Res No 101-24-16206RESOLUTION NO. 101-24-16206
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING AND AWARDING AN
AGREEMENT TO TROPIC LANDSCAPING & LAWN
MAINTENANCE, INC. FOR LANDSCAPING SERVICES
FOR THE CLUSIA HEDGE PROJECT AT SOUTH MIAMI
PARK PURSUANT TO INVITATION TO BID (1TB) NO.
PR2024-10 IN AN AMOUNT NOT TO EXCEED $50,000;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND TO ENTER INTO AN AGREEMENT FOR THE
PROJECT; PROVIDING FOR IMPLEMENTATION,
CORRECTIONS, AND EFFECTIVE DATE.
WHEREAS, on July 24, 2024, the City of South Miami (the "City") issued Invitation to
Bid No. PR2024-10 ("ITB") for landscaping services (the "Services') fortheClusiaHedge Project
at South Miami Park (the "Project"); and
WHEREAS, four (4) sealed bids were received by the rm deadline; and
WHEREAS, after review and evaluation of the bids, City Staff determined that Tropic
Landscaping & Lawn Maintenance, Inc. (the "Contractor") was the lowest, responsive and
responsible bidder, with a bid for the Project in the amount of $44,315; and
WHEREAS, the City Commission desires to select and award an agreement to the
Contractor to provide the Services for the Project in the amount of $44,315, together with a $5,685
contingency for the Project, for a total amount not to exceed $50,000 and authorize the City
Manager to negotiate and enter into an agreement in substantially the form attached hereto as
Exhibit "A" (the "Agreement") with the Contractor, and
WHEREAS, the cost of the Project shall be charged to the Parks Facilities Impact Fee
Fund Account No. l 17-2000-572-6440, which has a current balance of $432,302, or such other
funding source 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 residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section l. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Selection and Award. That the City Commission hereby selects the
Contractor and awards the Contractor the Agreement to provide the Services for the Project.
Res. No. 101-24-16206
Section 3. Authorization. That the City Commission hereby authori zes the City
Manager to negotiate and execute the Agreement, in substantially the form attached hereto as
Exhibit "A," with the Contractor to provide the Services for the Project in the amount of$44,3 15 ,
together with a $5,685 contingency for the Project, for a total amount not to exceed $50,000,
subject to the final approval of the City Attorney as lo form, content, and legal sufficiency. The
cost of the Project shall be charged to the Parks Facilities Impact Fee Fund Account No. l 17-2000-
572-6440, which has a current balance of $432,302, or such other funding source as determined
by the City Manager to be in the best interest of the City.
Section 4. Implementation. The City Manager is hereby authorized to take any and
all action necessary to implement the Agreement and the purposes of this Resolution.
Section 5. Conections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature. •
Section 6.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASS ED AND ADOPTED this 20°1 day of Augus t, 2024.
ATTEST:
CITY~w
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION 11-IEREOF
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vice May or Bonich:
Commissioner Calle:
Commissioner Liebman :
4-0
Yea
Absent
Yea
Yea
Commissioner Corey: Yea
LFMANCOLE
' ..
CITY A TIORNEY
Page2 of2
Agenda Item No:2.
City Commission Agenda Item Report
Meeting Date: August 20, 2024
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SELECTING AND AWARDING AN AGREEMENT TO TROPIC LANDSCAPING & LAWN MAINTENANCE, INC.
FOR LANDSCAPING SERVICES FOR THE CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK PURSUANT
TO INVITATION TO BID (ITB) NO. PR2024-10 IN AN AMOUNT NOT TO EXCEED $50,000; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND TO ENTER INTO AN AGREEMENT FOR THE PROJECT;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND EFFECTIVE DATE. 3/5 (CITY
MANAGER-PARKS, RECREATION & CULTURE DEPT.)
Suggested Action:
Attachments:
Memo-SMP_Landscape_Hedge_Project (1).docx
Resolution Selecting Tropic Landscaping and Lawn Maintenance for Clusia Hedge Project SMP.DOCX
Exhibit A - Draft Agreement with Tropic Landscaping and Lawn Maintenance - Clusia Hedge Project SMP.DOCX
Exhibit B to Agreement - Tropic Landscaping & Lawn Maintenance, Inc..pdf
FINAL ITB Clusia Hedge Project 6.24.24.pdf
Bid Tabulation ITB PR2024-10 7.16.24.pdf
Proposal Summary ITB PR2024-10 7.16.24 .pdf
Demand Star ITB PR2024-10 7.16.24.pdf
Sun Biz Tropic Landscaping.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:August 20, 2024
SUBJECT:New landscaping improvements—Clusia plants—at South Miami Park ($50,000).
RECOMMENDATION:Approve an agreement with Tropic Landscaping & Lawn Maintenance, Inc.
for the installation of Clusia plants at South Miami Park, totaling $50,000.
BACKGROUND:The City’s Parks, Recreation and Culture Department, through the
Procurement Division, obtained bids from qualified vendors for the supply,
delivery, and installation of Clusia plants along the north, west, and south
boundary of South Miami Park.Refer red line illustrated below.
The project scope involves removing vegetation, including clearing vines,
overgrown plants, debris, and invasive trees such as Hong Kong Orchid
Trees in the northwest corner, to create a 4-foot clearance from the
existing perimeter fence line.Additionally, the project includes the precise
placement and planting of 15-gallon Clusia plants, which are 4-5 feet tall
(initial height), along the designated area, followed by mulching.
Clusia plants offer both functional and aesthetic advantages, making them
an excellent choice for enhancing and protecting park boundaries. Some
of those benefits include, but are not limited to:
Access Control: Acts as a natural barrier, enhancing park security
and privacy by preventing unauthorized access from neighboring
properties.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
o For example, the proposed hedge would restrict or reduce
the number of property owners using their access gates to
operate motorized ATVs or let their dogs run free in the
park.
Durability and Low Maintenance: Hardy plants that require less
frequent pruning and care, making them a cost-effective choice for
park boundaries.
Sound Barrier: Dense foliage absorbs and reduces noise pollution,
creating a quieter environment.
Safety from Stray Balls: Thick and sturdy plants minimize the risk
of stray balls hitting nearby property fences.
Aesthetic Enhancement: Attractive, glossy leaves add
beautification to the park, creating a more inviting space for
visitors.
PROCUREMENT
PROCESS:An Invitation to Bid (“ITB”) PR2024-10 7.16.24 for the "Clusia Hedge
Project" at South Miami Park was issued on July 24, 2024. The City received
bid proposals from four firms, as outlined below.
Bidder(s)Bid Base Price
Tropic Landscaping & Lawn Maintenance, Inc.$44,315
Mainguy Landscape Services $62,280
Coco Tree Service, Corp $68,200
Brightview $71,846.84
City staff has determined that Tropic Landscaping & Lawn Maintenance,
Inc. has submitted the lowest, most responsive, and responsible proposal.
Staff has worked with the aforementioned firm on several projects in the
past and finds them to be reliable, professional, and consistently delivering
high-quality work.
VENDOR:Tropic Landscaping & Lawn Maintenance, Inc.
EXPENSE:Proposal/contract amount shall not exceed $44,315. A 5,685 contingency
will be added to the contract amount for any unforeseen construction-
related activity. The total expense amount is $50,000.
3
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FUND ACCOUNT:Parks Facilities Impact Fee Funds – account number 117-2000-572-6440,
which has a current balance of $432,302.
ATTACHMENTS:Resolution
Final ITB Clusia Hedge Project
Exhibit A: Tropic Landscaping & Lawn Maintenance, Inc.
Bid Tabulation ITB PR2024-10 7.16.24
Proposal Summary ITB PR2024-10 7.16.24
Demand Star ITB PR2024-10 7.16.24
Sun Biz: Tropic Landscaping & Lawn Maintenance, Inc.
4
. -
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
TROPIC LANDSCAPING & LAWN MAINTENANCE, INC.
THIS AGREEMENT {this «Agreement") is made effective as of the / ~ f)A-o C
!.Sc?P Te"1?1/1&/l-I (the .. Effective Date"), by and between the CITY OF SOU AMI, a Initial : ~
Florida municipal corporation (hereinafter the "City"), and TROPIC LANDSCAPING & -...._ ___ ;.........
LAWN MAINTENANCE, INC., a Florida profit corporation (hereinafter, the "Contractor").
WHEREAS, the City desires ce1tain landscaping services (the "Seivices") to implement
the Clusia Hedge Project at South Miami Park (the «Project"), all as set forth in greater detail in
the Scope of Work attached hereto as Exhibit .. A"; and
WHEREAS, on July 24, 2024, the City issued lnvitation to Bid No. PR2024-10 ("1TB")
for the provision of the Sen1ices for the Project; and
WHEREAS, after review and evaluation of the bids, City Staff determined that the
Contractor was the lowest, responsive and responsible bidder, with a bid for the Project in the
amount of $44,315, which bid is attached hereto as Exhibit "B" (the "Bid"); and
WHEREAS, on August 20, 2024, the City Commission adopted Resolution No. ~ l.Jy-
101-24-16206, selecting and awarding the Contractor's bid and authorizing the City Manager to 'xJ ~
enter into this Agreement for the provision of the Sen1ices for the Project in the amount of ~
$44,315, ~ with 1t-i5;685 eenlin~eney f6rthe-Pt"Ojttt;for-a-tot2tl-amMmt not-to exceed
-856-,666;-Mtd--l .--, "--~-=-___,
WHEREAS, the City desires to engage the Contractor to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
1. Scope of Services.
1.1. Contractor shalJ provide the Services set forth in the Scope of Work attached hereto as
Exhibit "A" INCLUDING ATTACHMENT C, "BOUNDARY SURVEY," and the
Contractor's Bid attached hereto as Exhibit "B," which exhibits are incorporated herein
by this reference.
1.2. Contractor shalJ furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"DeJiverables") to the City.
2 . Term/CommencementDate.
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2.1. The term of this Agreement shall be from the Effective Date through thirty (30) days
thereafter, unless earlier terminated in accordance with Paragraph 8.
2.2. Contractor agrees that time is of the essence and Contractor shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided by Contractor shall be in an amount not to exceed
$44,315.00 in accordance with the Contractor's Bid attached hereto as Exhibit "B."
3.2. Contractor shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Contractor under this Agreement. Fees shall be
paid in arrears each month, pursuant to Contractor's invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Contractor in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
4. Subcontractors.
4.1. The Contractor shall be responsible for all payments to any subcontractors and shall
maintain responsibility for all work related to the Services.
4.2. Contractor may only utilize the services of a particular subcontractors 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.
5. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Contractor to assist Contractor in performing the Services.
5.2. Upon Contractor's request, City shall reasonably cooperate in arranging access to public
information that may be required for Contractor to perform the Services.
6. Contractor's Responsibilities; Representations and Warranties.
6.1. The Contractor shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Contractor's Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to City
requests, the Contractor shall at Contractor's sole expense, immediately correct its
Deliverables or Services.
6.2. The Contractor hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
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required under Federal, State and local laws applicable to and necessary to perform the
Services for City as an independent contractor of the City. Contractor further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3. The Contractor represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Contractor have been duly authorized, and this Agreement is binding on Contractor and
enforceable against Contractor in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7 .1. To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Contractor, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Contractor shall immediately stop
work on the Project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Contractor shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Contractor has first
complied with the provisions of Paragraph 8.4.
8.4. The Contractor shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1. Contractor shall secure and maintain throughout the duration of this Agreement 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.
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9 .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.
9.1.2. 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.
9.1.3. 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 Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured ( except with respect to Professional Liability
Insurance and Worker's Compeiisation Insurance), no later than ten ( l 0) days afte1· award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. 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 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
Agreement, 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 Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the l'ight 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 Services, 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 01· coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Contractor in performance of this Ag1·eement. 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 ofinterest
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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.
9.4. 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.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Contractor shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to 1·ecover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Contractor shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Contractor's performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Contractor and third parties made pursuant to this
Agreement. Contractor shall reimburse the City for all its expenses including reasonable
attorneys' fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Contractor's performance or
non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement 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
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serv ice, a ddressed to the pa rti es (or th e ir s uccessors) at e addresses li sted o n th e s ignat ure
page o f this Agree m e nt o r s u c h other ad dress as t h e pa ty may h ave d es ig nated by proper
notice.
14. Governing Law and Venue. Thi s A g ree me nt s ha ll be co ns tru e d in acc o rd a nce with a nd
go verned by the laws of th e Sta te o f Fl o rida. V e nue fo r a ny proceedin gs ari sin g ou t of thi s
Ag re ement sh a ll be prope r exclus iv e ly in Miami-Dad e C unty, F lorid a .
15. Entire Agreement/Modification/Amendment.
15 .1. T his w riting con ta in s t he e nt ire Agreeme n t o f h e parties a nd s upe rsedes an y p r io r
oral o r w ritte n re presentatio ns . No re presenta ti on s er e m ad e o r re li e d upo n by e ith e r
pa rty, othe r than t hose th a t a re express ly set forth her in .
15.2. N o a g ent, e mployee, o r o th e r representative of ·ith e r p ar ty is e mpo we red to m odify
o r a me nd th e te rm s of thi s Ag reement, unl ess exec ·e d with the sam e formality as t h is
d ocum e n t.
