Completed April 2017) (Chuks Okereke 305-893-
6511 Ext.15002) (cokereke@northmiamifl.gov)
66- SW 74 Terr Roadway & Drainage Improvements Project ($139,882) (City of South Miami, Completed April
2017) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov )
65- Subbasin F-1 Drainage Improvements ($632,993) (City of Doral, Public Works Department, Completed
March 2017) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com)
64- Busway Pedestrian Access Improv. -20150047 ($417,284) (Miami Dade County Transportation and Public
Works Department, Completed November 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
63- Busway Pedestrian Access Improv. -20140140 ($266,345) (Miami Dade County Transportation and Public
Works Department, Completed August 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
62- Sidewalk Improvements Multiple Sites ($214,549) (Miami Dade County Transportation and Public Works
Department, Completed July 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
61- Metrorail Bike Path Improvements (M-Path) ($870,888) (Miami Dade Transit, Completed May 2016)
(George Maldonado 786-473-4369) (glm@miamidade.gov)
60- Drainage and Road Improvements Project Multiple Sites #20140177 ($755,761) (Public Works Miami-
Dade County, Completed May 2016) (Alfonso Duarte 305-409-8224) (aduarte@miamidade.gov)
59- Twin Lakes Drainage and Roadway Construction Area 1 & 2 ($345,975) (City of South Miami, Completed
April 2016) (Ricardo Ayala 305-403-2072) (rayala@southmiamifl.gov )
58- Drainage and Road Improvements Project Multiple Sites #20140165 ($383,287) (Public Works Miami-
Dade County, Completed November 2015) (Pedro Marsan 305-281-9062) (marsan@miamidade.gov )
57- Sub-Basin 10 (SW 88 Ave) Paving and Drainage Improvements ($922,633.25) (Village of Palmetto Bay,
Completed November 2015) (Danny Casals 305-969-5091) (dcasals@palmettobay-fl.gov )
56- Drainage Improvements 13000 SW 60 Street ($112,080) (Village of Pinecrest, Completed October 2015)
(Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fl.gov )
55- Beacom Project Area Improvements- Phase II ($818,978.96) (City of Miami, Completed July 2015) (Robert
Fenton 786-263-2133) (rfenton@miamigov.com )
54- Lummus Park Landing ($222,612.91) (City of Miami, Completed May 2015) (David Adato 305-416 1899 /
786-376 4391) (dadato@miamigov.com )
53- NW 18 PL Road and Drainage Improvements ($473,087.20) (City of Miami, Completed March 2015) (Robert
Fenton 786-263-2133) (rfenton@miamigov.com )
52- Multiple Parks - ADA Improvements ($336,741.68) (Miami Dade Park & Recreation Department, Completed
January 2015) (Leopoldo Aybar 786-201-2422) (aybar@miamidade.gov )
51- Districtwide Minor Asphalt Repair. ($250,000) (FDOT, District 6, Completed December 2014) (John Garzia
305-640-7177) (john.garzia@dot.state.fl.us)
50- NW 11 ST from 27 Ave to 37 Ave. Area Roadway Improvements. ($188,874) (City of Miami, Completed
October 2014) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com )
49- Sunset Drive Downtown Median. (84,663) (City of South Miami, Completed October 2014) (Ricardo Ayala
305-403-2072) (rayala@southmiamifl.gov )
48- Beacom Project Area Improvements-Phase I ($767,132) (City of Miami, Completed March 2014) (Robert
Fenton 786-263-2133) (rfenton@miamigov.com )
47- Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine
Onuigbo 786-447-9817) (vonuigbo@miamigov.com )
51
46- Wild Lime Park Parking Expansion and Concrete Walkway. ($201,442) (Miami Dade Park & Recreation
Department, Completed January 2014) (Leroy Garcia 786-210-5937) (garcial@miamidade.gov )
45- Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Doral, Completed December 2013)
(Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com )
44- Doral Trolley Route 3 Infrastructure Improvements. ($114,210) (City of Doral, Completed November 2013)
(Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com )
43- Sidewalk Improvements along SR A1A/ Collins Ave @ SR 826/ NW 63 ST. ($205,521) (Florida Department
of Transportation, Completed October 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com )
42- SR 9 (NW 27 Ave), From NW 79 ST to NW 84 ST Roadway Improvements ($119,000) (Florida Department
of Transportation, Completed July 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com )
41- Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean
Compel 786-502-0770) (sean.compel@stantec.com )
40- NW 8th ST & NW 14 CT Roadway and Drainage Improvements ($425,895) (City of Miami, Completed May
2013) (Robert Fenton 786-263-2133) (rfenton@miamigov.com )
39- I-195/ Julia Tuttle from SR 5/ Biscayne Blvd to SR 907/ Alton Rd - Bike Path / Trail ($121,520) (Florida
Department of Transportation, Completed March 2013) (Roland Rodriguez 305-345 0696)
(rrodriguez@pinnaclecei.com )
38- ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit,
Completed March 2013) (Javier Salmon 786-473 4710) (jsalmon@miamidade.gov )
37- Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January
2013) (Jorge Vera 305-403 2072) (jvera@southmiamifl.gov )
36- Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012)
(Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov )
35- Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012)
(Danny Casals 305-969 5091) (dcasals@palmettobay-fl.gov )
34- SR 94/SW 88 ST/ Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed
October 2012) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com )
33- FDOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed
July 2012) (Eric Gomez 305-553 5457) (egomez.egsc@att.net )
32- Long Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental
Protection, Completed July 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us )
31- SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed
February 2012) (Keith A. Ng 305-403 2072) (kng@southmiamifl.gov )
30- District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed
February 2012) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com )
29- Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection,
Completed February 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us )
28- Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public
Works Dep., Completed December 2011) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov )
27- SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of
Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696)
(rrodriguez@pinnaclecei.com )
26- SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements
Department, Completed October 2011) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com )
25- Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park &
Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786-586 8360) (rttolon@miamidade.gov )
24- District #4 Citywide ADA Sidewalk Improvements, ($149,397) (Public Works Dep. City of Miami, Completed
October 2011) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com )
23- MIA- NW 67 Ave & NW 36 Street Intersection Improvements ($65,000), (concrete works) (Aviation
Department Miami Dade County, Complete July 2011) (John Peterson 305-622 8000) (jpet@mikegconst.com )
22- MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami-
Dade County, Completed May 2011) (Greg Tai 305-876 8444) (gtai@mikegconst.com )
21- District #1 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed
May 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson@miamigov.com )
20-District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed
February 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson@miamigov.com )
19-Intersection Realignment SW 139 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion
($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305-969 5011)
(dcasals@palmettobay-fl.gov )
18-Installation of Sidewalks and Ramps along NE 12 Ave ($123,750.00) (Public Works Dep. City of North
Miami, Completed December 2010) (Gerardo Hernandez 305-893 6511) (ghernandez@northmiamifl.gov )
52
17-AD Barnes Park Asphalt Walkways ($86,615.00) (Miami-Dade Park and Recreation Dept., Completed
December 2010) (305-755 7985) (rttolon@miamidade.gov )
16-Golden Shore Park Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November
2010) (305-947 0606) (gbatista@sibfl.net )
15-District 1- Sidewalk Repair Project II ($95,990) (Public Works Dep. City of Miami, Completed September
2010) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com )
14-Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key
Biscayne April 2010) (786-255 6765) (anunez@keybiscayne.fl.gov )
13-Blue Road Roundabouts Re-Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March
2010) (305-460 5018) (epino@coralgables.com)
12-District 2- Sidewalk Repair Project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010)
(Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com )
11- West Little River Asphalt Driveways Phase IV-D. ($35,000) (Miami-Dade County Office of Community and
Economic Development, Completed December 2009). (Mario Berrios 786- 469 2112) (mberr@miamidade.gov )
10-SR 907 (Alton Rd) at Allison Dr. for Drainage and Retention Improvements. ($134,000) (FDOT, Completed
December 2009) (Anthony Sabbag 305-256 6380) (anthony.sabbag@dot.state.fl.us )
9-Country Club of Miami, Grading, Sitework & Greens. ($107,000) (Miami-Dade Park and Recreation Dept.,
Completed August 2009). (305-596 4460) (Dan Crawford 305-596 4460) (dc93@miamidade.gov )
8-Country Club of Miami Parcel 1169 & 1168-E New Asphalt Walkways. ($178,000) (Miami-Dade Park and
Recreation Dept., Completed July 2009). (Dan Crawford 305-596 4460) (dc93@miamidade.gov )
7-Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009).
(305-622 8000) (jallen@miamigardens-fl.gov )
6-West Little River Asphalt Driveways Phase IV-B. ($68,000) (Miami-Dade County Office of Community and
Economic Development, Completed January 2009). (Mario Berrios 786-469 2112) (mberr@miamidade.gov )
5-West Perrine Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami-Dade Park and
Recreation Dept., Completed January 2009). (305-596 4460)
4-Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami-Dade County Public
Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9822) (jra@miamidade.gov )
3-Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department
of Transportation, Dist. Six, Executed the year 2008 and renewed for to year 2009 and 2010, Completed June
2011). (Janice Corn 305-256 6359) (Janice.corn@dot.state.fl.us )
2-Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami-Dade Park and Recreation
Dept., Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.go v)
1-Olympic Park Concrete Sidewalk Construction. ($184,000) (Miami-Dade Park and Recreation Dept.,
Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.gov )
53
54
55
56
Local Business Tax Receipt LBT Miami-Dade County, State of Florida
-THISIS NOT A BILL-DO NOT PAY
5684064
BUSINESS NAMfJI.OCATION
MAGGOLCINC
11020 SW 55TH ST
MIAMI Fl 33165
OWNER
MAGGOLCINC
Worker(s)
RECEIPT NO.
RENEWAL
5928487
EXPIRES
SEPTEMBER 30, 2023
Must be displayed at place of business
Pursuant to County Code
Chapter SA -Art. 9 & 10
SEC. TYPE Of BUSINESS
196'SPECIAL TY ENGINEERING CONTRACT :~~:~~~~tr~~o
E25130Z $75.00 08/11/2022
INT-22-386056
This Local Busin.ess Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license,
permit, or a certification of the holder· s qualifications, to do business. Holder must comply with any governmental
or nongovernmental regulatory laws and requirements which apply to the business.
The RECEIPT NO. above must be displayed on all commercial vehicles -Miami-Dade Code Sec Ba-276.
for more information, visit www mjamidada qovltaxcollactor
-
Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESGONZALEZ, MARIO HDo not alter this document in any form.MAGGOLC, INC.LICENSE NUMBER: CGC1531207EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.11020 SW 55TH STREETMIAMI FL 33165Always verify licenses online at MyFloridaLicense.com57
Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESGONZALEZ, MARIO HDo not alter this document in any form.MAGGOLC INCLICENSE NUMBER: CUC1224888EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.11020 SW 55TH STREETMIAMI FL 33165Always verify licenses online at MyFloridaLicense.com58
Tabulation Sheet
Agency Name City of South Miami
Bid Number ITB-(ITB) No. PW2023-10-0-2023/SK
Bid Name DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET
Bid Due Date 06/21/2023 10:00:00 Eastern
Bid Opening Closed
6 responses found.online, offline, not submitting, not received
Company Responded Address Bid Amount Alt Bid Amount Declared
Attributes Documents Sent
Complete
1 .Hartec Group INC 06/21/2023 09:49:05 Eastern
8200 SW
187 Terr,
Cutler
bay, FL,
33157
$218593.7500 0.0000 Bidding Document
Bid Bond
2 .M&J GENERAL
CONTRACTORS 06/21/2023 08:59:43 Eastern
300
PALERMO
AVENUE,
2 FLOOR,
Miami, FL,
33134
$213253.4200 0.0000
Hispanic
Owned,
Small
Business,
Woman
Owned
Bidding Document
Bid Bond
3 .Maggolc Inc.06/21/2023 06:53:09 Eastern
12060 SW
80 ST ,
Miami, FL,
33183
$163493.5000 0.0000 Bidding Document
Bid Bond
4 .MARCDAN INC.06/20/2023 09:56:19 Eastern
2721 SW
137 ave,
suite 104 ,
Miami, FL,
33175
$269773.0000 0.0000 Bidding Document
Bid Bond
5 .Metro Express Inc. 06/21/2023 09:02:33 Eastern
9390 NW
109 St.,
Miami, FL,
33178
$217547.0000 0.0000 Bidding Document
Bid Bond
6 .SC Contractors, LLC 06/21/2023 09:34:16 Eastern
20431 SW
1st Street,
Pembroke
Pines, FL,
33029
$178664.0000 0.0000
Hispanic
Owned,
Woman
Owned
Bidding Document
Bid Bond
59
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
MAGGOLC $163,493.50 X X X X X X X X X X X X X X X X
SC CONT.$178,664.00 X X X X X X X X X X X X X X X X
M&J CONT. $213,253.42 N/A X X X X N/A X X X X X X X X X X
METRO
EXPRESS $217,547.00 X X X X X X X X X X X X X X X X
HARTEC GRP $218,593.75 X X X X X X X X X X X X X X X X
MARCDAN $269,773.00 X X X X X X X X X X X X X X X X
ITB PW 2023-10
PROOF OF INSURANCE & A PERFORMANCE/PAYMENT BODN IS A CONDITION OF AWARD
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
60
MAGGOLC SC CON M & J METRO
EXPRESS HARTEC
$14,000.00 $6,000.00 $915.31 $25,000.00 $10,000.00
$1,000.00 $1,750.00 $1,247.62 $5,000.00 $2,000.00
$150.00 $850.00 $3,994.72 $5,000.00 $1,000.00
$3,100.00 $7,750.00 $3,946.30 $5,580.00 $10,850.00
$9,300.00 $7,750.00 $5,573.80 $9,300.00 $15,500.00
$5,250.00 $5,250.00 $7,959.00 $2,625.00 $3,675.00
$6,380.00 $6,670.00 $6,086.52 $4,640.00 $8,700.00
$13,500.00 $18,000.00 $11,997.78 $16,500.00 $15,000.00
$12,900.00 $18,750.00 $10,564.26 $6,000.00 $15,000.00
$21,000.00 $18,000.00 $17,234.04 $21,000.00 $21,000.00
$7,195.00 $7,500.00 $4,682.25 $10,500.00 $10,500.00
$32,000.00 $36,000.00 $66,130.00 $36,000.00 $52,000.00
$3,000.00 $1,950.00 $5,093.10 $810.00 $750.00
$3,000.00 $1,800.00 $4,281.00 $2,700.00 $1,200.00
$480.00 $144.00 $279.84 $192.00 $120.00
$450.00 $900.00 $2,623.50 $1,500.00 $750.00
$450.00 $1,050.00 $2,623.50 $1,500.00 $750.00
$133,155.00 $140,114.00 $155,232.54 $153,847.00 $168,795.00
$10,000.00 $7,000.00 $24,998.00 $15,000.00 $16,879.50
$6,000.00 $3,850.00 $3,498.00 $5,000.00 $1,000.00
$600.00 $7,800.00 $6,240.00 $7,200.00 $6,600.00
$100.00 $7,900.00 $7,761.63 $8,000.00 $8,439.00
$13,708.00 $12,000.00 $15,523.25 $16,500.00 $16,879.50
$30,408.00 $38,550.00 $58,020.88 $51,700.00 $49,798.00
$163,563.00 $178,664.00 $213,253.42 $205,547.00 $218,593.00
$163,493.50 $217,547.00
61
MARCDAN
$20,000.00
$3,800.00
$5,600.00
$5,270.00
$10,850.00
$3,150.00
$7,627.00
$13,632.00
$12,465.00
$24,381.00
$8,475.00
$70,600.00
$1,095.00
$4,950.00
$288.00
$750.00
$750.00
$193,683.00
$25,000.00
$6,050.00
$8,040.00
$12,000.00
$25,000.00
$76,090.00
$269,773.00
62
63
...
