Res No 035-24-16120RESOLUTION NO. 035-24-16140
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, SELECTING AND
AWARDING A CONTRACT FOR CONSTRUCTION TO
ATC ENGINEERING INC. FOR THE CONSTRUCTION OF
A SANITARY SEWER SYSTEM FOR PHASE 1 OF THE
AREA KNOWN AS SUBAREA "K" IN AN AMOUNT NOT
TO EXCEED $2,214,032.32; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A
CONTRACT FOR THE PROJECT; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") desires to construct Phase 1 of a new
sanitary sewer system to the proposed Dante Fascell community building that will also provide
connection to forty two (42) residential properties within Sub-Area K, and which will also allow
for future connections to the remaining one hundred and sixty two ( 162) properties located within
Sub-Area K (the "Project"); and
WHEREAS, the City developed a design, prepared construction documents, and is in the
process of obtaining all the necessary permits for the Project; and
WHEREAS, on December 22, 2023, the City issued Invitation to Bid No. PW2023-l 7
(the "ITB") for construction of the Project; and
WHEREAS, on February 6, 2024, the City received a total of four (4) bids in response to
the 1TB; and
WHEREAS, A TC Engineering Inc. (the "Contractor"), provided the lowest, responsive
and responsible bid in the amount of$2,214,032.32; and
WHEREAS, after review and evaluation of the bids, City staff and the Engineer of Record
determined that the Contractor met the minimum requirement and aligns with City's objective of
ensuring quality construction within budgetary constraints; and
WHEREAS, the City Commission desires to select the Contractor for construction of the
Project and authorize the City Manager to negotiate and execute a contl'act for construction, in
substantially the form attached hereto as Exhibit "A" (the "Contract"), with the Contractor for the
Project in an amount not to exceed $2,214,032.32; and
I
WHEREAS, the expense for the Project shall be charged $1,550,000 to the FDEP Septic
to Sewer Construction Account No. 106-3903-536-6550, which has a balance of $1,550,000 prior
to this request, $528,792 to the General Obligation Bond Account No. 114-4011-541-6490, which
has a balance of $528,792 prior to this request, and $135,240.32 from the Capital Improvement
Fund Account No. 30 l-1790-519-6450, which has a balance of $1,908,459.38 prior to this request,
Page 1 of3
Res. No. 035-24-16140
or such other funding source(s) as determined by the City Manager to be in the best interest of the
City; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Selection and Award. The City Commission hereby selects and awards the
Contractor the Contract for constrnction of the Project.
Section 3. Authorization. The City Manager is hereby authotized to negotiate and
execute the Contract with the Contractor for the Project, in substantially the form attached hereto
as Exhibit "A", in an amount not to exceed $2,214,032.32, subject to the approval as to fonn,
content, and legal sufficiency by the City Manager and City Attorney. The expenses for the Project
shall be charged $1,550,000 to the to the FDEP Septic to Sewer construction account number I 06-
3903-536-6550 which has a balance of$1 ,550,000 prior to this request and $528,792 to the General
Obligation Bond account number which has a balance of $528,792 prior to this request, and
$135,240.32 from the Capital Improvement Fund account number 30 l-1790-519-6450 which has
a balance of$1,908,459.38 prior to this request, or such other ti.mding source(s) as determined by
the City Manager to be in the best interest of the City.
Section 4. Implementation. That the City Manager is authorized to take any and all
actions necessary to implement the Project, the Contract, and the purpose of this Resolution.
Section 5. Conections. Conforming language or technical scrivener-type c01Tections
may be made by the City Attorney for any conforming amendments to be incorporated into the
furn I resolution for signature.
Section 6.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 191h clay of March, 2024.
ATTEST: APPROVED:
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Res. No. 035 -24-I 6140
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WE
& BIERMAN, P.L.
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Liebman: Yea
Commissioner Corey: Yea
Pa ge 3 of3
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: March 19, 2024
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 ATC ENGINEERING INC. FOR THE CONSTRUCTION
OF A SANITARY SEWER SYSTEM FOR PHASE 1 OF THE AREA KNOWN AS SUBAREA “K” IN AN AMOUNT
NOT TO EXCEED $2,214,032.32; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
CONTRACT FOR THE PROJECT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE. 3/5 (CITY MANAGER-PUBLIC WORKS & ENGINEERING DEPT.)
Suggested Action:
Attachments:
Memo-San_Swr_Ph.1_-_ATC_Eng3-12-24__2_ (1).docx
48D999802-Resolution Approving Contract for Construction with ATC Engineering - Subarea K Sanitary Sewer Project
v2.DOCX
48E014002-Exhibit A - Contract for Construction - ATC Engineering Inc - Sanitary Sewer SubArea K v2.DOCX
v4FINAL ITB Sanitary Sewer Area K 12.20.23.pdf
Area K Bid Evaluation Letter 3-11-24.pdf
ATC Engineering Bidding Document.PDF
Bid Tabulation ITB PW2023-17 2.6.24.pdf
Proposal Summary ITB PW2023-17 2.6.24.pdf
Demand Star ITB PW2023-17.pdf
Sun Biz ATC Engineering.pdf
1
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: March 19, 2024
SUBJECT: Selection and Award of Contract for the Construction of Sub-Area K Phase 1
RECOMMENDATION:Authorize negotiation and execution of contract with ATC Engineering Inc.
for the construction of Sub-Area K, Phase 1.
BACKGROUND:The City desires to construct a Sanitary Sewer in Sub-area K phase 1. The
City developed a design, prepared construction documents, and obtained
all the necessary permits for the sanitary sewer construction sub-area K
phase 1. The project consists of furnishing all materials, labor, and
equipment necessary to construct a new pump station, force main, and
gravity sewer mains and laterals along SW 85th Street, SW 60th Avenue,
and SW 87th Street as shown on Exhibit “A” below:
PROCUREMENT
PROCESS:Through the Procurement Division, the City’s Public Works & Engineering
issued a solicitation on December 22, 2023, for the Sanitary Sewer
Construction for Sub Area K Phase 1.
On February 6, 2024, the City received a total of four (4) proposals in
response to a solicitation. All the contractors were requested to provide
recent experience for reference and SRS Engineering, Inc, the Consultant
for the project, reviewed their cost proposals and references and found
the low bidder met the minimum qualifications. Pursuant to review, it was
determined that ATC Engineering Inc., is the most cost effective and
responsible bidder for this proposal. Below are the proposals received:
2
THE CITY OF PLEASANT LIVING
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
VENDOR &EXPENSE:ATC Engineering, Inc.
Proposal/contract amount shall not exceed $2,214,032.32.
FUNDING:The expenditure shall be charged $2,214,032.32 to the to the FDEP Septic
to Sewer construction account number 106-3903-536-6550 which has a
balance of $1,550,000 prior to this request and $528,792 to the General
Obligation Bond account number which has a balance of $528,792 prior to
this request and $135,240.32 from the Capital Improvement Fund account
number 301-1790-519-6450 which has a balance of $1,908,459.38 prior to
this request or other funding source as determined by the City Manager to
be in the best interest of the City.
ATTACHMENTS:Resolution
ITB PW2023-17 Construction Documents with Exhibits
SRS Evaluation Report dated 3-11-2024
ATC Engineering Inc., Bid Documents
Bid Tabulation ITB PW2023-17
Proposal Summary ITB PW2023-17
Daily Business Review Advertisement
Sun Biz
Contractor Bid Price
ATC Engineering Inc.$2,214,032.32
Pro Serv Group Gen Construction Inc.$3,277,726.26
Comtech Engineering Inc $8,043,780.92
David Mancini & Sons, Inc.$8,244,246.68
3
THE CITY OF PLEASANT LIVING
CONTRACT FOR CONSTRUCTION
SANITARY SEWER CONSTRUCTION AREA K-PHASE I
1TB #PR2023-0-I 7
THIS CONTRACT FOR CONSTRUCTION (this "Cont r act") is made this 19 day of
MARCH, 2024 (the "Effec t ive D ate") by and between the CITY OF SOUTH MIAMI,
FLORIDA, a Fl orida mun icipal corpor ation, (the "City"), an d ATC ENGINEERING, INC., a
CONTRACTOR (t he "Contractor").
WHEREAS, t he City iss ued Invitation to Bid N o. PR2023-17 {the "ITB") for construction o f
"SANITARY SEWER CONSTRUCTION AREA K -PHASE I" (the "Pr o ject"), which 1TB is
inco r porated herei n by refe r en ce an d made a pa r t hereof as Exhibit "A "; an d
WHEREAS, in r espo nse to the City's 1T B, the Contractor submitted a bid for the Project (''Bid"),
which Bid is incorporated herein by reference and made a part her eof as Exhibi t "B"; and
WHEREAS, Contractor submitted the lowest, responsive and responsi ble bid in the amount of
~---__.;.---, $2 ,214,032.32 in response to t he 1TB and was se lected and awarded this Contract pursuant to Re so lution
o. 035-24 -16140 for performance of t he Work (as hereinafter defined); and
WHEREAS, Contractor has r epresented to t he C ity that it possesses the necessary qualifications,
experience and abilities to perform t he W o rk or th e Pr oject , an d has agreed to provide the W o r k o n the
terms an d con d itions set forth In this Contract.
NOW, THEREFORE, In consideration of the mutua l cove nants and conditions contai ned
herein, the Cont ractor and the City agree as fo llows:
I . SCOPE OF WORK
1.1. Sco pe o f W orlc. Contractor hereby agrees to furnish all of the labor, materials, equipment. services and
incidentals necessary co perfor m all of the work described in the Contract Documents (the "Work" o r the
"Pr o ject") in cl uding, without limitation as described In the approved plans, drawings and/or specifications
prepared by SRS Engi n eering (the "Project Consultant") attached hereto as Exhibit "A" (City's 1TB)
(th e "Desig n Pl a ns & Specifica tions") and any other documents incorporated herein by reference and
made a part of this Contract for the following Project:
"SANITARY SEWER CONSTRUCTION AREA K-PHASE I "
I .2, Pre-Const ruction C onference, Within fourteen ( 14) calendar days after this Contract is executed by both
parties, and before any Work has comm enced, a pre-construction conference will be held between the City,
the Cont ractor, and the Project Consultant. The Contractor must submit it s project schedule and schedule of
values, if applicable, prior to this conference.
1.3. Pro ject S c h e dule, Contractor must submit a proposed Project Schedule as follows:
1.3.1. Schedule must identify the schedule for each location comprising the Projec t. The proposed Pro ject
sc hedule must be submitted wi t hin ten (10) calendar days from t he date this Contract is execu ted by both
parties fo r the review and a pproval of th e Pr o ject Consultant or C ity as applicable. This initial schedule shall
establish the baselin e schedule for the Project.
All updates of schedules must be tracked against the baseline schedu le and mus t be at a minimu m subm itted with each
pay app lication . An updated schedule tracked agai nst the baseli ne must also be submitted
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until Contractor's submiss ion 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 two-hundred and seventy (270)
cal endar days from the date sp e cified in the Notice to Proceed ("Contract Time"). Substantial Completion
shall be defined for this purpose as the date on w hich City receives beneficia l use of the Project. The Worl< shall
be fully completed in accordance with the Contract Documents within two-hundred and seventy (270)
calendar days from the date specified in the Notice to Proceed ("Final Completion Time"). The Fin al
Completion date is defined as the dace 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 $2.650,00 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 fuil ure of
Contractor to fully complete the Work and achieve Final Completion within the Fin al Complet ion Time, Contractor
shall pay to City the sum of $2,650 .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 ac hi eves Fin al Completion. These amounts are not penalties but are liquidated damages
payab le by Contractor t o City for the failure co provide full beneficial occupancy and use of the Project as required.
Li quidated damages are hereby fixed and agreed upon between the parties who hereby acknowl edge the difficu lty of
determining the amount of damages chat will be sustained by City as a consequence of Contractor's delay and fail ure
of Contractor to complete the Work on time. Th e above-stated liquidated-damages sha ll apply separately to each
phase of the Project for which a time for completion is given.
2.4. City is authorized t o deduct the liquidated damages from monies due co Contractor for the Work under this
Contract. In case the liquidated damage amount due to City by Contr actor exceeds monies due Contractor from City,
Contractor shall be liable and shall immediate ly upon demand by City pay to City the amount of said excess.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Gu ranteed Maximum Price. The City shall pay th e Contractor an amount not to exceed
$2,2 14 ,032.32 for the performance of the Wor k in accordance w ith the line items and unit prices induded in
Ex 1 1t B c e "Contract Price"). The Contract Price shal l be full compensation for all services , labor, materials,
equipment, and costs, including overhead and prone, associated w ith compl etion of all the Work in full conformity w ith
the Contract Documents and adjusted only by written change orders signed by both pa rties and approved as r equir ed
by local law. The Contract Price shall include all app licable sales taxes as required by law.
3.2. Sche dule of Values. The Contractor must subm it two copies of sched ule of values within ten ( I 0) calendar
days from the date this Contract is executed by both parties. T he schedule of values shall in dicate 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 majo r specification
section or major components of the items. The Project Consultant or Ci ty as applicable may require further
breakdown after r eview of the Contractor 's submittal. The City reserves the right to require such information
from th e Contractor as m ay be necessary to determine the acc uracy of the schedu l e of values. The combined total
value for mobilization under the Schedule of Values shall not exceed 5% of the va lue of the Contract. The accepted
Schedule of Values mu st be incorporated in to the Contractor's payment application form. The Contractor
guarantees that each individual li ne Item contained In the schedu le of va lu es submitted as part of a competitive
solicitation shall not be increased without written approval by the City Manager.
3.3. Payment Application Procedures. C ity sha ll make progress payments, deducting t he amount from the
Contract Price above on the basis of Contract o r 's Appl ications 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
recei pt o f the Pay Application. Any rejection shall specify the appli cable defici ency and necessary corrective action.
Any undisputed portion shall be paid as speciOed above. All such payme nts will be made in accordance with the
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upon execution of each Change Order that Impacts the Contract Time. Failure to submit such schedules will
result in the r~jection of any submitted payment application.
I .3 .l. 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 Worl<, 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. I . 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. Spedflcatlons 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.
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 induding
digital I (CAD and PDF) versions.
1.4.1.1 0.2. 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
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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 entidement 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 flies.
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 I 0,, 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 tide 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.
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 deslgnee. The Notice to Proceed will not be issued
3 of 167
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 two-hundred and seventy (270)
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 Worl< shall
be fully completed in accordance with the Contract Documents within two-hundred and seventy (270)
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 $2,650.00 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 $2,650.00 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 the amount of said excess.
3. CONTRACT PRICE AND PAYMENT PROCEDURES
3.1. Guaranteed imum P ice The City shall pay the Contractor an amount not to exceed
$2,214,032.32 for the performance of the Work in accordance with the line items and unit prices included In
x 1 1t e °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
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
4 of 167
Schedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as
otheiwise 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.
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 condltlonal 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;
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3.S.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 compiled with all other
requirements of the Contract Documents; and
3.S.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 City1s 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 falls 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.S. 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
3.6.1 O. 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 1s rights hereunder or at
law or In equity.
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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 retalnage 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 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 11 A 11 (the "Plans and Technical Speciflcations11
), the 1TB
and any Bidding Documents or procurement documents for the Projects the Contractor's Bid for the Project (including
the Schedule of Bid Items-Pricing) attached hereto as Exhibit 11 B11, 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 11 A." the Plans and Technical Specifications;
4.4.4. Fourth Priority: Exhibit 11 B.'' the Bid; and
4.4.S. Fifth Priority: Contract Documents, excluding this Base Agreement and Exhibits listed in this
Section.
5. INDEMNIFICATION
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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 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/Key-
Coverage-and-Eligibilit;y.pdf.
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Exemptions may be applied for online through the Florida Department of Financial Services, Division
of Workers• Compensation at:
https://www.myfloridacfo.com/Diyision/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 Risi< insurance is not required for this Project,
the City shall select this box: 181.
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 Certiflcate(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.
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 CIBonds"). 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
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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 255.0S(l)(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 stu~ied 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 famlllar 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 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 Con tract
Time and In accordance with the other terms and conditions of the Contract Documents.
7.1.1.S. Contractor is aware of the general nature of Work to be performed by the City and others
at the site that relates to the Work as indicated In the Contract Documents.
7 .1.1.6. 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.
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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 marlcet 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 11 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 0) 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.
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-Kiclcbaclc. 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
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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 Worlc; 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.
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 fall 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
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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 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 entided 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. I. 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, 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
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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. I .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 Worl<. 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 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,
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IO. 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.
IO. 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.
10.9. ~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 utllides developed to meet the requirements of this Contract.
I 0.1 I. ~ 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
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during later stages of Work. Upon completion of the Work and before flnal payment is made, Contractor shall,
at Its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging
to it or used in the performance of the Work and Contractor shall leave the Project in a neat, clean and safe
condition. In the event of Contractor's failure to comply with the foregoing, the same may be accompllshed 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 flied 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
7 I 3.24, 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 ( I 50%) of the amount of the lien and to pay City 1s
reasonable attorneys' fees and costs Incurred in connection therewith.
I 0.14. Public Entity Crimes Affidayit. 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 mall 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.
10.17. 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 CUWork 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.
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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 .S. 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.
I 0.17 .8. Notice Pursuant to Section 119.070 I (l)(il). 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:
Nlcenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.gov
I 0.18. E-Verify Affidayit. 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/fag/how-do-i-provide-proof-of-mY.=
participationenrollment-jn-e-verjfy. 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:
I 1.1. 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
17 of 167
agrees that the removal of any of such indivldual(s) does not require the termination or demotion of said
individual(s).
11.2. 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.
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 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 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.
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 Coronavlrus 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: 181.
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Grant Title
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
(FDEP)
Grant Agreement Exhibit
EXHIBIT A (City's 1TB)
If the Work will be funded utilizing Grant funds, the City shall select this box:0.
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.
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.
11.1 O. Scrutinized Companies.
11.10.1. Contractor certlfles 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 I . I 0.2. 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.
I I • I 0.3. The Contractor agrees to observe the above requirements for applicable subcontracts entered
into for the performance of work under this Agreement.
I 1.1 0.4. 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and
year as first stated above.
CITY OF S UTH MIAMI
By: --J.+-1-------~.-+---1
Genaro "Ch p" Iglesias
City Manager
Attest:
Approved as to form and legal sufficiency:
By:~,.£..\~=~~~=-----
Weiss Serota H elfman
City Attorney
Addresses for Notice:
Genaro "Chip" Igl esias
City of South Miami
Attn: City Manager
613 0 Sunset Drive
South Miam i, FL 33143
305-668-25 IO (telephone)
305-663-6345 (facsimile)
chlp@southmlamifl.gov (email)
With a copy to:
Weiss Serota H elfman Cole & Bierman, P.L.
Attn: LIiiian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh -law.com ( email)
By:---'-----,;,\::::-~---;-;--,----
Name: --::==~=->__....,=--"t----=,;;;:....'5J_~-"---_l)..,_l..~•,,,...,..,=-z._-
Tltle: __ \---"'-'-) ,_r-,;.,-------
Entlty: -tuc ~n9 ln ea '2. \ n{=:t~C...