16. Owners hip and Acces s to Records and Audits.
16.1. Contracto r acknowled ges tha t a ll inve nti on s , inn ovati o ns, improvem e n ts,
d eve lo pm e nts, m e thod s, des ig n s, a nal yses, drawings, re ports, c o mpiled information, a nd
a ll s imil ar o r r e la ted in fo rma ti o n (whethe r p ate nta bl e o r no t) which rela te to Services to
t he C ity w hich a re co nce iv ed , deve loped o r mad e by Contracto r d u ring the term of thi s
Ag reeme nt ("W o r k Produc t") be lo ng to the C ity. Contracto r s h a ll p romptly di scl ose s uc h
W o rk P ro du c t to th e C ity a nd p erform a ll acti o ns reasona bl y requ ested by th e C ity
(whe th e r during or after th e te rm of thi s Agreeme nt) to e s ta bli sh a nd c onfirm s uch
ow ne rs hip (including, w ith o ut limita ti on, ass ig nm e nts, powers of a tto rn ey a nd o th e r
in s trum e nts).
16.2. Contracto r agrees to keep a nd m a inta in public records in Contracto r's possess io n
o r control in c o nnecti o n w ith Contracto r 's perfo rma nce unde r t hi s Agreem e nt. The C ity
M a nager o r h e r d es ig nee s ha ll , during the te rm o f thi s A g re e m e nt a nd fo r a p eri o d of three
(3) years from th e da te of te rmi nation of thi s Agreem e nt, have a ccess to a nd the ri g ht to
examin e a nd audit a ny r ecord s of the Co ntracto r in vo lv in g tran sacti o n s re la ted to thi s
Agreement. Co ntracto r a dditio na ll y agrees to co mpl y sp ecifi call y w ith the provis ions of
Sectio n 119.070 I, Fl o rid a Sta tutes. Con t racto r s h a ll ens ure tha t public record s that a re
exempt o r confide ntial and e xe mpt fro m publi c re co rds discl osure re quire ments a re not
di scl osed , e xcept a s a utho ri zed by law, for th e duration of the Agree m e nt, a nd following
completi o n o f the Ag re eme nt un til the re co rds are tra nsfer red to th e C ity.
16.3. U po n requ est fr o m the C ity's c us todi a n of pu b li c records, Contractor s h a ll prov ide
th e C ity w ith a copy of the re qu es ted record s o r a llo w th e re cord s to be in spected or co pi e d
wi thin a r ea s onable time at a c ost that d oes no t exceed th e cost prov id ed by C hapter 11 9,
Fl o rid a Statutes, or as o ther wise provided by la w .
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16.4. Unl ess othe rw is e p rov id ed by la w, a ny and all records, in c luding but no t limite d to
re p or ts, s urveys, a nd o th e r data a nd do cuments pro v id ed or c reate d in conne ction with thi s
Ag reement a re a nd s h a ll re ma in th e prope rty of t he C ity.
16.5. Upon c o mpleti o n of thi s Agreeme nt or in the eve nt o f te rmina tion by e ith er p arty ,
any and all publi c records re la ting to the A g reem ent in the p ossession o f the C ontra cto r
s ha ll be delive re d by the Contractor to the C ity M anager, a t no cost to th e City, w ithin
seven (7) days. A ll suc h records sto red el e ctronica ll y by Contracto r s h a ll be deliv ered to
the C ity in a fo rmat th a t is compati ble w ith the C ity's in fo rmatio n techno lo gy system s .
Once th e public record s hav e bee n d e li vered up on co mpl eti o n o r te rmina tion of thi s
Agreeme nt, the Contracto r s ha ll d estro y a ny a nd a ll dupli cate pu b li c reco rd s that are
exempt or co nfi dential a nd exempt fr om publi c record s di sclos ure req uirem e nts .
16.6. Any compe nsatio n du e to Contracto r sh a ll b e wi thh e ld until a ll reco rd s are rec e ived
as provid ed here in .
16.7. Co ntractor 's fa ilure o r re fu sal to comply with the provis io ns of thi s s ection s hall
result in the imme diate te rmination o f thi s Agreement by the C ity .
16.8. Notice Pursuant to Section 119.0701(2)(a ), Florida Statutes. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DU T Y TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, 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@ sou thmiam ill.gov
17. Nonassignability. This Ag reement sha ll no t be ass ig nabl e by Contrac to r unless s u ch
assig nment is first app ro ved by th e C ity Manager. The C ity is r e lyin g upon the a ppa re nt
qualifications a nd expetti se o f th e Cont ra c to r, a nd suc h firm 's fa mili a rity wi th the C ity's a re a ,
circums tances a nd des ires.
18 . Severability. If a ny te rm o r p rov is io n o f thi s Agreeme nt s hal I to a ny exte nt be he ld invalid o r
unenforcea ble , the re m a ind e r of thi s Ag reem e nt s hall not b e affecte d ther e by, and each
remaining term and provis io n of thi s Ag ree m e nt s h a ll be v a lid a nd be e nfo r cea ble to the fulles t
exte nt permitted by law.
19. Independent Contractor. The Contracto r and its e mpl oyees, vo lun teers a nd agents s h a ll be
a nd remain an ind e pe nd e nt contracto r and not a n a gent o r e mpl oye e o f th e C ity w ith resp ect to
7 of40
a ll of th e acts and ser v ices per fo rm e d by a nd under th e terms of thi s Agreem e nt. T hi s
Ag reem e nt s h a ll not in any w ay b e constru ed to c reat e a p a r tne rs hi p, assoc ia ti o n o r an y o t her
k ind of joint unde 1takin g, e nte rpri se or ventu re between the pa rti es.
20 . Complia nce with Laws. T he Contractor sha ll com p ly w ith a ll a p p li cabl e laws, ordinances,
rul es, regul a ti o ns, and lawful orde rs of pub l ic au thoriti es in carry ing o u t Serv ices unde r t hi s
A g reem e nt, and in p a rt ic ul a r s hall o bta in a ll required permi ts fro m a ll j mis di c ti o na l agencies
to p er fo rm the Ser v ices u nder thi s Agreeme nt a t its own expe nse.
21. Waiver. T h e fa ilure of e ithe r pa rty to this Agreem e nt to obj ect to o r to ta ke affirmative act io n
w ith resp ec t to a ny conduct of the other w hi ch is in v io la ti o n of th e te rm s of th is Agreement
s ha ll not be constru ed as a waiv e r of t he vi o la ti o n o r breach, o r of a ny fu ture v io lati o n , br each
o r w rong ful c o nduct.
22. Surviva l of Provisions. Any terms or cond itions of e ithe r this Agreem e nt th at re quire acts
beyond th e d ate of th e term of the Agreeme nt, s ha ll s urv ive t e rm ination of the Agreem e nt,
s ha ll r e m a in in full fo rce a nd effe ct un less a nd until th e te rm s or con di ti ons are comp le te d a nd
s ha ll be fu ll y e n forcea bl e by e ith e r pa rty .
23. P roh ibition of Contingency Fees. The Co ntract o r wa rrants that it h as not employed or
re ta in e d a ny c o mp a ny or p erson, o th e r th a n a bo na fid e e m ployee work ing so le ly fo r th e
Contractor, to so li c it or secure thi s Agreem e nt, a n d t ha t it has not paid o r agreed to pay a ny
pe rson(s), c o mpa ny, corporat io n, ind iv idu a l or firm , o ther th a n a bo na fid e e mp loyee work ing
sole ly fo r th e Con tr acto r , any fee, co mmiss io n, percentage, g ift, or any othe r cons ideration,
contin gen t upon o r res ul t in g fro m th e award or makin g of thi s Agreem ent.
24 . Public Entity C rimes Affidavit. Cont ractor s ha ll comp ly w ith Section 2 8 7 .133, Florid a
S t atutes (Public E ntity C rimes St a tute), no tifi cati on of whi ch is h e re by in corporated he re in by
refere nce, in c ludi ng execu tio n o f a ny req u ired affidav it.
25 . Counterparts. This Agreem e nt ma y be execute d in several counte r pa rts , each of wh ic h shall
be deem ed an o r igina l and s uch cou nte rpa rts s h a ll c onsti t ute o ne a nd t he same instru ment.
26. Conflicts. In the ev e nt of a confli c t be tween th e t e rm s of t hi s Agreem e nt a nd a ny exhibits or
a ttachme nts he re to , the t e rms o f thi s Agreement s ha l l co nt ro l.
27. E-Verify Affidavit. In accorda nce w ith Secti o n 448.095, F lorida S t atutes, the C ity re quires
a ll contractors do in g bus in ess w ith th e C ity to register w ith a nd use the E-Ver ify system to
v e rify the w ork autho ri zati on s tat us of a ll n ewly hire d employees. The City w ill not e nte r in to
a co nt rac t unl ess each party t o th e contract regis te rs w it h a nd uses the E-Verify syste m . T he
contract ing e nti ty mu st provide its p roof of e nro llm e nt in E -Yeri fy. For ins truc ti o ns on h ow to
pro v ide proof of t he co ntractin g entity's pa rt ic ipati on/enrollme nt in E-Veri fy , p lease v is it:
https://www.e-verify.gov/fag /how-do-i-provide-proof-of-my-participationenro l lment-in-e-
verify. By ente ring in to thi s Agreeme nt, th e Co ntractor a c kn owled ges that it h as read Sect io n
44 8.095, F lo rid a S t a tutes; will compl y w ith th e E -Verify requ ir ements imposed by Section
448.0 95, F lo rid a S tatutes, in c ludin g bu t not limited to obta inin g E -Veri fy af fid av its from
s ubc ontracto rs; a nd has e xecuted th e require d affi dav it att ached here to an d in corpor a ted
here in .
8of40
28. Noncoercive Conduct Affidavit. Pursuant to Section 787 .06, Florida Statutes, a
nongovernmental entity executing, renewing, or extending a contract with a governmental
entity is required to provide an affidavit, signed by an officer or a representative of the
nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity
does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes.
By entering into this Agreement, the Consultant acknowledges that it has read Section 787 .06,
Florida Statutes, and will comply with the requirements therein, and has executed the required
affidavit attached hereto and incorporated herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
9of40
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 vi sit:
l1ttp s://ww,v .e-verify.gov/faq/h o,v-do -i-provi de-proo f-ot:.m y-partici pat ione nrol hnent-in-e-ve rify
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.
J{ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
Print Name: 7)h vil) ;S!Jµ/'A.
Title : 1?~~Vf
Entity Na,;;e: yl! {q11 els't'~
ACKNOWLEDGMENT
State of Florida
County of Miami Dade
The foregoing insh·ument was acknowledged before me by means of □ physical presence or ~
online notarization, this _E_ day of August . 20....2.L by David Santana
_____ ( name of person) as President (type of authority) for
Tropic I andscapiog & T awn Maioleoah1:Je1me of party on behalf c,f wf10m instrument is executed).
v l>erQonally knnv.m t o 1-no; or
Notar ·Public (Print, Stamp, (J)r Type as
Commissioned)
___ Produced identification (Type of Tdentification: __________ ~-
--"""'Did take an oath; or
___ Di_d not take an oath
1oof40
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AFFIDAVIT ATTESTING TO
NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Effective July 1, 2024, Section 787.06, Florida Statutes, a nongovernmental entity executing,
renewing, or extending a contract with a governmental entity is required to provide an affidavit,
signed by an officer or a representative of the nongovernmental entity under penalty of perjury,
attesting that the nongovernmental entity does not use coercion for labor or services as defined in
Section 787.06(2)(a), Florida Statutes.
By signing below, I hereby affirm under penalty of perjury that:
1. I have read Section 787.06, Florid a Statutes, and understand that this affidavit is provided in
compliance with the requirement that, upon execution, renewal, or extension of a contract
bet\1/een a nongovernmental entity and a governmental entity, the nongovernmental entity must
attest to the absence of coercion in labor or services.
2. 1 am an officer or representative of -:7Rtiµ h?»dst"~ , a nongovernmental entity.
3. ~f, U~~,' does not use coercion for labor or services as defined in the relevant
section of the 1m:
In the presence of: Under penalties of perjury, I declare that I
have read the foregoing and the facts
stated in it are true: 46 . . v/!J,,·/)P -..
• /ti Print N~).t .• t;1 ft;p~)
~--
Pri11tNa1?:
Titl e : ~~
Witness #2 Print Name: -f-l'--""--'-"'-..,__-4=-..:...,_:""--Entity Name: '/LVC /jiµd5r41K
OATH OR AFFIRMATION
State of Florida
County of Mi ami Dad e
Sworn to (or affirmed) and subscribed before me by means of D physical presence or OConline
notarization, this ____n_ day of August , 20 ]!_, by David Santana
___ (name of person) as President (type of authority) for __
Tropic I.audscapiog & J awn Maiar,fioome of party on behalf of whom instrument is executed).
X Personally known to me; or
·~I\.~
• IIYCOMWSl<llllli!J4Slffl
""""$:f'""")'11.tQ!l
iiblic (Print, Stamp, or Type as Commissioned)
___ .Produced identification (Type ofldentiflcation: ___________ _,
___ D.id take an oath; or
Did not take an oath ---
City of Miami Springs, FL Non-Coercive Conduct Affidavit
11 of40
AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH
ENTITIBS OF FOREIGN COUNTRIES OF CONCERN
Pursuant to Section 287.138, Florida Statutes (which is expressly incorporated herein by
reference), a governmental entity may not knowingly enter into a contract with an entity which
would give access to an individual's personal identifying information if (a) the entity is owned by
ethe government of a foreign countty of concern; (b) the government of a foreign country of
concern has a controlling interest in the entity ; or (c) the entity is organized under the laws of or
has its principal place of business in a foreign country of concern.
This affidavit must be completed by an officer or representative of an entity submitting a bid,
proposal, or reply to , or entering into, ren ewing, or extending, a contract with a governmental
entity which would grant the entity access to an individual's personal identifying information.