MIAMI-DADE
STAT E OF FLORID A
COU NTY OF MIA M I-D AD E :
Before the undersig ned auth ority pe rsonally appeared
GUILLERMO GARCIA , who on oath says that he or she is the
DIRECTOR OF OPERATIONS. Lega l Notices of lhe Miami Oa ily
Bus iness Rev iew f/k/a Miami Rev ie w , of Mia mi-Dade County ,
Florida ; that \he a\\acl\ed copy of advertisement , being a
Legat Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI· INVI TAT ION TO BID (1TB) NO . PW2 02
3-10
in lhe XXXX Court ,
was publ is hed in a newspaper by pri nt in the issues of Miam i
Daily Bu sine ss Review f/kla Miami Revie w on
05 /26/2023
Affiant further sa ys that the new spaper complies with all
lega l for publ ication in chapter 50 , Florid a
Sw r o and subscribed be fore me this
26 day of MAY , A.D . 2023
~
(SEAL )
GUILLERMO GARCIA personally known lo me
_.-f~'5f>. ROSANA SALGADO
[~(Jir~ ·;;;commission# HH 336937
,y;;;q?-p-· Exoires November 30, 2026 ·-t~~}.~?.·· .
PUBLIC NOTICE
INVITATION TO BID (1TB) NO. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63
AVENUE BETWEEN 69TH & 70TH STREET
NOTICE IS HEREBY GIVEN that the City of South Miami ('City') is
soliciting bids for the DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET. Interested companies, firms, and
Individuals ("Bidders') may obtain a copy of Invitation to Bid No . PW2023 -10
(the 'ITS') to be issued on May 24, 2023, at the City of South Miami 6130 Sunset
Drive, South Miami, FL 33143, on the City's website at www.southmiamifl. ov or
via DemandStar at htt s://network.demandstar.co__m/. The 1TB 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 1TB will be made available on the City's website. It.
is the Bidder's sole responsibility to ensure rece ipt of any issued notice or
addenda relating to this 1TB once posted to the website. The bid
submission shall be submitted electronically via DemandStar and marked
'Bid to City of South Miami, ITB No. ?W2023--10 for the "the DRAINAGE
IMPROVEMENTS AT SW 63 AVENUE BElWEEN 69TH & 70TH STREET.• Bids
must be received by the City by no later than June 21, 2023 at 10:00 a.m. EST.
E-BID OPENING VIA VIDEO CONFERENCING :
The City will only receive submlttals electronically through the OemandStar
Electronic Bid System (E-Bidding). To register as a business, go to
https://network.demandstar.co
Bids wi ll 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 01:>ening meeting on a dedicated phone line by dialing
+ 1·786-635-1003 Meeting ID: 3056636339.
5/26
A pre-response conference will NOT be held for this project
Nkenga Payne, CMC, FCRM
City Clerk .
City of South Miami
23-121 /0000665521 M
CITY OF SOUTH MIAMI
INVITATION TO BID (ITB) No. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
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 24, 2023
SUBMITTAL DUE DATE: June 21, 2023
SUBMITTAL DUE TIME: 10:00 AM
BID OPENING DATE: June 21, 2023
BID OPENING TIME: 10:30 A.M.
1 of 79 64
PUBLIC NOTICE
INVITATION TO BID (ITB) No. PW2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the DRAINAGE
IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET. Interested
companies, firms, and individuals (“Bidders”) may obtain a copy of Invitation to Bid No. PW2023-10
(the “ITB”) to be issued on May 24, 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. PW2023-10 for the “the DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN
69TH & 70TH STREET.” Bids must be received by the City by no later than June 21, 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.
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Date Issued: May 24, 2023
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
19
Section 4: Bid Form/ Schedule of Values – Form 7 36
Section 4: References – Form 8 38
Section 4: Bid Guaranty/Bid Bond Form 9 41
Section 4: Performance & Payment Bond, Form 10 42
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SECTION 1.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting bids for the DRAINAGE IMPROVEMENTS
AT SW 63 AVENUE BETWEEN 69TH & 70TH STREET (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 May 24, 2023 11:00 AM
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 9, 2023 10:00 AM
4 City Issues Addenda and Responds to Questions June 14, 2023 10:00 AM
5 Deadline to Submit Sealed Bids – Submission
Deadline June 21, 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 21, 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
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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 21,
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 9, 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. PW2023-10 , the “DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET,” 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
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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 B idder
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
Form 10. Performance & Payment Bond
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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
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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
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(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
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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
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SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the DRAINAGE IMPROVEMENTS AT SW 63
AVENUE BETWEEN 69TH & 70TH STREET 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
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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.
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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
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Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be
returned after the Contract is awarded and executed.
Bid Bonds shall be submitted via the Demand Star E-Bid System or 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.
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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,
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 public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity 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
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Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
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
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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 to Improve the drainage on SW 63 Avenue
between SW 69 Street and SW 70 Street. The drainage improvements entails installation of inlet,
stabilization, limerock base, manholes, exfiltration trench and pipes associated with the new drainage
system as well milling and re-surfacing, RPMs and thermoplastic based on the 5-year 1-hour storm event
design requirements. All work must be completed within ninety (90) 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.
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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).
3.3. SITE LOCATION.
The Project will be held at: SW 63 Avenue between SW 69 Street and SW 70 Street, 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 March 2023.
3.5. PROJECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
ninety (90) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from
the City’s Project Manager.
3.6. WARRANTY.
Bidder shall provide and make the warranties and representations set forth under Section 7 of the sample
contract for construction attached hereto as Attachment A.
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
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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 √
Form 10. Performance & Payment 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
“DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET”
Prepared by Stantec dated March, 2023
19 of 79 82
FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No.
PW2023-10. 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
Form 10. Performance & Payment Bond
20 of 79 83
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 79 84
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. 2023-10
DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET, 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 79 85
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. PW2023-10 DRAINAGE IMPROVEMENTS AT SW 63 AVENUE
BETWEEN 69TH & 70TH STREET 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 79 86
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 79 87
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, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
25 of 79 88
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 1 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 79 89
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 79 90
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.
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2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
ITB No. PW2023-10 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 79 92
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 79 93
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, litigat ion, 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 79 94
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 t hat
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 79 95
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:
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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 79 97
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 79 98
FORM 7
BID FORM/SCHEDULE OF VALUES
ITB No. PW2023-10
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 PAY
ITEM DESCRIPTION UN QTY UNIT PRICE AMOUNT
ROADWAY PAY ITEMS
1 110-1-1 Clear and Grubbing
L.S. 1 $ $
2 104-10-3
Prevention, Control and
Abatement of Erosion and
Water Pollution
L.S. 1
$ $
3 110-15-2 Existing Tree Protection
and Preservation L.S. 1 $ $
4 160-4 Type "B" Stabilization
(12") (Min. L.B.R. of 40) S.Y. 310 $ $
5 285-706 Limerock Base (8")
(Primed) S.Y. 310 $ $
6 327-70-1 Milling Existing Asphalt
Pavement, 1" Avg. Depth S.Y. 525 $ $
7
337-7-82 Asphalt Concrete Friction
Course Traffic C, SP-9.5
(1" Thick) (Resurfacing) TON 29 $ $
8 425-1521 Inlet, Type C (24"x37") -
Ditch Bottom EACH 3 $ $
9 425-1-201 Inlet, Type "C", 3ø EACH 3 $ $
10 425-2-71 Manhole, Type "J", 5ø EACH 3 $ $
11 430-175-
115
HDPE Pipe, 15" L.F. 75 $ $
12 443-70-4 Exfiltration Trench, 24" L.F. 200 $ $
13 522-1 Sidewalk Reconstruction
(4") S.Y. 15 $ $
14 570-1-2
Sodding (Pensacola Bahia
or Match Existing)
(Includes Watering and
Maintenance)
S.Y. 150
$ $
15 706-3
Retro-Reflective
Pavement Markers
(RPMs)
EACH 24
$ $
16 711-11-
221 Thermoplastic (yellow)
(solid) (6") L.F. 150 $ $
36 of 79 99
17 711-11-
121 Thermoplastic (white)
(solid) (6") L.F. 150 $ $
SUBTOTAL ROADWAY ITEMS $
ITEM PAY
ITEM DESCRIPTION UN QTY UNIT PRICE AMOUNT
MISCELLANEOUS ITEMS
18 101-1 MOBILIZATION(10%) L.S. 1 $ $
19 102-1 MAINTENANCE OF
TRAFFIC L.S. 1 $ $
20 102-14 TRAFFIC CONTROL
OFFICER H.R. 120 $ $
21 PERM-
ALLOW
PERMIT
ALLOWANCE(5%) L.S. 1 $ $
22 CONT CONTINGENCY(10%) L.S. 1 $ $
SUBTOTAL MISCELLANEOUS ITEMS $
TOTAL
$
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 79 100
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 79 101
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 79 102
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 79 103
FORM 9
BID GUARANTY/BID BOND
ITB #PW2023-10
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 ($______________________) lawful money of the United States of
America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally by these presents.
WHEREAS, the Principal contemplates submitting or has submitted, a bid to the City of South Miami for
the furnishing of all labor, materials (except those to be specifically furnished by the City), equipment,
machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the
bid and solicitation, entitled:
IN WITNESS WHEREOF, the said as Principal herein, has caused
these presents to be signed in its name by its
and attested by its
under its corporate seal, and the said
as Surety herein, has caused these presents to be signed in its name by
its
and attested in its name by its
under its corporate seal, this day of , 20___.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Principal/Firm:
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Attorney-In-Fact:
(Power of Attorney to be attached)
Witness #2 Print Name: Resident Agent
41 of 79 104
FORM 10
FORM OF PAYMENT AND PERFORMANCE BONDS
PAYMENT BOND
BY THIS BOND, we, , as Principal,
(the “Contractor”) and , as Surety, are bound to
the City of South Miami (the “City”), as Obligee, in the amount of Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract pursuant to ITB No.
PW2023-10, which was awarded on , 2023, pursuant to Resolution No.
, with the City, which contract documents are by reference incorporated herein and made a part
hereof, and specifically include provision for liquidated and other damages, and for the purpose of this
Bond are referred to as the “Contract.”
NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND/OBLIGATION are that if
Contractor shall promptly make payment to all claimants, as herein below defined, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and
conditions:
1. A claimant is defined as any person supplying the Principal with labor, material and supplies, used
directly or indirectly by the said Principal or any subcontractor in the prosecution of the work
provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes; and
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of
ninety (90) days after performance of the labor or after complete delivery of materials and
supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and have execution thereon.