Address es for Notice:
2222 NW 14 Street
Miami , FL 33125
305/615-1898
luis@atcflorida.net ___________ r,emall)
Wit h a copy to:
___________ (telephone)
__________ (email)
20 of 167
ATTACHMENT A
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 sµbmltted to the City. For the
purpose of thls 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 • registered with the City
Clerk's qfflce as a lobbyist and has paid all applicable lobbyist registratlf n f~e
Pursuant to Section 92.525(2), Florida Statutes, the undersigned,J-ul ~ 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
l \.As. -go~ 'tt \ ")ua.:~
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.
21 of 167
Page 1 of 28
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this “Contract”) is made this
day of , 2024 (the “Effective Date”) by and between the CITY OF SOUTH
MIAMI, FLORIDA, a Florida municipal corporation, (the “City”), and ATC ENGINEERING
INC., a Florida Profit Corporation (the “Contractor”).
WHEREAS,the City desires to construct Phase 1 of a new sanitary sewer system to the
proposed Dante Fascell community building that will also provide connection to forty three (43)
residential properties within Sub-Area K, and which will also allow for future connections to the
remaining one hundred and sixty two (162) properties located within Sub-Area K (the “Project”);
and
WHEREAS, the City issued Invitation to Bid No. PW2023-17 (the “ITB”) for construction
of 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 $2,214,032.32 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 SRS Engineering (the “Project
Consultant”) attached hereto as Exhibit “C” (the “Plans”) and any other documents
incorporated herein by reference and made a part of this Contract for the following Project:
SANITARY SEWER CONSTRUCTION AREA K – PHASE I
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.
7
Page 2 of 28
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 executed by both parties for the review and approval of the Project Consultant or
Cityas 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 Cityand 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:
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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.
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.
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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 trailerfor 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 in the City and/or at a City provided staging site except in
accordance with the City Code and with 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 the Work in which theContractor will utilize
a subcontractor, the Contractor may only retain or utilize the services of the particular subcontractor
with the prior written approval of the CityManager, which approval may be granted or withheld in
the CityManager’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 of the City Code and/or as provided by the Project Consultant or
the Cityas 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 270 calendar
days from the date specified in the Notice to Proceed (“Contract Time”).Substantial
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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 [INSERT FINAL COMPLETION TIME]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 Contract
within the Contract Time, Contractor shall pay to Citythe sum of $2,650 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 $2,650 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
Cityas 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 Cityby Contractor exceeds
monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by
Citypay 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
$2,214,032.32 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 Cityreserves 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
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into the Contractor’s payment application form. The Contractor guarantees that each individual
line item contained in theschedule 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 Cityuntil 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. Progress Payment Applications.Each progress payment application submitted to the City
must include:
3.4.1.A sworn and certified progress paymentaffidavit 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.
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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 Cityfrom 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;
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3.6.3.The Contractor failsto 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.
3.9.1. 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.
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3.9.2. Value Engineering.Contractor shall participate in Value Engineering the Contract
Documents with the City and the Project Consultant 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 “C” (the
“Plans and Technical Specifications”), the ITB and any Bidding Documents or procurement
documents for the Project incorporated herein by reference and made a part hereof as Exhibit “A” ,
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
Contract.” 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 Contract;
4.4.3.Third Priority: Exhibit “C,” the Plans and Technical Specifications;
4.4.4.Fourth Priority: Exhibit “B,” the Bid; and
4.4.5.Fifth Priority: Exhibit “A”, the ITB and Bod Documents; and
4.4.6.Fifth Priority: Contract Documents, excluding this Base Contract 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
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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 Cityprior 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.
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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 Contract 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/Broc
hures/Key-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 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
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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.
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 Manager and City Attorney 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.
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.
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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 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.
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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 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.
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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, 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 Cityor its designee, Cityshall 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
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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 Citythe 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 Cityupon
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 Citysecures 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 Commission and/or other jurisdictions relative to the Project; and (iii) City Commission
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 Cityby 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.
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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 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 CityCouncil.
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
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Contract Documents. Where the Citydirectsthe 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 Cityand 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 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 the City (including the City’s Codes and Charter) and all
public authorities in carrying out the Work under this Contract, and in particular shall obtain all
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required permits from all jurisdictional agencies to perform the Work underthis Contractat 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 Cityor 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 Cityproviding 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.
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
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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. Work 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
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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 this 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 Cityand 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.
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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.
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 11 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 Citywithin 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
28
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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, including the City’s Codes and Charter, 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’s Codes and Charter. 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 required 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 Citymay 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
Citymay 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
29
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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
State of Florida Department of
Environmental Protect
Exhibit “D”
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 Contract 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 this Contract.
11.10.2.If this Contract 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.
30
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Pursuant to Section 287.135, F.S., the City may immediately terminate this Contract 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 this Contract.
11.10.3.The Contractor agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Contract.
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.
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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: City Attorney.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
ATC ENGINEERING, INC.
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(email)
With a copy to:
(telephone)
(email)
32
Contract No.: XX-XX E-Verify Affidavit
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the Cityto 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
33-
City of South Miami, FL Notice to Proceed Form
NOTICE TO PROCEED
Dated: , 20
To: `
Project Name:
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:
34
CITY OF SOUTH MIAMI
INVITATION TO BID (ITB) No. PR2023 - 17
SANITARY SEWER CONSTRUCTION AREA K – PHASE 1
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: December 20, 2023
BID CLOSING DATE: January 23, 2024
BID CLOSING TIME: 10:00 AM
BID OPENING DATE: January 23, 2024
BID OPENING TIME: 10:30 A.M.
1 of 116 35
THE CITY OF PLEASANT LIVING
PUBLIC NOTICE
INVITATION TO BID (ITB) No. PR2023-17
SANITARY SEWER CONSTURCTION AREA K – PHASE 1
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the SANITARY
SEWER CONSTRUCTION AREA K – PHASE 1. Interested companies, firms, and individuals
(“Bidders”) may obtain a copy of Invitation to Bid No. PR2023-17 (the “ITB”) to be issued on
December 20, 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. PR2023-17 for the “SANITARY
SEWER CONSTRUCTION AREA K – PHASE 1.” Bids must be received by the City by no later
than January 23, 2024 at 10:00 a.m. EST.
E-BID OPENING VIA VIDEO CONFERENCING:
The City will only receive submittals electronically through the DemandStar Electronic Bid
System (E-Bidding). To register as a business, go to https://network.demandstar.com/
Bids will be publicly opened through video conferencing using the Zoom platform. At 10:30 AM, local
time. Members of the public are invited to view the bid opening meeting through Zoom at
https://zoom.us/j/3056636339 or by listening to the bid opening meeting on a dedicated phone line by
dialing +1-786-635-1003 Meeting ID: 3056636339.
Any bid submission received after this time and date will be rejected and returned unopened. Bidders are
responsible for ensuring that their bid is received in the City by the deadline.
A pre-response conference will NOT be held for this project.
The City hereby provides notice to all Bidders of the imposition of a Cone of Silence for this solicitation,
as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a prohibition on
communication regarding a competitive solicitation such as a request for proposal, request for
qualification, request for information or request/invitation for bid b etween a potential vendor, service
provider, proposer or bidder, or agent, representative, lobbyist or consultant for the potential bidder;
and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the
City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City
Attorney with any qu estions on the Cone of Silence.
Date Issued: December 20, 2023
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THE CITY OF PLEASANT LIVING
TABLE OF CONTENTS
Section Page
Section 1: Information for Bidders 4
Section 2: Terms and Conditions 11
Section 3. Scope of Work 18
Section 4: Bid Submission Requirements and Evaluation &
Forms and Attachments
22
Section 4: Bid Form – Form 7 39
Section 4: References – Form 8 41
3 of 116 37
SECTION 1.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting bids for the “SANITARY SEWER
CONSTRUCTION AREA K – PHASE 1”. (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 December 20,
2023 11:00 AM
2
Non-Mandatory / Mandatory Pre-Bid Conference
and Site Visit
NONE
SCHEDULED
3 Deadline to Submit Questions / Requests for
Clarification January 9, 2024 10:00 AM
4 City Issues Addenda and Responds to Questions January 16, 2024 10:00 AM
5 Deadline to Submit Sealed Bids – Submission
Deadline January 23, 2024 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.
January 23, 2024 10:30 AM
7 City Manager issues recommendation to City Commission February 6, 2023 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission
Meeting February 6, 2023 7:00 PM
4 of 116 38
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 January
23, 2024 (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 Non-Mandatory Pre-bid conference, will NOT be scheduled for this project. Please refer to the
Schedule of Events on Page 4 of this solicitation.
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 January 9, 2024 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. PR2023-17, “SANITARY SEWER CONSTRUCTION AREA K –
PHASE 1” and addressed to:
5 of 116 39
Steven P. Kulick
City of South Miami Chief Procurement Officer
6130 Sunset Drive
City of South Miami, FL 33143
E-Mail: skulick@southmiamifl.gov
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
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Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility
Matters Primary Covered Transactions
Form 6. Bidder’s Qualifications Survey
Form 7. Bid Form
Form 8. Reference List
Form 9 Payment and Performance Bonds
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.
1.7.4.3. Additional qualifications. The Respondent must demonstrate that it has full-time
personnel with the necessary experience to perform the Project’s Scope of
Work. This experience shall include work in successfully completed projects
performed by the identified personnel whose bulk of work is similar in detail to the
Project’s Scope of Work described in these Solicitation Documents. Demonstrate the
experience requirement by:
Providing a detailed description of at least three (3) projects similar in detail to the
Project’s Scope of Work described in these Solicitation Documents and in which the
Bidder’s identified personnel is currently engaged or has completed within the past five
years. List and describe the aforementioned projects and state whether the work was
performed for the County, other government clients, or private entities. The
description must identify for each project:
1. The identified personnel and their assigned role and responsibilities for the listed
project.
2. The client’s name and address including a contact person and phone number for
reference.
3. Description of work.
4. Total dollar value of the contract.
5. Contract duration.
7 of 116 41
6. Statement or notation of whether Bidder’s referenced personnel is/was employed
by the prime contractor or subcontractor, and
7. For completed projects, provide letters of certification of final acceptance or similar
project closure documentation issued by the client and available Contractor’s
performance evaluations.
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
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.
8 of 116 42
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
(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;
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(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
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:
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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 “SANITARY SEWER CONSTRUCTION AREA
K – PHASE 1” Project (the “Project”). The Work to be performed includes, but is not limited to,
services related to the Sanitary Sewer Construction – Area K – Phase 1 as illustrated in the attached
documents and, as 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
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holds and will hold all Licenses throughout the term of the Agreement. Bidder shall provide the City with
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
Guaranty shall be forfeited to the City. All Bid Guarantees of unsuccessful Bidders will be
returned after the Contract is awarded and executed.
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Bid Bonds shall be submitted to the City Clerk’s Office no later than the Submittal Due
Date:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Npayne@southmiamifl.gov
If the requirement for a Bid Guaranty/Bid Bond is waived, the City shall select
this box: ☒.
2.10. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS.
Contractor shall conduct its operations in compliance with all applicable federal, State, County and City
laws and regulations in providing the Work required by this ITB.
2.11. ASSIGNMENT.
The Contractor shall not transfer or assign the performance of the Work required by this ITB and the
Agreement without the City’s prior written consent. Any award issued pursuant to this ITB and monies
which may be payable by the City, are not assignable except with the City’s prior written approval.
2.12. ATTORNEY’S FEES.
If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not,
Contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest
and reasonable attorney’s fees.
2.13. CONTRACTOR’S RELATION TO THE CITY.
It is expressly agreed and understood that the Contractor is in all respects an independent contractor as
to all Work hereunder, and that the Contractor is in no respect an agent, servant or employee of the
City. This ITB specifies the Work to be performed by the Contractor, but the method to be employed
to accomplish the Work shall be the responsibility of the Contractor, unless otherwise provided in the
Agreement or by the City.
2.14. DISCRIMINATORY PRACTICES.
The Contractor shall not discriminate or deny service, deny access, or deny employment to any person
on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Contractor will
strictly adhere to the equal employment opportunity requirements and any applicable requirements
established by the State of Florida or the Federal Government.
2.15. CANCELLATION.
Failure on the part of the Contractor to comply with the conditions, specifications, requirements and
terms as determined by the City, shall be just cause for cancellation of the award, with the Contractor
holding the City harmless.
2.16. INDEMNIFICATION.
The Contractor shall indemnify, save harmless and defend the City, its officers, agents and employees from
and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act,
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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
Telephone number: 305-663-6340
Email: NPayne@southmiamifl.gov
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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.
State of Florida Department of
Environmental Protection (FDEP)
ATTACHMENT D
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
“SANITARY SEWER CONSTRUCTION AREA K – PHASE 1”
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, and in
accordance with the terms and conditions described in Attachments A, C & D, all federal, state and local
requirements, guidelines and regulations included the Florida Building Code, the City Land Development
Code, all applicable ordinances of Miami-Dade County and the City, and the Americans with Disabilities
Act (ADA). If the Project involves a City park, the Contractor must comply with the City’s public
playground safety standards, rules, and guidelines.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from
Monday through Friday pursuant to Section 7-15 and 7-16 of the City Code of Ordinances.
3.2. SPECIFIC REQUIREMENTS.
The City is soliciting proposals from highly qualified firms for Sanitary Sewer improvements Phase I of Sub-
area K. All work must be completed within 270 calendar days from the issuance of a purchase order
and building construction permit as per the specifications, engineering construction drawings, and in
accordance with the terms and conditions described in Attachments A, C & D. Respondents shall review
enclosed specifications, engineering construction plan documents, tree survey details. Respondents are
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required to follow all federal, state and local codes as well as all rule compliance and guidelines with
Americans with Disabilities Act (ADA).
3.2.1 WASTEWATER COLLECTION SYSTEM SCOPE (Phase I)
The Project, including mobilization and demobilization, consists of:
• 2,394 L.F of 8- inch PVC gravity sewer main, 155 L.F. of 8-inch DIP gravity sewer main, 31 L.F. of
10- inch DIP gravity sewer main, 13 pre-cast concrete Manholes, 1,103 L.F. of 6-inch Sanitary
Sewer Laterals.
• Furnishing and installing approximately 72 linear feet of 6-inch, 694 linear feet of 8-inch ductile
pipe and fittings for a sanitary sewage force main, plug valve; making tapping connection to an
existing sanitary sewage force main including furnishing and installing a tapping sleeve (stainless
steel) and tapping valve; mechanical joint restraints; and automatic air release valve assemblies.
The project also includes providing Maintenance of Traffic (MOT) plans; providing off-duty police for traffic
control as may be required by the City or governing authorities; temporary and permanent replacement
of any sidewalk, sod, pavement markings, pavement and/or driveway damaged by construction and all
other appurtenant and miscellaneous items and work for a complete and fully functional installation .
Ancillary work includes all permitting; dewatering; storm water pollution prevention; removing unsuitable
soils and installing suitable backfill material where required; sheeting and shoring ordered left in place by
the Engineer; transport and legal disposal of demolition material; replacement of sod and shrubs; tree
protection, trimming, root pruning; performing work with time and weather limitations and other
appurtenant and miscellaneous items; and, all work necessary for a complete, fully functional and
satisfactory installation.
3.2.2 SEWER PUMP STATION SCOPE
The project consists of furnishing all materials, labor, and equipment necessary to Construct Sewage
Pump Station.
The scope of work consists of site preparation and clearing and grubbing, removal and disposal of
construction debris and any unsuitable fill in a legal manner as necessary; furnishing and installation of
sheet piling and devices to monitoring vibration; furnish and install new concrete wet well and valve vault
with concrete protective coating and top slab with H-20 loading aluminum access hatch for the wet well
and a standard H-20 loading aluminum access hatch for the valve vault; furnish and install new dual 15 hp.
submersible pumps and related equipment, all piping, fittings and appurtenances for new pump station
discharge and emergency connection; new concrete slab around wet well and valve vault for motor
connection boxes; new concrete slab for electrical service equipment, a new water service line, including
hose bibb with backflow preventer and protective cage; furnish and install new control panel, electrical
service, electrical meter, main disconnect, motor connection box and S.C.A.D.A. antenna, Contractor
will install RTU enclosure and will coordinate with M-DWASD staff for the installation, start-up and
testing of RTU. The work shall also include furnishing and installation of down transformers and down
transformer primary and secondary disconnect switches Contractor will coordinate with FPL for the
installation of electric service including connection to FPL feeder and conduit to FPL service, new pull
box provided by FPL and make connection to new service, will implement and maintain a Storm Water
Pollution Prevention Plan and will provide MOT Plan; construction of new lattice concrete paver
driveway; installation of the Decorative Landscaping; site restoration which includes importing, placing
and compacting suitable clean fill to achieve final elevations shown in proposed Site Plans (Sheet PS-2.1),
start up and testing; and other appurtenant and miscellaneous items and work as necessary for a
complete, satisfactory and fully functional installation.
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The City reserves the right to issue the Notice to Proceed (NTP) to the Contractor at any time after
the Award Letter has been issued.
It is the intent of the City to obtain a complete functional, and satisfactory installation under this Contract,
and any items of labor, equipment or materials which may reasonably be assumed as necessary to
accomplish this end shall be supplied whether or not they are specifically shown on the Plans or stated
herein.
The Contractor is also alerted that various "Standards" are used herein for reference and criteria, and
that he should obtain copies for his general use and protection. Abbreviated titles are used throughout
these Specifications and although most of them are widely known, their complete titles are given below
in order to avoid any misunderstanding.
AASHTO American Association of State Highway and Transportation
Officials
ACI American Concrete Institute
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.
ASTM American Society for Testing and Materials
AWWA American Water Works Association
FBC Florida Building Code
FDOT City of Transportation, State of Florida
MDCPW Miami-Dade County Public Works City
The above list shall not be considered complete, as there are other "Standards" used; however, in most
cases complete titles have been given.
Wherever "Standards” are indicated here in for reference, the referenced portion shall have the same
force and effect as if it were included, herein, in its entirety, latest revision if the date of publication is
not shown.
The contractor is made aware that the construction time is 270 consecutive calendar days to Final
Completion, 240 calendar days to substantial completion.
3.3. SITE LOCATION.
The Project will be held at SW 87th Street between SW 85th Avenue and SW 60th Avenue, SW
60th Avenue between SW 87th Street and SW 85th Street, and SW 85th Street between SW
60th Avenue and SW 62nd Avenue, 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 Specifications,” PLAN SET #1 - Sub Area K Sanitary Sewer – Phase I;
PLAN SET #2 - Pump Station Plans, Sanitary Sewer Improvements; PLAN SET #3 – Pump
Station Plans – Tree Disposition Plans; prepared by SRS Engineering.
3.5. PROJECT DURATION.
After permit(s) have been secured/approved, the Bidder is responsible for completing this project within
two hundred and seventy (270) calendar days from issuance of Notice to Proceed/Purchase
Order/Email Notification from the City’s Project Manager.
20 of 116 54
3.6. WARRANTY.
Bidder must include a warranty and/or guarantees of all material and labor that includes:
3.6.1. any conditions; and
3.6.2. guaranteed response time for repair; and
3.6.3. guaranteed replacement during the warranty period; and
3.6.4. life expectancy under normal use; and
3.6.5. Failures during the warranty period must be repaired or replaced to the satisfaction of the
City; and
3.6.6. the term of the warranty.