I . Tropic Landscaping & Lawn Maintenance ("entity") does not meet any
of the criteria in paragraphs (2)(a)-(c) of Section 287.138, F.S.
ln the presence of:
State of Florida
County of Miami Dade
Under penalties of perjury , I declare that I
have read the foregoing and the facts
stnted in it are fr e:
PrmtNam . ~It) 5"1-r.q,v
Title: /?4,£S'IIJ,,-~
En tity Name: ~//~ /;;/J/sC,f/e
OATH OR AFFIRMATION
Sworn to (or affirmed) and subscribed before me by means of D physical presence or [konline
notarization, this~ day of August • 20--2£1., by_J).wj,ud~Saai:i::iu.tau:ii::i.a.a----
___ (name of person) as President (type of authority) for __
Tropic J aodscapiog & (name of party on behalf of whom in strument is executed).
Lawn Maintenance
Inc &i.~ 0
D.I\/LOA.S1E1mll ~~...-:;--·-,,_
(~ ):l llVCOMUIS$IOl11Hlll5m2 ._=--/~-~!/! EXPIRES:FOl>Mlyt! • .rJla _.;;d,::;_::;:.::::::::;;;::;: •• :::=~,:.~;:--~.-:!:..· -----------------..a N "Public (Print. Stamp, or Ty,ic as Commissioned)
___ Personally known to me; or
___ Produced identification (Type of Identification:. ___________ ___,
___ Did take an oath; or
___ Did not take an oath
120£40
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
By:
Genaro "Chip" Iglesias
City Manager
Attest:
By:_--41-iU+--h'~---------
Nkenga'
City Clerk
Approved as to form and legal sufficiency:
By: e==:,i.-~~~::::l...Ln~~...:..._ ___ _
Weiss er t a Hellman Cole
City Attorney
Addresses for Notice:
Genaro "Chip" Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl .gov ( ema il)
With a copy to:
Weiss Serota Hellman Cole & Bierman, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
loran go@wsh-law.com (email)
CONTRACTOR
B::,~d
Name: ~io .54//17#/A
Title: ?-t~zl~f:
Entity: fl2Pj1b !11 )t tls~Jf/B
oD6 -79 lo -29t>D (telephone)
-:---,..-,----,--,-,...,---<facsimile) :#:rnp'lc\SO'.:b1rd(~!l"'a1l • (email) ~ (Cl l'Yl
With a copy to: ~
---rn,$,< . \ a~ av-t
:C --= I 4-4 (telephone)
--,---.--..----:---(facsimile) ·::trDy>,c.. l&a ~l'.)\Q,;-I• Corn( ema il)
13 of40
EXHIBIT "A"
SCOPE OF SERVICES
INCLUDING ATTACHMENT C "BOUNDARY SURVEY"
14 of 40
SECTION 3.
SCOPE OF WORK. SPECIFICATIONS. AND REQUIREMENTS
"CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK"
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 1TB (the "Work"). The Work is to be performed per
specifications and the contract documents. The Work is to be performed in accordance with the
specifications and the contract documents (as defined in the Instructions for Respondents) that are
provided to the Contractor by the City 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 C ity. This
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); disposing of materials;
providing all necessary engineering and architectural plans, drawings and technical specifications; all
permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight;
coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water);
erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that
the safety measure are in place at the end of each working day; root pruning and sod restoration at
affected areas to the City's satisfaction; cleaning the construction site at the end of each working day;
maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods
and services necessary to perform all of the Work.
Prior to any digging, Contractor must locate all underground utilities and other facilities as well as
contacting Sunshine 81 I to coordinate the process between excavators and member utilities in Florida
so that the utilities can mark the approximate location of all their underground facilities, including power
lines, telephone lines, pipes, and cables on construction site.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits
(including tree permits), provide signed and seal footing and foundation specifications for permitting, as
well as all laboratory tests, engineering and architectural specifications, drawings and plans that are
necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor
will be required to obtain, pay for and deliver to the City as-built plans for all of the Work. Permit fees
are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by
other government entities, if required, are the responsibility of the Respondent/Contractor; however, in
all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be
required for this project.
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 of South Miami is requ esting proposals from qualified bidders for the supply and installation of
Clusia plants along the north, west, and south perimeter line of the park at South Miami Park, located
at 4300 SW 58 Avenue, as outlined in the Before & After Boundary Layout in RED. Clusia plants
must be supplied by a reputable nursery, ensuring they meet specified quality standards.
The project encompasses removal of vines and overgrown vegetation along perimeter fence line, ground
cover, small trees (i.e. Hong Kong Orchid Trees on northwest corner) and debris surrounding perimeter to
leave a 4' It. clearance from existing perimeter fence. Additional project details entail precise placement
and planting of Clusia along designated area, followed by mulching.
The awarded firm will lead a comprehensive and complete process for planting, including but not limited
1 to furnishing all labor, materials, equipment, debris hauling and disposal to complete the work.
Respondents are required to follow all federal, state and local codes as well as all rule compliance and
guidelines with Americans with Disabilities Act (ADA).
3.3. SITE LOCATION.
The Project will be held at South Miami Park, 4300 SW 58 th Avenue, South Miami, FL, 33143.
3.4. DESIGN PLANS & SPECIFICATIONS.
Refer to Attachment C "Boundary Survey with Elevations and Before & After Boundary
Layout" showing RED markings for planting purposes
3.5. PROIECT DURATION.
All work must be completed within thirty (30) calendar working days from the issuance of a purchase
order and notice to proceed.
3.6. WARRANTY.
Bidder must include a warranty and/or guarantees of all material and labor that includes:
3.6.1.
3.6.2.
3.6.3.
3.6.4.
3.6.5.
3.6.6.
any conditions; and
guaranteed response time for repair; and
guaranteed replacement during the warranty period; and
life expectancy under normal use; and
Failures during the warranty period must be repaired or replaced to the satisfaction of the
City; and
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 (I) 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.
A BID BOND, PERFORMANCE AND PAYMENT BONDS ARE NOT REQUIRED FOR
THIS PROJECT.
END OF SECTION 3
ATTACHMENT C
BOUNDARY SURVEY WITH ELEVATIONS BEFORE AND AFTER
BOUNDARY LAYOUT
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Sh eet 4 o f 4
EXHIBIT "B"
CONTRACTOR'S BID
26of40
ITEM
NO.
I
2
3
4
5
6
FORM7
BID FORM/SCHEDULE OF VALUES
1TB No. PR2024-I 0
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
UNIT
DESCRIPTION QTY UNIT PRICE
MAT.&
LABOR
Mobilization I LS $ 2,500.00
Removal of vines and overgrown vegetation
along perimeter fence line, ground cover, small
trees (i.e. Hong Kong Orchid Trees on northwest I LS $ $3,000.00
corner) and debris surrounding perimeter to
leave a 4' ft. clearance from existing perimeter
fence line. Refer to photos in work scope.
Debris hauling and disposal I LS $ 1,800.00
I I
General Landscape / Shrubs
Supply, delivery and install Clusia: I S gal, 4-5'
Overall Height, 3-4' SPRD, Spacing to be 5' from 515 EA $ 65.00
center
Supply, delivery and install Brown Mulch at 311
100 YD $ 30.00 depth
Supply, delivery and install 15 yards of soil (fill I EA $ 540.00
areas where needed / as directed)
AMOUNT
$ 2,500.00
$ $3,000.00
$ 1,800.00
$ 33,475.00
$ 3,000.00
$ 540.00
Lump Total Sum $ 44,315.00
Note:
Bid prices stated in the proposal include all costs and expenses for labor. equipment. materials.
contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project
will be based upon completion of the entire project as a unit price contract. Contractor is
responsible for all repairs, including complete restoration work to disturbed elements and surface
areas due to construction activities and disposal of all debris and materials off-site. It's recommended
that Contractors visit the work site.
37 of77
27of40
SUBMITTED THIS ~/2~w~· __ _ DAY OF _74_u~~-t./ ____ 202=f_.
BID SUBMITTED BY:
200" .z£/5'~ -r71'Y
Telephone Number
to Submit Bid Fax Number
·77fo&eb ,,v Lh11/i /J (!2 3/YlQ//. co/?/
Email Address
Title
ATTACHMENTD
AMERICAN RESCUE PLAN ACT ADDENDUM TO
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
BETWEEN
THE CITY OF SOUTH MIAMI
AND
TROPIC LANDSCAPING & LAWN MAINTENANCE
THIS ADDENDUM to the CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
(the "Addendum") is entered into as of the 20 day of AUGUST, 2024 (the "Effective Date of
this Addendum"), by and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation, (the "City") and TROPIC LANDSCAPING & LAWN MAINTENANCE, a
[State) CONTRACTOR [if out of state entity, add and confirm that the entity is: authorized
to do business in Florida) (hereinafter, the "Contractor"). Collectively, the City and the
Contractor are referred to as "Parties."
WHEREAS, on AUGUST 20, 2024, the City entered into a Professional Services
Agreement (the "Agreement") with the Contractor for the Professional Services related to the
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK project(s) for contractor to
implement] (the "Project"), as further defined in the Agreement; and
WHEREAS, on March 11, 2021, the federal government adopted the American Rescue
Plan Act ("ARP A"), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS, the City desires to utilize ARP A funding to implement the Project; and
WHEREAS, in order to utilize ARP A funding for the Project, the City desires to
incorporate federally required contract provisions relating to ARP A into the Agreement, as set
forth in this ARP A Addendum; and
WHEREAS, the City and Contractor wish to modify the terms of the Agreement in
accordance with the terms and conditions set forth in this ARP A Addendum.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows:1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the
following provisions to the Agreement:
1 Coding: Stri1Eetluo1::1gl:t words are deletions to the existing words. Underlined words are additions to the existing words.
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2.1.Mandated Federal Agreement Conditions.
2.1.1. In conn ection w ith the performance of thi s Agreement, Contractor acknowledges
that compensation for the Project services und er thi s Agreement s hall b e fully or partially
funded us in g the Coronavirus State and Local Fiscal Recovery Funds allocated to the City
pursuant to the American Rescue Pl an Act. As such , Co ntractor s hall comply with all laws ,
rules , regulations, polic ie s, and guidelines (including any s ubsequent amendments to such
laws, regulations, policies, and guidelines) required by the American R esc ue Plan Act,
including, but not limited to the following documents and guidelines, which are in corporated
herein and m ade a part of thi s Agreement:
ARPA Exhibit I.Uniform Administrative Requirements, Cost Principl es , and Audit
R equirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from tim e to time;
ARPA Exhibit 2.The U.S. Departm ent of the Treasury 's Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery
Funds Award Terms and Conditions (Ass istance Listing Number 21.019);
ARPA Exhibit 4.The U.S. Departmen t of the Treasury 's Coronav irus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARP A Exhibit 5.American R esc ue Plan Act Coronavirus Local Fiscal Recove1y Fund
Agreement between the City and the State of Florida, Divis ion of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treas ury's ARPA Co mpliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for in spection by the Contractor at the
Office of the City Clerk and at the following City link: ARP A EXHIBITS, Exhibit 1 through
Exhibit 7 Listed Above in Section 2.11:
https ://southmiamiflgov-
mv.sharepoint.com/:f:/g/personal/skulick southmiamifl gov/E gZe4BSydzhJIKcTTEKzlx
EBXe 9fwkGvYIOaDEg6grosw?e=SfwsTC
2.1.2. Title VI Requirem ents. Contractor acknowledges that the City has ce11ified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Depa rtm e nt of the
Treasury on the form incorporated h erein as ARP A Exhibit 7. Towards that e nd , Contractor
shall e nsure that perfonnance of work in connection with this Agreement complies with the
certifications and requirements contain ed in ARP A Exhibit 7 and s hall also adhere to the
following provis ions:
(I) The Contractor and its s ubcontractors, successors, tra nsferees, and assignees s hall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
30 of 40
federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
"Limited English Proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4. Age Discrimination Act of 1975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury's implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5. Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
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v.An authorized official of the Department of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
"This Project is [being funded/was supported] in part by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury."
2.1.10. Reporting Conflict of Interests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1. Equal Employment Opportunity Compliance. During the performance of this
Agreement, the Contractor agrees as follows:
( 1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
32of 40
ongm. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
( 4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
( 5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
( 6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
33of40
by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-halftimes the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph ( 1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph ( 1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph ( 1) of this section.
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(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph ( 1) through ( 4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in tum, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.5. Debarment and Suspension Compliance. During the performance of this
Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred,
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suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
( 5) Contractor certifies that they:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
11. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under 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.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352. as amended). During the
performance of this Agreement, the Contractor and its subcontractors shall comply with the
prov1s1ons of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
(1) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
( 4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7. Copeland "Anti-Kickback" Act. During the performance of this Agreement, the
Contractor and its subcontractors shall comply with the provisions of the Copeland "Anti-
Kickback" Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F .R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
37of40
(3) Breach. A breach of the contrac t clauses above may be grounds for te1mination of this
Agreement, and for debarment as a contractor a nd s ubcontracto r as prov ided in 29
C.F.R. § 5.12.
2.2.8. Pro curement o[Recovered Mate ria ls . Contractor s hall compl y with th e provisions
of2 C.F.R.323 , including Section 6002 of the So lid Waste Disposal Act. Towa rds that end, in
the performance of thi s Agreement, th e Contra ctor s ha ll make max imum use of products
conta ining recovered m aterials that are EPA-des ignated item s, unl ess the product cannot be
acquired: (l) compet iti vely w ithi n a timeframe prov iding for compliance w ith the contract
p erfonnance schedul e; (2) meeting contract pe rforma nce requi rements; or (3) at a reasonable
pnce.
Info1mation about thi s requirement, along w ith t he li st of EPA-designated items, is available
at EPA ' s Co mpre he ns ive Proc ure ment Guide! ine s web s ite,
https://www.epa.gov/smm/comprehensi veprocurement-guideline-cpg-program.
2.2.9. Dom estic Preferences (or Procu rements . To the greatest extent practicable,
Contractor and its sub contractors s hall provide preference for the purchase, acquis ition, or use
of goods, produc ts, o r materials produced in the United States, in acco rd ance w ith 2 CFR
200 .322, "Domestic prefere nce s fo r pro c ur eme nt s."