The Owner shall not be liable for the payment of any costs or expenses of any such suit; and
3. No suit or action shall be commenced hereunder by any claimant:
a. Unless claimant, other than one having a direct contract with the Principal, shall within
forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution
of the work, furnish the Principal with a notice that he intends to look to this bond for
protection;
b. Unless claimant, other than one having a direct contract with the Principal, shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials and supplies, deliver to the Principal written notice of the performance of
such labor or delivery of such material and supplies and the nonpayment therefore;
c. After the expiration of one (1) year from the performance of the labor or completion of
delivery of the materials and supplies; it being understood, however, that if any limitation
embodied in this Bond is prohibited by any law controlling the construction hereof such
limitations shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law;
d. Other than in a state court of competent jurisdiction in and for the county or other
political subdivision of the state in which the project, or any part thereof, is situated, or
in the United States District Court for the district in which the project, or any part thereof,
is situated, and not elsewhere.
42 of 79 105
4. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner
may be compelled to pay because of any lien for labor or materials furnished for any work included
in or provided by said Contract.
5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder
or the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the
Surety hereby waives notice of any such change, extension of time, alterations of or addition to
the terms of the Contract, or to the work or to the Specifications.
6. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide
General Policyholder's rating of " " and Financial Category of "Class
”.
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals,
this day of 2023, A.D., the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
WITNESS: If Sole Ownership or Partnership, two (2) Witnesses Required; If Corporation, Secretary
Only will attest and affix seal.
FOR THE CONTRACTOR:
WITNESS:
Secretary Name of Corporation
By:
(Affix Corporate Seal) Print Name:
Title:
FOR THE SURETY:
WITNESS:
Agent and Attorney-in-Fact
Print Name:
Title:
Address:
Telephone:
43 of 79 106
ATTACHMENT A
SAMPLE OF CONTRACT
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this day of
, 2023 (the “Effective Date”) by and between the CITY OF SOUTH MIAMI,
FLORIDA, a Florida municipal corporation, (the “City”), and [INSERT CONTRACTOR’S NAME], a
[INSERT TYPE OF ENTITY] (the “Contractor”).
WHEREAS, the City issued Invitation to Bid No. PW2023-10 (the “ITB”) for construction
of “DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET,” South Miami, FL 33143 (the “Project”), which ITB is incorporated herein by reference
and made a part hereof as Exhibit “A”; and
WHEREAS, in response to the City’s ITB, the Contractor submitted a bid for the Project (“Bid”),
which Bid is incorporated herein by reference and made a part hereof as Exhibit “B”; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in the amount of
[$_______________] in response to the ITB and was selected and awarded this Contract pursuant to
Resolution No. for performance of the Work (as hereinafter defined); and
WHEREAS, Contractor has represented to the City that it possesses the necessary qualifications,
experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the
terms and conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
1. SCOPE OF WORK
1.1. Scope of Work. 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 prepared by Stantec (the “Project Consultant”) attached hereto as Exhibit
“A” (the “Plans”) and any other documents incorporated herein by reference and made a part of
this Contract for the following Project:
“DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH & 70TH
STREET”
1.2. Pre-Construction Conference. Within fourteen (14) calendar days after this Contract is
executed by both parties, and before any Work has commenced, a pre-construction conference will
be held between the City, the Contractor, and the Project Consultant. The Contractor must submit
its project schedule and schedule of values, if applicable, prior to this conference.
1.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
1.3.1. Schedule must identify the schedule for each location comprising the Project. The proposed
Project schedule must be submitted within ten (10) calendar days from the date this Contract is
44 of 79 107
executed by both parties for the review and approval of the Project Consultant or City as applicable.
This initial schedule shall establish the baseline schedule for the Project.
1.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule tracked against the baseline must
also be submitted upon execution of each Change Order that impacts the Contract Time. Failure to
submit such schedules will result in the rejection of any submitted payment application.
1.3.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the City.
At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
1.4. Records.
1.4.1. As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built Record
Drawings showing correctly and accurately all changes and deviations made during construction to
reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the
As-Built Drawings for errors and omissions prior to submittal to the City and to certify in writing
that the As-Built Record Drawings are correct and accurate, including the actual location of all
infrastructure, internal piping, and electrical/signal conduits in or below the concrete floor (indicating
the size, depth, and voltage in each conduit). To record actual construction, Contractor must legibly
mark on-site structures and site Work as follows:
1.4.1.1. Depths of various elements of foundation in relation to finish first floor datum.
1.4.1.2. All underground piping and ductwork with elevations and dimensions and locations of
valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground
utilities and appurtenances referenced to permanent surface improvements. Actual installed pipe
material, class, etc.
1.4.1.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors, fans and other items needing periodic maintenance.
1.4.1.4. Field changes in dimensions and details.
1.4.1.5. Changes made by Project Consultant’s written instructions or by Change Order.
1.4.1.6. Details not on original Contract Drawings.
1.4.1.7. Equipment, conduit, electrical panel locations.
1.4.1.8. Project Consultant’s schedule changes according to Contractor’s records and shop
drawings.
1.4.1.9. Specifications and Addenda: Legibly mark each section to record:
1.4.1.9.1. Manufacturer, trade name, catalog number and Supplier of each product and item
of equipment actually installed.
1.4.1.9.2. Changes made by Project Consultant’s written instructions or by Change Order.
1.4.1.10. Approved Shop Drawings: Provide record copies for each process, equipment, piping,
electrical system and instrumentation system.
45 of 79 108
1.4.1.10.1. As-built documents must be updated monthly as a condition precedent to
payment. A final survey signed and sealed by a surveyor must be provided to the City at no
additional cost, including digital l (CAD and PDF) versions.
1.4.1.10.2. For construction of new building, or building additions, field improvements, and
or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed
Registered Land Surveyor.
1.4.2. Record Set. Contractor must maintain in a safe place one record copy and one permit set
of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments,
COs, RFIs, and field directives, as well as all written interpretations and clarifications issued by the
Project Consultant, in good order and annotated to show all changes made during construction. The
record documents must be continuously updated by Contractor throughout the prosecution of the
Work to accurately reflect all field changes that are made to adapt the Work to field conditions,
changes resulting from COs and/or field directives as well as all written interpretations and
clarifications, and all concealed and buried installations of piping, conduit and utility services.
Contractor must certify the accuracy of the updated record documents. The record documents must
be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in
red. Upon Final Completion and as a condition precedent to Contractor’s entitlement to final
payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record
Set of Drawing must be submitted in both hard copy and as electronic plot files.
1.4.3. Construction Photographs. Prior to commencement of the Work the Contractor must
take digital photographs and color audio-video recording to document existing conditions and submit
copies in an acceptable format to the City. Contractor must submit with each application for payment
photographs that accurately reflect the progress of all aspects of the Work. The number of
photographs to be taken will be based on the magnitude of the Work being performed. Contractor
must submit one copy of each photograph in print and digitally. The photographs must be printed on
8” X 10” high resolution glossy commercial grade and weight color photographic print paper or in a
format acceptable to the City. Each photograph must be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs must be taken using .jpeg
format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash
drive clearly identifying the name of the Project, the name of the Contractor, and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each
picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic
sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold
all print pictures.
1.5. Staging Site.
1.5.1. The Contractor is solely responsible for making all arrangements for any staging site(s) that
may be necessary for the performance of the Work and the Contractor is responsible for all site
security, including any fencing of the site, and any loss, damage or theft to its equipment and materials.
Any fencing of the Staging Site is subject to the prior written approval of the City.
1.5.2. The City at its sole discretion may make a staging site available for use by the Contractor. If
such site is made available by the City, the City assumes no responsibility or liability for the equipment
or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or
theft to its equipment and materials. The Contractor must restore the site to its pre-existing
condition prior to the Contractor’s use of the site.
1.5.3. The Contractor may be required to provide or may choose to use an office trailer for the
duration of the Project. The Contractor must have the prior written approval of the City as to the
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use of any office trailer and the placement location for the office trailer. The Contractor must obtain
all required permits from the appropriate regulatory agencies.
1.5.4. No parking is permitted at a City provided staging site without the prior written approval of
the City.
1.6. Purchase and Delivery, Storage and Installation. All materials must be F.O.B. delivered and
included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading
and installation of all equipment and material(s). Contractor must make all arrangement for delivery.
Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with
suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and
local laws, rules and regulations. No materials will be stored on-site without the prior written approval of
the City.
1.7. Approval of Subcontractors. For any scope of work that the Contractor will utilize a
subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor with
the prior written approval of the City Manager, which approval may be granted or withheld in the City
Manager’s sole and absolute discretion. The Contractor shall provide at least fourteen (14) days notice to
the City Manager and the Project Consultant of its intent to retain or utilize a subcontractor.
1.8. Project Signage. Contractor must furnish and install two (2) Project signs at the Project Site in
accordance with the requirements provided by the Project Consultant or the City as applicable.
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 Manager or designee. The Notice to
Proceed will not be issued until Contractor's submission to City of all 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 shall be substantially completed within ninety 90 calendar
days from the date specified in the Notice to Proceed (“Contract Time”). 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 accordance with the Contract Documents within ninety
90 calendar days from the date specified in the Notice to Proceed (“Final Completion
Time”). The Final Completion date is defined as the date determined by the City when all Work, including
punch list items, has been completed in accordance with the Contract Documents and Contractor has
delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work as defined in this Agreement within
the Contract Time, Contractor shall pay to City the sum of $1,000.00 SUBSTANTIAL
COMPLETION LIQUIDATED DAMAGES for each calendar day after the expiration of the Contract
Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor
achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final
Completion within the Final Completion Time, Contractor shall pay to City the sum of $1,000.00 FINAL
COMPLETION LIQUIDATED DAMAGES for each calendar day after expiration of the Final
Completion Time that the Contractor fails to achieve Final Completion up until the date that the
Contractor achieves Final Completion. 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 Work on time. The above-stated liquidated
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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.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed Maximum Price. The City shall pay the Contractor an amount not to exceed
$ for the performance of the Work in accordance with the line items
and unit prices included in Exhibit “B” (the “Contract Price”). The 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. The Contract Price shall include
all applicable sales taxes as required by law.
3.2. Schedule of Values. The Contractor must submit two copies of schedule of values within ten (10)
calendar days from the date this Contract is executed by both parties. The schedule of values shall
indicate a complete breakdown of labor and material of all categories of Work on the Project.
Contractor’s overhead and profit must be listed as separate line items. Each line item must be identified
with the number and title of the major specification section or major components of the items. The
Project Consultant or City as applicable may require further breakdown after review of the Contractor’s
submittal. The City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the schedule of values. The combined total value for mobilization
under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Sched ule
of Values must be incorporated into the Contractor’s payment application form. The Contractor
guarantees that each individual line item contained in the schedule of values submitted as part of a
competitive solicitation shall not be increased without written approval by the City Manager.
3.3. Payment Application Procedures. 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 for Payment shall be submitted monthly by Contractor on or before
the 10th of each month for the prior month to the Project Consultant. Progress payments shall be made
in an amount equal to the percentage of Work completed as determined by the City or City’s Project
Consultant, 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 Values,
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.
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3.4. Progress Payment Applications. Each progress payment application submitted to the City
must include:
3.4.1. A sworn and certified progress payment affidavit indicating that all laborers, material
suppliers, and subcontractors dealing with the Contractor were paid in full as it relates to all
Work performed up to the time of the request for payment;
3.4.2. Partial conditional releases or waivers of lien by the Contractor, material suppliers,
subcontractors, and any lienors serving a Notice to the City and evidence of proof of payment of
any indebtedness incurred with respect to the Work of the Contractor as may be required by
the City;
3.4.3. Evidence that all Work was fully performed as required by the Contract Documents up to
the time of the request for payment and that the Work was inspected and accepted by the Cit y
and any other governmental authorities required to inspect the Work; and
3.4.4. An updated Project schedule, including a two-week look-ahead schedule, as approved in
writing by the City Manager.
3.4.5. All Buy-Out Savings, including supporting documentation relating to the calculation of the
Buy-Out Savings.
3.5. Final Payment. 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 (including Retainage) as recommended by the City’s Project
Consultant and Building Official. Final payment is contingent upon receipt by City from Contractor of:
3.5.1. An affidavit that payrolls, bills for materials, equipment, and other indebtedness were paid
in full as it relates to all Work performed under this Contract;
3.5.2. A certificate evidencing that insurance required by the Contract Documents shall remain
in effect after final payment is made;
3.5.3. A written statement that the Contractor knows of no reason that the insurance will not
be renewable to cover the period required by the Contract Documents;
3.5.4. Documentation of any special warranties, including, but not limited to, any manufactures’
warranties or specific subcontractor warranties;
3.5.5. Evidence that all Punch List items have been fully completed to the satisfaction of the City;
3.5.6. All previously undelivered manufacturer and subcontractor guarantees, warranties, and
manuals and documents required by the Contract Documents;
3.5.7. Final releases of lien, waivers of claim, satisfactions of liens or claims, and such other affidavits
as may be reasonably required by the City to assure a lien-free and claim-free completion of the
Work;
3.5.8. Evidence that the Contractor has fully cleaned and restored the site, including removal of all
rubbish and debris;
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3.5.9. At least one complete set of as-built plans, reflecting an accurate depiction of Contractor’s
Work;
3.5.10. .Such other documents necessary to show that the Contractor has complied with all
other requirements of the Contract Documents; and
3.5.11. Cost Savings, including supporting documentation used to calculate the Cost Savings.
3.6. Payment Withholding. The City may withhold any payment, including a final payment, for
application to such extent as may be necessary, as determined by the City’s Project Consultant, to protect
the City from loss for which the Contractor is responsible in the event that:
3.6.1. The Contractor performs defective Work and such Work has not been corrected, provided
that the amount withheld shall be limited to the amount sufficient to cover such defective Work;
3.6.2. A third-party files a claim or lien in connection with the Work or this Contract;
3.6.3. The Contractor fails to make payments properly to subcontractors or suppliers for labor,
materials, or equipment which has been paid by the City, provided that the amount withheld shall be
limited to the amount sufficient to cover such payments to subcontractors or suppliers for labor,
materials, or equipment;
3.6.4. The City has reasonable evidence that the Work cannot be completed for the unpaid balance
of the Contract Sum;
3.6.5. The Contractor, its employees, subcontractors, or agents have damaged the City;
3.6.6. The City has reasonable evidence that the Work will not be completed within the Contract
Time and that the unpaid balance would not be adequate to cover liquidated damages for the
anticipated delay;
3.6.7. The Contractor has failed to progress the Work satisfactorily and/or according to the
Contract Schedule;
3.6.8. The Contractor has failed to carry out the Work in accordance with the Contract
Documents;
3.6.9. The Contractor has failed to provide requisite releases of lien for each payment application
in accordance with the Contract Documents; and/or
3.6.10. Any other failure to perform a material obligation contained in the Contract Documents.
3.7. No Waiver of City Rights. The payment of any Application for Payment by the City, including
the final request for payment, does not constitute approval or acceptance by the 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.