At a minimum, Bidder/Contractor must warrant their Work to be free of significant defects in
workmanship and materials for a period of one (1) year and if General Conditions are made part of the
contract documents for this project, at a minimum, Bidder/Contractor must warrant their Work in
accordance with the warranty requirements found in the General Conditions to the Contract.
If equipment is being provided, the standard manufacturer’s warranty information must be
provided in writing for all equipment being proposed and, if required by the warranty, such equipment
must be installed by an authorized installer before final payment is made. If the manufacturer’s warranty
is issued to the Bidder/contractor, Bidder/Contractor must assign it to the City.
3.7. DOCUMENTATION.
A prerequisite to final payment is the execution and delivery to the City of all documents required by any
governmental agency, including the City. Such documentation includes documentation for the conveyance
of any property or facilities that are the subject of this Project.
PERFORMANCE AND PAYMENT BONDS ARE REQUIRED FOR THIS
PROJECT.
A BID BOND IS NOT REQUIRED FOR THIS PROJECT
END OF SECTION 3
21 of 116 55
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. Payment and Performance Bonds √
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 –PLAN SET #1 - Sub Area
K Sanitary Sewer – Phase 1; PLAN SET #2- PUMP
STATION PLANS SANITARY SEWER
MPROVEMENTS; PLANS SET #3 - PUMP STATION
PLANS TREE DISPOSITION PLANS, prepared by SRS
Engineering
Attachment D: Grant Agreement; STATE OF FLORIDA DEPARTMENT
OF ENVIROMENTAL PROTECTION (FDEP)
22 of 116 56
FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PR2023-
17, “SANITARY SEWER CONSTRUCTION AREA K – PHASE 1.” 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
Form 8. Reference List
Form 9. Payment and Performance Bonds (if applicable)
23 of 116 57
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
24 of 116 58
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. 2023-17
“SANITARY SEWER CONSTRUCTION AREA K – PHASE 1” Project, and that this
execution thereof, attested by the Secretary of the Corporation/Company, and with the
Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
corporation/company on this the _____________ of ___________, 2023.
_______________________
Secretary
(SEAL)
25 of 116 59
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. PR2023-17 “SANITARY SEWER CONSTRUCTION AREA K – PHASE 1” 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)
26 of 116 60
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
27 of 116 61
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 sub sequent 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
28 of 116 62
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□
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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 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;
29 of 116 63
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
8. 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.
9. 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.
10. 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
30 of 116 64
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. PR2023-17 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.]
32 of 116 66
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
33 of 116 67
FORM 4
DISPUTE DISCLOSURE
Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”,
please explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES __________ NO __________
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
YES __________ NO __________
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
YES __________ NO __________
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this Bid or Bid for the City of South Miami.
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
34 of 116 68
FORM 5
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
(1) The prospective primary participant certifies to the best of its knowledge and belief that
it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective primary participant shall attach an explanation to this
Statement of Qualifications.
Entity Name: _________________________________________________________
Date: _________________________ By:
Signature of Authorized Representative
Name and Title of Authorized Representative
35 of 116 69
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:
36 of 116 70
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 (%)
37 of 116 71
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:
38 of 116 72
FORM 7
BID FORM/SCHEDULE OF VALUES
ITB No. PR2023-17
Note:
Quantities are being provided for reference only. Contractors shall be responsible for
verifying all quantities and take-offs, utilizing the furnished plans. Contractor's total sum
shall reflect the inclusion of all improvements noted, drawn, specified and identified
throughout the plans, without exception or exclusions.
AREA “K” PUMP STATION
39 of 116 73
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY UNIT COST TOTAL COST
General Requirements
1
For performing preparatory work and operations in mobilizing for beginning the work of the Project,
including preparation and acceptance of MOT, but excluding materials and permit costs, both of which
are paid under other payment items
LS 1
2 Preparation of As-built records LS 1
Demolition and Rehabilitation
3 Erosion and Sedimental Control LS 1
4 Clearing And Grubbing LS 1
5 Sod Restoration SY 350
6 For making cut-in connections to existing water mains
including cutting and capping existing main(s), as shown on the Plans, complete EA 4
7
For constructing brick paver roadway restoration (brick pavers, concrete pavers, stone pavers, stone
tiles, ceramic tile and other similar finishes) to match existing (Include 12-inches Stabilization and 8-
inches Limerock)
SY 35
8 Concrete Curb Type-F or Valley Gutter, (Include 12-inches Stabilization and 8-inches Limerock)LF 20
9 For furnishing and installing grout (flowable fill) for filling existing 8-inch water main that is to be placed out
of service LF 260
Civil-Structural
10 Excavation and Hauling (not assuming contaminated soil)CY 300
11 For furnish and install backfill material to meet proposed grading as shown on plans CY 130
12 Type B Stabilization (12-Inches)SY 90
13 Limerock (6-inches)SY 90
14 Heavy Duty Lattice Concrete Paver. Includes all labor and materials (paver, # 8 aggregate, and any
processing or material necessary to complete paver installation.)SY 65
15 Reinforced concrete band (driveway)LF 175
16 Preacast Concrete 96" dia. Wet Well w/ interior and exterior coating, F&I EA 1
17 Precast Concrete Top Slab w/ 32" x 54" (clear opening) Aluminium Access Hatch (Watertight) for Wet
Well EA 1
18 Precast Concrete 78" x 102" Valve Vault , F&I EA 1
19 Precast Concrete Top Slab w/ 60" x 70" (Clear Opening)Aluminium Access Hatch (Watertight) for Valve
Vault EA 1
20 Concrete Slab Around Wet Well & Valve Vault (6" Thick)SY 2
21 Reinforced Concrete Slab for Electrical Equipment, include concrete casing support LS 1
22 Reinforced Concrete Slab for Electrical Transformer SY 1
23 Reinforced Concrete Slab for Power and Juntion Boxes SY 1
24 Furnish and Install 6" Ductile Iron Pipe, Fittings, Plug/Check Valve and Suports LS 1
25 1" H.D.P.E. Water Service Line and Corp. Stop Connection to existing water main per M-DWASD STD
WS 2.16, including Pavement Restoration Type I per M-DWASD STD A 1.0 LS 1
26 5/8" x 3/4" Single Water Meter and Box w/ 3'x3'x6" Concrete Slab per M-DWASD STD WS 2.10, F&I EA 1
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" - PUMP STATION
Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, and profit. Payment for this project will be based upon completion of the entire
project as a unit price contract.
Page 1 of 340 of 116 74
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" - PUMP STATION
Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, and profit. Payment for this project will be based upon completion of the entire
project as a unit price contract.
27 1" RPZBFP w/ Hose Bibb per M-DWASD STD WS 4.18 and Sheet No. M-1 and w/ Plumbing Line,
Concrete Slab and Lockable Enclosure EA 1
Mechanical
28 Furnish and Install Submersible Pump FLYGT Model NP 3153.095 HT 3 - 465 Impeller or Approved
Equal w/ Electric Submersible Cable and Lift Chain EA 2
29 Furnish and Install discharge base, 6”x8" Base Elbows, and Guide Rails EA 2
30 Furnish and Install Sump Pump in Valve Vault EA 1
31 Furnish and Install Sump Pump Discharge Piping and Valves EA 1
Electrical
32 Furnish and Install Control Panel LS 1
33 Furnish and Install Main Disconnect EA 1
34 Furnish and Install SCADA RTU panel and antenna EA 1
35 Furnish and Install Juntion boxes, receptable floats LS 1
36 Furnish and Install Electrical equipment appurtenence (including conduits and wiring)LS 1
37 Furnish and Install 200 AMP Meter EA 1
38 Furnish and Install Grounding Electrode System LS 1
39 Furnish and Install Pump Feeder EA 2
40 Furnish and Install Equipment Rack EA 1
41 Furnish and Install 500 Kva Pad Mounted Transformer EA 1
42 Furnish and Install Level Transducer EA 1
43 Furnish and Install Pressure Transmitter (including saddle)LS 1
Landscape
44 New Large Tree EA 3
45 New Medium / Small Tree EA 6
46 New Shrubs EA 300
47 Tree Relocation EA 1
48 Tree Protection Barrier LF 150
49 Sod Restoration SY 222
Page 2 of 341 of 116 75
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" - PUMP STATION
Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, and profit. Payment for this project will be based upon completion of the entire
project as a unit price contract.
50 The SUM of Item Nos. 1 through 49
51 For cost of required permits, fees, inspections, impact fees, if authorized by the Engineer
(3% of the Subtotal, Item No. 50)
Dedicated
Allowance 1
52 For verifying existing utilities and performing soft digs if necessary Dedicated
Allowance 1
53
For unforeseen conditions, for minor construction changes, and for quantity adjustments, if ordered by the
Engineer
(15% of the Subtotal, Item No. 50)
Contingency
Allowance 1
54 The SUM of Item Nos. 51 to 53
1 Temporay Sheet Piling and Support of Excavation. Contingency Item SF 2,400
2 For providing uniformed, off-duty police officers for the purpose of maintenance of traffic Dedicated
Allowance 1
3
For removal, transport and legal disposal, including the payment of tipping fees, of any contaminated
material discovered along the pipeline’s proposed route. This item shall also include the hiring of an
environmental consultant firm by the contractor to prepare a soil and groundwater management plan, as
needed, conduct soil and/or groundwater sampling for lab analysis to determine disposal requirements
and oversee the handling of the material, including, but not limited to, the staging, segregation,
preparation for hauling (i.e., removal of excess groundwater from material) and disposal as approved by
the Engineer/Department.
Dedicated
Allowance 1
4 The SUM of Item Nos. 1 to 3 TOTAL CONTINGENCY
SUBTOTAL
TOTAL BID
CONTINGENCY ITEMS
Page 3 of 342 of 116 76
SUBMITTED THIS
DAY OF 20____.
BID SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Bid Fax Number
Signature Email Address
Title
43 of 116 77
FORM 7
(CONTINUED)
BID FORM/SCHEDULE OF VALUES
ITB No. PR2023-17
Note:
Quantities are being provided for reference only. Contractors shall be responsible for
verifying all quantities and take-offs, utilizing the furnished plans. Contractor's total sum
shall reflect the inclusion of all improvements noted, drawn, specified and identified
throughout the plans, without exception or exclusions.
AREA “K” GRAVITY SEWER AND FORCE MAIN – PHASE 1
44 of 116 78
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY UNIT COST TOTAL COST
1
For performing preparatory work and operations in mobilizing for beginning the work of the Project,
including preparation and acceptance of MOT, but excluding materials and permit costs, both of which are
paid under other payment items
Aggregate Sum 1
2 For furnishing and delivering to the Department 10-inch zinc-coated ductile iron pipe for sanitary sewer
main Linear Feet 31
3 For installing 10-inch ductile iron pipe for sanitary sewer main (greater than 14 feet or in accordance with
zoning)Linear Feet 31
4 For furnishing and delivering to the Department 8-inch zinc-coated ductile iron pipe for sanitary sewer
main Linear Feet 155
5 For installing 8-inch ductile iron pipe for sanitary sewer main (greater than 14 feet or in accordance with
zoning)Linear Feet 155
6 For furnishing and delivering to the Department 8-inch PVC (C900) DR 25, (C.I.O.D.), (9.5” O.D.) colored
green pipe with neoprene gaskets for sanitary sewer main Linear Feet 2,394
7 For installing 8" PVC (C-900) pipe for sanitary sewer main (6 to 7.99-feet)Linear Feet 318
8 For installing 8" PVC (C-900) pipe for sanitary sewer main (8 to 9.99 feet)Linear Feet 400
9 For installing 8" PVC (C-900) pipe for sanitary sewer main (10 to 11.99 feet)Linear Feet 655
10 For installing 8" PVC (C-900) pipe for sanitary sewer main (12 to 13.99 feet)Linear Feet 1021
11
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for 6 ft. to 7.99 ft.
depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All
as per MDWASD Specifications and Details), complete.
Each 1
12 For installing Precast reinforced Concrete Manhole with frame and cover for 6 ft. to 7.99 ft. depths, with
concentric/eccentric corbel, complete.Each 1
13
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for 8 ft. to 9.99 ft.
depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All
as per MDWASD Specifications and Details), complete.
Each 1
14 For installing Precast reinforced Concrete Manhole with frame and cover for 8 ft. to 9.99 ft. depths, with
concentric/eccentric corbel, complete.Each 1
15
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for 10 ft. to 11.99
ft. depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All
as per MDWASD Specifications and Details), complete.
Each 2
16 For installing Precast reinforced Concrete Manhole with frame and cover for 10 ft. to 11.99 ft. depths, with
concentric/eccentric corbel, complete.Each 2
17
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for >12 ft. depths.
Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with membrane
sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All as per
MDWASD Specifications and Details), complete.
Each 6
18 For installing Precast reinforced Concrete Manhole with frame and cover for >12 ft. depths, with
concentric/eccentric corbel, complete.Each 6
19
For furnishing and delivering to the Department precast Reinforced Concrete DROP Manhole for >12 ft.
depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All
as per MDWASD Specifications and Details), complete.
Each 3
20 For installing Precast reinforced Concrete Manhole with drop connections frame and cover for >12 ft.
depths, with concentric/eccentric corbel, complete.Each 3
21 For furnishing and installing 8 x 6-inch ductile iron pipe tee branch connection for sanitary sewer Each 2
22 For furnishing and installing 8 x 6-inch PVC (C-900) tee branch connection for sanitary sewer Each 35
23 For furnishing and installing 8 x 6-inch PVC (C-900) Wye branch connection for sanitary sewer Each 7
24 For furnishing and delivering to the Department 6-inch PVC (C-900) sanitary sewer lateral, including
fittings and clean-out assemblies, complete Linear Feet 1103
25 For installing 6-inch PVC (C-900) sanitary sewer lateral, including fittings and clean-out assemblies,
complete Linear Feet 1103
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" - GRAVITY SEWER AND FORCE MAIN - PHASE 1
Page 1 of 345 of 116 79
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" - GRAVITY SEWER AND FORCE MAIN - PHASE 1
26 For furnishing and delivering to the Department 6-inch zinc-coated ductile iron pipe, fittings and plug
valves for sewage force main Linear Feet 72
27 For installing 6-inch zinc-coated ductile iron pipe, fittings and plug valves for sewage force main Linear Feet 72
28 For furnishing and delivering to the Department 8-inch zinc-coated ductile iron pipe, fittings and plug
valves for sewage force main Linear Feet 694
29 For installing 8-inch zinc-coated ductile iron pipe, fittings and plug valves for sewage force main Linear Feet 694
30 For constructing Automatic Air Release Valve Assemblies (AARVs) for sewage force main at the
locations shown on the Plans, complete
Each
(Contingent Item)1
31
For making a tapping connection(s) to an existing sewage force main at:
SW 62nd AVE (STA 10+80±)
including furnishing and installing a tapping sleeve (stainless steel) and tapping valve, as shown on the
Plans, complete, and obtaining the services of a tapping specialist to tap the exist existing sewage force
main
Aggregate Sum 1
32 For trench overcut in 1-foot depth increments, for any size pipe Linear Feet
(Contingent Item)200
33 For removal, transport and legal disposal of unsuitable backfill materials, including tipping fees, as
ordered by the Engineer
Cubic Yards
(Contingent Item)100
34 For sheeting and shoring ordered left in place by the Engineer Square Feet
(Contingent Item)500
35 For furnishing and installing additional suitable backfill material, as directed by the Engineer Cubic Yards
(Contingent Item)500
36 For constructing limerock base for Type "I" permanent pavement repairs on NON FDOT Roads,
including the laterals Square Yards 2,450
37 For constructing Type "I" asphaltic concrete surface course permanent pavement repairs NON FDOT
Roads, including the laterals Square Yards 2,450
38 For constructing limerock base for Type "I" permanent pavement repairs on Driveways Square Yards 180
39 For constructing Type "I" asphaltic concrete surface course permanent pavement repairs Driveways Square Yards 180
40 For constructing concrete driveway restoration to match existing Square Yards 60
41 For constructing brick paver driveway restoration (brick pavers, concrete pavers, stone pavers, stone
tiles, ceramic tile and other similar finishes) to match existing Square Yards 100
42 For restoring sodded area Square Yards
(Contingent Item)1500
43 As Built Aggregate Sum 1
44 The SUM of Item Nos. 1 through 43
45 For cost of required permits, fees, inspections, impact fees, if authorized by the Engineer
(3% of the Subtotal, Item No. 44)
Dedicated
Allowance 1
46 For verifying existing utilities and performing soft digs if necessary Dedicated
Allowance 1
SUBTOTAL
Page 2 of 346 of 116 80
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" - GRAVITY SEWER AND FORCE MAIN - PHASE 1
47
For unforeseen conditions, for minor construction changes, and for quantity adjustments, if ordered by the
Engineer
(10% of the Subtotal, Item No.44)
Contingency
Allowance 1
48 The SUM of Item Nos. 44 to 47
1 For constructing Type V permanent pavement repairs for entire roadway (nominal 1 inch thick machine-
overlaid asphaltic concrete SP-9.5 overlay), NONE FDOT Roads Square Yards 6,200
2 For replacing pavement markings damaged, removed or obliterated by the Contractor's operation Aggregate Sum 1
3 For providing uniformed, off-duty police officers for the purpose of maintenance of traffic Dedicated
Allowance 1
4
For removal, transport and legal disposal, including the payment of tipping fees, of any contaminated
material discovered along the pipeline’s proposed route. This item shall also include the hiring of an
environmental consultant firm by the contractor to prepare a soil and groundwater management plan, as
needed, conduct soil and/or groundwater sampling for lab analysis to determine disposal requirements
and oversee the handling of the material, including, but not limited to, the staging, segregation,
Dedicated
Allowance 1
5 The SUM of Item Nos. 1 to 4
TOTAL BID
CONTINGENCY ITEMS
TOTAL CONTINGENCY
Page 3 of 347 of 116 81
I I
SUBMITTED THIS
DAY OF 20____.
BID SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Bid Fax Number
Signature Email Address
Title
48 of 116 82
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
49 of 116 83
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
50 of 116 84
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
51 of 116 85
FORM 9
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.
PR2023-17, 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.
52 of 116 86
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:
53 of 116 87
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as Principal in the
within Bond; that who signed the said bond on behalf of the Principal, was then
of said Corporation; that I know his/her signature, and his/her signature hereto is genuine;
and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority
of its governing body.
(Affix Corporate Seal)
Corporate Secretary
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Firm:
State of Florida
County of
Before me, a Notary Public, duly commissioned, qualified and acting, appeared
by means of physical presence or online notarization who being by me first duly sworn
upon oath, says that s/he is the Attorney-in-Fact, for the and that s/he
has been authorized by to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida
Sworn and subscribed to before me this day of , 20 .
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
(Attach Power of Attorney)
END OF SECTION 4
54 of 116 88
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. PR2023-17 (the “ITB”) for construction of
“SANITARY SEWER CONSTRUCTION AREA K – PHASE 1” (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 SRS Engineering (the “Project Consultant”) attached hereto
as Exhibit “C” (the “Design Plans & Specifications”) and any other documents incorporated
herein by reference and made a part of this Contract for the following Project:
“SANITARY SEWER CONSTRUCTION AREA K – PHASE 1”
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
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.