2.2.10. 2 CFR Subpart F -Audit Requirem ents. Contractor shall assist the C ity in
complying with the audit requirements under 2 CFR Subpa rt F -Audit Require ments ("Federa l
Audit Pro v is io ns") and th e re porting require me nts of the U.S. D epartm e nt of the Treasury 's
Final Rule, as amended, a nd other g uid elin es issued in connection w ith the American R escue
Plan Act.
(l) Contractor s h a ll assist the City in compl y in g w ith the Fed eral A udit Provis ions by
providing the C ity, the S tate of F lorid a, th e U.S. D epartment of the Treasu1y, the
Treasury Office of th e Inspecto r Gen era l, the Governm ent Accountab ility Office, or
other federa l governm e nt entities, and any of th e ir duly authorized re presentati ves,
access to pe rsonne l, accounts, books, record s, supporting documentation, and other
information re lating to the p erformance of the Agreement or the Work
("Docum enta ti o n") necessary to compl ete federa l audits. Contractor s hall promptly
assis t the C ity in the event Doc um entati on must be supplem ented to address audi t
findings o r other federa l inquiries.
(2) Contrac tor s hall keep al l D ocume nt atio n up-to-d ate thro ug hout the performance of this
Agreement a nd the Work. Contractor sh all provide the C ity w ith all Documentation for
each fiscal year by October 1 of each year or w ithin five days of the comp letion of the
Work, w hi c hever occurs first. Contracto r s hall ass is t th e C ity in compl y ing with
additional guidance a nd in stru cti ons iss ued by the U.S. D epartment of t he Treasury
governing the reporting requirements fo r the u se of American R escu e Plan Act
Coronavirus State a nd Local Fiscal R ecovery Funds.
3. Conflict; Addendum Prevails. In the event of a ny conflict or ambi guity between the te1ms
38 of 40
and provisions of this Addendum and the terms and provisions of the Agreement, the terms
and provisions of this Addendum shall control.
4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms
in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full
force and effect in accordance with its terms.
S. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Counterparts. This Addendum may be executed in counterparts, each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
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Tropic Landscaping & Lawn Mruntenanco. Inc.
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17973 SN 248th Street
Homestead. FL 33031
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P.O. BOx 901368
Homestead, FL 330901368
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
TROPIC LANDSCAPING & LAWN MAINTENANCE, INC.
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2024 (the “Effective Date”), by and between the CITY OF
SOUTH MIAMI, a Florida municipal corporation (hereinafter the “City”), and TROPIC
LANDSCAPING & LAWN MAINTENANCE, INC., a Florida profit corporation (hereinafter,
the “Contractor”).
WHEREAS, the City desires certain landscaping services (the “Services”) to implement
the Clusia Hedge Project at South Miami Park (the “Project”), all as set forth in greater detail in
the Scope of Work attached hereto as Exhibit “A”; and
WHEREAS, on July 24, 2024, the City issued Invitation to Bid No. PR2024-10 (“ITB”)
for the provision of the Services for the Project; and
WHEREAS,after review and evaluation of the bids, City Staff determined that the
Contractor was the lowest, responsive and responsible bidder, with a bid for the Project in the
amount of $44,315, which bid is attached hereto as Exhibit “B” (the “Bid”); and
WHEREAS,on [DATE], the City Commission adopted Resolution No. XX, selecting and
awarding the Contractor’s bid and authorizing the City Manager to enter into this Agreement for
the provision of the Services for the Project in the amount of $44,315, together with a $5,685
contingency for the Project, for a total amount not to exceed $50,000; and
WHEREAS, the Citydesires to engage the Contractor to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Contractor and the City agree as follows:
1. Scope of Services.
1.1.Contractor shall provide the Services set forth in the Scope of Work attached hereto as
Exhibit “A” and the Contractor’s Bid attached hereto as Exhibit “B,” which exhibits are
incorporated herein by this reference.
1.2.Contractor shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the City.
2. Term/Commencement Date.
2.1.The term of this Agreement shall be from the Effective Date through thirty (30) days
thereafter, unless earlier terminated in accordance with Paragraph 8.
7
2.2.Contractor agrees that time is of the essence and Contractor shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1.Compensation for Services provided by Contractor shall be in an amount not to exceed
$44,315.00 in accordance with the Contractor’s Bid attached hereto as Exhibit “B.”
3.2.Contractor shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Contractor under this Agreement. Fees shall be
paid in arrears each month, pursuant to Contractor’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Contractor in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
4. Subcontractors.
4.1.The Contractor shall be responsible for all payments to any subcontractors and shall
maintain responsibility for all work related to the Services.
4.2.Contractor may only utilize the services of a particular subcontractors 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.
5. City’s Responsibilities.
5.1.City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Contractor to assist Contractor in performing the Services.
5.2.Upon Contractor’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Contractor to perform the Services.
6. Contractor’s Responsibilities; Representations and Warranties.
6.1.The Contractor shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Contractor’s Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to City
requests, the Contractor shall at Contractor’s sole expense, immediately correct its
Deliverables or Services.
6.2.The Contractor hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for City as an independent contractor of the City. Contractor further warrants and
represents that it has the required knowledge, expertise, and experience to perform the
8
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3.The Contractor represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Contractor have been duly authorized, and this Agreement is binding on Contractor and
enforceable against Contractor in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1.To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1.The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Contractor, or immediately with cause.
8.2.Upon receipt of the City's written notice of termination, Contractor shall immediately stop
work on the Project unless directed otherwise by the City Manager.
8.3.In the event of termination by the City, the Contractor shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Contractor has first
complied with the provisions of Paragraph 8.4.
8.4.The Contractor shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1.Contractor shall secure and maintain throughout the duration of this Agreement 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.
9.1.1. 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
9
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.
9.1.2. 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 Contractorshall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. 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 Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional Liability
Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. 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 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
Agreement, 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 Agreement and shall state that such insurance is as required
by this Agreement. 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 Services, 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.
9.3. Additional Insured. Except with respect to Professional Liability Insuranceand Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Contractor in performance of this Agreement. 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.
10
9.4. 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.
9.5.The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.During the term of this Agreement, Contractor shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1.In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1.Contractor shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Contractor’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Contractor and third parties made pursuant to this
Agreement. Contractor shall reimburse the City for all its expenses including reasonable
attorneys’ fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Contractor’s performance or
non-performance of this Agreement.
12.2.Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3.The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives.Any notices required by this Agreement 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 Agreement or such other address as the party may have designated by proper
notice.
11
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1.This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2.No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1.Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Contractor during the term of this
Agreement (“Work Product”) belong to the City. Contractor shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2.Contractor agrees to keep and maintain public records in Contractor’s possession
or control in connection with Contractor’s performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Contractor involving transactions related to this
Agreement. Contractor additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3.Upon request from the City’s custodian of public records, Contractor shall provide
the Citywith 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.
16.4.Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
16.5.Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Contractor
12
shall be delivered by the Contractor to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Contractor shall be delivered to
the City in a format that is compatible with the City’s information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Contractor shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6.Any compensation due to Contractor shall be withheld until all records are received
as provided herein.
16.7.Contractor’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8.Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
17. Nonassignability.This Agreement shall not be assignable by Contractor unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Contractor, and such firm’s familiarity with the City’s area,
circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor.The Contractor and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. 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
13
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions.Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees.The Contractor warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Contractor, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit.Contractor shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts.This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts.In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. 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 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.
28. Noncoercive Conduct Affidavit.Pursuant to Section 787.06, Florida Statutes, a
nongovernmental entity executing, renewing, or extending a contract with a governmental
entity is required to provide an affidavit, signed by an officer or a representative of the
nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity
does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes.
14
By entering into this Agreement, the Consultant acknowledges that it has read Section 787.06,
Florida Statutes, and will comply with the requirements therein, and has executed the required
affidavit attached hereto and incorporated herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
15
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
16
City of Miami Springs, FL Non-Coercive Conduct Affidavit
AFFIDAVIT ATTESTING TO
NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Effective July 1, 2024, Section 787.06, Florida Statutes, a nongovernmental entity executing,
renewing, or extending a contract with a governmental entity is required to provide an affidavit,
signed by an officer or a representative of the nongovernmental entity under penalty of perjury,
attesting that the nongovernmental entity does not use coercion for labor or services as defined in
Section 787.06(2)(a), Florida Statutes.
By signing below, I hereby affirm under penalty of perjury that:
1. I have read Section 787.06, Florida Statutes, and understand that this affidavit is provided in
compliance with the requirement that, upon execution, renewal, or extension of a contract
between a nongovernmental entity and a governmental entity, the nongovernmental entity must
attest to the absence of coercion in labor or services.
2. I am an officer or representative of , a nongovernmental entity.
3.does not use coercion for labor or services as defined in the relevant
section of the law.
In the presence of: Under penalties of perjury, I declare that I
have read the foregoing and the facts
stated in it are true:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
OATH OR AFFIRMATION
State of Florida
County of
Sworn to (or affirmed) and subscribed 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
17
Page 12 of 15
AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH
ENTITIES OF FOREIGN COUNTRIES OF CONCERN
Pursuant to Section 287.138, Florida Statutes (which is expressly incorporated herein by
reference), a governmental entity may not knowingly enter into a contract with an entity which
would give access to an individual’s personal identifying information if (a) the entity is owned by
ethe government of a foreign country of concern; (b) the government of a foreign country of
concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or
has its principal place of business in a foreign country of concern.
This affidavit must be completed by an officer or representative of an entity submitting a bid,
proposal, or reply to, or entering into, renewing, or extending, a contract with a governmental
entity which would grant the entity access to an individual’s personal identifying information.
1.(“entity”) does not meet any
of the criteria in paragraphs (2)(a)-(c) of Section 287.138, F.S.
In the presence of: Under penalties of perjury, I declare that I
have read the foregoing and the facts
stated in it are true:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
OATH OR AFFIRMATION
State of Florida
County of
Sworn to (or affirmed) and subscribed 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
18
Page 13 of 15
IN WITNESS WHEREOF, the parties hereto have caused this Agreement 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)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
19
EXHIBIT “A”
SCOPE OF SERVICES
Page 14 of 15
20
EXHIBIT “B”
CONTRACTOR’S BID
Page 15 of 15
21
Exhibit A
Clusia Hedge Project
Invitation to Bid No. PR2024-10 7.16.24
Tropic Landscaping & Lawn Maintenance, Inc.
22
23
FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS
l hereby propose to furnish the goods and services specified in the Invitation to Bid, 1TB No. PR2024 -
I O, "CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK"
I agree that my Bid will remain firm for a period of 180 days after opened by the City in order to allow
the City adequate time to evaluate the Bid.
I certify that all information contained in this Bid is truthful to the best of my knowledge and belief.
further certify that I am duly authorized to submit this Bid on behalf of the Firm named as the Proposing
Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement.
I further certify, under oath, that this Bid is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a Bid; no officer, employee
or agent of the City of South Miami or any other Bidder has an interest in said Bid. Furthermore, I certify
that the undersigned executed this Bid Form with full knowledge and understanding of matters therein
contained and was duly authorized.
I further certify that the Bidder acknowledges receipt of all Addenda issued by the City in connection with
the 1TB (Check the box next to each addendum received).
✓ Addendum I Addendum 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 I.
Form 2A.
Form 2B.
Form 3.
Form 4.
Form 5.
Form 6.
Form 7.
Form 8.
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
Reference List
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FORM I
BID FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED)
SIGNATURE OF BID DER
Jj .14v ,D r} 4 AJ-r'A~A -;J,C&~9 /I){:~ '(
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
I 7 '7 7 3 Sx{ Zf.{¥ ,t .fr
~ Z'fS:-'{t!:l'/~-------
TELEPHONE NUMBER
State of Florip,!
County of Miami Dade
The foregoing instrument was acknowledged before me by means of_ physical presence or _.Xonline
notarization, this _.!i_ day of July , 20-1!., by David Santana
(name of person) as President (type of authority) for Tropic Landscaping &
___ (name of party on behalf of whom instrument is executed). Lawn Maintenance
l),W[) ~ SIERRA
MY COMMISSIOtiiHH453932
EXP!RfS;f«ruary12.,2028
-~X_Personally known to me; or
N otary ti'u ol ic (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: ______________ )
~ __ Did take an oath; or
___ Did not take an oath
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Project Name:
ITBNO.
Date:
Sent:
THE CITY {)F PLE,\SANT I IVING
ADDENDUM No. I
CLUSIA HEDGE PROJECT AT SOUTH MIAMI
PARK
PR2024-10
June 27 , 2024
Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified
herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the
bidder to secure Addendums that may be issued for a specific solicitation.
THE PURPOSE OF ADDENDUM No. I IS TO CORRECT THE "ISSUE DATE"
OF THIS SOLICITATION.
THE SOLICITATION WAS ISSUED ON: JUNE 24, 2024
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION
26
(if Company or Corporation)
CERTIFICATE -
STATE OF rilJtf.,//);4-
COUNTY OF 7)'11)/t
FORM 2A
BIDDER'S CERTIFICATION
)
) ss
)
HEREBY CERTIFY that a meeting of the Board of Directors of
t,tb~IJ/rvl); Hdrnk/l4/VC~
a corporation or company existing under the laws of the State of O .12 I D 4 ,
held on f t.t I 'f I O , 29)-!. the following resolution was duly passed and adopted:
Ml
RESOLVED, that, as /J/l.1l.Gt/,VUl 'l of the Corporation/Company, be and is hereby authorized to
execute the Bid dated, 7 /; 41 , 2024 to the City of South Miami for 1TB No. PR2024-10
"CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK" 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
corporation/company on this the /5 of -:ru/7 , 2024.
o f
(SEAL)
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27
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: ~~ i'°b .S~n-,..AI-Jfl
For (Name of Proposing or Bidding Entity):\@Pi~ LArJ~~APt.p.JCJ J. LAwu vAa.1 n ler~:uvci!!