3.8. 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
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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.
3.9. Cost Savings and Value Engineering.
3.9.1. Cost Savings. In the event the Contractor rebids or renegotiates with any subcontractor
to reduce subcontractor costs for the performance of the Work, then the difference between (i) the
sum of the subcontractor costs used to establish the Contract Price, as set forth in the Schedule of
Values, and (ii) the sum of the revised subcontractor costs, including any early payment or similar
discounts (the “Cost Savings”), shall revert to the City. The Contract Price shall be adjusted in
accordance with any Cost Savings through a Change and the Schedule of Values shall also be revised
to reflect the new Contract Price.
3.9.2. Value Engineering. Contractor shall participate in Value Engineering the Contract
Documents with the City and the Architect with the goal of finding acceptable means for reducing
the cost of the Work. Upon acceptance by the City of recommendation for Value Engineering, the
Contract Documents shall be modified to reflect such changes. All savings in connection with Value
Engineering of the Work shall revert to City.
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), the Plans and Specifications attached hereto as Exhibit “A” (the “Plans and
Technical Specifications”), the ITB and any Bidding Documents or procurement documents for the Project,
the Contractor’s Bid for the Project (including the Schedule of Bid Items-Pricing) attached hereto as Exhibit
“B”, 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.
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.
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.
4.4. Conflicts; Order of Priority. This document without exhibits is referred to as the “Base
Agreement.” In the event of a conflict between the terms of this Base Agreement and any exhibits or
attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved
in the following order of priorities and the more stringent criteria for performance of the Work shall
apply:
4.4.1. First Priority: Change Orders with later date taking precedence;
4.4.2. Second Priority: This Base Agreement;
4.4.3. Third Priority: Exhibit “A,” the Plans and Technical Specifications;
4.4.4. Fourth Priority: Exhibit “B,” the Bid; and
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4.4.5. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in
this Section.
5. INDEMNIFICATION
5.1. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless
the City, its officers, agents, consultants, and employees, from and against any and all demands,
claims, losses, expenses, suits, liabilities, causes of action, judgment or damages, including but not
limited to legal fees and costs and through appeal, arising out of, related to, resulting from, or in any
way connected with Contractor’s negligence, recklessness, or intentional misconduct in the
Contractor’s performance or non-performance of this Contract, Contractor’s obligations, or the
Work related to the Contract, including but not limited to by reason of any damage to property,
or bodily injury or death incurred or sustained by any person, or to injury to or destruction of
tangible property or any other property (other than the Work itself) including the loss of use
resulting therefrom, caused in whole or in part by any willful, wanton, or negligent, or grossly
negligent acts or omissions of Contractor, any subcontractor, any person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by applicable law and regardless of the negligence
of any such party.. Additionally, the 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 other employment related litigation or worker’s compensation claims under federal, state,
or local law.
5.2. The provisions of this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance.
6.1.1. 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 the 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.
6.1.1.1. 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
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Contractor. The General Aggregate Liability limit (except for Products/Completed Operations)
shall be in the amount of $2,000,000.
6.1.1.2. 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 Services
pursuant to this Agreement who is not covered by Worker’s Compensation insurance. In
order for this requirement to be waived, Contractor must provide proof of exemption from
such laws. Information regarding eligibility for an exemption from the State of Florida
Workers’ Compensation Law is available at:
https://www.myfloridacfo.com/Division/wc/PublicationsFormsManualsReports/Brochures/Ke
y-Coverage-and-Eligibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial Services,
Division of Workers’ Compensation at:
https://www.myfloridacfo.com/Division/wc/Employer/Exemptions/default.htm.
6.1.1.3. 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.
6.1.1.4. Builder’s Risk property insurance upon the entire Work to the full replacement cost
value thereof. This insurance shall include the interest of City and Contractor and shall
provide All-Risk coverage against loss by physical damage including, but not limited to, Fire ,
Extended Coverage, Theft, Vandalism and Malicious Mischief. If Builder’s Risk insurance is
not required for this Project, the City shall select this box: ☒.
6.1.1.5. 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 so le cost and
expense, in accordance with the Contract Documents.
6.1.2. 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.
6.1.2.1. 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
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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 in terest
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.
6.1.2.2. 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.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. Prior to performing any portion of the Work 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. As authorized by Section 255.05(1)(a), Florida Statutes, if this Project is
exempt from posting of a payment and performance bond, the City shall select this box:
☐.
7. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1.1. Contractor represents the following:
7.1.1.1. 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.
7.1.1.2. 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.
7.1.1.3. 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
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Work. Contractor agrees that it will at all times comply with all requirements of the foregoing
laws, regulations and permits.
7.1.1.4. 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, 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.
7.1.1.5. 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.
7.1.1.6. 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.
7.1.1.7. 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.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications
and 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. No recovery for changed market conditions.
7.2.1. In entering into the Contract, Contractor represents and warrants that it has accounted
for any and all inflation-related events, recession, labor or material shortages, supply chain
disruptions, delivery lead time, or price increases that may be caused by local and or national
conditions, whether known or unknown at the time of entering into the Contract (the “Market
Conditions”). Contractor further specifically represents and warrants that it has considered all
impacts and potential impacts, including any current and future supply chain disruptions and labor
shortages, associated with the following events: (1) worldwide pandemics including, but not limited
to, COVID-19 and Monkey Pox (the “Pandemics”) and (2) the current military conflict involving
Russia and the Ukraine (the “Ukraine Military Conflict”). Contractor also represents and warrants
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that in determining time requirements for procurement, installation, and construction completion,
Contractor has taken into account the impacts of Market Conditions, the Pandemics, and the
Ukraine Military Conflict, and has included all of those factors in the Construction Schedule and
Contract Sum.
7.2.2. Contractor shall not seek any price increases or time extensions relating to or arising from
the impacts of any Market Conditions, the Pandemics or Ukraine Military Conflict.
7.2.3. The City shall not make any adjustment in the Contract Sum or grant an extension to the
Contract Time in connection with any failure by the Contractor to comply with the requirements
of this Section.
7.3. Contractor warrants the following:
7.3.1. 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.
7.3.2. 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.
7.3.3. Licensing. Contractor represents that it is a properly qualified and licensed contractor in
good standing within the jurisdiction within which the Project is located. Contractor warrants
that it shall have, prior to commencement of Work under this Contract and at all times during
said Work, all required licenses from the federal, state, Miami-Dade County, City, or other
governmental or regulatory entity. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
licenses.
7.3.4. Permits. Contractor warrants that it shall have, prior to commencement of Work under
this Contract and at all times during said Work, all required permits from the federal, state, Miami-
Dade County, City, or other governmental or regulatory entity with jurisdiction over the site that
are necessary to perform the Work. Contractor acknowledges that it is the obligation of
Contractor to obtain all permits required for this Project, including City building permits. Prior
to commencement of the Work, the Contractor shall provide the City with copies of all required
permits. City building permit fees may be waived for this Project. If permits are required by any
other governing body or agency, the Contractor shall be obligated to pay the fees.
7.4. Defective Work; Warranty and Guarantee.
7.4.1. 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 non-defective Work. Contractor shall bear all direct,
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indirect and consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
7.4.2. 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 the City or its designee, 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.
7.4.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment
furnished and Work performed for a period of three (3) years from the date of Substantial
Completion. If, within three (3) years 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. Should the manufacturer of any materials and
equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty
to the City prior to Final Completion. 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.
7.4.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
8. DEFAULT, TERMINATION, AND SUSPENSION; REMEDIES
8.1. Termination for Cause. If Contractor fails to timely begin the Work, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 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 after sending Contractor a 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. Termination for Convenience. 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
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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.
8.3. Suspension of Contract. This Contract may be suspended for convenience by the City upon
seven (7) calendar days’ written notice to the Contractor or immediately if suspended in connection
with a local or state declaration of emergency. Suspension of the Work will entitle the Contractor to
additional Contract Time as a non-compensable, excusable delay.
8.4. Termination Due to Lack of Funding. This Contract is subject to the conditions precedent that:
(i) City funds are available, appropriated, and budgeted for the Work, the Project, and/or Contract Price;
(ii) the City secures and obtains any necessary proceeds, grants, and/or loans for the accomplishment of
the Work and/or the 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.
8.5. 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.
8.6. Waiver of Consequential Damages. Contractor assumes all risks for the following items, none of
which shall be the subject of any Change Order or Claim and none of which shall be compensated for
except as they may have been included in the Contractor’s Contract Price as provided in the Contract
Documents: Loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business
opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid,
inefficiencies, costs to prepare a bid, cost to prepare a quote for a change in the Work, costs to prepare,
negotiate or prosecute Claims, and loss of projects not bid upon, or any other indirect and consequential
costs not listed herein. No compensation shall be made for loss of anticipated profits from any deleted
Work.
8.7. Litigation of Claims. Mediation shall not be required before either party may proceed to litigation.
8.8. 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. CHANGES IN THE WORK
9.1. Change Orders.
9.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the City
reserves the right to make increases, decreases or other changes in the character or quantity of the
Work under the Contract Documents as may be considered necessary or desirable to complete the
Work in a manner satisfactory to the City. The City reserves the right to order changes, which may
result in additions to or reductions from the amount, type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and all such changes
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will be authorized only by a change order (“CO”) approved in advance, and issued in accordance with
provisions of the Contract Documents.
9.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project
Consultant with a detailed Request for Change Order (“RCO”) in a form approved by the City,
which must include the requested revisions to the Contract, including, but not limited to, adjustments
in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting
documentation to demonstrate the reasonableness of the RCO. The City may require Contractor
to provide additional data including, but not limited to, a cost breakdown of material costs, labor
costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable,
the RCO must include any schedule revisions accompanied by an explanation of the cost impact of
the proposed change. Failure to include schedule revisions in an RCO will be deemed as the
Contractor’s acknowledgement that the changes included in an RCO will not affect the project
schedule.
9.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be
effectuated through a written CO executed by both parties and, if required by the City Code of
Ordinances, approved by the City Council.
9.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given
that time is of the essence, the City reserves the right, at its sole option, to direct the Contractor to
proceed on a time and materials basis or make such arrangements as may be deemed necessary to
complete the proposed additional Work at the unit prices provided in the Contract Documents.
Where the City directs the Contractor to proceed on a time and materials basis, the City shall
impose a maximum not-to-exceed amount and the Contractor must maintain detailed records of all
labor and material costs including but not limited to payroll records and material receipts. Contractor
must demonstrate its costs with sufficient evidence to be entitled to compensation from the City.
9.2. Continuing the Work. Contractor must continue to perform all Work under the Contract
Documents during all disputes or disagreements with City, including disputes or disagreements concerning
an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements.
10. MISCELLANEOUS
10.1. 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 Manager.
10.2. Contractor’s Responsibility for Damages and Accidents.
10.2.1. 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.
10.2.2. 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.
10.3. 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.
10.4. 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
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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.
10.5. 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 from the non-
prevailing party all reasonable costs, expenses, paralegals’ fees, experts’ fees and attorneys' fees including,
but not limited to, court costs and other expenses through all trial and appellate levels. In addition, the
prevailing party shall be entitled to recover from the non-prevailing party all litigation costs associated
with discovery, processing, management, hosting, and production of electronically stored information
(ESI).
10.6. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in
particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this
Agreement at its own expense. Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
10.7. Examination and Retention of Contractor’s Records.
10.7.1. The City or any of its duly authorized representatives shall, for five (5) years after final
payment under this Contract, have access to and the right to examine any of the Contractor’s books,
ledgers, documents, papers, or other records involving transactions related to this Contract for the
purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes.
10.7.2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of records.
10.7.3. The right to access and examination of records stated herein and in any subcontracts shall
survive termination or expiration of this Contract and continue until disposition of any mediation,
claims, litigation or appeals related to this Project.
10.7.4. The City may cancel and terminate this Contract immediately for refusal by the Contractor
to allow access by the City Manager or designees to any Records pertaining to work performed
under this Contact that are subject to the provisions of Chapter 119, Florida Statutes.