55 of 116 89
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.
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.
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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.
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
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 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 two-hundred and
seventy (270) 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 two-hundred and seventy (270) 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 $2,650.00 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 $2,650.00 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
the amount of said excess.
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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 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 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.
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;
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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.
3.9.1. 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
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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 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
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 (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
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:
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 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 (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
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.
7.1.1.7. 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
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-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,
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 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
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
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
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
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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.
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
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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,
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 this Contract or
such other address as the party may have designated by proper notice.
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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.
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
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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
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
74 of 116 108
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
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
(FDEP)
ATTACHMENT D
If the Work will be funded utilizing Grant funds, the City shall select this box:.
11.9. DBE Contract Assurance.
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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.
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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)
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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
78 of 116 112
NOTICE TO PROCEED
Dated: , 20
To: `
Project Name: SANITARY SEWER CONSTRUCTION AREA K – PHASE 1
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:
79 of 116 113
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 SPECIFICATIONS”
Prepared by:
SRS Engineering
PLAN SET #1
SUB AREA K SANITARY SEWER – PHASE 1
PLAN SET #2
PUMP STATION PLANS
SANITARY SEWER IMPROVEMENTS
PLAN SET #3
PUMP STATION PLANS
TREE DISPOSITION PLANS
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ATTACHMENT C
PLAN SET #1
SUB AREA K SANITARY SEWER – PHASE 1
Prepared by:
SRS Engineering
Dated November 28, 2023
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ATTACHMENT C
PLAN SET #2
PUMP STATION PLANS
SANITARY SEWER IMPROVEMENTS
Prepared by:
SRS Engineering
Dated November 27, 2023
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ATTACHMENT C
PLAN SET #3
PUMP STATION PLANS
TREE DISPOSITION PLANS
Prepared by:
SRS Engineering
Dated December 5, 2023
84 of 116 118
ATTACHMENT D
GRANT AGREEMENT
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP)
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215 .971, Florida Statutes:
1. Project Title (Project): Agreement Number:
South Miami Septic to Sewer (Conversion Program) Project
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
LPA0683
(Department)
Grantee Name: City of South Miami Entity Type : Local Government
Grantee Address: 6130 Sunset Drive Miami, Florida 33143 FEID : 59-6000431
Grantee
3 . Agreement Begin Date : Date of Expiration :
Upon Execution September 30, 2025
4. Project Number:
(lj different from Agreement Number)
Project Location(s): Lat/Long: (25.6922, -80.2911)
Project Description: The Grantee will construct a new public sanitary system, pump station, force main(s), gravity sewer main(s), and laterals along SW 85th Street,
SW 60th Avenue, and SW 87th Street. The project will result in the completion of Phase I for the sanitary sewer improvements in Sub-Area K.
5. Total Amount of Funding: Funding Source? Award #s or Line Item Aooropriations : Amount per Source(s):
$ 1,800,000.00 ~ State □Federal LP, GAA LI 1705A, FY 23-24, GR $
D State □Federal $
D Grantee Match $
Total Amount of Funding+ Grantee Match, if any: $
6 . Department's Grant Manager
Name : Michelle Ramirez
or successor
Address : Florida Dept. of Environmental Protection
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
Phone : 850-245-2818
Grantee's Grant Manager
Name: Aurelio Carmenates
Address: 6130 Sunset Drive
Miami, Florida 33143
Phone: 305-403-2062
Email : Michelle.Ramirez@FloridaDEP.gov Email : acarmenates@southmiamifl.gov
1,800,000.00
1,800,000.00
or successor
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
~ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
~ Attachment 2 : Special Terms and Conditions
~ Attachment 3 : Grant Work Plan
~ Attachment 4 : Public Records Requirements
~ Attachment 5 : Special Audit Requirements
D Attachment 6 : Program-Specific Requirements
D Attachment 7 : Grant Award Terms (Federal) *Copy available at hllJls ://facts .fldfs.com , in accordance with §215.985 , F.S .
D Attachment 8: Federal Regulations and Terms (Federal)
D Additional Attachments (ifnecessary):
~ Exhibit A: Progress Report Form
D Exhibit B : Property Reporting Form
~ Exhibit C : Payment Request Summary Form
D Exhibit D: Quality Assurance Requirements
D Exhibit E : Advance Payment Terms and Interest Earned Memo
D Exhibit F : Common Carrier or Contracted Carrier Attestation Form PURI 808
D Additional Exhibits (ifnecessary):
DEP Agreement No. LPA0683
Rev. 10/25/2'...
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Fedml Awa'dldmti
FedttalA"Wfl:f'd.Date.
IN WITNESS WBEUOF• this Agreement shaD be effedive on the date indicated b}' the Agreement Begin Date unless
another date is ,pecifled in the grant documents.
GRANTEE
By
Gena.to Iglesias,. City Manager
Print Name and Title of Person Slpin§
State of Florida Department of Environmental Protection DEPARTMENT
Se~ :<>r Designee Date Signed
Angela Knecht, Director,, Division of Water Restoration Assistnce
Print Name and Title of Person Signing
li1 Additional signatures attached on separate page.
DEP Agreement No. LPAOCil3
Rev.6/6/23
Michelle Ramirez Digitally signed by Michelle
Ramirez
Date: 2023.10.31 16:12:45 -04'00'
Mitch Holmes Digitally signed by Mitch Holmes
Date: 2023.10.31 16:18:56 -04'00'
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DWRA Additional Signatures
Michelle Ramirez, DEP Grant Manager
Mitch Holmes, DEP QC Reviewer
89 of 116 123
1. Entire Agreement.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void .
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows :
i. Standard Grant Agreement
ii . Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii . Attachment 1, Standard Terms and Conditions
iv . The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person . Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time .
c . If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties ' records . A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties . A formal amendment to this Agreement is required for changes which cause any of the
following :
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement ; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories , as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when :
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defmed in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements .
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions . The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions .
Rev. 7/12/2023
Attachment 1
1 of 13
90 of 116 124
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable . The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that : (1) the services will be performed by qualified personnel ; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements . Notwithstanding any provisions herein to the contrary , written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
i. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee 's expense. If Department's Grant Manager does not accept the
deliverables within 30 days ofreceipt, they will be deemed rejected .
n . Rejection of Deliverables . The Department reserves the right to reject deliverables , as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense . Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice . Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements . The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee 's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a . Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties .
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by I% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan . If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days .
1. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days ofreceipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted . If the CAP is not accepted, Grantee shall have ten ( 10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP . Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii . Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
Attachment 1
2 ofl3
Rev. 7/12/2023
91 of 116 125
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance . The Grantee shall continue to implement
the CAP until all deficiencies are corrected . Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
111. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Payment Process. Subject to the terms and conditions establ ished by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422 , Florida Statutes (F .S .).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials . The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c . Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee .
d . Reimbursement for Costs . The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan .
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form . To be eligible for
reimbursement, costs must be in compliance with laws, rules , and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address : https://www .myfloridacfo .com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
e . Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed . The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan .
f. State Funds Documentation. Pursuant to section 216 .13 66 , F . S ., if Contractor meets the definition of a non-profit
organization under section 215 .97(2)(m), F .S., Contractor must provide the Department with documentation that
indicates the amount of state funds :
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of director s or an officer of Contractor.
11 . Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration . Such information must be
posted on the State's the contract tracking system and maintained pursuant to section 215 .985, F .S., and must be
posted on the Contractor's website, if Contractor maintains a website.
g. Interim Payments . Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
h. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
i. Annual Appropriation Contingency . The State 's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations . Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
j . Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration . To obtain the applicable interest rate, please refer to:
www .myfloridacfo .com/Division/ AA/V endors/default.htm .
Attachment 1
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Rev. 7/12/2023
92 of 116 126
k. Refund of Payments to the Department. Any balance ofunobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds .
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions , the following
conditions apply . Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories :
a . Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements .
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i .e ., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification . Interest shall be charged on the excessive rate .
c . Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee .
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i .e ., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification . Interest shall be charged on the excessive
rate . Nonconsumable and/or nonexpendable personal property or equipment costing $5 ,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F .S., and
Chapter 691-72 , Florida Administrative Code (F.A.C .) and/or Chapter 691-73, F.A.C ., as applicable . The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services . The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors .
1. For fixed-price (vendor) subcontracts, the following provisions shall apply : The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan . Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process ( e .g ., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above . In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount, Grantee may proceed in fmalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F .S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements .
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112 .061,
F .S .
e . Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defmed as capital outlay costing
$5,000 or more . Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor . Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f . Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges .
g . Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses , reproduction, or mailing , are reimbursable or available for match or reimbursement under the
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terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices . Additionally, independent of Grantee 's contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney 's fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h . Land Acquisition . Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements ; and/or obtaining record title ownership ofreal property through purchase) must be supported by the
following , as applicable : Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights . If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds .
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31 . The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a . The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions .
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables .
b . If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed . The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture . If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c . No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy . The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c . Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage .
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e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
1. Termination for Convenience . When it is in the State's best interest, Department may , at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee . The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated . The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination . The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
ii. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
iii . Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits .
1v . Continuation of Prepaid Services . If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
v. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances . This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure . The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice .
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f . Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
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g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement :
1. Entry of an order for relief under Title 11 of the United States Code;
11. The making by Grantee of a general assignment for the benefit of creditors;
m . The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
1v. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience . Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department 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. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
1. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
11. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
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b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: ( 1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense . The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld .
c . Notwithstanding sections a . and b . above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents . However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S . Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d . No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible . Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000 .
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity . The Department may, in addition to
other remedies available to it , at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b . Pursuant to sections 287 .133, 287.134, and 287.137 F .S ., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list :
i. Public Entity Crime. 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, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287 .017 , F.S ., for CATEGORY TWO for a period of36 months following the
date of being placed on the convicted vendor list.
11. Discriminatory Vendors . An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
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.
111. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity ;
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may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity .
1v . Notification . The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriniinatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website . Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915 .
23. Compliance with Federal, State and Local Laws.
a . The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements .
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discriniination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein . Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State , and venue will be in the
Second Judicial Circuit, in and for Leon County . Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) -Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States ;
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States .
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
1. Signage Requirements
a . Investing in America Emblem : The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a ''project funded by President Biden's Bipartisan
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Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https :/ /www .epa.gov/invest/investing-america-signage.
b . Procuring Signs: Consistent with section 6002 ofRCRA, 42 U .S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs ( excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable .
26. Scrutinized Companies.
i. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott oflsrael. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
oflsrael during the term of the Agreement.
11. If this Agreement is for more than one million dollars, the Grantee certifies that it is 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 Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is 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.
m. As provided in subsection 287.135(8), F.S ., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied . The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five ( 5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or fmancial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at :
http ://dos.myflorida .com/librru:y-archives/records-management/general-records-schedules/).
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20 .055(5), F .S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively .
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b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods :
1. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
11. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
111. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements . Each amendment that authorizes a funding increase or decrease shall include an
updated copy ofExhibit 1, to Attachment 5. IfDepartment fails to provide an updated copy ofExhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms ofFederal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor . For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website :
https :\\apps .fldfs .com\fsaa .
d . Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200 . The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded .
1. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii . In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
111. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict oflnterest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
Attachment 1
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a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c . The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d . The Department's actions under paragraphs b . or c . shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e . The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations .
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned frrms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties . If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third-
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
37. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications . Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Attachment 1
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Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports . All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee .
40. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Rev. 7/12/2023
Attachment 1
13 of 13
102 of 116 136
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. LPA0683
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply .
1. Scope of Work.
The Project ftmded under this Agreement is South Miami Septic to Sewer (Conversion Program) Project. The
Project is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration .
a . Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2023 and ends at the
expiration of the Agreement.
b . Extensions . There are extensions available for this Project.
c . Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a . Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3 .
b . Invoicing . Invoicing will occur as indicated in Attachment 3 .
c . Advance Pay . Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defmed in the Reference Guide for State Expenditures, as indicated :
Reimbursement Match Category
□ □ Salaries/Wages
Overhead/Indirect/General and Administrative Costs :
□ □ a. Fringe Benefits, N IA.
□ □ b. Indirect Costs, N I A.
[8J □ Contractual (Subcontractors)
□ □ Travel, in accordance with Section 112, F .S.
□ □ Equipment
□ □ Rental/Lease of Equipment
□ □ Miscellaneous/Other Expenses
□ □ Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be ftmded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions ftmded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
Rev. 10/11/2022
Attachment 2
1 of3
103 of 116 137
8. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below . The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are :
a . Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250 ,000 for each
occurrence and $500 ,000 policy aggregate .
b . Commercial Automobile Insurance .
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable
$200,000 /300,000 Hired and Non-owned Automobile Liability Coverage
c . Workers' Compensation and Employer's Liability Coverage .
The Grantee shall provide workers' compensation, in accordance with Chapter 440 , F .S . and employer
liability coverage with minimum limits of$100,000 per accident, $100,000 per person, and $500,000
policy aggregate . Such policies shall cover all employees engaged in any work under the Grant.
d . Other Insurance . None .
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
No retainage is required under this Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land .
13. Office of Policy and Budget Reporting.
The Grantee will identify the expected return on investment for this project and provide this information to the
Governor 's Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full
calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days
after the end of each quarter, documenting the positive return on investment to the state that results from the
Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever
occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also
be submitted to the Department at legislativeaffairs@floridaDEP.gov.
14. Common Carrier.
a . Applicable to contracts with a common carrier -firm/person/corporation that as a regular business
transports people or commodities from place to place . If applicable, Contractor must also fill out and
Attachment 2
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return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section
908.11 l(l)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b . Applicable to solicitations for a common carrier -Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808 , and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S .C . ss . 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808
15. Additional Terms.
None.
Any terms added here must be approved by the Office of General Counsel.
Rev. 10/11/2022
Attachment 2
3 of3
105 of 116 139
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: South Miami Septic to Sewer (Conversion Program) Project
PROJECT LOCATION: The Project will be located in the City of South Miami within Miami-Dade
County; Lat/Long (25.6922, -80.2911). See Figure I for a location map.
PROJECT BACKGROUND: The Citywide Sanitary Sewer Master Plan, completed on November 7,
2016, aimed to address areas in the city without access to the Miami-Dade Waste and Sewer District
(MDW ASD) public sewer system . The areas without access have been divided into eleven ( 11) sub-areas
labeled A-K, with sub-area K being the only one to have gone through the design phase . Sub-Area K serves
205 properties, does not require a system interconnection, and is considered an area threatened by sea level
rise. The project also allows for future expansion of the sanitary system in the area.
PROJECT DESCRIPTION: The Grantee will construct a new public sanitary system, pump station, force
main(s), gravity sewer main(s), and laterals along SW 85th Street, SW 60th Avenue, and SW 87th Street.
The project will result in the completion of Phase I for the sanitary sewer improvements in Sub-Area K.
TASKS: All documentation should be submitted electronically unless otherwise indicated.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement or match
documentation no more frequently than monthly .
Task 1: Construction
Deliverables: The Grantee will construct a public sanitary sewer system, pump station, force main(s),
gravity sewer main(s), and laterals in accordance with the construction contract documents . The Grantee
will submit through the Department's GIS web-interface data collection tool, parcel-level data identifying
collection system extensions; lift stations and other infrastructure associated with the grant; and both the
parcels connected to sewer and the parcels where sewer has been made available for connection but not yet
connected along with associated grant information.
Documentation: The Grantee will submit: 1) a copy of the final design; 2) a signed acceptance of the
completed work to date, as provided in the Grantee's Certification of Payment Request; 3) a signed
Engineer's Certification of Payment Request; 4) an email from the Department's GIS web-interface data
collection tool, confirming that data for the project has been submitted.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables have been completed as described above . Upon review and written acceptance by the
Department's Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly .
DEP Agreement No. LPA0683, Attachment 3, Page 1 of2
106 of 116 140
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation
received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget
amounts as indicated below.
Task Task Title No.
1 Construction
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Total: $1,800,000 .00
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Exhibit "A"
DEP Agreement No. LPA0683, Attachment 3, Page 2 of2
Task Task
Start Date End Date
07/01/2023 03/31/2025
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107 of 116 141
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000 .00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119 .07(1), F .S .
b . The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119 .0701(1)(a), F .S., the following provisions apply and the contractor shall :
a. Keep and maintain Public Records required by Department to perform the service .
b. Upon request, provide Department with a copy ofrequested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F .S., or
as otherwise provided by law .
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119 .10, F .S.
d . 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 term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements . If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Rev . 4/27/2018
Telephone: (850) 245-2118
Email: public.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
1 of 1
108 of 116 142
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defmed by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in 2 CFR
§200.330
1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program-
specific audit conducted in accordance with the provisions of2 CFR Part 200, Subpart F. EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part .
2. For the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https :/I sam.gov/content/assistance-listings.
BGS-DEP 55-215
Attachment 5
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revised 11/8/2022
109 of 116 143
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215 .97, F .S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10 .550 (local
governmental entities) or 10 .650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state fmancial assistance expended in its fiscal year, the
recipient shall consider all sources of state fmancial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities . State
fmancial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements .
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
fmancial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10 .550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215 .97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state fmancial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i .e., the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i .e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97 (8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215. 97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200 .512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200 .512
A. The Federal Audit Clearinghouse designated in 2 CFR §200 .501(a) (the number of copies required by
2 CFR §200.50l(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
BGS-DEP 55-215
Attachment 5
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revised 11/8/2022
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By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http ://harvester.census .gov /facweb/
2 . Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following :
A. The Department of Environmental Protection at one of the following addresses :
By Mail :
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep .state .fl .us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http ://flauditor.gov0 provides instructions for filing an
electronic copy of a financial reporting package.
3 . Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses :
By Mail :
Audit Director
Florida Department of Environmental Protection
Office oflnspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep .state .fl .us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
BGS-DEP 55-215
Attachment 5
3 of6
revised 11/8/2022
111 of 116 145
5. Recipients, when submitting fmancial reporting packages to the Department ofEnvironmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10 .550 (local
governmental entities) and 10 .650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package .
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee , Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection .
BGS-DEP 55-215
Attachment 5
4 of6
revised 11/8/2022
112 of 116 146EXHIBIT-I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same iriformation shown below for each federal program and show totalfederal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation A Federal Agencv Number CFDA Title Funding Amount Category $ Federal State Program CFDA Appropriation B Federal Agency Number CFDA Title Funding Amount Category $ Note: Of the resources awarded to the rec-ipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A Federal Program B BGS-DEP 55-215 Revised 7/2019 First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1 5 of6
113 of 116 147Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal prowam and show total state resources awardedfor matching State Resources Awarded to the Recipient Pursuant to this Ae;reement Consist of the Followine: Matchin!! Resources for Federal Proe;rams: Federal State Program Appropriation A Federal Agency CFDA CFDA Title Funding Amount Category Federal State Program Appropriation B Federal Agency CFDA CFDA Title Funding Amount Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is sub;ect to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Ae:reement Consist of the Followine: Resources Subiect to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation A State Awarding Agency Fiscal Y ear1 Number Funding Source Description Funding Amount Category Original Department of 2023-2024 37.039 Statewide Water Quality Restoration $1,800,000 140047 Agreement Environmental Protection Projects State CSFA Title State Program State CSFA or Appropriation B State Awarding Agency Fiscal Y ear2 Number Funding Source Description Funding Amount Category Total Award I $1,800,000 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. I, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state project compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. 1 Subject to change by Change Order. 2 Subject to change by Change Order. BGS-DEP 55-215 Revised 7/2019 Attachment 5, Exhibit 1 6 of6
114 of 116 148
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DEP A2reement No.:
Exhibit A
Progress Report Form
LPA0683
Pro.iect Title: South Miami Septic to Sewer (Conversion Program) Project
Grantee Name: City of South Miami
Grantee's Grant Mana2er:
Reportin2 Period: Select Quarter -Select Year
Provide the following information for all tasks identified in the Grant Work Plan:
Summarize the work completed within each task for the reporting period, provide an update on the estimated
completion date for each task, and identify any anticipated delays or problems encountered. Use the format
provided below and use as many pages as necessary to cover all tasks. Each quarterly progress report is due
no later than twenty (20) days following the completion of the quarterly reporting period .
Task 1: Construction
• Progress for this reporting period:
• Identify delays or problems encountered:
Completion Status for Tasks:
Indicate the completion status for the following tasks, if included in the Grant Work Plan. For construction,
the estimated completion percentage should represent the work being funded under this Agreement.
Permitting (Completed): Yes □, No □
Construction (Estimated): % ----
This report is submitted in accordance with the reporting requirements of the above DEP Agreement number
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
(Original Ink or Digital Timestamp)
Exhibit A, Page 1 of 1
Date
115 of 116 149
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit C
Payment Request Summary Form
The Payment Request Summary Form for this grant can be found on our website at this link :
ht!J?s://floridadep.gov/wra/wra/documents/payment-request-summary-form
Please use the most current form found on the website, linked above, for each payment request.
Exhibit C, Page 1 of 1
Rev. 12/02/19
END OF DOCUMENT
116 of 116 150
March 11, 2024
Mr. Aurelio J. Carmenates, P.E.
Capital Improvement Program Project Manager
City of South Miami
Public Works Engineering & Construction Division
6130 Sunset Drive
Miami, Fl 33143
Subject: Evaluation of Bid Proposals for
Sanitary Sewer Construction Area K – Phase 1
I am writing to officially communicate the results of our evaluation of the bid proposals submitted
for the Sanitary Sewer Construction Area K – Phase 1 project, as engineers of record on behalf
of SRS Engineering, Inc. SRS’s evaluation of the two lowest bidders consisted of the following:
1. Review of each bidder’s construction license with the licensing entity, (both are State
Licenses).
2. Review of License duration, expiration date and reports of any complaints to the licensing
board with the State.
3. Review of Insurance coverage (Liability & workman’s Comp.).
4. Follow-up contacts of all reference projects provided.
5. Followed up on ability of the bidder to post the payment and performance bond required for
the project.
6. Reviewed response packages for each bidder and looked at the workforce capacity of each.
7. Reviewed the experience based on the reference projects as to scope of work relative to this
project and how recent was the experience.
8. Reviewed actual bid items for any irregularities.
Following a thorough assessment of each bid submittal from the four bidders and a
comprehensive evaluation of their qualifications and bid costs, we are pleased to provide our
findings and recommendation to the City of South Miami.
After careful consideration of the information provided by all bidders, it is our professional opinion
that ATC Engineering, Inc. (ATC) has emerged as the lowest responsible bidder for the project.
Furthermore, ATC has demonstrated that they meet all the minimum qualifications required for
the project. Our evaluation process included a detailed analysis of each bidder's technical
capabilities, experience, financial stability, and adherence to project specifications and
requirements.
We believe that selecting ATC as the contractor for the Sanitary Sewer Construction Area K –
Phase 1 project aligns with the City's objectives of ensuring quality construction within budgetary
constraints. We believe ATC has the ability to execute the project efficiently and effectively,
delivering the desired outcomes within the specified timeline and meeting the City's expectations.
151
March 11, 2024
Page 2
Please find attached a comprehensive report detailing our evaluation process and the rationale
behind our recommendation for selecting ATC as the preferred bidder for the Sanitary Sewer
Construction Area K – Phase 1 project. Should you require any further clarification or information,
please do not hesitate to contact us.
We look forward to working collaboratively with the City of South Miami and ATC to ensure the
successful completion of the Sanitary Sewer Construction Area K – Phase 1 project.
Sincerely,
Ignacio Serralta, P.E.
President
152
SRS
Engineering,
Inc
ATC Engineering Pro Service
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY UNIT COST TOTAL COST ESTIMATED
QUANTITY UNIT COST TOTAL COST ESTIMATED
QUANTITY UNIT COST TOTAL COST
1
For performing preparatory work and operations in mobilizing for beginning the work of the Project, including
preparation and acceptance of MOT, but excluding materials and permit costs, both of which are paid under
other payment items
LS 1 $20,000.00 $20,000.00 1 $35,000.00 $35,000.00 1 $30,942.40 $30,942.40
2 Preparation of As-built records LS 1 $10,000.00 $10,000.00 1 $12,500.00 $12,500.00 1 $55,335.00 $55,335.00
3 Erosion and Sedimental Control LS 1 $1,000.00 $1,000.00 1 $20,000.00 $20,000.00 1 $2,493.00 $2,493.00
4 Clearing And Grubbing LS 1 $10,000.00 $10,000.00 1 $5,000.00 $5,000.00 1 $8,514.60 $8,514.60
5 Sod Restoration SY 350 $5.00 $1,750.00 350 $15.00 $5,250.00 350 $28.00 $9,800.00
6 For making cut-in connections to existing water mains
including cutting and capping existing main(s), as shown on the Plans, complete EA 4 $2,000.00 $8,000.00 4 $2,500.00 $10,000.00 4 $2,128.65 $8,514.60
7
For constructing brick paver roadway restoration (brick pavers, concrete pavers, stone pavers, stone tiles,
ceramic tile and other similar finishes) to match existing (Include 12-inches Stabilization and 8-inches
Limerock)
SY 35 $209.00 $7,315.00 35 $150.00 $5,250.00 35 $66.56 $2,329.60
8 Concrete Curb Type-F or Valley Gutter, (Include 12-inches Stabilization and 8-inches Limerock)LF 20 $50.00 $1,000.00 20 $50.00 $1,000.00 20 $51.02 $1,020.40
9 For furnishing and installing grout (flowable fill) for filling existing 8-inch water main that is to be placed out of
service LF 260 $35.00 $9,100.00 260 $15.00 $3,900.00 260 $13.50 $3,510.00
10 Excavation and Hauling (not assuming contaminated soil)CY 300 $25.00 $7,500.00 300 $25.00 $7,500.00 300 $13.85 $4,155.00
11 For furnish and install backfill material to meet proposed grading as shown on plans CY 130 $24.00 $3,120.00 130 $20.00 $2,600.00 130 $47.48 $6,172.40
12 Type B Stabilization (12-Inches)SY 90 $7.00 $630.00 90 $25.00 $2,250.00 90 $39.15 $3,523.50
13 Limerock (6-inches)SY 90 $25.00 $2,250.00 90 $45.00 $4,050.00 90 $34.45 $3,100.50
14 Heavy Duty Lattice Concrete Paver. Includes all labor and materials (paver, # 8 aggregate, and any
processing or material necessary to complete paver installation.)SY 65 $210.00 $13,650.00 65 $200.00 $13,000.00 65 $76.39 $4,965.35
15 Reinforced concrete band (driveway)LF 175 $50.00 $8,750.00 175 $40.00 $7,000.00 175 $98.53 $17,242.75
16 Preacast Concrete 96" dia. Wet Well w/ interior and exterior coating, F&I EA 1 $100,000.00 $100,000.00 1 $90,000.00 $90,000.00 1 $347,214.40 $347,214.40
17 Precast Concrete Top Slab w/ 32" x 54" (clear opening) Aluminium Access Hatch (Watertight) for Wet Well EA 1 $25,000.00 $25,000.00 1 $15,000.00 $15,000.00 1 $29,531.40 $29,531.40
18 Precast Concrete 78" x 102" Valve Vault , F&I EA 1 $30,000.00 $30,000.00 1 $20,000.00 $20,000.00 1 $33,560.60 $33,560.60
19 Precast Concrete Top Slab w/ 60" x 70" (Clear Opening)Aluminium Access Hatch (Watertight) for Valve
Vault EA 1 $25,000.00 $25,000.00 1 $10,000.00 $10,000.00 1 $19,170.30 $19,170.30
20 Concrete Slab Around Wet Well & Valve Vault (6" Thick)SY 2 $100.00 $200.00 2 $1,500.00 $3,000.00 2 $3,083.40 $6,166.80
21 Reinforced Concrete Slab for Electrical Equipment, include concrete casing support LS 1 $3,000.00 $3,000.00 1 $6,500.00 $6,500.00 1 $5,459.40 $5,459.40
22 Reinforced Concrete Slab for Electrical Transformer SY 1 $150.00 $150.00 1 $6,500.00 $6,500.00 1 $3,917.70 $3,917.70
23 Reinforced Concrete Slab for Power and Juntion Boxes SY 1 $150.00 $150.00 1 $6,500.00 $6,500.00 1 $3,917.70 $3,917.70
24 Furnish and Install 6" Ductile Iron Pipe, Fittings, Plug/Check Valve and Suports LS 1 $40,000.00 $40,000.00 1 $28,000.00 $28,000.00 1 $92,220.10 $92,220.10
25 1" H.D.P.E. Water Service Line and Corp. Stop Connection to existing water main per M-DWASD STD WS
2.16, including Pavement Restoration Type I per M-DWASD STD A 1.0 LS 1 $5,000.00 $5,000.00 1 $3,500.00 $3,500.00 1 $3,387.90 $3,387.90
26 5/8" x 3/4" Single Water Meter and Box w/ 3'x3'x6" Concrete Slab per M-DWASD STD WS 2.10, F&I EA 1 $1,000.00 $1,000.00 1 $3,100.00 $3,100.00 1 $2,007.30 $2,007.30
27 1" RPZBFP w/ Hose Bibb per M-DWASD STD WS 4.18 and Sheet No. M-1 and w/ Plumbing Line, Concrete
Slab and Lockable Enclosure EA 1 $4,000.00 $4,000.00 1 $2,950.00 $2,950.00 1 $4,466.80 $4,466.80
Mechanical
28 Furnish and Install Submersible Pump FLYGT Model NP 3153.095 HT 3 - 465 Impeller or Approved Equal w/
Electric Submersible Cable and Lift Chain EA 2 $100,000.00 $200,000.00 2 $55,000.00 $110,000.00 2 $81,197.25 $162,394.50
29 Furnish and Install discharge base, 6”x8" Base Elbows, and Guide Rails EA 2 $3,000.00 $6,000.00 2 $3,500.00 $7,000.00 2 $16,546.95 $33,093.90
30 Furnish and Install Sump Pump in Valve Vault EA 1 $2,000.00 $2,000.00 1 $4,500.00 $4,500.00 1 $7,008.00 $7,008.00
31 Furnish and Install Sump Pump Discharge Piping and Valves EA 1 $2,000.00 $2,000.00 1 $28,000.00 $28,000.00 1 $10,125.90 $10,125.90
32 Furnish and Install Control Panel LS 1 $80,000.00 $80,000.00 1 $50,000.00 $50,000.00 1 $13,595.90 $13,595.90
33 Furnish and Install Main Disconnect EA 1 $10,000.00 $10,000.00 1 $25,000.00 $25,000.00 1 $19,682.70 $19,682.70
34 Furnish and Install SCADA RTU panel and antenna EA 1 $12,000.00 $12,000.00 1 $25,000.00 $25,000.00 1 $53,117.10 $53,117.10
35 Furnish and Install Juntion boxes, receptable floats LS 1 $8,500.00 $8,500.00 1 $25,000.00 $25,000.00 1 $13,199.60 $13,199.60
36 Furnish and Install Electrical equipment appurtenence (including conduits and wiring)LS 1 $15,000.00 $15,000.00 1 $25,000.00 $25,000.00 1 $14,133.90 $14,133.90
Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, and profit. Payment for this project will be based upon completion of the entire project as a unit price contract.
AREA "K" - PUMP STATION
CITY OF SOUTH MIAMI
BID tabulation
Electrical
Civil-Structural
Demolition and Rehabilitation
General Requirements
Page 1 of 2
153
Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead, and profit. Payment for this project will be based upon completion of the entire project as a unit price contract.
AREA "K" - PUMP STATION
CITY OF SOUTH MIAMI
BID tabulation
37 Furnish and Install 200 AMP Meter EA 1 $3,500.00 $3,500.00 1 $25,000.00 $25,000.00 1 $11,738.60 $11,738.60
38 Furnish and Install Grounding Electrode System LS 1 $3,000.00 $3,000.00 1 $25,000.00 $25,000.00 1 $7,067.00 $7,067.00
39 Furnish and Install Pump Feeder EA 2 $6,500.00 $13,000.00 2 $25,000.00 $50,000.00 2 $18,900.65 $37,801.30
40 Furnish and Install Equipment Rack EA 1 $12,000.00 $12,000.00 1 $25,000.00 $25,000.00 1 $11,738.60 $11,738.60
41 Install concrete pad for FPL transformer. Concrete pad provided by FPL EA 1 $8,500.00 $8,500.00 1 $5,000.00 $5,000.00 1 $15,572.10 $15,572.10
42 Furnish and Install Level Transducer EA 1 $4,000.00 $4,000.00 1 $25,000.00 $25,000.00 1 $15,572.10 $15,572.10
43 Furnish and Install Pressure Transmitter (including saddle)LS 1 $4,000.00 $4,000.00 1 $25,000.00 $25,000.00 1 $15,572.10 $15,572.10
44 Furnish and Install (2) 5" pipe (For Primary Conduits Installation) ONLY (Conduits provided by FPL)LF 200 200 $50.00 $10,000.00 200 $108.17 $21,634.00
45 Install electrical service lateral between electric meter and FPL pad mounted transformer LF 100 100 $150.00 $15,000.00 100 $23.80 $2,380.00
46 New Large Tree EA 3 3 $2,500.00 $7,500.00 3 $5,198.50 $15,595.50
47 New Medium / Small Tree EA 6 6 $1,250.00 $7,500.00 6 $1,544.40 $9,266.40
48 New Shrubs EA 300 300 $75.00 $22,500.00 300 $150.00 $45,000.00
49 Tree Relocation EA 1 1 $850.00 $850.00 1 $2,699.00 $2,699.00
50 Tree Protection Barrier LF 150 150 $35.00 $5,250.00 150 $16.50 $2,475.00
51 Sod Restoration SY 222 222 $15.00 $3,330.00 222 $26.50 $5,883.00
52 The SUM of Item Nos. 1 through 51 $721,065.00 $880,780.00 $1,258,985.70
53 For cost of required permits, fees, inspections, impact fees, if authorized by the Engineer
(3% of the Subtotal, Item No. 51)
Dedicated
Allowance 1 $21,631.95 $21,631.95 1 $26,423.40 $26,423.40 1 $37,769.54 $37,769.54
54 For verifying existing utilities and performing soft digs if necessary Dedicated
Allowance 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00 1 $6,732.00 $6,732.00
55
For unforeseen conditions, for minor construction changes, and for quantity adjustments, if ordered by the
Engineer
(15% of the Subtotal, Item No. 51)
Contingen
cy
Allowance
1 $72,106.50 $72,106.50 1 $132,117.00 $132,117.00 1 $188,847.69 $188,847.69
56 The SUM of Item Nos. 52 to 55 $819,803.45 $1,044,320.40 $1,492,334.93
Note: Contractor account for all work shown on electrical construction drawings whether listed on this bid item list or
not
1 Temporay Sheet Piling and Support of Excavation. Contingency Item SF 2,400 $30.00 $72,000.00 2,400 $30.00 $72,000.00 2,400 $53.90 $129,360.00
2 For providing uniformed, off-duty police officers for the purpose of maintenance of traffic ($52/hr)Days 90 $10,000.00 90 $416.00 $37,440.00 90 $700.20 $63,018.00
3
For removal, transport and legal disposal, including the payment of tipping fees, of any contaminated material
discovered along the pipeline’s proposed route. This item shall also include the hiring of an environmental
consultant firm by the contractor to prepare a soil and groundwater management plan, as needed, conduct
soil and/or groundwater sampling for lab analysis to determine disposal requirements and oversee the
handling of the material, including, but not limited to, the staging, segregation, preparation for hauling (i.e.,
removal of excess groundwater from material) and disposal as approved by the Engineer/Department.
CY 20 $15,000.00 20 $150.00 $3,000.00 20 $67.40 $1,348.00
4 The SUM of Item Nos. 1 to 3 $97,000.00 $112,440.00 $193,726.00
CONTINGENCY ITEMS
Landscape
TOTAL CONTINGENCY
SUBTOTAL
TOTAL BID
Page 2 of 2
154
SRS
ENGINEERING
INC.
ATC Engineering Pro Service
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY UNIT COST TOTAL COST ESTIMATED
QUANTITY UNIT COST TOTAL COST ESTIMATED
QUANTITY UNIT COST TOTAL COST
1
For performing preparatory work and operations in mobilizing for beginning the work of the Project,
including preparation and acceptance of MOT, but excluding materials and permit costs, both of which are
paid under other payment items
Aggregate
Sum 1 $40,000.00 $40,000.00 1 $35,000.00 $35,000.00 1 $61,528.70 $61,528.70
2 For furnishing and delivering to the Department 10-inch zinc-coated ductile iron pipe for sanitary sewer
main Linear Feet 31 $135.00 $4,185.00 31 $120.00 $3,720.00 31 $177.56 $5,504.36
3 For installing 10-inch ductile iron pipe for sanitary sewer main (greater than 14 feet or in accordance with
zoning)Linear Feet 31 $115.00 $3,565.00 31 $95.00 $2,945.00 31 $344.35 $10,674.85
4 For furnishing and delivering to the Department 8-inch zinc-coated ductile iron pipe for sanitary sewer
main Linear Feet 155 $115.00 $17,825.00 155 $100.00 $15,500.00 155 $126.93 $19,674.15
5 For installing 8-inch ductile iron pipe for sanitary sewer main (greater than 14 feet or in accordance with
zoning)Linear Feet 155 $135.00 $20,925.00 155 $100.00 $15,500.00 155 $153.36 $23,770.80
6 For furnishing and delivering to the Department 8-inch PVC (C900) DR 25, (C.I.O.D.), (9.5” O.D.) colored
green pipe with neoprene gaskets for sanitary sewer main Linear Feet 2,394 $70.00 $167,580.00 2,394 $26.00 $62,244.00 2,394 $42.13 $100,859.22
7 For installing 8" PVC (C-900) pipe for sanitary sewer main (6 to 7.99-feet)Linear Feet 318 $75.00 $23,850.00 318 $65.00 $20,670.00 318 $89.76 $28,543.68
8 For installing 8" PVC (C-900) pipe for sanitary sewer main (8 to 9.99 feet)Linear Feet 400 $80.00 $32,000.00 400 $70.00 $28,000.00 400 $157.51 $63,004.00
9 For installing 8" PVC (C-900) pipe for sanitary sewer main (10 to 11.99 feet)Linear Feet 655 $85.00 $55,675.00 655 $75.00 $49,125.00 655 $162.89 $106,692.95
10 For installing 8" PVC (C-900) pipe for sanitary sewer main (12 to 13.99 feet)Linear Feet 1021 $90.00 $91,890.00 1021 $80.00 $81,680.00 1021 $180.89 $184,688.69
11
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for 6 ft. to 7.99 ft.
depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All as
per MDWASD Specifications and Details), complete.