Whose business address is: ;-7q73 5 .W. Z.48 srr.~r l~VIYl~T-€Ab . FL ~-303/
And (ifapplicable) its Federal Employer Identification Number (FEIN) is: '5-0.3 I Sc/ I 0
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#:. ________________ ___,_
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. IO 1-336, I 04 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title 11, Public
Services; Title 111, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section
553.501-553.513, Florida Statutes :
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601-363 I .
Bidder Initials
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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.l33(1)(b), Florida Statutes,
means a finding of gu ilt or a conviction of a public entity crime, with or without an adjudication of gu ilt, in
any federal or state trial court of record relating to charges brought by indictment or information after
July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133( I )(a), Florida Statutes, means:
I . A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, o r which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
✓Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July I , 1989.
0 The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged w ith and convict ed of a public entity crime subsequent to July
!, 1989.
0 The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
26 of77
29
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 I 12, 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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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.
:st?
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 Secto r 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
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31
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.)
✓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.
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2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of
1TB No. PR2024-10 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
30 of 77
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In the presence of:
~.;~J?iar,~
Witness #2 Print Name: Amelia Pestana
Signed_, __ seale4 and delivered by·
~\
Print Name:--""""'"-'-".,,,,..~~=----
Title: President
ACKNOWLEDGMENT
State of Florida
County of Miami Dade
The foregoing instrument was acknowledged before me by means of_ physical presence or _Xonline
notarization, this~ day of July . 20_11 by David Santana
(name of person) as President (type of authority) for Tropic Landscaping &
___ (name of party on behalf of whom instrument is executed). Lawn Maintenance
DAVDA.S IERRA
MY COMMISSION# HH j53932
EXPIRES: februaly 12, 2028
X Personally known to me; or
Notary' Public (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: _______________ _,
___ Did take an oath; or
___ Did not take an oath
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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 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 _N_O __
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 _rJ_() __
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 Miami Dade
The foregoing instrument was acknowledged before me by means of D _phy~ical presence or [Xonline
notarization, this ___!i day of July , 20_M-, by David Santana
(name of person) as President (type of authority) for Tropic Landscaping &
___ (name of party on behalf of whom instrument is executed). LAwn Maintenance
DA\11D A. SIERRA
MY COMMISSION ti HH 453932
EXPIRES: Februa,y 12: 2028
__ X_Personally known to me; or
No i,y'P~blic (Print, Stamp, or Type as
Commissioned)
___ Produced identification (Type of Identification: ____________ _,
___ Diel take an oath; or
___ Did not take an oath
32 of 77
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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 19160-19211 ). Copies of the regulations are available from local offices of the U.S. Small
Business Administration.
(I)
(2)
Entity Name:
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 w ithin a three-year period preceding this application been convicted of or
had a civil judgment rendered aga inst 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 parag r aph ( 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.
Where the prospective primary participant is unable to certify to any of the statements
in this certification, such pr ospective primary participant shall attach an explanation to this
Statement of Qualifications.
Date: _...,..~-"-..... ij-· _/ ~'/_•-_~_,?._z_c/_· _ By: __ ~~-~~----
Si
Name and Title of Authorized Representative
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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".
·-reo p,e_, v~IJ D~I.J.P J.J& ft-LAlLI\J tvla (l')let11t:tNCe
Firm Name
Principal Business Address
305 . ZL{ 5 · Lf I '{'{
Telephone Number Facsimile Number
:O<-op 1C!. LSN <Q.gma.; l, L&n
Email Address
Federal 1.0. No. or Social Security Number
--,_ I 002 \
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? ¾'fe1445
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 'oate\Filed
Please identify the Firm's category with the Florida Department of Business Professional Regulation
(DBPR), DBPR license number, and date licensed by DBPR:
~(A
j
Category License No. Date Licensed
Please indicate the type of entity form of the Firm (if other, please describe):
□ Individual □ Partnership fl Corporation □ LLC □ LLP □ Other _________ _
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Please identify the Firm's primary business:
~40tv f;il.
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 Name of Entity Issuing License No. License Issuance Date
T yp 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
T ype License or Certification
Please identify all individuals authorized to sign for the entity, thei r t itle, and the thr eshold/level o f thei r
si nin authori :
Authorized Signor's Name Title Signing Authority Threshold
All, Cost u 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 ployees by trade (e.i., 20 electricians, 5 laborers, etc.):
Total No. of Em ployees I B
Total No. of Managerial/Administrative
4 Em p loyees
Total No. of Trades Em ployees by Trade
,
INSURANCE INFORMATION
Please provide the following information about the Firm's insurance company:
Insurance Carrier Name Insurance Carrier Contact Person
\ Insurance Carrier Address Telephone No. Email
Has the Firm filed any insurance claims in the last five (5) years? ~o □ Yes If yes , please identify the
type of claim and the amount paid out under the claim: ________ _
FI RM OWNERSHIP
Please identify all Firm owners or partners, their title, and per cent of ownership:
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38
Owner/Partner Name
Please identify whether any of the owners/partners identified above are owners/partners in another entity:
o No ftYes 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
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: ---1-:.....:....=-.,c_:....,::::.__-"=='-"-"~~'.c..L,f.-!...!.~'-----,,L....,~-'=-:......<.::!"'-""':..............:~--"-d".-r/J--=-~-~-~-,-t-,_c;;_'t!?_. __ ~=.::..........< __
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36 of77
Date:
Title:
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ITEM
NO.
I
2
3
4
5
6
FORM7
BID FORM/SCHEDULE OF VALUES
1TB No. PR2024-10
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
UNIT
DESCRIPTION QTY UNIT PRICE
MAT.&
LABOR
Mobilization I LS $ 2,500.00
Removal of vines and overgrown vegetation
along perimeter fence line, ground cover, small
trees (i.e. Hong Kong Orchid Trees on northwest
I LS $ $3,000.00
corner) and debris surrounding perimeter to
leave a 4' ft. clearance from existing perimeter
fence line. Refer to photos in work sco pe.
Debris hauling and disposal I LS $ 1,800.00
General Landscape / Shrubs
Supply, delivery and install Clusia: 15 gal, 4-5'
Overall Height, 3-4' SPRD, Spacing to be 5' from 515 EA $ 65.00
center
Supply, delivery and install Brown Mulch at 3" 100 YD $ 30 .00 depth
Supply, delivery and install 15 yards of soil (fill
I EA $ 540 .00
areas where needed / as directed)
AMOUNT
$ 2,500.00
$ $3,000.00
$ 1,800.00
$ 33,475 .00
$ 3,000 .00
$ 540.00
Lump Total Sum $ 44,315 .00
Note:
Bid prices stated in the proposal include all costs and expenses for labor. equipment. materials.
contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project
will be based upon completion of the entire project as a unit price contract. Contractor is
responsible for all repairs, including complete restoration work to disturbed elements and surface
areas due to construction activities and disposal of all debris and materials off-site. It's recommended
that Contractors visit the work site.
37 of77
40
SUBMITTED THIS -~Lt?~--DAY OF
to Submit Bid
Title
38 of 77
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306: 2~5': 111'Y
Telephone Number
Fax Number
·77f oeteL$AI Lh1 //i I) t2 9,,1~1 // co/?/
Email Address -
41
FORMS
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM ,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #1
Public 811:ity Nc111e: City of South Miami
Reference Contcd Fers:.m/Title/Depa-tment : _________________ _
Armando Munoz -Park Superintendent
Conta:t Number & Bnail AMunoz@sothmaimifl.gov (786) 482-5800
Public 811:ity Sze/Number of Residents'S::iuare Milecga: Population 12,026 as of 2020 census
Event(s) Completed (indude Nc111e of A'"oject/Event, Dae of Event S:a-t/Completion, Details on
Sze/9:ope of Work/Complexity) ____________________ _
Landscaping and tree removals at various parks
Is the Contra::t still Active?Yes ___ No _X __ _
39 of77
42
REFERENCE #2
A.Jblic Entity Nane: City of Miami Beach -Brittany Bay Park
Reference Conta:t Feroon/Title/Depa-tment: Kelya Rodriguez I Project Manager
Office of Capital Improvement Projects
Conta:t Number & Bnal (305) 673-7071 I KelyaRodriguez@miamibeachfl.gocv
A.Jblic Entity Sze/Number of Residents~ua-e Milecga: 82.89K 2020 census - 7 sq miles
8Jent(s) Completed (indude Nane of A"oject/8Jent, Dae of 8Jent S:a-t/Completion, Detals on
Sze/8:ope of Work/Complexity) Landscaping & Irrigation work at the park.
lstheContra:t !:till Active?Yes ___ No _X __ _
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43
REFERENCE #3
Public Entity Name: City of Miami -5700 Biscayn Blvd. Project
Reference Contact Person/Title/Department: ___________________ _
Roly Reyes -Civic Construction
Contact Number & Email _________________________ _
roly. reyes@civicconstruction .com
Public Entity Size/N umber of Residents/Square Mileage: ________________ _
population b/w 435,919 & 6,264,792 in 2023 -1,244.18 square miles
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion , Detai ls on
Size/Scope of Work/Complexity) _______________________ _
Installed landscaping material and a irrigation syst em
Is the Contract still A ctive? Yes ___ N o _X __ _
END OF SECTION 4
41 of77
CITY OF SOUTH MIAMI
INVITATION TO BID (ITB) No. PR2024-10
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
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 Ha1l
6130 Sunset Drive
South Miami, Florida 33143
ISSUE DATE: July 24, 2024
BID CLOSING DATE: July 16, 2024
BID CLOSING TIME: 10:00 A.M.
BID OPENING TIME: 10:30 A.M.
1 of 77 44
PUBLIC NOTICE
INVITATION TO BID (ITB) No. PR2024-10
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting bids for the CLUSIA
HEDGE PROJECT AT SOUTH MIAMI PARK, located at 4300 SW 58th Avenue, South
Miami, 33143. Interested companies, firms, and individuals (“Bidders”) may obtain a copy of Invitation
to Bid No. PR2024-10 (the “ITB”) to be issued on June 24, 2024, 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. PR2024-10 for the CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK. Bids must be
received by the City by no later than July 16, 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-proposal 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: July 24, 2024
2 of 77 45
TABLE OF CONTENTS
Section Page
Section 1: Information for Bidders 4
Section 2: Terms and Conditions 12
Section 3. Scope of Work 18
Section 4: Bid Submission Requirements and Evaluation &
Forms and Attachments
20
Section 4: Bid Form – Form 7 37
Section 4: References – Form 8 39
3 of 77 46
SECTION 1.
INFORMATION FOR BIDDERS
1.1. INTRODUCTION/GENERAL BACKGROUND.
The City of South Miami, Florida (the “City”) is soliciting bids for the “CLUSIA HEDGE PROJECT
AT SOUTH MIAMI PARK” (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 June 24, 2024 3:00 PM
2
Non-Mandatory / Mandatory Pre-Bid Conference
and Site Visit
NONE
SCHEDULED
3 Deadline to Submit Questions / Requests for
Clarification July 5, 2024 10:00 AM
4 City Issues Addenda and Responds to Questions July 10, 2024 10:00 AM
5
Deadline to Submit Sealed Bids – Submission
Deadline via DemandStar - On-Line E-Bid at
https://network.demandstar.com/
July 16, 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.
July 16, 2024 10:30 AM
7 City Manager issues recommendation to City Commission August 6, 2024 7:00 PM
8 Award Bid(s) and Agreement(s) at City Commission
Meeting August 6, 2024 7:00 PM
4 of 77 47
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 July 16,
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 July 5, 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. PR2024-10, “CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK”
and addressed to:
5 of 77 48
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
6 of 77 49
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
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. Note: Complete Form 6 “Bidders Qualification Survey” in
the solicitation. 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 77 50
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 77 51
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;
9 of 77 52
(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:
10 of 77 53
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
11 of 77 54
SECTION 2.
TERMS AND CONDITIONS
2.1. PURPOSE OF BID.
The City requests Bids from qualified firms for the “CLUSIA HEDGE PROJECT AT SOUTH MIAMI
PARK” Project (the “Project”). The Work to be performed includes, but is not limited to, services
related to the Clusia Hedge Project 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 conforms
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.
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
“CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK”
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 per
specifications and the contract documents. The Work is to be performed in accordance with the
specifications and the contract documents (as defined in the Instructions for Respondents) that are
provided to the Contractor by the City 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. This
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); 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 of South Miami. Permit fees charged by
other government entities, if required, are the responsibility of the Respondent/Contractor; however, in
all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be
required for this project.
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 of South Miami is requesting proposals from qualified bidders for the supply and installation of
Clusia plants along the north, west, and south perimeter line of the park at South Miami Park, located
at 4300 SW 58 Avenue, as outlined in the Before & After Boundary Layout in RED. Clusia plants
must be supplied by a reputable nursery, ensuring they meet specified quality standards.
The project encompasses removal of vines and overgrown vegetation along perimeter fence line, ground
cover, small trees (i.e. Hong Kong Orchid Trees on northwest corner) and debris surrounding perimeter to
leave a 4' ft. clearance from existing perimeter fence. Additional project details entail precise placement
and planting of Clusia along designated area, followed by mulching.
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The awarded firm will lead a comprehensive and complete process for planting, including but not limited
to furnishing all labor, materials, equipment, debris hauling and disposal to complete the work.
Respondents are required to follow all federal, state and local codes as well as all rule compliance and
guidelines with Americans with Disabilities Act (ADA).