10.8. Authorized Representative.
10.8.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and 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.
10.8.2. The Authorized Representative, project managers, superintendents and supervisors for
the Project are all subject to prior and continuous approval of the 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 the City,
Contractor shall replace the unacceptable personnel with personnel acceptable to the City.
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10.9. 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 the City harmless from
any liability on account of any and all such taxes, levies, duties and assessments.
10.10. Utilities. Contractor shall, at its expense, 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
shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the
requirements of this Contract.
10.11. 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 and in full compliance with Occupational Safety and Health Act requirements and
all other similar applicable safety laws or codes. 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.
10.12. 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.
10.13. 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.
10.14. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes,
and (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including
execution of any required affidavit.
10.15. 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,
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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.
10.16. 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 requested, or by a private postal service, addressed
to the parties (or their successors) at the addresses listed on the signature page of th is Contract or
such other address as the party may have designated by proper notice.
10.17. Ownership and Access to Records and Audits.
10.17.1. 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 Contract (“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
Contract) to establish and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
10.17.2. Contractor agrees to keep and maintain public records in Contractor’s possession or
control in connection with Contractor’s performance under this Contract. The City Manager or
her designee shall, during the term of this Contract and for a period of five (5) years from the
date of termination of this Contract, have access to and the right to examine and audit any records
of the Contractor involving transactions related to this Contract. 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
Contract, and following completion of the Contract until the records are transferred to the City.
10.17.3. 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.
10.17.4. 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
Contract are and shall remain the property of the City.
10.17.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract 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 Contract, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
10.17.6. Any compensation due to Contractor shall be withheld until all records are received as
provided herein.
10.17.7. Contractor’s failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Contract by the City.
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10.17.8. 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
10.18. 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 entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes;
will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including
but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
11. SPECIAL CONDITIONS
The following provisions in this Section 10 supersede any other 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:
11.1. Unsatisfactory Personnel.
11.1.1. Contractor must at all times enforce strict discipline and good order among its employees
and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or
anyone not skilled in the Work to which they are assigned.
11.1.2. The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Subcontractor
engaged by the Contractor to provide and perform services or Work pursuant to the requirements
of the Contract Documents. The Contractor must respond to the City within five (5) calendar days
of receipt of such request with either the removal and replacement of such personnel or written
justification as to why that may not occur. The City will make the final determination as to the
removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individual(s).
11.2. 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 including, without limitation, the City
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Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above
without the prior written approval of the City.
11.3. Maintenance of Traffic. Whenever required by the scope of Work, by federal, state, or local law,
or requested by the City to protect the public health, safety, and welfare, a Maintenance of Traffic (“MOT”)
must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further
stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department
of Transportation, FHWA), must be followed in the design, application, installation, maintenance and
removal of all traffic control devices, warning devices and barriers necessary to protect the public and
workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and
protected at all times. Prior to commencement of the Work, Contractor must provide the City with a
proposed MOT plan for review. The City may require revisions to the proposed MOT plan. The MOT plan
must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the
issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
11.4. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner
be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
11.5. Substitutions. Substitution of any specified material or equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide sufficient
information and documentation to the Project Consultant to allow for a thorough review and determination
on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the
Contractor’s responsibility to meet the requirements of the Contract Documents. The City may require
an adjustment in price based on any proposed substitution.
11.6. Severe Weather Preparedness. During such periods of time as are designated by the United
States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch
or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work
in response to all threatened storm events, regardless of whether the Contractor has been given notice of
same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather
event or alert precautions will not constitute additional work. Suspension of the Work caused by a
threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle
the Contractor to additional Contract Time as non-compensable, excusable delay.
11.7. American Rescue Plan Act Contract Conditions. The Contractor acknowledges that the
Work 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”). Towards that end, the
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 Contract Conditions. If compliance with the ARPA Addendum is required,
the City shall select this box: ☐.
11.8. Grant Funding. The Contractor acknowledges that the Work may be fully or partially funded
utilizing funds from the grants listed below (each a “Grant”). Accordingly, the Contractor warrants and
represents that it has reviewed the terms and conditions for each Grant and will perform the Work in
accordance with the terms and conditions of the Grant. If the Work will be funded utilizing Grant funds,
the City shall select this box: ☐.
Grant Title Grant Agreement Exhibit
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If the Work will be funded utilizing Grant funds, the City shall select this box:.
11.9. DBE Contract Assurance.
11.9.1. The City affirms it has encouraged women-owned, minority-owned, and disadvantaged
businesses of the Project and be responsive to the opportunity of the award of this Contract.
11.9.2. Contractor, or any subcontractor performing Work under this Contract, shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFE Part 26 in the award and
administration of this Contract. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such
other remedy as the City deems appropriate.
11.10. Scrutinized Companies.
11.10.1. Contractor 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 this
Agreement at its sole option if the Contractor or its subcontractors are found to have submitted
a false certification; or if the Contractor, 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.
11.10.2. If this Agreement is for more than one million dollars, the Contractor 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 this Agreement at its sole option if the
Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or
if the Contractor, 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.
11.10.3. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
11.10.4. 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.
65 of 79 128
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)
66 of 79 129
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
67 of 79 130
NOTICE TO PROCEED
Dated: , 20
To: `