Each 1 $2,500.00 $2,500.00 1 $2,500.00 $2,500.00 1 $6,031.30 $6,031.30
12 For installing Precast reinforced Concrete Manhole with frame and cover for 6 ft. to 7.99 ft. depths, with
concentric/eccentric corbel, complete.Each 1 $3,000.00 $3,000.00 1 $3,150.00 $3,150.00 1 $6,259.00 $6,259.00
13
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for 8 ft. to 9.99 ft.
depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All as
per MDWASD Specifications and Details), complete.
Each 1 $3,000.00 $3,000.00 1 $3,500.00 $3,500.00 1 $7,035.65 $7,035.65
14 For installing Precast reinforced Concrete Manhole with frame and cover for 8 ft. to 9.99 ft. depths, with
concentric/eccentric corbel, complete.Each 1 $3,500.00 $3,500.00 1 $3,500.00 $3,500.00 1 $6,259.00 $6,259.00
15
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for 10 ft. to 11.99
ft. depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All as
per MDWASD Specifications and Details), complete.
Each 2 $3,500.00 $7,000.00 2 $3,500.00 $7,000.00 2 $8,107.10 $16,214.20
16 For installing Precast reinforced Concrete Manhole with frame and cover for 10 ft. to 11.99 ft. depths, with
concentric/eccentric corbel, complete.Each 2 $4,000.00 $8,000.00 2 $3,500.00 $7,000.00 2 $5,582.90 $11,165.80
17
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for >12 ft. depths.
Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with membrane sealing
system & with inflow dish protector and with Type "A" manhole frame and cover. (All as per MDWASD
Specifications and Details), complete.
Each 6 $4,000.00 $24,000.00 6 $4,500.00 $27,000.00 6 $8,874.45 $53,246.70
18 For installing Precast reinforced Concrete Manhole with frame and cover for >12 ft. depths, with
concentric/eccentric corbel, complete.Each 6 $5,000.00 $30,000.00 6 $4,500.00 $27,000.00 6 $8,570.02 $51,420.12
19
For furnishing and delivering to the Department precast Reinforced Concrete DROP Manhole for >12 ft.
depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated, and with
membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All as
per MDWASD Specifications and Details), complete.
Each 3 $7,500.00 $22,500.00 3 $7,500.00 $22,500.00 3 $14,560.80 $43,682.40
20 For installing Precast reinforced Concrete Manhole with drop connections frame and cover for >12 ft.
depths, with concentric/eccentric corbel, complete.Each 3 $6,000.00 $18,000.00 3 $5,500.00 $16,500.00 3 $9,821.13 $29,463.39
21 For furnishing and installing 8 x 6-inch ductile iron pipe tee branch connection for sanitary sewer Each 2 $700.00 $1,400.00 2 $1,750.00 $3,500.00 2 $2,308.25 $4,616.50
22 For furnishing and installing 8 x 6-inch PVC (C-900) tee branch connection for sanitary sewer Each 35 $675.00 $23,625.00 35 $1,750.00 $61,250.00 35 $1,087.88 $38,075.80
23 For furnishing and installing 8 x 6-inch PVC (C-900) Wye branch connection for sanitary sewer Each 7 $675.00 $4,725.00 7 $1,750.00 $12,250.00 7 $1,546.53 $10,825.71
24 For furnishing and delivering to the Department 6-inch PVC (C-900) sanitary sewer lateral, including
fittings and clean-out assemblies, complete Linear Feet 1103 $15.00 $16,545.00 1103 $20.00 $22,060.00 1103 $100.35 $110,686.05
25 For installing 6-inch PVC (C-900) sanitary sewer lateral, including fittings and clean-out assemblies,
complete Linear Feet 1103 $50.00 $55,150.00 1103 $95.00 $104,785.00 1103 $16.28 $17,956.84
26 For furnishing and delivering to the Department 6-inch zinc-coated ductile iron pipe, fittings and plug
valves for sewage force main Linear Feet 72 $41.90 $3,016.80 72 $150.00 $10,800.00 72 $188.88 $13,599.36
27 For installing 6-inch zinc-coated ductile iron pipe, fittings and plug valves for sewage force main Linear Feet 72 $43.80 $3,153.60 72 $150.00 $10,800.00 72 $140.95 $10,148.40
28 For furnishing and delivering to the Department 8-inch zinc-coated ductile iron pipe, fittings and plug
valves for sewage force main Linear Feet 694 $54.55 $37,857.70 694 $100.00 $69,400.00 694 $156.46 $108,583.24
29 For installing 8-inch zinc-coated ductile iron pipe, fittings and plug valves for sewage force main Linear Feet 694 $43.80 $30,397.20 694 $85.00 $58,990.00 694 $68.09 $47,254.46
30 For constructing Automatic Air Release Valve Assemblies (AARVs) for sewage force main at the locations
shown on the Plans, complete
Each
(Contingent
Item)
1 $2,500.00 $2,500.00 1 $3,500.00 $3,500.00 1 $5,529.50 $5,529.50
31
For making a tapping connection(s) to an existing sewage force main at:
SW 62nd AVE (STA 10+80±)
including furnishing and installing a tapping sleeve (stainless steel) and tapping valve, as shown on the
Plans, complete, and obtaining the services of a tapping specialist to tap the exist existing sewage force
main
Aggregate
Sum 1 $20,000.00 $20,000.00 1 $14,500.00 $14,500.00 1 $17,880.50 $17,880.50
32 For trench overcut in 1-foot depth increments, for any size pipe
Linear Feet
(Contingent
Item)
200 $5.00 $1,000.00 200 $20.00 $4,000.00 200 $11.24 $2,248.00
AREA "K" - GRAVITY SEWER AND FORCE MAIN - PHASE 1
CITY OF SOUTH MIAMI
BID TABULATION
Page 1 of 2
155
AREA "K" - GRAVITY SEWER AND FORCE MAIN - PHASE 1
CITY OF SOUTH MIAMI
BID TABULATION
33 For removal, transport and legal disposal of unsuitable backfill materials, including tipping fees, as
ordered by the Engineer
Cubic Yards
(Contingent
Item)
100 $15.00 $1,500.00 100 $125.00 $12,500.00 100 $86.99 $8,699.00
34 For sheeting and shoring ordered left in place by the Engineer
Square Feet
(Contingent
Item)
500 $50.00 $25,000.00 500 $30.00 $15,000.00 500 $15.00 $7,500.00
35 For furnishing and installing additional suitable backfill material, as directed by the Engineer
Cubic Yards
(Contingent
Item)
500 $20.00 $10,000.00 500 $22.50 $11,250.00 500 $25.30 $12,650.00
36 For constructing limerock base for Type "I" permanent pavement repairs on NON FDOT Roads,
including the laterals Square Yards 2,450 $43.33 $106,158.50 2,450 $18.00 $44,100.00 2,450 $38.03 $93,173.50
37 For constructing Type "I" asphaltic concrete surface course permanent pavement repairs NON FDOT
Roads, including the laterals Square Yards 2,450 $20.00 $49,000.00 2,450 $12.50 $30,625.00 2,450 $26.03 $63,773.50
38 For constructing limerock base for Type "I" permanent pavement repairs on Driveways Square Yards 180 $20.75 $3,735.00 180 $20.00 $3,600.00 180 $52.66 $9,478.80
39 For constructing Type "I" asphaltic concrete surface course permanent pavement repairs Driveways Square Yards 180 $20.00 $3,600.00 180 $20.00 $3,600.00 180 $48.86 $8,794.80
40 For constructing concrete driveway restoration to match existing Square Yards 60 $75.00 $4,500.00 60 $150.00 $9,000.00 60 $121.93 $7,315.80
41 For constructing brick paver driveway restoration (brick pavers, concrete pavers, stone pavers, stone
tiles, ceramic tile and other similar finishes) to match existing Square Yards 100 $300.00 $30,000.00 100 $150.00 $15,000.00 100 $39.47 $3,947.00
42 For restoring sodded area
Square Yards
(Contingent
Item)
1500 $7.50 $11,250.00 1500 $10.00 $15,000.00 1500 $22.30 $33,450.00
43 As Built Aggregate
Sum 1 $15,000.00 $15,000.00 1 $17,500.00 $17,500.00 1 $102,102.00 $102,102.00
44 The SUM of Item Nos. 1 through 43 $1,038,108.80 $987,044.00 $1,574,007.72
45 For cost of required permits, fees, inspections, impact fees, if authorized by the Engineer
(3% of the Subtotal, Item No. 44)
Dedicated
Allowance 1 $31,143.26 $31,143.26 1 $29,611.32 $29,611.32 1 $47,211.60 $47,211.60
46 For verifying existing utilities and performing soft digs if necessary Dedicated
Allowance 1 $5,000.00 $5,000.00 1 $5,000.00 $5,000.00 1 $7,089.00 $7,089.00
47
For unforeseen conditions, for minor construction changes, and for quantity adjustments, if ordered by the
Engineer
(10% of the Subtotal, Item No.44)
Contingency
Allowance 1 $103,810.88 $103,810.88 1 $148,056.60 $148,056.60 1 $157,371.99 $157,371.99
48 The SUM of Item Nos. 44 to 47 $1,178,062.94 $1,169,711.92 $1,785,680.31
1 For constructing Type V permanent pavement repairs for roadway (nominal 1 inch thick machine-laid
asphaltic concrete SP-9.5 overlay), NON FDOT Roads Square Yards 6,200 $20.00 $124,000.00 6,200 $15.00 $93,000.00 6,200 $17.75 $110,050.00
2 For replacing pavement markings damaged, removed or obliterated by the Contractor's operation Aggregate Sum 1 $5,000.00 $5,000.00 1 $25,000.00 $25,000.00 1 $5,989.50 $5,989.50
3 For providing uniformed, off-duty police officers for the purpose of maintenance of traffic Dedicated
Allowance 1 $34,000.00 $34,000.00 1 $42,500.00 $42,500.00 1 $70,076.50 $70,076.50
4
For removal, transport and legal disposal, including the payment of tipping fees, of any contaminated
material discovered along the pipeline’s proposed route. This item shall also include the hiring of an
environmental consultant firm by the contractor to prepare a soil and groundwater management plan, as
needed, conduct soil and/or groundwater sampling for lab analysis to determine disposal requirements
and oversee the handling of the material, including, but not limited to, the staging, segregation, preparation
for hauling (i.e., removal of excess groundwater from material) and disposal as approved by the
Engineer/Department.
Dedicated
Allowance 1 $30,000.00 $30,000.00 1 $41,250.00 $41,250.00 1 $10,082.70 $10,082.70
5 The SUM of Item Nos. 1 to 4 $193,000.00 $201,750.00 $196,198.70TOTAL CONTINGENCY
SUBTOTAL
TOTAL BID
CONTINGENCY ITEMS
Page 2 of 2
156
City of South Miami –
Area “K” Sanitary Sewer Improvements – Phase I
ATC Engineering, Inc.
• Staff Qualifications
8 years in business
Licensed
Employees = 30
• Experience
Pipeline – Presented several sewer pipeline projects, mostly private.
Pump Station – PS experience limited to one drainage PS for Medley, and a
couple private MOPS stations, No WASD PS experience.
• References
Town of Medley – Mary Cardenas
Coastland Construction – Alex Rodriguez
• Subcontractors
• Cost.
Pipeline Base $1,169,711.92
Pipeline Contingency $201,750.00
Sub-Total Pipeline $1,371,461.92
PS Base $1,044,320.40
PS Contingency $112,440.00
Sub-Total PS $1,156,760.40
Total Base $2,214,032.32
Total Contingency $314,190.00
Grand Total $2,528,222.32
Pro Service Group,
• Staff Qualifications
9 years in business
Licensed
Employees = 6
• Experience
Pipeline – Provided several WASD force mains projects with WASD, NBV, and
City of Hollywood Evaluations
Pump Station – Provided 2 WASD PS and 2 N. Bay Village PS
157
• References
WASD – Miguel Pichardo
WASD – Rolando Roque
North Bay Village – Rodney Carrero-Santana
• Subcontractors
• Cost.
Pipeline Base $1,785,680.31
Pipeline Contingency $196,198.70
Sub-Total Pipeline $1,981,879.01
PS Base $1,492,334.93
PS Contingency $193,726.00
Sub-Total PS $1,686,060.93
Total Base $3,278,015.24
Total Contingency $389,924.70
Grand Total $3,667,939.94
158
159
SECTION 4.
BID FORM PACKAGE
As provided in the 1TB, the following items must be attached to this Bid:
FORMS v' STATUS
Form I -Bid Form Package Acknowledgement ✓ ✓
Form 2A. Bidder's Certification (if Company or Corporation) ,I ✓
Form 2B . Bidder's Certification (if Partnership) . ✓ iNIA
Form 3. Single Execution Affidavits ,/ ✓
Form 4. Dispute Disclosure •✓ ✓
Form 5. Certification Regarding Debarment, Suspension , & Other Respo~si ility Matters ✓
Primary Covered Transactions
Form 6. Bidder's Qualifications Survey 1/ ✓
Form 7. Bid Form/Schedule of Values \/, ✓
Form 8. Reference List ,I ✓
Form 9. Payment and Performance Bonds 'µa Ft/\/' l~i o ✓
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.
Attachment B:
Attachment C:
Attachment D:
Sample Contract
Declaration /Affidavit of Representation
Design Plans & Specifications -PLAN SET # I -Sub Area
K Sanitary Sewer-Phase I; PLAN SET #2-PUMP
STATION PLANS SANITARY SEWER
MPROVEMENTS; PLANS SET #3 -PUMP STATION
PLANS TREE DISPOSITION PLANS, prepared by SRS
Engineering
Grant Agreement; STATE OF FLORIDA DEPARTMENT
OF ENVIROMENTAL PROTECTION (FDEP)
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160
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PR2023-
17, "SANITARY SEWER CONSTRUCTION AREA K -PHASE I." I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Bid .
I certify that all information contained in this Bid is truthful to the best of my knowledge and belief.
further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing
Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement.
I further certify, under oath, that this Bid is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee
or agent of the City of South Miami or any other Bidder has an interest in said Bid . Furthermore, I certify
that the undersigned executed this Bid Form with full knowledge and understanding of matters therein contained and was duly authorized.
I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with
the 1TB (Check th!e box next :~ach addendum received).
t dendum I
I ~ddendum 2
i Addendum 3
2-:}1 /wzt(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, ... •· · ,.
Forrn 6 .
Forrii 7.
-~ / ti, •
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
Form 8, ,. ..... ,. . Reference List
Form 9. Payment and Performance Bonds (if applicable)
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161
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
NAME & Tl E, TYPED OR PRINTED
(30«;) -h I 'i:-_._l -& .0-+-( _,..__g ________ _
TELEPHONE NUMBER
State of Florida
County of /'1,. /!TM ; /,AD Ii
The foregoing instrument was acknowledged before me by means of .,K_. physical presence or_ online
notarization, this --2.2.,_ day of ~~ , 20-2..t:, by ])/,.-0f3ttl.ts At,.cn"I-~
(name of person) as ~i/ · (type of author1ty) for -4:R S'4 ,//11 ~~ 11.<. ,
___ (name of party on behalf of whom instrument is executed).
X Personally known to me; or
Notary!c{Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: ______________ )
___ Did take an oath; or
___ Did not take an oath
l
.,.-:;,_-..,_,~ •ii:--... ANDY SUAREZ
{~\ Notary Public• State of Florida
\'100~i Commission# HH ~21M9 .
···•1.0ff\-t-' My Comm. Expires AUii 20, 2027
.. Bonded through Nation.ii Notary Assn. --------·· .: ••
24 of 116
162
FORM 2A
BIDDER'S CERTIFICATION
(if Company or Corporation)
CERTIFICATE
STATE OF Rf>Rl,bi', )
) ss
COUNTY OF Mt'P!"\i Dwt>e
HEREBY CERTIFY that a meeting of the Board of Directors of
At-c l?vlCt'Vl~\11\{ ~
a corporation or company existing under the laws of the State of _ _,R_UJ~~B. ............ i (\ ....... A~-----·
held on :;t-4 1..1. , 2023, the following resolution was duly passed and adopted:
RESOLVED, that, as P ~ of the Corporation/Company, be and is hereby authorized
to execute the Bid dated , )'MMH!f x. , 202/lto the City of South Miami for 1TB No. 2023-17
"SANITARY SEWER CONSTRUCTION AREA K -PHASE I" Project, and that this
execution thereof, attested by the Secretary of the Corporation/Company, and with the
Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company.
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
corporation/company on this the 2..2 of "fa ,vu ~ , 2023.
Secret~
(SEAL)
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163
FORM3
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:
For (Name of Proposing or Bidding Entity): Ate /7Vl 6,' v1wt2-/{l1 6 k½-G,
Whose business address is: 7.-2 <'2--Z--Md ] id.let Sl: /Vl1,kw::\ ; 1 PZ 3 s.r l "7
And (if applicable) its Federal Employer Identification Number (FEIN) is : 61 If~ 'zS:4 2.
(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 Ill, 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
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164
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( 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( 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.)
-S. 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
28ofll6
165
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 2-1 1.1, as
applicable to City, or the provisions of Chapter 112, part 111, 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;
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166
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.
:t-A:
Bidder Initials
Scrutinized Company Certification
8. 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.
9. 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.
I 0. 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
30 of 116
167
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.)
ijf 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 .
31 of 116
168
2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. PR2023-17 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.]
32 of 116
169
In the presence of:
-= J;j~-
Witness #I Prin~Ji?;: --=lt,..?'-(<11-"'-'b"'-::::;=IV'.'-"'.A_,' _._l'1&i[)ep~rint Name: D.~ ffl/,'J>,l'l,p?-
:s;.;; ~ 7"itle: ____ _B~~~-~--~-------
Witness #2 Print Name: ~ Sd u,~
ACKNOWLEDGMENT
State of Florida
County of t1i'.o,,....,\ i -~/),/f)rz.
The foregoing instrument was acknowledged before me by means of ~physical presence or_ online
notarization, this ----2.d,_ day of :):11 ,._.,4 ~ , 20~, by ::.p,,J),; /.J,J-f M~
(name of person) as tp~,J,,,._fJ (type of authori(y) f;AitJ~,,•w~·i,u ~
___ (name of party on behalf of whom instrument is executed).
X Commissioned)
Personally known to me; or
___ Produced identification (Type of Identification: ________________ _
___ Did take an oath; or
___ Did not take an oath
·~v Pub('.:--. ANDY SUt,REZ
: ~\ C:\ Notar y Public • State of Florida
• // Comm i ssion # HH 42 1649
... 9,f.,f}.9,,·· My Comm . Expir es Aug 20, 2027
Bonded through Na tio nal Notary Assn .