3.3. SITE LOCATION.
The Project will be held at South Miami Park, 4300 SW 58th Avenue, South Miami, FL, 33143.
3.4. DESIGN PLANS & SPECIFICATIONS.
Refer to Attachment C “Boundary Survey with Elevations and Before & After Boundary
Layout” showing RED markings for planting purposes
3.5. PROJECT DURATION.
All work must be completed within thirty (30) calendar working days from the issuance of a purchase
order and notice to proceed.
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.
A BID BOND, PERFORMANCE AND PAYMENT BONDS ARE NOT REQUIRED FOR
THIS PROJECT.
END OF SECTION 3
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SECTION 4.
BID FORM PACKAGE
As provided in the ITB, the following items must be attached to this Bid:
FORMS STATUS
Form 1 – Bid Form Package Acknowledgement √
Form 2A. Bidder’s Certification (if Company or Corporation) √
Form 2B. Bidder’s Certification (if Partnership) √
Form 3. Single Execution Affidavits √
Form 4. Dispute Disclosure √
Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters
Primary Covered Transactions
√
Form 6. Bidder’s Qualifications Survey √
Form 7. Bid Form/Schedule of Values √
Form 8. Reference List √
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 Professional Services Contract
Attachment B: Declaration /Affidavit of Representation
Attachment C: Boundary Survey With Elevations Before and After
Boundary Layout
Attachment D: American Rescue Plan Act (ARPA) Addendum
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FORM 1
BID FORM PACKAGE ACKNOWLEDGEMENTS
I hereby propose to furnish the goods and services specified in the Invitation to Bid, ITB No. PR2024-
10, “CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK”
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
21 of 77 64
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
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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, __________, 2024 to the City of South Miami for ITB No. PR2024-10
“CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK” 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 ___________, 2024.
_______________________
Secretary
(SEAL)
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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
____________________, 2024, the following resolution was duly passed and adopted:
“RESOLVED, that _____________________________________________,
as_____________________________________________________________of the Partnership,
be and is hereby authorized to execute the Bid dated ______________, 2024, to the City of South Miami
for ITB No. PR2024-10 “CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK” 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 ________, 2024.
_______________________
Secretary
(SEAL)
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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
25 of 77 68
Public Entity Crimes Affidavit
I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm’s length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term “person” includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE WHICH STATEMENT APPLIES.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida
, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that
26 of 77 69
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;
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2. The Bid/Bid is genuine and is not a collusive or sham Bid/Bid; and
3. Neither the Bidder/Bidder nor any of its officers, partners, owners, 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
28 of 77 71
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. PR2024-10 and any addendum/addenda related thereto.
3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the City Commission or City Manager, as applicable.
4. Contractor warrants that all information provided by it in connection with this Bid is true and
accurate.
Bidder Initials
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE FOLLOWS.]
30 of 77 73
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
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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
32 of 77 75
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
33 of 77 76
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
34 of 77 77
Please identify the Firm’s primary business:
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:
35 of 77 78
Owner/Partner Name Title Ownership (%)
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:
36 of 77 79
FORM 7
BID FORM/SCHEDULE OF VALUES
ITB No. PR2024-10
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
ITEM
NO. DESCRIPTION QTY UNIT
UNIT
PRICE
MAT. &
LABOR
AMOUNT
1 Mobilization 1 LS $ $
2
Removal of vines and overgrown vegetation
along perimeter fence line, ground cover, small
trees (i.e. Hong Kong Orchid Trees on northwest
corner) and debris surrounding perimeter to
leave a 4' ft. clearance from existing perimeter
fence line. Refer to photos in work scope.
1 LS $ $
3 Debris hauling and disposal 1 LS $ $
General Landscape / Shrubs
4
Supply, delivery and install Clusia: 15 gal, 4-5'
Overall Height, 3-4' SPRD, Spacing to be 5' from
center
515 EA $ $
5 Supply, delivery and install Brown Mulch at 3"
depth 100 YD $ $
6 Supply, delivery and install 15 yards of soil (fill
areas where needed / as directed) 1 EA $ $
Lump Total Sum $
Note:
Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials,
contractor's overhead, profit, bond and insurance, and general conditions. Payment for this project
will be based upon completion of the entire project as a unit price contract. Contractor is
responsible for all repairs, including complete restoration work to disturbed elements and surface
areas due to construction activities and disposal of all debris and materials off-site. It's recommended
that Contractors visit the work site.
37 of 77 80
SUBMITTED THIS DAY OF 20____.
BID SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Bid Fax Number
Signature Email Address
Title
38 of 77 81
FORM 8
REFERENCE LIST
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
BIDDER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS.
REFERENCE #1
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
39 of 77 82
REFERENCE #2
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
40 of 77 83
REFERENCE #3
Public Entity Name:
Reference Contact Person/Title/Department:
Contact Number & Email
Public Entity Size/Number of Residents/Square Mileage:
Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on
Size/Scope of Work/Complexity)
Is the Contract still Active? Yes No
END OF SECTION 4
41 of 77 84
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
{NAME OF ENITY}
THIS AGREEMENT (this “Agreement”) is made effective as of the __________, 2024 (the
“Effective Date”), by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
(hereinafter the “City”), and {NAME OF ENTITY} a Florida Consultant, (hereinafter, the
“Contractor”).
WHEREAS, the City requires landscaping services for the City’s Clusia Hedge Project and
WHEREAS, the Contractor will perform services on behalf of the City, all as further set forth
in the Proposal dated __________,2024 attached hereto as Exhibit “A” (the “Services”); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a fee for
the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit “A”
and incorporated herein by reference (the “Services”).
1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the City.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through One (1) Year, unless
earlier terminated in accordance with Paragraph 8.
2.2. Contractor agrees that time is of the essence and Consultant shall complete the Services within
the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Price Proposal
attached hereto as Exhibit “B.” Consultant shall be compensated a flat rate lump sum fee in the
amount of $__________.
42 of 77 85
3.2. Consultant shall deliver an invoice to City detailing the Services completed and the amount due to
Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant’s
invoice, which shall be based upon the percentage of work completed for each task invoiced. The
City shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval
and acceptance of the Services by the City Manager.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain
responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant 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.
5. City’s Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and representatives, and
other data pertinent to the Services and in possession of the City, and provide criteria requested
by Consultant to assist Consultant in performing the Services.
5.2. Upon Consultant’s request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of
the Services as is ordinarily provided by a consultant under similar circumstances. If at any time
during the term of this Agreement or within two (2) years from the completion of this
Agreement, it is determined that the Consultant’s Deliverables or Services are incorrect, not
properly rendered, defective, or fail to conform to City requests, the Consultant shall at
Consultant’s sole expense, immediately correct its Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement
it shall maintain in good standing all required licenses, certifications and permits required under
Federal, State and local laws applicable to and necessary to perform the Services for City as an
independent contractor of the City. Consultant further warrants and represents that it has the
required knowledge, expertise, and experience to perform the Services and carry out its
obligations under this Agreement in a professional and first class manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the laws
of Florida. The execution, delivery and performance of this Agreement by Consultant have been
duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant
in accordance with its terms. No consent of any other person or entity to such execution,
delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of
this Agreement, provide any consulting services to any private sector entities (developers,
43 of 77 86
corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in
the City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar days
written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop work
on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted by the
City Manager up to the date of termination, provided that the Consultant has first complied with
the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and
data pertaining to the Services and the project to the City, in a hard copy and electronic format
within fourteen (14) days from the date of the written notice of termination or the date of
expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement 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 Consultant’s
insurance and shall not contribute to the Consultant’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.
9.1.1. 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
Consultant. The General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000 each.
9.1.2. 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 Consultant shall be allowed to provide Services pursuant to
this Agreement who is not covered by Worker’s Compensation insurance.
9.1.3. 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 Service Office, and must include
Owned, Hired, and Non-Owned Vehicles.
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9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the
City as an Additional Insured (except with respect to Professional Liability Insurance and
Worker’s Compensation Insurance), no later than ten (10) days after award of this Agreement
and prior to the execution of this Agreement by City and prior to commencing Services. 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 Consultant
shall be responsible for assuring that the insurance certificates required by this Section remain in
full force and effect for the duration of this Agreement, 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 Agreement and shall state that such
insurance is as required by this Agreement. 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 Services, 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.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the City is to be specifically included as an Additional Insured for the
liability of the City resulting from Services performed by or on behalf of the Consultant in
performance of this Agreement. The Consultant’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 Consultant’s insurance. The Consultant’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.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably
approved by the City. The Consultant shall be responsible for the payment of any deductible or
self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against
any of its employees or applicants for employment because of their race, color, religion, sex, or
national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover its attorneys’ fees and costs, including the fees and expenses of any paralegals,
law clerks and legal assistants, and including fees and expenses charged for representation at both
the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH
PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY
WAIVES ITS RIGHT TO TRIAL BY JURY.
45 of 77 88
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and employees,
from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment
or damages, arising from Consultant’s performance or non-performance of any provision of this
Agreement, including, but not limited to, liabilities arising from contracts between the Consultant
and third parties made pursuant to this Agreement. Consultant shall reimburse the City for all
its expenses including reasonable attorneys’ fees and costs incurred in and about the defense of
any such claim or investigation and for any judgment or damages arising from Consultant’s
performance or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor
shall anything included herein be construed as consent to be sued by third parties in any matter
arising out of this Agreement or any other contract. The City is subject to section 768.28, Florida
Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement 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 Agreement or
such other address as the party may have designated by proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed
by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be
proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral
or written representations. No representations were made or relied upon by either party, other
than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this document.
16. Ownership and Access to Records and Audits.
16.1. Consultant 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 Consultant during the term of this Agreement (“Services
Product”) belong to the City. Consultant shall promptly disclose such Services Product to the
City and perform all actions reasonably requested by the City (whether during or after the term
of this Agreement) to establish and confirm such ownership (including, without limitation,
assignments, powers of attorney and other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant’s possession or
control in connection with Consultant’s performance under this Agreement. The City Manager
or her designee shall, during the term of this Agreement and for a period of three (3) years from
46 of 77 89
the date of termination of this Agreement, have access to and the right to examine and audit any
records of the Consultant involving transactions related to this Agreement. Consultant
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes.
Consultant shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized by law, for the
duration of the Agreement, and following completion of the Agreement until the records are
transferred to the City.
16.3. Upon request from the City’s custodian of public records, Consultant 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.
16.4. Unless otherwise provided by law, any and all records, including but not limited to reports,
surveys, and other data and documents provided or created in connection with this Agreement
are and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event of termination by either party, any
and all public records relating to the Agreement in the possession of the Consultant shall be
delivered by the Consultant to the City Manager, at no cost to the City, wit hin seven (7) days.
All such records stored electronically by Consultant shall be delivered to the City in a format
that is compatible with the City’s information technology systems. Once the public records have
been delivered upon completion or termination of this Agreement, the Consultant shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received as
provided herein.
16.7. Consultant’s failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, 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
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is
first approved by the City Manager. The City is relying upon the apparent qualifications and expertise
of the Consultant, and such firm’s familiarity with the City’s area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining
47 of 77 90
term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted
by law.
19. Independent Consultant. The Consultant and its employees, volunteers and agents shall be and
remain an independent contractor and not an agent or employee of the City with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement shall not in
any way be construed to create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties.
20. Compliance with Laws. The Consultant 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.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement shall not be
construed as a waiver of the violation or breach, or of any future violation, breach or wrongful
conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond
the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full
force and effect unless and until the terms or conditions are completed and shall be fully enforceable
by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for the Consultant, to solicit
or secure this Agreement, and that it has not paid or agreed to pay any person(s), company,
corporation, individual or firm, other than a bona fide employee working solely for the Consultant,
any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from
the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes
(Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference,
including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. 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 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
Consultant 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
48 of 77 91
obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached
hereto and incorporated herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
49 of 77 92
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
50 of 77 93
IN WITNESS WHEREOF, the parties hereto have caused this Agreement 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)
CONSULTANT
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
51 of 77 94
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 staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For
the purpose of this subsection only, the listed members of the presentation team, with the exception of
any person otherwise required to register as a lobbyist, must 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 paragraph 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 '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 in connection with Invitation to Bid (ITB) No. .
Please note; No person may appear before any committee on behalf of anyone unless he or
she has been listed as part of the firm's presentation team pursuant to this paragraph or
unless he or she is registered with the Clerk's office as a lobbyist and has paid all appli cable
lobbyist registration fees.
NAME TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
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.
STATE OF FLORIDA )
) ss:
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization this day of , 20 , by
, on behalf of . She/He is
personally known to me or has produced as
identification.