Project Name: DRAINAGE IMPROVEMENTS AT SW 63 AVENUE BETWEEN 69TH &
70TH STREET
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:
68 of 79 131
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.
69 of 79 132
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
70 of 79 133
71 of 79134INDEX OF SHEETS SHEET NO. C-00 G-01 G-02 G-03 C-01 C-02 C-03 S-01 SHEET DESCRIPTION COVERSHEET SUMMARY OF QUANTITIES GENERAL NOTES DETAILS SITE PLAN DRAINAGE STRUCTURES PAVEMENT MARKING PLAN TOPOGRAPHIC SURVEY THE SCALE OF THESE DRAWINGS MAY HAVE CHANGED DUE TO REPRODUCTION Tho ConlroClorW101v~ and be rcnponi.blo torold'memlorlS. 00 NCI scolo Tho orowing-ony~oto~snolbe,cpofle<l lOSlonlCCWIII\Ol.;1 dcloy. The Copyrishh to cl d~ ond drowincs ae lhe :,ropeny ot S!o-ilec. ieorodudlon 0,1,:~c 11:J' onv purpose other !hon 11101 oulhorltecl t>y Stent&<: I: IO'bldden. ••••••••APPROVALS•••••••• SU81JlllALill'PHCl',',I.L P£HMIT DATE DA.TE i.Ull!IEA CITY OF SOUTH Ml VIEW SW 63RD AVENUE IMPRO -~ L:AL CAPITAL IMPROVEMENTSJ?v ~ ONMENTAL SOUTH MIAMI, FLORID~ESOURCES MANAGEM~N_T FOR· NAME (P 1)J)f 8 fJ!f=;;.;,L,'.fL.l-~'1/J.t!:..~~ q <G,<'JI s: ... ~,•,:n i:~~,!laf,~n ,......,..'>I ., .. ~·· T11~1•, ~'lt:.t'IC Co.in,,:..,;, '3 ; """ ... ~"' ! ~ ,,JJSC'Wl':n•:i.ot.'14' ~·~ •:.. ,~ ... c~ 9 ' . ; ' 0 ~ ---=-:::,;:;;:: ~ OATt 6 .:::o';.>; p-:'. !_" { ... --· "~~ ·:=·~••><•;9 :::·::: ;:~;~;_:•·:~~ LOCATION MAP Sca!e:NTS ., Ml PROJECT No. 215618147 CITY COMMISSION: MAYOR: JAVIER FERNANDEZ VICE-MAYOR: LISA BONICH COMMISSIONER: STEVE CALLE COMMISSIONER: JOSH LIEBMAN COMMISSIONER: BRIAN COREY 100% SUBMITTAL MARCH 2023 APPROVED BY Stantec CARLOS M. HERDOCLA, P.E. 901 Ponce de Leon Blvd. Suite 900 Coral Gables, Florida 33134 Tel. 305-445-2900 Fax. 305-445-3344 www.stantec.com REGISTERED ENGINEER NO. 00000 STATE OF FLORIDA
72 of 79135SUMMARY OF QUANTITIES PAY ITEM NO. ITEM UNIT PLAN FINAL 101-1 MOBlLIZATION LS. 1 102-1 WJNIDIANCE Of 1RAfFIC LS. 1 104-10-3 PREVENllON, CONTROL ANO ASAat~E<~ OF EROS:ON ANJ WAlER POU.UIJON {SWPPP) L.S. 1 110-H CLEARING AND GRUBBlNG L.S. 1 110-15-2 EXISTING '!REE PROTECTION A'D PRESERVAcON LS. 1 160-4 TYPE il" STAlllUZAllON (12") (M!N. LB.R. OF 40) S.Y. 310 285-706 LIMEROCK BASE {B") (PRIMED) S.Y. 310 307-70-1 M!WNG EXISTING A.5PHALT PAVE~Err-, 1" AVG. CEPTH s:':". 525 337-7-82 ASPHALT CONCREl'E FRICTION COURSE 7RAmC C, SP-9.5 (1" 1HICK) (RESURFACING) TON 29 425-1521 INL£f, DITCH BOTTOM, TYPE "C" (24"X37") EACH 3 425-1-201 INL£f, TYPE "C" (3'0) EACH 3 425-2-71 MANHOL£, TYPE "J" (5¢) EACH 3 430-175-115 HOPE PIPE, 15" OW.lffiR LF. 75 443-70-4 EXFlLlRATION DR.AJN (24 ") (INCLUDES 8AllASI ROCK, TRENCH AND PLASllC FlLlER FABRIC) LF. 200 522-1 CONCRElE SIDEWALK (4" THICK) S.Y. 15 570-1-2 SODDING S.Y. 150 706-3 RETRO-REFLECTIVE PAVEMENT MARKERS (RPMs) EACH 24 711-15-201 lHERMOPLASJlC, STANDARD, Y-w.OW, so~o. s· LF. 150 711-11-121 lHERMOPLASllC, STANDAAD, WHIT, SO~D. 6' LF. 150 PAY ITEM NOTES 102-1 INCLUDES THE COST OF FURNISHING, INSTAWNG AND REMOVING ALL ITEMS OF MAINTENANCE OF TRAFFIC NOT PAID FOR UNDER SEPARATE ITEMS INCLUDING BUT NOT UMITED TO SIGNS, BARRICADES, FLASHING LIGHTS. lEMPDRARY PAVEMENT MARKING, TRAFFIC SIGNAL MODIFlCATION FOR TRAFFIC CONTROL, ETC. '" ----~ Seal Con~ultants -------Stantec City of South Miami SUMMARY OF QUANTITIES --------------SW 63RD AVENUE IMPROVEMENTS -------901PoocoooLoon!ll-.d.Sullo900 Project No. ·~· ------CorolGobhl'lorloo:13134 M!AM!-OADE COUNlY, FLORIDA 215618147 -------ww-,.11,mtcc:.rnm ---------Taoc:o-ir,,1,:10,"'°l'""'Yo""t,o,"'"'°""~lc,01a.~OO ~01,c.,,.iM n. Nomo: -----Drawing No. Sheet Revision CAALOS!,I.HrROOC!A,P.E. <l•o..w,,,i•o.,,.,,,.,,,a-cm-tson11h<llOO,opc,1oct<,~ton•~c""1"""'0"1:" MS CH 18.05.12 Rfl\tiO~ ~ ~~ is,~;:;:i ~ ~"!TJ,lt.1.00 RE:CIS!ffiffi ENClNITR NO. 47660 ~~~~~~==~:-~:.:~!~1~::.,,:;::~;;~pmm,c1-,,, -;:;;:--;-~~ G-01 ,, !iTAlt:OFf'U)R1~
73 of 79136I. APP! ICABl E CODfS' A. PRIOR TO 810, THE CONTRACTOR SHALL VISIT THE SITE AND SHALL FUU. Y ACQUAINT HIMSELF WITH COND1TIONS RELATING TO CONSTRUCTION, TO INCLUDE DIFFlCULTIES ANO RESTRICTIONS RELATED TD EXECUTION Of THE WORK, AND EX!STINC CONDITIONS, 8. SHOULD THERE BE DISCREPANCIES, OMISSIONS. CONFLICTING STATEMENTS OR QtJESTIONS Of INTENT IN TI-IE CONS"'ffiUC1lON DOCUMENTS, THE CON"'ffiACTOR SHAU. NOTIFY THE CfJ'Y Of SOUTH MIAMI PROJECT MANACER lMMEOIA ffi Y UPON O!SCOYERY. C. CON1RACTOR SHALL VERIFY All DIMENSIONS ANO CONDITIONS lN THE FIELD AND SHAU. NOTIFY THE PROJECT MANACER Of ANY DISCREPANCIES, OMlSSIONS ANO/OR ANY OTl1ER CONFUCTS OR IRREGULARITIES PRIOR TO THE COMMENCEMENT OF ANY WORK. 0. AU. CONS~l;CT1:::N AND MATERIALS SHALL CONFORM TO THE STANDARDS AND SPECIF1CA TIONS Of lHE C:-:-Y OF SCU"1'}1 MIA.Mi, MIAMI-DADE COUNTY D.E.R.M •• F.0.0,T. DESIGN STANDARDS 19-2.02.D. flOR!DA SJ::..DINC COO£ ANO ALL OTI-iER LOCAL. STA TE ANO FEDERAL CODES WHERE APPLICABLE. E. ALL CONSTRUC';lO;'i S.'-!Al..L SE CONE IN A SAFE MANNER ANO IN STRICT COMPLIANCE \YITH AU. THE RrnJIRE),1£NTS OF FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AND ALL STA':: ANO LOCAL SAFETY ANO HEALTH REGULATIONS. F. AU. ElEVAT'O'.lS SHOnN ON '11-JE CONSTRUCTION DRAWINGS ARE BASED ON NATIONAL CEODETICAL VER".l:::A:. 0.AT'.JlA OF 1929, (N,C.V.O.}. UNLESS OTHERWISE NOTED. C. RECUlATOR~ SPfD ESTABUSHEO V.lTHfN THE WORK ZONE TRAVEL WAYS SHALL BE 20 M.P.H, REDUCED S?EE:l ANC RECiJLATCRY SPEED SICNS SHALL SE INSTALLED ON SEPARATE POSTS IN ACCORDANCE ~;;, THE STANDARO INDEXES ANO MUTCO. COORD!NATE WITH THE C!'TY OF SOUTH MIAMI IN ADVANCE. II. PRECONSIBUCTION RESPON51BII rnES· A. UPON THE RECBPT OF THE "NOTICE TO PROCEED", THE CONTRACTOR SHALL CONTACT THE ENClNEER OF RECORD AND ARRANCE A ?RECONSTRUCTION CONFERENCE TO INCLUDE C!TY Of SOUTH 1,HAM! PROJECT REPRESENT A TIYE ANO THE ENCi NEER Of RECORD. 8. THE CONTRACTOR SHALL OBTA!N A "SUNSHINE STA TE ONE CALL FOR FLORIDA, INC." CERTlflCATION NUMBER AT LEAST 48 HOURS PRIOR TO BECINNINC AN EXCAVATION. C. ALL UTILITY EASEMENTS TO BE SECURED PRIOR TO CONSTRUCTION. (IF REQUIRED) 0. LOCA.TJO~ OF' EXIST'NC FACtLITIES AS SHOWN ON CONSlR:.J::".':ON DRAW:N:;::S ARE. DRAWN FROM AVAILABLE RECORDS. lHE ENGL'sE£R & Th£ err ASSUMES NO RESPONSIBILITY FOR THE ACCURAC':' CF' Tr!E F'ACIUT1ES SHOWN CR fOR ANY FACILITY NOT SHOWN. \IERIFY "'.'HE EL Di A TTC/\iS AND LOCATION OF EXISTIN::; .:: ACR.rTTES PRIOR TO CONSTRUCTION. !f AN EXISTING CCNSTR;.;CT.ON IS DISCOVERED UPON EXCAVAT10N, THE CONlRA.CTCR SHAU. IM!.lEDIATEL'!' NOTIFY THE ENGINEER Of RECORD SO THA.T AP?RCPRCATE M£ASURES CAN BE TAKEN TO RESOLVE '!HE PR83:...EM E. CONlRAC':"CR :s RESPCNSlSL£ TO PROTECT All LANO CORNERS AND MO'sJMS-.1"3. F. CONTRACTCR ':"C CAREflJLLY PREVENT ANY DAMAGE ON DRIVEWAYS, OTHERWISE IT WIU. EE REPAiREP AT NO COST TO THE CITY. C. CONTRACTOR Will SECURE WORK SITE TO PROTECT THE PUBLIC HEAL TH ANO WELFARE. H. CONTRACTOR SHALL BE RESPONSIBLE FOR PRO\ltOING A PROPER STAClNC AREA OR STAGING ANO MATERIAL STORAGE SHALL NOT BE CONDUCTED ON A6UTT1NC PRIVATE PROPERTY WITHOUT 'NR!TTEN APPROVAL FROM THE OWNER. I. CONTRACTOR SHAU.. ASSIST THE C!TY \IIITH THE HANOUNC OF THE PUBLIC INFORMATION MA"IERIALS, INCLUOINC CITIZENS NOllflCATION LETTERS AND PROJECT CONSTRUCllON SICN, PRIOR TO START OF EACH SIGNIFICANT PHASE OF CONSTRUCTION. COST OF TH!S WORK SHALL BE INCLUOEO IN THE MOT ITEM. II!.~ A. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ANY REQUIRED PERM!T, !V. ~ A. '!HE CONTRAc-oR Sl,ALL NOTIFY THE ENGINEER OF RECORD & THE CITY Of SOIJlH MIAl,J.I AT \.£AST 48 HOURS PR!OR TO BECINNINC CONSTRUCTION AND PRl8.:: TD 11--1£ 1NS?ECTlON OF THE FOLLO\IIINC ITEMS, WHERE AP?l..JCABLE: 1. Cll'.AR!NC: AN:J FlLUNC 2. CONCRETE WCRi< 3. SlRIPISC 4. ANAL V. SHPP PRAWJNCS· A. PRIOR TO THEIR CONSTRUCllON OR INSTALLATION. SHOP ORAWINCS SHALL BE SUBMITTED TO ANO APPROVED BY THE ENCi NEER OF RECORD FOR ALL MATERIALS, EQtJIPMENT, FlXTlJRES ANO STRUCTlJRES. Vl. DIJR!NC CONSTRIJC]ON· A. TEMPORARY FACILITIES -IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ARRANCE FOR OR SUPPLY TEMPORARY WATER SERVlCE, SANITARY FACILITIES, AND ELECTRICITY. B. TRAFFIC RECUlA TION -1. MAINTENANCE OF TRAFFlC SHALL BE IN ACCOROANCE WlTH THE MANUAL Of UNIFO:::i,! 7RAFF1C CONTROL orncES (M.U.T.C.O.}, FOOT. CITY OF SOUTH MIAMI STANDARDS AND RECl.,/RE.'JENTS. REGULA TORY SPEED OUR!NC CONSTRUCTION TO SE 20 MPH. ---------------------------------------================= -----------------~F':)"~A-':!"'...--,;; /jf.:J 5;,.::CIACATIONS ?ROa·E::::-'-0. 2'.55;8147 2. A'.:.. OPE's "'.""RENCHES AND HOLES ADJACENT TO RCAD'rlA'iS OR WAJ:.'-1-0-. YS SHAU. BE PROPERLY MARKD ASD 9ARR:CAD~ TO ASSURE THE SAFETY OF BOTH v::;.,:cuLAR Af.:J PE:;ESTRIAN lRAFAC. J. SO "'.""RD-,CHES :::R HOLES DEEPER THAN .J FT. ARE "70 SE LEFT OPEN DURING NIGHT / NON WORKINC HOURS \1;1THOUT EXPRESS PERMISSION OF THE CITY REPRESENTATIVE. 4. CONTRACTOR TO PROVIDE A CONSTRUCTION SEQUENCE FOR APPROVAL TO THE PROJECT ENClNEER. FOR THIS FOOT STANDARDS MAY BE REFERENCED, SUCH AS STANDARD 601. 602. ANO 603. Vll.£AB..lli..W.QHK A, All TOPSOIL VEGETATION ANO HEAVY ROOT MATS SHALL BE STRIPPED TO AT LEAST 5' BEYOND THE PERIMETER OF THE PROPOSED CONSTRUCTION. 