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170
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 X
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 -+,K~--
lf 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 /'vf,1 A,,,,,. / ..__ [),J)Q.
The foregoing instrument was acknowledged before me by means of ffi phys ical presence or □ online
notarization, this~ day of ~-, , 20.2t!(_, by M:t>vz~ s />I~
(name of person) as 'f t'b,,c,w= (type of authority) f;J\-fcB.u,>vt.i'P"eilA~ ~
___ (name of party on behalf of whom instrument is executed).
)( Personally known to me ; or
Notary Public (Print,
Commissioned)
___ Produced identification (Type of Identification: _____________ )
___ Did take an oath ; or
___ Did not take an oath
··~:t;;t•·· ANDY SUA REZ
/Im~~\ Notary Publi c -Sta t e of Florida
E1 • -<J Commission# HH 42 1649
'·{1off\,,C?f.,---My Comm. Expires Au g 20, 2027
.......... Bonded through Nation al Notary Assn•
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171
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: Ate. ~ b { VJ Rf,zfZ( A b ¾.
By:
Signature of Authorized Representative
·iw0t!i~< /¾V lllYvz,,172 I pt¼~
Name and Title of Authorized Representative
35 of 116
172
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
,l.,4 PO tf,JA-TC l::::::t-oe,.,· t~P... v,tzf
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? 1_
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 I 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 :
u\t\<tkp-v.,caje ~ (JvVJ &uHH~ C~r B V I., 0 .6 k6 L/ 1
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~) business :
bkt.1.,1-¥-i= I Ati '
36 of 116
173
Please identify the number of continuous years your Firm has performed its primary business: i:_
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 entit that issued the license or certification:
License/Certification Name of Entity Issuing License No. License Issuance Date
T e 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
A / /A.
Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their
si nin authorit :
Authorized Signor's Name Title Signing Authority Threshold
to $X-Amount, 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
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
lnsu Insurance Carrier Contact Person
w 1o 9 "t J.j . ~all 1(-J>r-Su.,'], 7-,0 i 3 ° ~ -6 YO ~1 :±9
Insurance Carrier Address Telephone No.
Has the Firm filed any insurance claims in the last five (5) years? f.. No □ 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 •
Owner/Partner Name Title
37 of 116
174
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
□ No Ol(._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:
RECENT CONTRACTS
Please identify the five (5) most recent contracts in which your Firm has provided services to other public
entities: ~~·~
Date Awarded 20 2--3,.
f----l-1-f--""-""-'--'-l,,,.""'-l"'~+-'='-'-"'-'"""'"'4--.L.<.::~=-l--+----'-'<=..,.J...C.-.,....,=....._:f,!L-"-"f----J<C.-J=.,lL..:....:.==--.l..£...+-''--'<Z?:ia..t:-.k:.~.,._--jPt... y--o(/
i--,-L-.J..1,-+=-,;c......!..--""-"'<.q....--+-...S....::...e..::.s<""'-'1-"4---=->--f-----V-------+--,,....--"--------1-""'_u.,--~a,_-~,p-3.
5ip (., I 2/) z,;Z,
f---l!!-Llf.=~µ~..r;~~~~....k!i=~a_+----=l.!).!l~'-'--f'~~--'81---L...l~l=::!,!:~ii;)..-!IL...,lfl..lrl.Dl~!J-Vlae--'l~'1--! u"'1 '"y.."'f ,. ,, . .,
I !<.,
. .,._, 5:,._~I(,:,
By signing below, Bidder certifies that the information contained herein is complete and accurate to the
best of Bidder's knowledge. ;;?ozo
Firm: Aiz, Gr, = 'v, G 1';_.,__,..
Authorized Signature: 3~
Print or Type Name: J?2J)rzz ')2 S C9AIM?/.irf:
38 of 116
Date: I /2 -2 ('Lv Ui
Title: lf~,..k Z-
175
ADDENDUM No. 4 "REVISED FORM 7 -AREA K -PUMP STATION; DATED FEBRUARY 1, 2024
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" -PUMP STATION
Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials , contractor's overhead , and profit. Payment for this project will be based upon completion of the entire
project as a unit price contract.
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY
General Requirements
For performing preparatory work and operations in mobilizing far beginning the work of the Project,
1 inc luding preparation and acceptance of MOT, but excluding materials and permit costs, both of which LS 1
are paid under other payment items
2 Preparation of As-built records LS 1
Demolition and Rehabilitation
3 Erosion and Sedi~ental Control LS 1
4 Clearing And Grubbing LS 1
5 Sod Restoration SY 350
6 For making cut-in connections to existing water mains
EA 4 Including cutting and capping ex istin g maln(s), as shown on the Plan s, complete
For co nstructing brick paver roadway restoration (brick pavers, concrete pavers, stone pavers, stone tiles,
7 ceramic tile and other similar finishes) to match existing (Include 12-inches Stabilization and 8-inches SY 35
Limerock)
8 Concrete Curb Type-For Valley Gutter, (Include 12-inches Stabi lizatio n and 8-lnches Lim erock} LF 20
9 For furnishing and installing grout (flowable fill) for filling existing 8-inch water main that is to be placed LF 260 out of service
Clvil-Structural
10 Excavation and Hauling (not assuming contaminated soil) CY 300
11 For furn is h and install backfill material to meet proposed grading as shown on plans CY 130
12 Type B Stabilization (12-lnches) SY 90
13 Llmerock (6 -inches) SY 90
14 Heavy Duty Lattice Concrete Paver. Includes all labor and materials (paver, # 8 aggregate, and any SY 65 processing or material ne cessary to complete paver installaUon.)
15 Reinforced concrete band (driveway) LF 175
16 Preacast Concrete 96" dia. Wet Well w/ interior and exterior coating, F&I EA 1
Precast Concrete Top Slab w/ 32" x 54" (clear ope ning) Aluminium Access Hatch (Watertight) for Wet 17 Well EA 1
18 Precas t Concrete 78" x 102" Valve Vault, F&I EA 1
Precast Concrete Top Slab w/ 60" x 70" (Clear Opening)Aluminium Access Hatc h {Watertight) for Valve 19 Vault EA 1
20 Concrete Slab Around Wet Well & Valve Vault (6" Th ick) SY 2
21 Reinforced Concrete Slab for Electrical Equipment, include concrete casing support LS 1
22 Reinforced Concrete Slab for Electrical Tran sformer SY 1
23 Reinforced Concrete Slab for Power and Juntion Boxes SY 1
24 Furnish and Install 6" Ductile Iron Pipe , Fittings, Pl ug/C heck Valve and Suports LS 1
1" H.D.P .E. Water Service Line and Corp . Stop Connection to existing water main per M-DWASD STD 25 WS 2. 16, Including Pavement Restoration Type I per M-DWASD STD A 1.0 LS 1
26 518" x 314 .. Single Water Meter and Box w/ 3'x3'x6" Concrete Slab per M-DWASD STD WS 2.10, F&I EA 1
1" RPZBFP w/ Hos e Bibb per M-DWASD STD WS 4.18 and Shee t No. M-1 and wl Plumbing Line , 27 Concrete Slab and Lockable Enclosure EA 1
3 of 33 Page 1 of 3
UNIT COST TOTAL COST
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176
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" -PUMP STATION
Bid prices stated in the proposal include all costs and expenses for labor, eq uipment, materials, contractor's overhead, and profit. Payment for thi s project will be based upon completion of the entire
project as a unit price co ntract.
Me chanical
Furnish and Install Submersible Pump FLYGT Model NP 3153.095 HT 3 -465 Impeller or Approved EA 2 S--S, Cl &O 28 Equal w/ Electric Submersible Cable and Lift Chain
29 Furnis h and Install discharge base, 6"x8" Base Elbows, and Guide Rails EA 2 3,-s-P d,1
30 Furnish and Install Sump Pump in Valve Vault EA 1 14 '5""0 0 .
I 31 Furn ish and Ins ta ll Sump Pump Discharge Piping and Valves EA 1 2.~ 00[)
I
Electrical
32 Furnish and In stall Control Panel LS 1 >'0, OOt ,
33 Furnish and Insta ll Main Disconnect EA 1 ~S'; .:>&cJ ,
34 Furnish and In stall SCADA RTU panel and antenna EA 1 2..~ 00<
I
35 Furnish and Install Jun tion boxes, rec eptabl e floats LS 1 z c;-tJ u
I
36 Furnish and Install Electrica l equipment appurtenence (including cond uits and wiring ) LS 1 ,.b' O()t.
37 Furni sh and Install 200 AMP Meter EA 1 2S', ~o
' 38 Furni sh and Install Grounding Ele ctrode System LS 1
2.-.=:::_;-t <) 0 ~ ,
39 Furnish and Install Pump Feeder EA 2 2.,~ (}01
40 Furnish and Install Equipment Rack EA 1 z~ o a (
f
41 Install concrete pad for FPL transformer. Concrete pad provided by FPL EA 1
Z},/'Jv)/1 .
42 Furnish and Install Level Transducer EA 1 2..9-:JO[. ,
43 Furnish and In stall Pressure Tran smitter (including saddle) LS 1 17';' ()O,
44 Furnish and Install (2) 5" pipe (For Primary Conduits Installation) ONLY {Co nduits provided by FPL) LF 200 '>---0 , 0~
45 Install electrical service lateral between electric meter and FPL pad mounted transfonner LF 100 /c:;r'J. l >o
Lands c ape
46 New Large Tree EA 3 12 S7JO .J
47 New Medium/ Small Tree EA 6 I ) 3-,D ... 'J
' 48 New Shrubs EA 300 I~ DO
49 Tree Relocation EA 1 1, 1>-0 ,J,
50 Tree Protection Barrier LF 150 1s .uo
51 Sod Restoration SY 222
I I 5"'.,di)
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'
177
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" -PUMP STATION
Bid prices stated in the proposal include all costs and expense s for labor, equipment, materials, contractor's overhead, and profit. Payment for this project will be based upon completion of th e entire
project as a unit price contract.
52 The SUM ofllem Nos , 1 through 51
53
54 For veri fying existing utilities and performing soft digs if necessary
For un foreseen conditions , for minor const ru ction changes , and for quan tity adjustments, if ordered by
55 the En gin eer
(15% of the Subtotal , Item No . 51)
56 The SUM of Item Nos. 52 to 55
Dedicated
Allowance
Contingency
Allowance
SUBTOTAL
TOTAL BID
D
00
c__ _ __i_ ________________________ _.__ ____________ 4µ,L_--1--+-J'--,.U.""-''4-v
1
2
3
4
Note: Contractor account for all wor1< shown on electrical construction drawings whether listed on this bid item list or
not
CONTINGENCY ITEMS
Temporay Sheet Piling an d Support of Excavation , Contingonc~ Item
For providing uniformed, off-duty pol ice officers for the purpose of mi'!i lntenance of traffic ($52/hr)
For remova l, transport and legal disposal, including the payment of tipping fees , of any contaminated
material discovered along the pipeline's proposed route . This item shall also include the hiring of an
environmental consultant firm by the con tractor to prepare a ::;oil and groundwater management plan , as
needed, conduct soil and/o r groundwater sampling for lab analysis to determin e disposal requi rements
and oversee th e handling of the material, inc lu ding , but not limited to, the stag ing , segregation ,
preparation for hauling (i.e., removal of excess groundwater from material) and disposal as approved by
the Engineer/Department.
The SUM of Item Nos. 1 to 3
SF
Days
CY
2,400 ?:o. DcJ '12r ODO ,
90 4/b 3"'9144'. D.
20 I~. 01) >1 DD 0 . D 8
TOT AL CONTINGENCY I I z., li LID _
f
178
SUBMITTED THIS z z DAY OF
BID SUBMITTED BY :
~ fin. 6 ,' Vl eB !-s/6'16' ·tn,;r;
Company Telephone Number
Fax Number
+vi po ~Mc P?O 6 i DA · VJ G-1-
Signature Email Address
Title
43 of 116
179
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" -GRAVITY SEWER AND FORCE MAIN -PHASE 1
ITEM DESCR IPTION UNI T ESTIMATED UNIT COST TOTAL COST QUANTllY
For performing preparatory work and operations In moblllzlng for beglnnlng th e work of the Project,
1 including preparation and acceptance of MOT, but excluding materials and permit costs, both of which are Aggregate Sum 1 '31;',oo a fl ,;, >~, t>/fJc paid under other payment items .
2 For furnishing and delivering to the Department 10-inch zinc-coated d uctile iron pipe fo r sanitary sewer Linear Feet 31 (2,o ,;)<7 ma in > I --q-l,-i) . 0 i>
3 For installing 10-inch ductile iron pipe for sanitary sewer main (greater than 14 feet or in accordance with Linear Fe et 31 G'ls-,.oo zoning} 2.. I <.If '-f '-,-.
4 For furnishing and delivering to the Department 6-inch zinc-coated ductlle Iron pipe for sanitary sewer Linear Feet 155 1 "; ~ Cl_,_ main //)(J _/)o '
5 For Installing 8-inch ductile iron pipe for sanitary sewer main (greater than 14 feet or In accordance with Linear Feet 155 zoning) 1 Oo .()0 I '5', e.i'>tJ -c:;; V
6 For furnishing and delivering to the Department 8-inch PVC (C900) DR 25, (C.1.0,D ,), (9.5" 0.0.) co lored Linear Feet 2,394 ?.h. green pipe with neoprene gaskets for sanitary sewer main D-0 h,.., ') -2,,i..,/-00
' 7 For Installing 8~ PVC (C-900) pipe for sanitary sewer main (6 to 7.99-feel) Linear Feet 318 t:.-s--. cJ v • .., /I {,,~. ,, C)
' 8 For lnstaUlng 8" PVC (C-900) pipe for sanitary sewer main (8 to 9.99 feet) Linear Fee t 400 'Cf-t> . c.? ·v 225 OcJ (.). ,
9 For installing 8" PVC (C-900) pipe for sanitary sewer main (10 to 11 .99 fe et) Lin ear Feet 655 '1-,s--_ ()O ,:,...j.q I,.., L '-c. a ,
10 For Installing s• PVC (C-900) pipe for sanitary sewer main (12 to 13.99 feet) Linear Feet 1021 Sl o ,Oa tn, .bi<o . u•
For furnishing and delivering to the Department precast Reinforced Concrete Manhole fo r 6 fl. to 7.99 ft .
11 depths. Typical 4 ft. inside diameter, with concentrk/eccentrlc corbel, lined and coated , and with Each 1 membrane sealing system & with inflow dish protector and with Type "A• manhole frame and cover. (All 2-1 <;1'&. c) f,1 2.-( ",C, cJ . d i as per MDWASD Specifications and Details), complete.
12 For installing Precast reinforced Concrete Manhole with frame and cover for 6 ft . to 7.99 ft. depths , with Ea ch 1
~, 1s-o .1 concentric/eccentric corbel, complete. ~L" •l, ' / ',O ~O
For furnishing and delivering to l he Department pre cast Reinforced Concrete Manhole fo r 8 ft. to 9.99 ft .
13 dep1hs . Typical 4 ft . inside diameter, with concentric.teccentric corbel, lined and coated, and with Each 1 membrane sealing system & w ilh inflow dish protector and with Type "A• manhole frame and cover. (All 3, sv0 . .:::8 3, 9JJ . ,r as per MDWASD Specifications and Details), complete. 0
14 For Installing Precast reinrorced Concrete Manhole with frame and cover for 8 ft . to 9 .99 ft . depths, with Each 1 '3, So O T co nce ntric/eccen tric co rbel, complete. ~u ~ ~"' :J
For furnishing and delivering to the Department precast Reinforced Concrete Manhole for 10 fl. to 11 .99
15 ft. depths. Typical 4 ft. in side dia meter, with concentric/eccentric corbel, lined and coated, and with Each 2 membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All 3, c;'lJ () r "~ -::f-, 0 0 t: as per MDWASD Specifications and Details), complete. . c?o
16 For installing Precast reinforced Concrete Manhole with frame and cover for 10 ft . to 11.99 ft . depths , with Ea ch 2 concentric/eccentric corbel, complete . "3 , SVcJ -Oe ,;:;-, (!)Cl c,1,
For furnishing and delivering to th e Department precast Reinforced Concrete Manhole for >12 ft . depths.
17 Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated , and with membrane Each 6 sealing system & with inflow dish protector and with Type "N manhole frame and cover. (All as per 1.-f I 71)0, ' c} 2-----.::,.., 0 00, MDWASD Specifications and Details). complete.
18 For Installing Precast reinforced Concrete Manhole with frame and cover for >12 ft . depths, with Each 6 concentric/eccentric corbel, complete. Lf, t_;-00,( a 2-~, OOc . OD
For furnishing and delivering to the Department precast Reinforced Concrete DROP Manhole for >12 ft.
19 depths. Typical 4 ft. inside diameter, with concentric/eccentric corbel, lined and coated , and with Each 3 membrane sealing system & with inflow dish protector and with Type "A" manhole frame and cover. (All -q.( .,cJo -cJ --z._ 2; c;.-O t , as per MDWASD Specifications and Detalls), complete.
20 For Installing Precast reinforced Concrete Manhole with drop connections frame and cover for >12 ft. Ea ch 3 [&1 <,0c . depths, with concentric/eccentric corbel, complete . s-, c.,1' ~-J.,
21 For furnishing and installing 8 x 6-inch ductile iron pipe tee branch connection for sanitary sewer Each 2
( I ~~ C tl 3, ~--0 (},
22 For furn is hing and Installing 8 x 6-lnch PVC (C-900) tee branch co nnecUo n for sanitary sewer Each 35
(, (' I I -q..<;'"o ,d,1 2..-'Zl 7
23 For furnishing and Installing 8 x 6-inch PVC (C-900) Wye branch connection for sanitary sewer Ea ch 7 ,.
~-( 2. I l..t 7o ,
24 For furnis hing and delivering to the Department 6-inch PVC (C-900) sanitary sewer lateral, including Linear Feet 1103 fittings and dean-out assemblies, complete LI)' cJu :)__.I) /) ,t::. C. ' (
25 For Installing 6-inch PVC (C-900) sanitary sewer lateral , including fittings and clean-out assem blies , Linear Feet 1103 4 '6',oo / 0 Lf 1
complete ?f .
45 of 116 Page 1 of3
180
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" -GRAVITY SEWER AND FORCE MAIN -PHASE 1
26 For furnishing and delivering to the Department 6-inch zinc-coated ductile Iron pipe, fittings and plug Linear Feet
valves for sewage force m ai n
72 ! So .(}~? { e) / ~Od -
27 For installing 6-inch zinc-coated ductile Iron pipe, fittings and plug valves for sewage force main Linear Feet 72 ('77LOv lo, te1 D .