Notary Public
Print Name
52 of 77 95
NOTICE TO PROCEED
Dated: , 20
To: `
Project Name: “CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK”
You are hereby notified that the Contract Times under the above Contract will commence to run on
___________, 2024. 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 , 2024 and
__________________, 2024, ____/____ 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:
53 of 77 96
ATTACHMENT C
BOUNDARY SURVEY WITH ELEVATIONS BEFORE AND AFTER
BOUNDARY LAYOUT
54 of 77 97
BEFORE PLANTING AFTER PLANTING
55 of 77 98
BEFORE PLANTING AFTER PLANTING
56 of 77 99
SW 44TH TESW 46TH STSW 45TH STSW 59TH AV
SW 45TH STSW 45TH TESW 42ND TESW 41ST STSW 42ND ST SW 59TH AVSW 42ND STSW 44TH STSW 44TH TESW 62ND AV
SW 61ST AV
SW 60TH PL
SW 58TH AV
SW 58TH CT
SW 59TH AV
SW 60TH AV
SW 60TH CT
SW 60TH PL
SW 61ST AV
SW 57TH AV
SW 58TH AV
SW 60TH CT
SW 62ND AV
SW 57TH AV
SW 58TH AV SUBJECT SITESW 40TH ST(NOT TO SCALE)LOCATION MAPLEGAL DESCRIPTION:The South One-Half (S. 12), of the Southwest One-Quarter (S.W. 14), of the NortheastOne-Quarter (N.E. 1/4), of the Northeast One-Quarter (N.E. 14), of Section 24, Township 54South, range 40 East, Miami-Dade County, Florida, LESS the East 25.00 feet thereof.TOGETHER WITHThe South One-Half (s. 12 ), of the Southeast One-Quarter (S.E. 14), of the NorthwestOne-Quarter (N.W. 14), of the Northeast One-Quarter (N.E. 14), of Section 24, Township 54South, range 40 East, Miami-Dade County, Florida.SURVEYOR'S NOTES:DATE OF FIELD SURVEY:The date of completion of the original field Survey was on Feburary 18, 2022.Containing 454,325.8 sq. ft. and/or 1.04 acres, more or less, by calculations.Folio: 09-4024-000-0620 - Property Appraisser.ADDRESS: 4300 SW 58 AVE, South Miami, FL 33155ACCURACY:The accuracy obtained for all horizontal control measurements and office calculations ofclosed geometric figures, meets or exceeds the Standards of Practice as set forth by theFlorida Board of Professional Surveyors and Mappers as contained in Chapter 5J-17.051,FAC.The elevations as shown are based on a closed level between the two benchmark notedabove, and meets or exceeds the Standards of Practice as set forth by the Florida Boardof Professional Surveyors and Mappers as contained in Chapter 5J-17.051, FAC.The Vertical Accuracy obtained on this Boundary Survey exceed the calculated value ofa closure in feet of plus or minus 0.05 feet times the square root of the distance in miles acommonly value accepted in the construction and surveying industry.This Map of Survey is intended to be displayed at a scale of One inch equals Twenty feetor smaller.Project Address:
Project Name:Project No.:Drawing Date:Managed By:Scale:Drawn By:Checked By:B O U N D A R Y S U R V E Y4360 SW 58 AVENUE. SOUTH MIAMI FL, 33155
SOUTH MIAMI PARK
FEB. 25, 2022DFAS SHOWNJADF19211.1.01No.: Date:Description
RECORD OF REVISION
LONGITUDESURVEYORSWWW.LONGITUDESURVEYORS.COM7769 NW 48th STREETSUITE 375DORAL, FLORIDA33166PH: (305) 463-0912FAX: (305) 513-5680FLORIDA CERTIFICATEOF AUTHORIZATIONLB 7335By:Sheet 1 of 4For Vertical Control:All elevations shown hereon are based on the National Geodetic Vertical Datum of 1929(N.G.V.D. 29) and a Benchmark supplied by the Public Works and Waste ManagementDepartment of Miami County, Florida.Benchmark: P-715 Elevation: + 12.44' (N.G.V.D. 29)Located SW 40 ST --- 75'' NORTH OF CENTERLINESW 62 AVE --- 27' WEST OF CENTERLINEBenchmark: P-5005Elevation: +12.84' (N.G.V.D. 29)LocatedSW 48 ST --- 35' NORTH OF CENTERLINESW 62 AVE --- 135' WEST OF CENTERLINEFor Horizontal Control:Bearing and coordinates (Northing and Easting) are relative to the Florida State PlaneCoordinate System, Florida East Zone 0901, North American Datum (NAD) 1983 adjustment of2011 (NAD83/2011)-Epoch 2010.0000; with a bearing of S02°20'12"E being established for theCenterline of SW 57 Avenue, said line to be considered a well established and monumentedline.Global Positioning System (G.P.S.). measurements were conducted in the field to acquire saidcoordinate values which are based on the following Horizontal Control Station:Name: District 6 Code: FLD6Geographic CoordinatesLatitude: 25° 46' 49.67350" NLongitude: 80° 22' 35.34867" WState Plane Coordinates:Northing: 526386.05 US FeetEasthing: 861341.74 US FeetReceiver Type: Leica GR10Satellite System: GPS and GLONASSRESTRICTIONS:Since no other information were furnished other than that is cited under data sources , theClient is hereby advised that there may be legal restrictions on the Subject Property thatare not shown on the Survey Map that may be found in the Public Records of Miami-DadeCounty.The Surveyor makes no representation as to ownership or possession of the SubjectProperty by any entity or individual that may appear on the Public Records of this County.No excavation or determination was made as to how the Subject Property is served byutilities.No improvements were located, other than those shown. No underground foundations,improvements and/or utilities were located or shown hereon.PURPOSE OF SURVEY:The purpose of this survey is for design.CLIENT INFORMATION:This Topographic Survey was prepared at the insistence of and certified to:STANTECSURVEYOR'S CERTIFICATE:I hereby certify: That this "Boundary Survey" and the Survey Map resulting therefrom wasperformed under my direction and is true and correct to the best of my knowledge and beliefand further, that said "Boundary Survey" meets the intent of the applicable provisions of theStandards of Practice for Land Surveying in the State of Florida, pursuant to Rule 5J-17.051through 5J-17.052 of the Florida Administrative Code and its implementing law, Chapter 472.027of the Florida Statutes.LONGITUDE SURVEYORS LLC., a Florida Limited Liability CompanyFlorida Certificate of Authorization Number LB7335This item has been digitally signed by: ___________________________________________________________ Eduardo M. Suarez, PSM Professional Surveyor and Mapper LS6313 State of FloridaNOTICE: Printed copies of this document are not considered signed and sealed and thesignature must be verified on the electronic copies. The above named Professional Surveyor &Mapper shall be responsible for the following sheets in accordance with Rule 5J -17, F.A.C.DATA SOURCES USED FOR SURVEY:This project area appears to be located in Flood Zone "AE", with a Base Flood Elevation being11 feet, as per Federal Emergency Management Agency (FEMA) Community-Panel Number120658 (City of South Miami), Map No. 0456, Suffix L, Map Revised Date: September 11, 2009.SECTION 24 - TOWNSHIP 54 SOUTH - RANGE 40 EASTLYING AND BEING IN THE SOUTH MIAMI, FLORIDATHE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 5J-17.062, F.A.C.Name: Richmond HeightsCode: RMNDGeographic CoordinatesLatitude: 25° 36' 49.58944" NLongitude: 80° 23' 02.14069" WState Plane Coordinates:Northing: 465790.44 US FeetEasthing: 859175.20 US FeetReceiver Type: Leica GR30Satellite System: GPS and GLONASS57 of 77100
OHEOHEOHEOHEOHEOHEOHEOHEOHE40'STORAGECONTAINERCONC.GRASS FIELDGRASSGRASS5' HIGHC.L.F.6' HIGHW.F.6' HIGHW.F.TRACT -3-BLOT 7TRACT -3-CLOT 9TRACT -3-D ALTA-TERRAP.B.35 PG. 26BLOCK 5GOLFERS HAVENP.B.45 PG. 21LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6GOLFERS HAVENP.B .45 PG. 21BLOCK 4LOT 7LOT 6LOT 5LOT 4LOT 3LOT 2LOT 1RIVIERA ESTATESP.B.47 PG. 50BLOCK 12LOT 5N02°18'57"W 342.39' (C)S87°19'51"W 1,326.51'(C)25.0'25.0'R/WR/W
NORTH LINE OF THES1/2, SE 1/4, NW 1/4, NE 1/4SEC. 24-54-40SOUTH LINE OF THES1/2, SE 1/4, NW 1/4, NE 1/4SEC. 24-54-40WEST LINE OF THE SE1/4, NW 1/4, NE 1/4SEC. 24-54-40 SW 60th COURTCL
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/OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEISET 58' Ø IRON PIPE(LB 7335)SET 58' Ø IRON PIPE(LB 7335)N87°19'11"E 1,326.39' (C)S02°19'35"E(C)50' PUBLICRIGHT-OF-WAY//////////////////OHE OHE OHE OHE OHE OHE SSSELECTRICPANEL ONCONC.EC.L.F.0.4'[S]4' HIGHC.L.F.C.L.F.1.0'[N]WALL0.6'[E]W.F.0.7'[E]C.L.F.3.2'[S]C.L.F.1.0'[N]C.L.F.0.4'[N]IRONFENCE0.9'[N]C.L.F.0.2'[S]IRONFENCE0.7'[N]IRONFENCE0.9'[N]C.L.F.0.6'[N]W.F.1.0'[N]C.L.F.0.8'[N]6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT 6' ASPHALT PAVEMENT 6' ASPHALT PAVEMENTW.F.1.4'[N]W.F.0.9'[S]W.F.0.5'[E]6' HIGHW.F.6' HIGHWALL6' HIGHW.F.W.F.1.1'[E]C.L.F.5.2'[S]8' HIGHC.L.F.8' HIGHC.L.F.CB-02CB-01WATERPUMPGRASS FIELDGRASS FIELDGRASS FIELDW.F.0.5'[S]6' HIGHW.F.17' ASPHALT PAVEMENTC.L.F0.6'[E]//
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/////CATV= FIRE HYDRANTlegend and abbreviations= TEMPORARY SITE BENCHMARK= ELECTRIC BOX= PALM TREE= TREEO.R.B.= OFFICIAL RECORDS BOOK= PAGEPG.= AMERICAN DISABILITY ACTADA= BOLLARD= CONCRETE LIGHT POLE= STORM MANHOLE= SANITARY MANHOLE= INVERTINV.= ELEVATIONELEV.= TYPICALTYP.= IRRIGATIONIRR= EXISTINGEX= STORMST= SANITARYSAN= SPOT ELEVATIONX 0.00= CONCRETECONC.= WATER VALVE= WATER METER= GAS VALVE= HANDICAP PARKING SPACE= COMMUNICATION BOX= IRRIGATION VALVE= DIAMETER OF TREED= HEIGHT OF TREEH= SPREAD (CANOPY OF TREE)S= FLOODLIGHT= SIGN= CABLE TELEVISION= POLYVINYL CHLORIDE PIPEPVC= HIGH-DENSITY POLYETHYLENEHDPE= FINISH FLOOR FF= CHAIN LINK FENCEC.L.F.= TRAFFIC SIGNAL MAST ARM= CABLE TELEVISION BOX= TRAFFIC SIGNAL CABINET= TRAFFIC SIGNAL BOX= EXISTING UNDERGROUND= GASGCOM= EXISTING OVERHEADOHE= ELECTRICELEC.= CONCRETE BLOCK STUCCOC.B.S.= FIRE DEPARTMENTFDC= INDICATES NUMBER OF PIPES(2)2"Ø= WATERWType of Project:
Project Name:Project No.:Drawing Date:Managed By:Scale:Drawn By:Checked By:B O U N D A R Y S U R V E YAS SHOWNNo.: Date:Description
RECORD OF REVISION