8. FllL ANO SACKFlLL SHALL BE SANO, SANO-ROCK l,IIXTURE OR CRLJShD ROC,( >,A',,~NG LESS THAN lfilt SILT, 1:t ORGAs:::s AND ROCK SIZES LESS THAN 3• IN DIAMaER. ~ A CE"sERAL: AL'.. LJ~'.)ERGROUND Ulllll1ES SHAU. SE COMPLE~ PR:OR "7C CO"sSTRJCTICN OF ULtEROCK BASE. 2 ALL EXISTING PAVEMENT, CUT OR DAMAGED BY CONSTRUCTION SHALL BE PROPERLY RESTORED AT THE CON1RACTOR'S EXPENSE. J. WHERE ANY PROPOSED PAVEMENT IS TO BE CONNECTED TO EXISTING PAVEl,IENT, THE EXISTING EDGE OF PAVEMENT SHAU. BE SAW CUT. 8. MATERIALS: 1. BASE COURSE SHALL BE CRUSHED UMEROCK MIAMI OOLITE \YITH A MINIMUM OF 7p,:: CARBONATES OF CALCIUM AND MAGNESIUM. (so,:: FOR LOCAL STREETS & PARKING AREAS). 2. ASP'",AL T SL:RFACES SHAU. BE SP-9.5 AND F::::-S.5 F:::R R:JAO\l'A'!", 1.f.:LESS 01HERWISE SPECtFtED ON THE PLANS. 3 RE;f.:FCRCEO CCNCRElE SIDEWALKS SHALL BE co-.S:R:..;CTD CF c~ss ! CCNCRElE WllH A MINIMUM SlRENGlH OF 3,CCO PS: AS PER DETAIL AND PROJECT SPECIF1CA1l0'<S. '-,S";"A:.:..A~o, &: cc ... PACllON: "'.1--iE 7:JP '.2' CF THE SUBCRADE fOR ROADWAY AND PARK'SG AR~S $,-IAL'... BC: CC~.'PACTED (AND STABILIZED. IF REO:..J.RC) TO A ~:s:~w ::::• 1cc;::; CF "'."HE MAXIMUM DENSITY AS DElERMINEJ EY AASSH':"O --99 .. ~c:i c. 2. BASE C:::L:RSE MAlERIAL FOR PAVED AREAS SHA:..:. BE A MINIMUM THICKNESS Of B" PLACED ON A SINCLE LAYER. 3. BASE COURSE SHALL BE COMPACTED TO 95,; OF THE MAX!MUl,I DENSITY AS PER AASHTO T-180-74 PRIMED FOR THE ENTIRED AREA. 4. INSTALLATION OF THE WEARING SURFACE SHALL CONFORM WlTI-1 THE REQUIREMENTS OF THE F.Q.O.T. STANDARD SPECIFICATIONS FOR ROAD ANO BRIDGE CONSTRUCT10N 2016 OR LATEST. D. TESTINC: 1. THE FINISHED SURFACE OF THE BASE COURSE AND THAT OF THE WEARINC SURFACE SHALL NOT VARY MOOE THAN 1/4" FRC~ THE lEMPLATE. ANY IRRECI.JLARITIES EXCED:'<G ;,-.:s LIMIT SHAU. SE CORRECTED. 2. '.)ENSIT" rrs-:-SHAU. BE TAl<EN BY AN INDEPEsco,~ TES~NG :...ASORATORY. CERTIFIED BY lHE S"7A7:: or FLCRIJA, ,,.,.HRE DIRECTED BY THE ENGINEER, A:.J. TEs~_,;c C::lST (PAVING) SHAU. BE PART OF 71--iE ::C"s':RACTCR CA/QC PR:JCESS. RESlJLlS MUST BE PROVIDED ':"O c:".1'. c:iY CAN PER•ORM QUAUlY ASSURANCE lESlJNC A7 :":S CCSVENiENCE Consullonts X. PBOJFCT Cl PSfOIJT· A. a..EANINC UP -1. DURING CONSlRUC~.CN, ;"HE PROJE:-S'TE A~D AU. ADJACENT AREAS SHALL SE MAINTAINED IN A. NEA':" ANJ C~EAN -'ANNER. At,;O UPON FINAL CLEAN-UP, THE PROJECT SITE SHALL BE LEFT C~EAR CF A'.;_ SJR?Lt.:S ~ATERIAL OR 1R"5H. THE PAVED MEAS SHAU. BE SWEPT BROO~ C~EA~. 2. lHE CONlRAClOR SHA:..:. RES"'.'ORE CR RE?~:::E. WHEN AND AS DIREClED, At-rf PUSUC JR PRIVAlE PROPER~ CA)eACEO BY H:S ·;,':)RK, EO'JIPWENT. OR EMPLOYEES, TO A CONDiT10N AT LEAST EOIJAL "7C ~AT EXIS"T":NG ll,l~EDtATil.Y PRIOR TO THE 8ECINNINC O<" OPERA.llONS.TO 11--iA':" s,c. 7:-<E C:::N"'1\ACTCRS Si--iAll 00 "'5 REOUIREO, AU. NECESSARY DRIVEWAY, WALJ< ANO LANDSCAP!NC WORK. SUITABLE MATERIALS ANO METHODS SHALL BE USED FOR SUCH RESTORAT10NS. J. WHERE MATERIALS OR DEBRIS HAS WASHED OR FLOWED INTO, OR HAYE BEEN PLACED !N WATER COURSES, DITCHES, DRAINS, CATCH BASINS, OR ELSEWHERE AS A RESULT Of THE CONTRACTOR'S OPERATIONS, SUCH MATERIAL OR DEBRIS SHALL BE REMOVED AND SATISF"ACTORILY 01SPOSED OR OURINC THE PROGRESS OF TI-IE WORK, AND 1HE AREA KEPT IN A CLEAN AND NEAT CONO!TlON. B. ALL PROPERTY MONUMENTS OR PERMANENT REFERENCES, REMOVED OR DESTROYED BY THE CONTRACTOR OUR INC CONSTRUCTION SHALL BE RESTORED BY A STA TE OF FLORIDA REGISTERED LAND SURVEYOR AT THE CONTRACTORS EXPENSE. C. All UNPAVED SURFACES SHALL 8E RESTORED TO A CONDITION EQUAL TO OR BETTER TI-IAN THAT WHICH EXISTED BEFORE THE CONSTRUCT10N. D. PROJECT RECORD D0CU)AES7S -1. DURINC iHE DAILY PROGRESS o;:-n-<E ,;ca, "'."'riE CCNlRACTOR SHAU. RECORD ON HIS SG :Jf CONSlRUCllON DRA',.,.1NGS "'."HE EXAC~ LOCA"7;0N. 1.ENCTH ANO Et.fVATION Of" ANY fACiLl"'"'l' NOT BUILT EXAC"'.1.Y AC::::ORO:NG ""'."O ?cANS. 2. UPON COMPlEllO.'-:JF C:NOERCRCL,::,,·c i>.'?ROV£MENT5 AND UMEROCK BASE C0SS:IBUC1101-i (ANO BEFORE PL.AC'.NG ASPHALT PAVEMENT) "'.'c1E CONTRACTOR SHAU. fURN!SH nE £NCl'1EEl'< OF RECORD •As-9:.,i::_;" PL.ANS •OR ""HES£ :µPROVEMEN"!S. SHOWING lHE LOCAilONS AND PERTINENT CRADES CF ALL :.J's8ER:::ROt;NO INSTA~LATIONS ANO "THE FlNtSHED ROC!C CRAJES OF THE ROAD CRJi'N ANO E:JCES ✓ ?AVB,jE.NT AT SO FEET INTERVALS. .:5. UPON COMPl£110>.; or CO.'sSTls'..:C~O."s, ANO PRIOR TO FINAL PAYYENT. n-tt: CONTRACT:)!( SHAU. SUBMlT TD -:->-1:E E.'sC,NU:R OF RE-:::::JRO ONE COMPLETE SH Of" AU. ~AS-BUILT" CONTRACT DRAWINGS. 1HESE ORAWl~GS S:,.,ALL BE ).'ARl<D ~o SHOW •AS-BUIL1'"' CONSTRUCllON C:HANC£S AND DIMENSIONS. ~OCA:7:::"sS Af.:C E~EVATONS 0"°" AU. IMPROVEMENlS. 4. ALL ~AS-BU!LT" INFORMATION ON ELEVATIONS SHALL BE CERTIFIED BY A FLOR!OA REGISTERED LANO SURVEYOR. x. ~ A. NO STAGINC OR OTHER ACT1Vl11ES FOR 1HIS PROJECT SHOULO OCCUR WITHIN THE DR!PUNE OF EXISTINC TREES. 8. PREVENT OAMACINC TREES AND PLANTERS WITHIN OR IMMEO!A ID.. Y ADJACENT TO THE PROJECT'S RICHT-OF-WAY. C. THERE Will BE NO TREE REMOVAL IN THIS PROJECT. WHEN NECESSARY, INSTALL A PHYS/CAL &: HIGHLY VISIBLE BARRIER AROUND THE TREE TO BE PROTECTED. USE DURABLE FENCi NO MATERIAL. SUCH AS PLASTIC CONSTRUCTION fENCINC OR EQUIVALENT MATERIAL. PLACE THE BARRIER AS OElERMINED IN lHE ?RE-COSS-:-R:..J::"'.'.8N S:.'RV~, iO':'.X:l~NC CRITICAL AREAS TO BE PROlEClED. 0. lREE PROlECllON SHALL BE INS"'.'A:...:...ED AR:;i:..;N'.) ;REES "70 REMAIN LOCATED ADJACENT TD CONSJRUCT'.CS A::':"''✓"'.'.ES. E. THE CONTRACTOR SHALL NOT REVCVC:, RELCCATE CR PR:.;NE ANY 1REES WITHOUT PRIOR APPROVAC. FRO~ "'."'rlE c:-:,-, "'.'.-iE CC:-,':-RACTOR SHAU. OBTAIN AU. RECUIRED PERMllS FRC~ T'"!E c:~ :::r S-C:.J-:1-i ~'.AM: ?UBlJC WORKS DEPARlMENT PRIOR TO ANY TREE RE~OVA~/RE"-0::::AT:;::>.; F. THE CONlRACTOR SHAU. REV1EW D-.V:RON.;(Si'"A'.. RE:::•JIRE:.-ENlS Of ANY PROPOSED STAGING AREAS N-:'rl 71-'E PRJ~ECT E~C'NEE:R ( AURELIO CARl.!EN'AlES .305-403--206.J) AT LEAS-:' SE'fEN-:-Y ThC '.72) _..,Ci.;RS ?R:OR TO USE. C. CONTRACTOR MUST HAYE AN ARBORIST PRESENT AT ALL TIMES DURING ANY ROOT PRUNING AND PROTECTION OF EX!STlNG 1REES. H. CONTRACTOR Will BRACE All EXISTING LANOSCAP!NC TO REMAIN PRIOR TO BECINNINC ANY WORK ANO Will ENSURE THEIR STA Bl LIZA TION THROUGHOUT THE ENTIRE CONSTRUCTION PROCESS. EXISTING 500 DISTURBED 8'1' CONSTRUCTlON THAT IS NOT AfFECTED BY PROPOSED GRAOINC WILL BE RESTORED TO ITS OR!CINAL STA TE UPON COMPLETION OF CONSTRUCTION. SOOD ED SLOPES STEEPER THAN 4 HORIZONTAL TO 1 VERTICAL WlLL BE PECGED. 1. ALL WASTE GENERA TED FROM THE CONSTRUCTION SHALL BE DISCARDED IN ACCORDANCE IYITH ALL APPLICABLE STATE. LOCAL ANO FEDERAL REGULATIONS. CONTRACTOR !S TO OBTAIN ALL APPLICABLE CODES ANO BECOME FAMILIAR \1;1Th STA TE. LOCAL ANO FEDERAL REGULA TlONS PRIOR TO BECtNN!NG CONSTRUCTION. REGULATIONS CAN BE FOUND, BUT NOT UM!TEO TO, DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT ANO DEPARTMENT OF ENVIRONMENTAL PROlECllON. J. TO ENSURE THAT OFF-SI"'.'"£ VO·{CLE TRA::K:NC OF SEDIMESlS ANO 1HE GENERATION OF DUST ts .;:~11.QEJ. :::::. "'."RACi'"O.R IS 78 P:.JT INTO PRACTICE THE METHODS DETAH..£D IN mo-:-:NDEX 1C5 :~;EST \-'£RS;C"s;, k. DUST CENfRAlEO FROM CONSTR:)C11CN W~:..'.. 3E MiN'.V:ZEO. A WA.lER TRUCK ANO SllE CLEANING AT lHE EN:> OF EACh WORK 8AY 'S RE:::L:IREll. DISPOSAL OF EXCESS MATERIAL IS SEVEN;'!" T,',"Q '.72) '"!0:.:RS µAx;1rJ~. R/W NOTE: ALL IMPROVEMEN-:-S ARE T::J SE C:JNS-:-R:.:orw AN::/QR INSTAllEO WITHIN lHE EXISllN::; S"'.'A TE A>.;)/OR LCCA:.. R:C:'17 Of WAY City of South Miami SW 63RD AVENUE IMPROVEMENTS MIAMI-DADE COUNTY, FLORIDA GENERAL NOTES Project No. Scale 215618147
74 of 79137Type S Aspholtic Surface Course Match Thickness Aln Kind" Proposod Pipe And Or Existing Pipe To Be Removed, Dia. Vories Min. Existing Bose & Pavement PAVEMENT RESTORATION DETAIL { ~ -@1Z-C.C.E.W. SECTION 1. U.S.PIIICl!ilCo,p.{orequal)Typu-C-3'0Cnldlllouln 2. Conavto~400DP.SJ.,ll/;zs.o;,y., Tn,,,llCt1'nBIII TYPE "C" CATCH BASIN DETAIL N.T.S. 011.IPLJ.,.__ ____ ---j ORANGE. 11"4 REBAR POST G•-o· o.c:. max. N.T.S. Fmme & GmlD USF 4700-6223 S-SummmyofDmlnDg11Slrucluru:I SECTION 1. U.S.PlllalGtCo,p.(orllQIIIIQTypt,-C-24--..::JrCatt:IIBIUIIP 2. Cancnw~4000P.S.Lllt~ TJ'JIOllCINntlnl 24"x37" TYPE ·c· CATCH BASIN (DITCH BOTTOM INLET)DETAIL N.T.S. SIDEWALK TO REMAIN PLACE 011.ANGC:, PLASTIC FENCING AROUND INDIVIDUAL TREES AND TREE CLl.#o'IPS TO REMAIN ON SITE IN ANY AREAS WITHIN THE Ll~ITS Of CONSTRUCTION. BARRIER SHALL BE PLACED AT THE EDGE Of THE DR I PL I Nl Of THC THE TREE CANOPY OR AS FAR FflOM THE mEE AS POSSIBLE IIIHERE THE CANOPY OVERHANGS PAVEMENT TifAT JS TO REMAIN. BARRIER SHALL BE MAINTAINED IN AN UPRIGHT POSITION AT ALL TIMES. TREE PROTECTION DETAIL N.T.S. TRENCH ONE SIDE N.T.S. ~ ·-(2~Mln. 4l..:,yo,sU:nt} SECTION B-1.80 'If lkt_lV3brT.1Clo 5. Cover Plpo Entb With Na. 10 Galvan/zod or fh"1:r,!J._ScrcN,n, Op,ming No l.orgv Th«1 6. Ballast Rocle Sholl bo from Fre!lh Woter WashtJd FnHJ of Do/11ttll'faus Alattar. 7. :,,.~ !J8/Jx°%t':J.d/%ff;1r:of Tnmch to btt Unttd wfth lr1n~~ ~'::. 1m10!/?17Ji w:.ma1 a TYPE "J" MANHOLE & EXFILTRATION TRENCH DETAIL ffiENCH BOTH SIDES N.T.S. N.T.S. FIBERGLASS BAFFLE DETAIL N.T.S. City of South Miami SW 63RD AVENUE IMPROVEMENTS MIAMI-DADE COUNT\', R.ORIDA DETAILS ProieliNo. Sr.ale 215618147 SEE PLANS OmwlnnNo. Sheet G-03