28 For furnishing and delivering to the Department 8-inch zinc-coated ductile iron pipe , fittings and plug Lin ea r Feet
valves fo r sewage force main
694 /oo ,tlo b t:11 t{Ot9 , c)i)
29 For Installing 8-inch zinc-coated ductlle Iron pipe, fittings and plug valves for sewage force m ain Linear Feet 694 ~~ o v ¾~r 1 "1 (I 0 i)
30 For constructing Automatic Air Release Valve Assemblies (AARVs) for sewage force main at the Each 1
locations shown on the Plans , complete (Contingent Item) 3 , S'D t?-r!)i) 3, S"l>G
For mak ing a tapping con nectio n(s) to an existing sewage force main at:
SW 62nd AVE (STA 10+80±)
31 including furnishing and installing a tapping sleeve (stainless steeij and tapping valve, as shown on the Aggregate Sum 1
Plans , complete , and obtaining the services of a tapping speciali st to tap the exist existing sewage force H , 50 0. a~ I '-f ,~ :J
main
32 For t rench overcut in 1-foot d epth Increments, fo r any size pipe
Linear Feet 200 (Contingent Item) 2,(J . 1.'i> L.i 0 0 0 .,.:J • t)
33 For removal, transport and legal disposal of unsuitable backfill materials , includlng tipping fe es, !!.L Cubic Yards 100
ordered by the Engineer (Contingent Item) 125'.o·v I ) ~o . ·-
34 For sheeting and shoring ordered left in place by the Engineer
square Feet 500 (Contingent Item) 3o . iJo 1 c; ovo.o 0 ,
35 For furnishing and installlng additional suitable back.fill material , as directed by the Engineer Cubic Yards 500
(Contingent Item) 22 -~o I I ' ? _o::;-n ~ 17
' '
36 For constructing limerock base for Type "I" permanent pavement repairs on NON FDOT Roads , Square Yards 2,450 ·1g , . .:;?o Inclu ding the laterals '-l q, 100 ,-,
37 For constructing Type "I" asphaltlc concrete surface course p ermanent pavement repairs NON FDOT Square Yards 2,450
Roads, including the laterals { l --5" )0 , 6 ~9':
38 For constructing lim erock. bas e for Type "I" permanent pa vement repa irs on Driveways Square Yards 180
2,0 _.;J ,J 2:,' G (J c, .cJ •v
39 For constructing Type "I" asphaltic concrete surface course permanent pavement repairs Driveways Square Yards 180
'Z--0.Ji) 3 .6(}<J .ih
40 For constructing concrete driveway restoration to match existing Square Yards 60 €f I { 'S1,. J O 00 l1 . c!i:?
41 For constructing brick paver driveway restoration (brick pavers , concrete pavers, stone pavers, stone Square Yards 100
til es , ceramic tile and other similar finishes) to match existing l s-o, cJ..., i9 000 -
42 For restoring sodded area
Square Yards 1500 (Contingent Jtem) Io . •-'o ( <i;', e](:J 0
43 As Built Aggregate Sum 1 l"9-, 50ti . 11I l -=l-1 ~.'(}
44 The SUM of Item Nos. 1 through 43 SUBTOTAL q 9.-':1 rJLI t..· ~ O o ,
45 For cost or required permits, fees , inspections, impact fees , if authorized by the Engineer Dedicated 1 2>1 , 6/1 (3% of the Subtotal , Item No. 44) Allowance 32 24 , J>
46 For verifying existing utilities and pertorming soft digs if necessary
Dedicated 1 Allowance S' (J(JJ ., C ~ ~cJc/l~ I ' 0 c)
46 of 116 Page 2 of 3
181
BID PROPOSAL
CITY OF SOUTH MIAMI
AREA "K" -GRAVITY SEWER AND FORCE MAIN -PHASE 1
For unfore seen conditio ns, for minor construction changes , and for quantity adjustments, if ordered by the Contingency 47 Engineer 1 \t../i, 05 f,. i 11.f'il ;, (10% of th e Subtotal, Item No .44) Allowance
48 The SUM of Item Nos. 44 to 47 TOTAL BID I I 61 'T"/ I
CONTINGENCY ITEMS
1 For constructing Type V permanent pavement repairs for entire roadway (nominal 1 inch thick machine• Square Yards overlaid asphaltic concrete SP-9.5 overlay), NONE FOOT Roads 6,200 {'5"-. OP CfJ,i0&0.
2 For replaclng pavement marki ngs damaged, removed or obliterated by the Contractor's operation Agg re gate Sum 1
2. ?'t (;)(), t:>. c o 25',0c
3 For providing uniformed, off-duty police officers for the purpose of maintenance of traffic Dedicated 1 Allowance 4Z,~d c.)'ll "-121 'sil
For removal , transport and legal disposal, including the payment of tipping fees, of any contaminated
material discovered along the pipeline's proposed route. This Item shall also Include the hiring of an D edicated 4 environmental consultant firm by the co ntractor to prepare a soil and groundwater management plan , as Allowance 1
needed , conduct soil and/or groundwater sampling for tab analysis to determine disposal requirements L-f I , 2.Sc:i .cJv 4( ~s-and O'""r'""' lh<> h <>nrll jnn ofthi:> -A·A-ial incl11dinn but no Ii-··-~ to the S'A _, __ senren<>ljnn
5 The SUM of Item Nos. 1 to 4 TOTAL CONTINGENCY 20 / ·q-s---o O u ,
47 of 116 Page3of3
182
SUBMITTED THIS 22 DAY OF
BID SUBMITTED BY :
Arc ---&,,q ~ i vp W R i VJ ~ ;! YK
Company Telephone Number
Fax Number
I\/\ Po t9 Ak Plo {Is j DA . Vl SJ
Signature Email Address
Title
48ofll6
183
FORMS
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #I
Reference Contact Person/Title/Department:
Public Entity Size/Number of Residents/Square Mileage: __ _.ff ..... ·~· ->-'-~6 ..... ,.,,..'/4_t.~~ .... -~~N~-A----+-(--
32...1 o o "t' V:i«U
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) .5 ;;J;l,..,~ 5':f !A t;_,,o;f: ~14:,~ ]½4-f:dZ ,er<uZ~
"" ., I ·1zv, d p ,l.Y;-: H fttt/2 a , ki '2.-, 3 . (
Ra j) i-1 ~;9,( Aw-j(J,tl,a,g,..~
Is the Contract still Active? Yes ___ No :X
49 of 116
184
REFERENCE #2
Public Entity Name: 1:bw-a gf Ht ~ U j.,~
Reference Contact Person/Title/Department: _1,_A -'-'\.A.-0,---=>--'=1!~-r,'--"-~.,.,_·--'-"-"~----------
lvp;-tJ ~~µ.M ;,iY, p'?~J Y½iwti.,"4
Contact Number & Email .]Q q ~ ] ~ tf: ---hf Oo S,v:f: ( ( 3 3
-PL-.:1 .,,., v
J
Public Entity Size/Number of Residents/Square Mileage : ______ "--'>--· ~~-U,(.~Af~--Y½-<..._· £'-"'""7_,-
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) -~W~B~~&.~~~<..,.,0 ,.___&½:?1':~"~·~-t~¼='=-~-l --iu.~·~14.,= ~-:1:.Dr-~'l-=;,~b/4<~:~-,i,"-t __
1)&~4' 't~)
Is the Contract still Active? Yes ~ No ___ _
50ofll6
185
REFERENCE #3
Public Entity Name: ·t<;'9:,,<,N) ,,J ~ll.t,J
Reference Contact Person/Title/Department: ---1-M->+~"-'·~ .... ,-""""l,.,..~-~~==¼>-----------
~ ~p-nn2-<.r4it :DJ"'"=
Contact Number & Email __ ?f-+-tl~-b."-. _·-~z .... <i'+-/1-JQ-,_-___,__2""-,.,'3_,_:f-+--,7~-----------
Public Entity Size/Number of Residents/Square Mileage: ~. I ~..tA'..bt:t'. ¾£;:,
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity) tJ 1,()--. t(lJ:ah 6~Ji" ~~ ~,:) 2 v'vue M..it?.,.,,
&f&, L i_p;;i;::t;--M<f I t.f /.e1.1' clu.v.ii&, 0&zl ,4 J~l:o e~)
¢$ clc1r • '.)-L,{{\ r I.a 1 '.'1&) 1.-:3 ~I dt,;;i/ ~ D to,.,A.v 11. 1 2-0 2-3
Is the Contract still Active? Yes X' No , ----
51 of 116
Tabulation Sheet
Agency Name City of South Miami
Bid Number ITB-(ITB) No. PR2023 - 17-0-2023/SK
Bid Name SANITARY SEWER CONSTRUCTION AREA K – PHASE 1
Bid Due Date 02/06/2024 10:00:00 Eastern
Bid Opening Closed
4 responses found.online, offline, not submitting, not received
Company Responded Address Bid Amount Alt Bid Amount Declared
Attributes Documents Sent
Complete
1 .ATC Engineering Inc
02/06/2024
09:16:31
Eastern
2222 NW
14 Street,
Miami,
FL, 33125
$2214032.3200 0.0000 Bidding Document
2 .Comtech Engineering Inc.
02/06/2024
08:26:27
Eastern
7900 SW
57th
Avenue
Suite 11,
Miami,
FL, 33143
$8043780.9200 0.0000 Bidding Document
3 .David Mancini & Sons, Inc
02/06/2024
08:39:32
Eastern
2601
Wiles
Road,
Pompano
Beach,
FL, 33073
$8244246.6800 0.0000 Bidding Document
4 .Pro Service Group General Construction, Inc.
02/06/2024
09:57:44
Eastern
4291, SW
143
Avenue,
Miramar,
FL, 33027
$3277726.2600 0.0000 Bidding Document
186
1 ✓
1 ✓
1 ✓
1 ✓
Bidder Bid Price Bid
CERT
Bid
Ack
FORM 9
PERF.
BOND
REVISED
FORM 7
SOV
Bidder
Qualif.Ref.ADA
Public
Entity
Crimes
and
Conflicts
Non Coll.
Affidavit
Bus
Entity
Anti
Collusion
SCRUTINIZED
COMPANY
Drug free
Workplace
NON-
DISCRIMIN
ATION
WARRANTY
ACCEPT
DISPUTE
DISCOLSURE DEBAR
ATC
ENGINEERING $2,214,032.32 X X N/A X X X X X X X X X X X X X X
PRO SERVICE $3,277,726.26 X X N/A X X X X X X X X X X X X X X
COM TEC $8,043,780.92 X X N/A NOTE X X X X X X X X X X X X X
DAVID
MANCINI &
SONS
$8,244,246.68 X X N/A NOTE X X X X X X X X X X X X X
ITB PW2023-17
PROOF OF INSURANCE IS A CONDITION OF AWARD
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
187
Member Name City of South Miami
Bid Number ITB-(ITB) No. PR2023 - 17-0-2023/SK
Bid Name SANITARY SEWER CONSTRUCTION AREA K – PHASE 1
43 Planholder(s) found
1255 NOTIFIED
SupplierName FullNameEmail Address1 City State
Declared
Attributes
Amici Engineering
Contractors Christopher Lazzarichrisl@amiciec.com
10621 SW 139th
Street Miami FL
ATC Engineering Inc Andy Suarezandy@atcflorida.net2222 NW 14 Street Miami FL
Basile USA LLC Luigi Basileinfo@basileusa.com3830 SW 30 Avenue
Fort
Lauderdale FL Small Business
Bob's Barricades John Baldwinjbaldwin@bobsbarricades.com921 Shotgun Rd
Fort
Lauderdale FL
Comtech Engineering Inc.Jose Sierrajsierra@comtecheng.com7900 SW 57 Avenue Miami FL
Constructionx LLC Rene Carrenocarreno@constructionxllc.com6690 West 5th Place Miami Lakes FL
Core & Main Benjamin Strasserbenjamin.strasser@coreandmain.com
4780 Calamondin
Avenue Cocoa FL
Coreland Construction Corp.Nestor Hernandeznhern@corelandconstruction.com
13611 South Dixie
Highway Miami FL Woman Owned
Crosshair Construction LLC Gabriel Martinezgabriel@crosshairconstruction.co2019 Parson St Naples FL
David Mancini & Sons, Inc David Jr. Mancinibids@dmsi.co2601 Wiles Road
Pompano
Beach FL
Dodge Data Bonny Mangolddodge.docs@construction.com
4300 Beltway Place,
Ste 150 Arlington TX
Engineered Coatings
Solutions LLC John Blankjblank@ecscoatings.com
888 Boulevard of the
Arts Sarasota FL
Fj Nugent & Associates Fred Nugentfred@nugentco.comP.o. Box 521925 Longwood FL
FLOVAC, INC Michael Pringlempringle@flovac.com15 Utility Drive Palm Coast FL
Fortiline, Inc. d/b/a Fortiline
Waterworks Fortiline, Inc d/b/a Fortiline WaterworkJulie.cline@fortiline.com
3100 Starmount Park
Blvd.CONCORD NC
Gencon Partners Inc.Jason Barketestimating@genconfl.com12940 SW 128TH ST Miami FL
Gencon Partners Inc.Manuel Rodriguezmanny@genconfl.com8010 SW 198TH ST MIAMI FL
Innovative Pipeline Systems Tracey Kennedytwk@inpipesys.com417 W 81ST AVE Merrillville IN
JCA Surety Group Jorge Bracamontejb@jcasurety.com1602 Georgia Blvd Winter Park FL Hispanic Owned
Jormak Equipment and
Consulting Inc.Jorge OliveroJorge@jormakequipment.com13070 SW 210 Terrace Miami FL
Lanzo Construction
Company James Tilliestimating@lanzo.org125 S.E. 5th Court
Deerfield
Beach FL
6 Document(s) found for this bid
188
LMK Pipe Renewal Frank Schwartzfrank@lmkpipe.com1131 NW 55th Street
Fort
Lauderdale FL
M&J GENERAL
CONTRACTORS CESAR DE LUNAcesar@mjgeneralcontractors.com300 Palermo Avenue
CORAL
GABLES FL
Hispanic Owned,
Small Business,
Man Con, Inc.Anthony Mancinianthonym@mancon.ws3460 S.W. 11th Street
Deerfield
Beach FL
Metro Equipment Service,
Inc.Jorge Fontejfonte@mesinc.us9425 SW 72 STREET Miami FL
MTX Group One, LLC Albert Campillocosme@mtxgroupone.com2570 S. park road Hallandale FL
Onvia, Inc. - Content
Department Content Source Managementsourcingsupport@deltek.com
509 Olive Way, Suite
400 Seattle WA
Pabon Engineering Inc Anibal Pabonpipesouth@yahoo.com28705 sw 132 ave Miami FL
Pabon Engineering, Inc Emily Cortesecpabon@outlook.com13028 SW 128 ST Miami FL
Persant Construction Adrian Othonadrian@persantconstruction.com
13220 SW 132
Avenue, #2 Miami FL
Persant Construction Persant Constructionerick@persantcosntruction.com13175 SW 124 Avenue Miami FL
Persant Construction Co,
Inc Jorge Pernaspersant.patricia@gmail.com
13220 SW 132 AVE
unit 2 Miami FL
Persant Construction
Co.Inc.Jorge Pernascadpersant@bellsouth.net
11865 SW 26 ST,Suite
B14 Miami FL
RG Underground
Engineering, INC Ricardo Gonzalezoffice@rgunderground.com14375 SW 120 ST Miami FL
Roadway Construction, LLC Silvio Rubisilvio@roadway-construction.com12391 SW 130 Street Miami FL
Hispanic Owned,
Small Business
Southern Underground
Industries Mike Sweeneymikes@southernui.com794 South Military Trail
Pompano
Beach FL
Terra Hyle Contractors, Inc Miguel Ocanamocanasr@terrahyleinc.com2140 South Dixie Hwy Miami FL
Hispanic Owned,
Woman Owned
Trans Florida Development Gilbert Caamanogilbert@transflorida.net13960 SW 144 Ave Rd Miami FL
Trans Florida Development Javier Melojmelo@transflorida.net13960 sw 144 ave rd Miami FL
Trans Florida Development
Corp.Idel Mederosidel@transflorida.net
13960 S.W. 144th Ave.
Rd.Miami FL
Trans Florida Development
Corp.Idel Mederosidel@transflorida.net
13960 S.W. 144th Ave.
Rd.Miami FL
Trenchless Consulting, LLC Ted Dimitroffted@trenchlessflowline.com
9351 E. Carter School
Rd Columbia MO
Vercetti Enterprises Danny Vercettidv@vercetti.net7296 SW 48th Street Miami FL
Hispanic Owned,
Small Business
189
3/4/24, 3:59 PM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ATCENGI…1/2
Document Number
FEI/EIN Number
Date Filed
Effective Date
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
ATC ENGINEERING INC.
Filing Information
P16000024001
81-1885592
03/14/2016
03/22/2016
FL
ACTIVE
AMENDMENT
08/13/2019
NONE
Principal Address
2222 NW 14TH ST
MIAMI, FL 33125
Changed: 08/13/2019
Mailing Address
2222 NW 14TH ST
MIAMI, FL 33125
Changed: 08/13/2019
Registered Agent Name & Address
ALVAREZ, ILDELIS
8843 SW 36 ST
MIAMI, FL 33165
Officer/Director Detail
Name & Address
Title P
ALVAREZ, ILDELIS
8843 SW 36 ST
MIAMI, FL 33165
Title V
D C Florida Department of State
190
D.!1/EilON of
[; Dl<' P D~E.A'JJD~ff ~
w1 vjfklnl Su.11e of Flvrld.tJ web:,Jte
3/4/24, 3:59 PM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ATCENGI…2/2
RODRIGUEZ, LUIS
14619 SW 99TH ST
MIAMI, FL 33186-6944
Annual Reports
Report Year Filed Date
2022 02/04/2022
2023 01/19/2023
2024 02/02/2024
Document Images
02/02/2024 -- ANNUAL REPORT View image in PDF format
01/19/2023 -- ANNUAL REPORT View image in PDF format
02/04/2022 -- ANNUAL REPORT View image in PDF format
01/25/2021 -- ANNUAL REPORT View image in PDF format
02/04/2020 -- ANNUAL REPORT View image in PDF format
08/13/2019 -- Amendment View image in PDF format
06/21/2019 -- Amendment View image in PDF format
02/07/2019 -- ANNUAL REPORT View image in PDF format
03/01/2018 -- ANNUAL REPORT View image in PDF format
01/09/2017 -- ANNUAL REPORT View image in PDF format
03/14/2016 -- Domestic Profit View image in PDF format
Florida Department of State, Division of Corporations
191
2222 NW 14TH ST
MIAMI, FL 33125
Current Principal Place of Business:
Current Mailing Address:
2222 NW 14TH ST
MIAMI, FL 33125 US
Entity Name: ATC ENGINEERING INC.
DOCUMENT# P16000024001
FEI Number: 81-1885592 Certificate of Status Desired:
Name and Address of Current Registered Agent:
ALVAREZ, ILDELIS
8843 SW 36 ST
MIAMI, FL 33165 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE:
Electronic Signature of Signing Officer/Director Detail Date
FILED
Feb 02, 2024
Secretary of State
4176986170CC
LUIS O. RODRIGUEZ VP 02/02/2024
2024 FLORIDA PROFIT CORPORATION ANNUAL REPORT
Yes
Title P
Name ALVAREZ, ILDELIS
Address 8843 SW 36 ST
City-State-Zip:MIAMI FL 33165
Title V
Name RODRIGUEZ, LUIS
Address 14619 SW 99TH ST
City-State-Zip:MIAMI FL 33186-6944
192