75 of 79138®IliOlfllBAl''S BILOI ALWAYS CALL 811 ~~h¥~~::XG WWW.call-g,NS1RfJC11QNNQ1E; Lot:at/an of.mllnglodlltJna.lihorrn onconatructland-mdtg. ,... tram twalabl• fWCO'da. 111ft Cngllr..,---no ,-panslblllty for th• Ol%:Uff1e)' of tll• fodlJt/# llhown or for ony fadlty not w,o-. lowflj, the ~ tJP• of pt,o, and /ocotlan of emtJng fucJIIU-prlor to~ /fan -1:,tJng fadltyl:, found to eanflk:t with th• propOftd ~ upon -=rnatbJ flH, contractor :dto/1 lmmodlataly notJfy tho ~ al record :m thatapproprlat.m_,_eonb.tokantor.MJiwth•problt1m. Contmctr,r to noUTy awn, and Sunshti. Stat. 01• can of F1orldl1, lne. O B11 at UIOSt Forty Dght (,18) Houn Prior to Emawatki9, £~ of wdt none. #Id/ 1M l'umhMd to Stant«:prlorto~ ================= - ---================= - ----------------s...t SUMMARY OF DRAINAGE STRUCTURES Slruc:lvn:NlllfflH:I" Slcilion .... StruclureTJPI' S-1 1o+St 11.t!>LL T11'£"t" Z<"l<l7" s-z 1D+!51 :i.2!i'Rt. l1YPE•.J'MHs'1 s-, 1D+!51 13.85" Rt llPE-C-J'• ,_. 11-HO 1t.15"Lt. '.:'!!:.:!: s-s 11-HO D.OIT im'E"J'Ml!s', .... 11-HO 11.-e"RL l'IPE-C-~• S-7 12+51 11.tS'LL T11'£"t" Z<"lOT s-n 12+51 J.00' RL ITfPE•.rMH5'1 s-, 12+51 15.oo" Rt llPE-C-l'o NOTE: ALL ELEVATIONS REFERENCE N.G.V.D. '29 FRAME 4: CRAlr Rim Bev. ,.., ....... Bottom (Sump) Bc,v_ USF <700-liZZJ 1050 15"PIPE(7.75)(E) 7.75 lJSF J10-A 1D.80 15"PIPE(7.SO)(BcW} 1.JO Z4.PIPE(4.80)(N) I/SF <700-liZZJ 1D.!i0 15"PIPE(7.75)(W} '75 usr '700-622.l 9.llO 15"PIPE(7.05)(E) 7.05 USf l10-A 10.lli l!!-;}4~rs.1H 1.JO USF <700-liZZJ ... 15"PIPE(6.85)(W) ... U5f 4700-6223 , ... 15" PIPE {6.70)(£) •10 USF J10-A 9.55 !,~r~r;; 1.JO USF<700-822J •20 15"PIPE(~(W) <!i5 -~~--°"' -~Ur.R1glitoflltlyU,,• PalluUooRetordantflqfffle N X X s [ . X X City of South Miami tJUEL ~!Jffirl!t>r.r-l'VI.-. ~a-lion Ptvp.Catd>Bam Pl'q;>.°"""<>PUH 1. AU. DOSTfNG MANHOL£ TOPS. CATI:H BASIN GRA1E5. VAL\£ BOX TOPS,. AND WA lER METER JOPS MTHIN THE PROJECT AREA SHALL 8£ AO..tJSTED 10 MATCH FINISHED CRA.0£ BY 1HE: CONWACTOR. PLAHS MAY NOT SHOW AU. LOCA RQ\l'S NECESSARY FOR AtJJUSTM£NTS. CONTRACTOR IS R£5PONSi8lE FOf? lOCA TING AU. NECESSARY U1lU1Y TOPS TO BE AD.JUS?EP 2. CONTRAC70R SHALL KEEP N£W /WO EXISIING INLETS CL&W OF llfWUG MATERIALS ANO DEBRIS INLETS 1..0CA1ED N&J? CDNSTRVCnDH AC7IlltilES SHOULD B£ PROTECTED BY APPRDPRfATE EROSION CONWOL 0£\lrCES AND FU/SHED Nm ct..£ANED APTER COMPL£nQN OF WORK. .1 PR01ECT PAUi 1REES ANO fflfIS AS PER FVOT 202-' INDEX 110-tOO 4-. CONTRACTOR TO CARUUU..Y ~T ANY DAMAGE ON DRt\.'EWA'!'S. OTHERWISE tT lfftl. 8£ REPAIRED AT NO COST TO IHE CITY. SITE PLAN 'i!No/ 63RD AVENUE IMPROVEMENTS MIAMI-DADE COUNTY, FLORIDA Proj_l!C!No. 215618147 SEE PLANS CH lll.O!l.12 ----C-1 ,,
76 of 79139; ~ y t! .M ~: 15.00 10.00 0.11" I l I~ ClM11)1 ...,_. , ... • Re.111t 5.00 ' 0.00 -30 -20 -10 0 10 20 30 40 10+51.75 ================= ----================= -----------------================= ----================= ----3'l ================= = = === -------------15.00 10.00 5.00 0.00 Sul 15.00 10.00 ,. 5.00 0.00 -30 -20 -10 0 10 20 30 40 11+48.87 -30 -20 -10 0 10 12+51.94 City of South Miami SW 63RD AVENUE IMPROVEMENTS MIAMI-.QADE COUNTY, FLORIDA 20 30 40 DRAINAGE STRUCTURES Pmjf!Cl:No. 215618147 SEE PLANS ~;; ================= ----_-_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_-_ -_ -_ ----~ M~.•\r,ISIIO =-~=:::,,.::.-_-::-:.=-~::..~""' -Qt~ ffL_---R~_.,_00_---.-________ .. ____ n_""_M.....1_""" _________ " __ -__ w_-_...1... ___ __:::"':::"":.:"':...:.:""""=---__J_-----------'-=-:::· -=C.:--=-=·=·=-===:::==-=-=-:::-"c::·=~c:;.._=-,._ _ __,__~_=_~_=_~_-_-_-_-_-_-_-_-_-_-_-_-:-_-__ -__ w_-_ _1_ ____ c_-2 ____ • ______ _J
77 of 79140\ \ \ ::::::::::::::::= ----Seal ::::::::::::::::= - ----------------::::::::::::::::= ----\ I I I I I I I Coro1Cot>IM,Hoocalll3" City of South Miami llillli ~ Sais:, .... ,o· {R«Juo.dSoolc 1·•20? --~~ '"-, '\ \ \ \ ---=~ ...... --~-'.. \ 1. All. SIGNING ANO PAvtMENT MARKINGS SHAU. CONFORM WITH THE CURROO EDmON OF THE w.NUAL OF UNIFORM T1WF1C CONTROL DEVICES FOR STREETS ANO HIGHWAYS AND THE FLORICI. DEJ>JJmjENT OF TRANSPORTATION DE51GN STANDARDS ANO ,W/1,IAR'I' 2019 STNIDAAD SPECf1CATION oBOOK. 2. AU. EXISTING SIGNS AR( TO REW.IN UNLESS <m!ER'MSE Sf'f.CIFIED. BEFORE STARTING THE PROJECT, TliE C0"'1WCTOR Will REVIEW EXISTING SIGNS StflJi'lm OH TME PLANS TO BE Ra.OCATED OR TO RD.WN. THE CONTRACTOR WILL NOTIFY IN WRITING TO lliE PROJECT ENGINEER OF N« MISSING SIGNS BEFORE caGTRUCTION ST,\,R1S, SIGHS DNJ>.CED BY THE CONTR,1.CTOR's Of'fRATIONS Will BE REPlAC£D AT NO COST TO TiiE OfPAATMENT. If' EXISTING SIGNS TO BE REl.OCATID KA.VE A cw.tACED POL£ OR A POt..E NOT WEETINC HEIGHT SPECIFICATION REOUJREMENTS, TliE COST Of A NEW POLE Will BE INCUJOED IN TliE RELOCATION BID ITEM. 3. ALL. PAVDIENT MA.RKINGS, MESSN.(S. .4ND ARROWS SKW. BE TiiERMO~ lJlt£5S OlliERWISE NOTED. "· REFtEClM: PAVEMENT w.RKERS AA£ TO BE Pl.ACED .4UJNC THE OORE LENCTH OF THE PROJECT. S. W.TCH EXISTlHC PAVEMENT MARl<INCS AT lHE BECINNJNC ANO AT THE ENO OF THE PROJECT AND AT AU. SIDE STREETS WJTIQJT JOGS OR OFfSETS. 6. THE CO/ffltlrCTOR SHAU. REMOVE EXlSTlNC MARKINCS B'I' FOOT APPROVED MffilCJO WITHOUT ~ TO THE FRICTION COURSE. 7. RULECM PAVEMENT MARKERS >S PfR FOOT STANDARD INDEX NO 706-001 PAVEMENT MARKING PLAN SW 63RD AVENUE IMPROVEMENTS MIAMJ-OAOE COUNTY, FLORIDA PrcjectNo. 215618147 SEE PLANS OrawingNo. Sheet ~ C-3 o1
78 of 79141 3 -~~~·.::.~.~"'"""-' ~ ..... ~-· ~ ,~~· ·:~s;o-~· A ponlon ofme !otow:no Pvt>rc ti(Jhl-<if-Woy: A porlion c,f Im, Pubfc R{lhl-d-Way of SW lJ Av<>nu.,, bt!lween SW 70 Sh.,et and SW 69 Stn,<>t. Mng enc being In tno City or Sout'1 Mklml. Mloml-OoClo County, MOOda 11,0 dotoo1comp1ottonor1no o'1glnol!;c,ld',u,v,;,ywo,on~. Well :ctenllhod !co= m m,pH:100 on '>, L,..,,,, 1/cp ,-,,:.-,o moa,urcC! !o on ocl<motod ho,!lonlo!~lion oca,mcyof 1/IOof o foe' 10TINtNTiMfo«MATIOM m;Eo rot JIIIYf\'! Jn;, proj=l oreo appe:,,:n 10 r,., locak!a i· '':ao-: '=" T. w,<!; o Sm" Flood Elt•volion oe!',g "N/A". m pc.-.r !-,:,t!ctol Em.c.-fgCl>CY MO'IO(Ju,.,,~, Aq~r<:cy w;:;.;.,,) Commun:ry.rancl rlumbcr ~~ jQly of Sett.!'> M-Omij. Mop tk>. l2086C•.5c., c'-'··-x L. 1,.,cp ru'""c :Joi": St,plembttr 11 MAP OF TOPOGRAPHIC SURVEY PUTlNfNT JNfOlMATION usra ,01 SUIV!Y: (CONT!Nt!fD} A11i;1r,vot1on11hoW<11'G-«:-onomt>=,don!hoNallonolC.c0dc: ;co Jco•,-ic' o:,o ,;GV0.'29J.oncio8c.-nchm0rl: <uppl,ed by the Pubk WO!honc!WQ<Jc MOnogc,m,,nf Oc>;:,o'"C"'C'',' o· ,' .. C'T' .Jccc· Coo":y ':< cc. PIOI O! "COCOPWM T[IIAACI:' oco:,,on(J fo -f'li:,I ~eel a, CC'CO·c~::: ~OC< 25 c· "CJ'c ~ ol lhe Public i«,co,rnol Mom~Doao County. Fl<md<l All meo,ur .. men11 or" In U.S.Surv.,y 1.,.,1. Glot>ol Poso!ionlng Sy,;!.,m IG.P .S.I. meo;u,.,m.,nt, w.,,., conduct"d in m .. fa,ld lo ocqvi«.• ,;old coordlnot" vor,,,e;, wh;ch o,., bm<>d on tho followlnQ Homontal Control <;Jo'lon,· Nomf!:fLND loll!udc,: z.s• 57' U.7l7B6" N Longiludc,:BO"I0"02.2~W Elfp<0:d Height IMe!<>r:): -17.'.ll,II Stotal'bnc,Coo,djnal<t> Northlng:594,119.585 fm!fng:929.757.513 All rd<>renct'd S1ollom "'" pOit of th" F!ondo Permommt Rf'lt!ff'flCt' Nf!!wOll {........w.tdoT.gov/g.,o:pmiol/tpm..shtml ~IC~IN~ET ----s;e::, ~l) w,,~f/ LOTJ ,. $ ,:!; I I I Sl'1CU llo c!>-c• 0!o·r-,c'cr, wc•c• :., ,~'c::J c:ncr lhan lhal i$ cilt:!d unclcrporlloonl lnlo,mn•,cn !"O C;c"' , C,ucty ::,c, •~c t~c! !hr....., may 00 k>gol ,,.,lr!Clk>ffi on lhc Sut,jecl e,c,:,,,cry :•::,r C'C' nc• <"cw-c;n ·~,-'.-"-l'yMODtn<>lt\'IO'ft.oloundlrllMl'utllic lmc<,o-o: c· .v c•r -D=~ Ccun"f Thu S..-,cv~c crc:c; nc ,,,;;rc"~'!C"•~-c: !~ awncr.hlp Cl po-;~.iO<> cl Inc Subfcci rn,patyc, CC,>' C"' ,_, C' ~('.', (";c'CI 'C,C! ~-~, r.cpeoronlhcfubll::ROC01Cboflt"GCourlly. No ,_,xcovo!lon or do1mmlnollon wos mooo ru !o how 1no SlJb]act !~opc,rty I, ,c:rvooo by uliUl,;,-1 NO impmvf.'nlf!n!, ,,...,,,.. locol ... d. Olh,.., lhon thO',O shown. NO <,nd('f[J<OlJAd lolJndofon; impro,.,m.,nl, on<l/or ullr.H.,, w.,,., !ocoli,<l or shown h<>rf!on. Thl-,e,nolo8oundcry5ur.t'y. !h,c, purposo o1 this "'"'"Y 1, Im dc,,lgn. CllfNT INfOIM.lTION: This ToPO{J,opnlc 5Ulvo,y wo1 p,epared ol lh'-' ln1i1t.,nc" ol ond ci,,!ill"d to· 11D:l1DN::zJ•TOWKIIHP"'IIOlmt·l!AloOl!Ul:.iaST APO!!T>O•Ofl.YINDNl!Jlltlr!OIHll(;~l!lt<-CJIY,f~O!l)O,',. N , §~U~ 0 "'-"--=~~==;:::; lONGl1lJOf SURvn'OC U.C.. a H:ar!do Urnl!ao Uabllly Company florldo Corlllico1<t cl ,._ulhooml1on Nwmt..,rtB733~ LONGITUDE SURVEYORS 7700 N. KENDALL DRIVE, SUITE 705 MIAMI, FLORIDA 33156 PH: (305) 463-0912 FAX: (305) 513-5680 FLOR!DA CERTIFICATE OF AUTHORIZATION LB 7335 ll'W\V.tONGfTI.105U~V£\'ORS.COV D!awnHy: >-w ~ ::, Cl) (,) :i: a. ~ (!) 0 a. 0 ... 22358.0.01 Sheet 1 of 1
END OF DOCUMENT
79 of 79 142
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Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Profit Corporation
MAGGOLC, INC.
Filing Information
P05000085356
20-3345775
06/14/2005
FL
ACTIVE
NAME CHANGE AMENDMENT
10/13/2005
NONE
Principal Address
12060 SW 80 ST
MIAMI, FL 33183
Changed: 01/31/2023
Mailing Address
12060 SW 80 ST
MIAMI, FL 33183
Changed: 01/31/2023
Registered Agent Name & Address
GONZALEZ, MARIO H
12060 SW 80 ST
MIAMI, FL 33183
Address Changed: 01/31/2023
Officer/Director Detail
Name & Address
Title D
GONZALEZ, MARIO H
12060 SW 80 ST
MIAMI, FL 33183
D C Florida Department of State
143
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Annual Reports
Report Year Filed Date
2021 02/01/2021
2022 02/05/2022
2023 01/31/2023
Document Images
01/31/2023 -- ANNUAL REPORT View image in PDF format
02/05/2022 -- ANNUAL REPORT View image in PDF format
02/01/2021 -- ANNUAL REPORT View image in PDF format
01/19/2020 -- ANNUAL REPORT View image in PDF format
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03/21/2006 -- ANNUAL REPORT View image in PDF format
10/13/2005 -- Name Change View image in PDF format
06/14/2005 -- Domestic Profit View image in PDF format
Florida Department of State, Division of Corporations
144