LONGITUDESURVEYORSWWW.LONGITUDESURVEYORS.COM7769 NW 48th STREETSUITE 375DORAL, FLORIDA33166PH: (305) 463-0912FAX: (305) 513-5680FLORIDA CERTIFICATEOF AUTHORIZATIONLB 7335By:AND THE DIAMETER OF PIPESCOMMUNCATION LINEELECTRIC LINE(TAKEN AT BREAST HEIGHT)CONNECTION= PEDESTRIAN SIGNAL= TRAFFIC HANDHOLE= TRAFFIC MANHOLE= TRAFFIC CAMERA= TRAFFIC SENSOR= CABLE TELEVISION MANHOLE= CABLE TELEVISION HANDHOLE= CABLE TELEVISION VAULT= CABLE TELEVISION MARKER= CABLE TELEVISION MARKERSIGNFLAG= TRAFFIC MARKER SIGN= ELECTRIC SWITCH= WOODEN UTILITY POLE= ELECTRIC TRANSFORMER= GUY ANCHOR= GUY ANCHOR POST= WOOD FENCEW.F.= METAL FENCEM.F.= BARBED WIRE FENCEB.W.F.= FIBER OPTICFO= ELECTRIC MANHOLE= ELECTRIC METER= ELECTRIC HANDHOLE= ELECTRIC VAULT= ELECTRIC MARKING FLAG= ELECTRIC MARKING SIGN= GAS UTILITY BOX= GAS MANHOLE= GAS TANK= GAS HANDHOLE= GAS METER= GAS VAULT= GAS WELL= GAS MARKER FLAG= GAS MARKER SIGN= ORNAMENTAL TREE= COMMUNICATION MANHOLE= COMMUNICATION VAULT= COMMUNICATION HANDHOLE= COMMUNICATION MARKER= COMMUNICATION MARKER SIGNFLAG= GARBAGE RECEPTACLE= PAYPHONE= BASKETBALL HOOP= AIR RELEASE VALVE= WATER BOX= WATER CONNECTION= WATER HANDHOLE= WATER MANHOLE= WATER TANK= WATER VAULT= WATER WELL= WATER MARKING FLAG= WATER MARKING SIGN= STORM METER= STORM HANDHOLE= STORM VAULT= CATCH BASIN= STORM MARKER FLAG= STORM MARKER SIGN= TELEPHONE MANHOLE= TELEPHONE BOX= TELEPHONEHANDHOLE= TELEPHONE BOX= TELEPHONE MARKER SIGN= NEWSPAPER DISPENSER= MAILBOX= BORING HOLE= SANITARY METER= SANITARY TANK= SANITARY HANDHOLE= SANITARY LIFT STATION= SANITARY VAULT= SANITARY MARKER FLAG= SANITARY MARKER SIGN= GREASE TRAP MANHOLE= CLEANOUT= PARKING METER= FIBER OPTIC MANHOLE= FIBER OPTIC VAULT= FIBER OPTIC BOX= FIBER OPTIC HANDHOLE= FIBER OPTIC MARKER FLAG= FIBER OPTIC MARKER SIGN= MONITORING WELL= FUEL TANK= UNKNOWN UTILITY BOX= UNKNOWN UTILITY HANDHOLE= UNKNOWN UTILITY METER= UNKNOWN UTILITY MANHOLE= UNKNOWN UTILITY POLE= UNKNOWN UTILITY TANK= UNKNOWN UTILITY VALVE= UNKNOWN UTILITY VAULT= UNKNOWN UTILITY MARKER= UNKNOWN UTILITY MARKERFLAGSIGN= RAILROAD SIGNAL= RAILROAD SIGN= RAILROAD BOX= RAILROAD VAULT= RAILROAD HANDHOLE= FLAGPOLE= PIPELINE BOX= PIPELINE HANDHOLE= PIPELINE METER= PIPELINE MANHOLE= PIPELINE VALVE= PIPELINE VAULT= PIPELINE MARKER FLAG= PIPELINE MARKER SIGN= LENGTHL= STATIONSTA.= PLAT BOOKP.B.= SECTION LINE= CENTERLINEL= BASELINE= MONUMENT LINECLBLMLS= CENTRAL ANGLE= RADIUSR= POINT OF COMPOUNDPCC= POINT OF REVERSE CURVATUREPRC= POINT OF TANGENCYPT= POINT OF CURVATUREPCCURVATUREΔ= MEASURE(M)= CALCULATED(C)= RECORD(R)= LICENSE BUSINESSLB= CAST IRONC.I.= CORRUGATED METALC.M.= ORNAMENTAL LIGHT POLEOLP= WOODEN LIGHT POLEWLP= METAL LIGHT POLEMLP= CONCRETE LIGHT POLECLP= RIGHT-OF-WAYR/W= TANGENTTASPHALTBRICKPAVERUNIMPROVEDTILEGRAVELSTAMPEDCONCRETECONCRETE= SANITARY VALVEGRAPHIC SCALE IN FEET02010 2040SCALE: 1" = 20'= CONCRETE UTILITY POLE= METAL UTILITY POLEDFFEB. 25, 2022JADF19211.1.01Sheet 2 of 44360 SW 58 AVENUE. SOUTH MIAMI FL, 33155
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BENCHBENCHBENCHTRASHCANTRASHCANTRASHCANTRASHCANOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE
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/////////////////////////////////////////////////////////////////////////////////////////////////////////////0.7' CONC.CURBGRASSGRASSCB-08GRASSGRASSGRASSGRASSGRASSGRASSGRASS6' HIGHC.L.F.6' HIGHC.L.F.4' HIGHC.L.F.4' HIGHC.L.F.CB-07CB-09CB-03CB-05CB-06CB-048' HIGHC.L.F.4' HIGHC.L.F.5' HIGHC.L.F.5' HIGHW.F.5' HIGHC.L.F.3' C. B. S.WALL8' HIGHC.L.F.LOT 7LOT 8LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 1RIVIERA ESTATES AMENDEDP.B. 25 PG.18LOT 2NOT SUBDIVIDEDN87°19'11"E 1,326.39' (C)BLOCK 1625.0'R/W
R/W 25.0'NORTH LINE OF THES1/2, SW 1/4, NE 1/4, NE 1/4SEC. 24-54-40SOUTH LINE OF THES1/2, SW 1/4, NE 1/4, NE 1/4SEC. 24-54-40SW 59th AVECL I#1#2#3#4#5#6#7#8#9#10#15#14#13#12#11#16#18#17#19#20#21#27#28#29#30#31#32#33#34#35///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
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S87°19'51"W 1,326.51'(C)N02°19'35"W(C)50' PUBLICRIGHT-OF-WAY GOLFERS HAVENP.B .45 PG. 21BLOCK 4WESTERFIELD MANOR SEC 1 & 2P.B.18 PG. 47BLOCK 7C.L.F.1.4'[S]C.L.F.1.4'[N]C.L.F.0.3'[S]C.L.F.0.9'[N]W.F.0.1'[S]C.L.F.1.1'[N]C.L.F.0.6'[N]6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT6' ASPHALT PAVEMENT
6' ASPHALT PAVEMENTC.L.F.0.2'[S]C.L.F.1.2'[N]HEDGEHEDGEHEDGEGRASS FIELDGRASS FIELDGRASS FIELDGRASS FIELDC.L.F.3.3'OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE(((((((((((
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///////CATV= FIRE HYDRANTlegend and abbreviations= TEMPORARY SITE BENCHMARK= ELECTRIC BOX= PALM TREE= TREEO.R.B.= OFFICIAL RECORDS BOOK= PAGEPG.= AMERICAN DISABILITY ACTADA= BOLLARD= CONCRETE LIGHT POLE= STORM MANHOLE= SANITARY MANHOLE= INVERTINV.= ELEVATIONELEV.= TYPICALTYP.= IRRIGATIONIRR= EXISTINGEX= STORMST= SANITARYSAN= SPOT ELEVATIONX 0.00= CONCRETECONC.= WATER VALVE= WATER METER= GAS VALVE= HANDICAP PARKING SPACE= COMMUNICATION BOX= IRRIGATION VALVE= DIAMETER OF TREED= HEIGHT OF TREEH= SPREAD (CANOPY OF TREE)S= FLOODLIGHT= SIGN= CABLE TELEVISION= POLYVINYL CHLORIDE PIPEPVC= HIGH-DENSITY POLYETHYLENEHDPE= FINISH FLOOR FF= CHAIN LINK FENCEC.L.F.= TRAFFIC SIGNAL MAST ARM= CABLE TELEVISION BOX= TRAFFIC SIGNAL CABINET= TRAFFIC SIGNAL BOX= EXISTING UNDERGROUND= GASGCOM= EXISTING OVERHEADOHE= ELECTRICELEC.= CONCRETE BLOCK STUCCOC.B.S.= FIRE DEPARTMENTFDC= INDICATES NUMBER OF PIPES(2)2"Ø= WATERWType of Project:
Project Name:Project No.:Drawing Date:Managed By:Scale:Drawn By:Checked By:B O U N D A R Y S U R V E YAS SHOWNNo.: Date:Description
RECORD OF REVISION
LONGITUDESURVEYORSWWW.LONGITUDESURVEYORS.COM7769 NW 48th STREETSUITE 375DORAL, FLORIDA33166PH: (305) 463-0912FAX: (305) 513-5680FLORIDA CERTIFICATEOF AUTHORIZATIONLB 7335By:AND THE DIAMETER OF PIPESCOMMUNCATION LINEELECTRIC LINE(TAKEN AT BREAST HEIGHT)CONNECTION= PEDESTRIAN SIGNAL= TRAFFIC HANDHOLE= TRAFFIC MANHOLE= TRAFFIC CAMERA= TRAFFIC SENSOR= CABLE TELEVISION MANHOLE= CABLE TELEVISION HANDHOLE= CABLE TELEVISION VAULT= CABLE TELEVISION MARKER= CABLE TELEVISION MARKERSIGNFLAG= TRAFFIC MARKER SIGN= ELECTRIC SWITCH= WOODEN UTILITY POLE= ELECTRIC TRANSFORMER= GUY ANCHOR= GUY ANCHOR POST= WOOD FENCEW.F.= METAL FENCEM.F.= BARBED WIRE FENCEB.W.F.= FIBER OPTICFO= ELECTRIC MANHOLE= ELECTRIC METER= ELECTRIC HANDHOLE= ELECTRIC VAULT= ELECTRIC MARKING FLAG= ELECTRIC MARKING SIGN= GAS UTILITY BOX= GAS MANHOLE= GAS TANK= GAS HANDHOLE= GAS METER= GAS VAULT= GAS WELL= GAS MARKER FLAG= GAS MARKER SIGN= ORNAMENTAL TREE= COMMUNICATION MANHOLE= COMMUNICATION VAULT= COMMUNICATION HANDHOLE= COMMUNICATION MARKER= COMMUNICATION MARKER SIGNFLAG= GARBAGE RECEPTACLE= PAYPHONE= BASKETBALL HOOP= AIR RELEASE VALVE= WATER BOX= WATER CONNECTION= WATER HANDHOLE= WATER MANHOLE= WATER TANK= WATER VAULT= WATER WELL= WATER MARKING FLAG= WATER MARKING SIGN= STORM METER= STORM HANDHOLE= STORM VAULT= CATCH BASIN= STORM MARKER FLAG= STORM MARKER SIGN= TELEPHONE MANHOLE= TELEPHONE BOX= TELEPHONEHANDHOLE= TELEPHONE BOX= TELEPHONE MARKER SIGN= NEWSPAPER DISPENSER= MAILBOX= BORING HOLE= SANITARY METER= SANITARY TANK= SANITARY HANDHOLE= SANITARY LIFT STATION= SANITARY VAULT= SANITARY MARKER FLAG= SANITARY MARKER SIGN= GREASE TRAP MANHOLE= CLEANOUT= PARKING METER= FIBER OPTIC MANHOLE= FIBER OPTIC VAULT= FIBER OPTIC BOX= FIBER OPTIC HANDHOLE= FIBER OPTIC MARKER FLAG= FIBER OPTIC MARKER SIGN= MONITORING WELL= FUEL TANK= UNKNOWN UTILITY BOX= UNKNOWN UTILITY HANDHOLE= UNKNOWN UTILITY METER= UNKNOWN UTILITY MANHOLE= UNKNOWN UTILITY POLE= UNKNOWN UTILITY TANK= UNKNOWN UTILITY VALVE= UNKNOWN UTILITY VAULT= UNKNOWN UTILITY MARKER= UNKNOWN UTILITY MARKERFLAGSIGN= RAILROAD SIGNAL= RAILROAD SIGN= RAILROAD BOX= RAILROAD VAULT= RAILROAD HANDHOLE= FLAGPOLE= PIPELINE BOX= PIPELINE HANDHOLE= PIPELINE METER= PIPELINE MANHOLE= PIPELINE VALVE= PIPELINE VAULT= PIPELINE MARKER FLAG= PIPELINE MARKER SIGN= LENGTHL= STATIONSTA.= PLAT BOOKP.B.= SECTION LINE= CENTERLINEL= BASELINE= MONUMENT LINECLBLMLS= CENTRAL ANGLE= RADIUSR= POINT OF COMPOUNDPCC= POINT OF REVERSE CURVATUREPRC= POINT OF TANGENCYPT= POINT OF CURVATUREPCCURVATUREΔ= MEASURE(M)= CALCULATED(C)= RECORD(R)= LICENSE BUSINESSLB= CAST IRONC.I.= CORRUGATED METALC.M.= ORNAMENTAL LIGHT POLEOLP= WOODEN LIGHT POLEWLP= METAL LIGHT POLEMLP= CONCRETE LIGHT POLECLP= RIGHT-OF-WAYR/W= TANGENTTASPHALTBRICKPAVERUNIMPROVEDTILEGRAVELSTAMPEDCONCRETECONCRETE= SANITARY VALVEGRAPHIC SCALE IN FEET02010 2040SCALE: 1" = 20'= CONCRETE UTILITY POLE= METAL UTILITY POLEDFFEB. 25, 2022JADF19211.1.01Sheet 3 of 4JA
4360 SW 58 AVENUE. SOUTH MIAMI FL, 33155
SOUTH MIAMI PARK CPPPPPPPPFFFFFFFUTTTTTRRRRRRGTNSLSSSSSTSDDDDDUUUUUUUUUUWWWWWWWAWDSIWCCCCGGGGGGGGGEEEEEECGTETVTVTVTVTVTRTVTRTRTRTRTRS59 of 77102
///0.7' CONC.LOT 9LOT 1525.0'R/W
///SET 58' Ø IRON PIPE(LB 7335)SET 58' Ø IRON PIPE(LB 7335)EAST LINE OF THE SW 1/4, NE 1/4, NE 1/4
SEC. 24-54-40
50' PUBLIC RIGHT-OF-WAY
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5' CONC. SIDEWALK
3.7' CONC. SIDEWALK 0.7' CONC.CURB0.7' CONC.CURB40'STORAGECONTAINER0.7' CONC.CURB0.7' CONC.CURB0.7' CONC.CURB0.7' CONC.CURB0.7' CONC.CURB0.7' CONC.CURB0.7' CONC.CURBGATE12' HIGHC.L.F.6' HIGHC.L.F.5' HIGHC.L.F.5' HIGHC.L.F.5' HIGHC.L.F.6' HIGHC.L.F.5' HIGHC.L.F.GRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASS//////////////////////////////////////////
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///////////////////////////////////////////////////////SW 58th AVENUECB-11CB-10CB-12CB-13OH
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E4' CONC. SIDEWALK6' HIGHC.L.F.6' HIGHC.L.F.6' HIGHC.L.F.0.7' CONC.CURB0.7' CONC.CURB5' C. B. S.WALL6' HIGHW.F.GATE4' C. B. S.WALL5' HIGHC.L.F.12' HIGHC.L.F.12' HIGHGATE12' HIGHC.L.F.6' HIGHC.L.F.5' HIGH C.L.F.GATELOT 8LOT 10LOT 11LOT 12LOT 13LOT 14NOT SUBDIVIDEDNOT SUBDIVIDEDS02°20'12"E N87°19'11"E1,326.39'(C)N87°19'51"E1,326.51'25.0'25.0'R/W
R/W R/WNORTH LINE S1/2, SW 1/4, NE 1/4, NE 1/4SEC. 24-54-40EAST LINE SW1/4, NE 1/4, NE 1/4
SEC. 24-54-40 TBM # 2N:508,388.058'E:889,628.854'ELEV.:10.830'CL
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///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////C.B.S.WALL7.5'[S]W.F.6.3'[S]C.B.S.WALL3.7'[S]C.L.F.2.3'[S]C.L.F.0.5'[N]C.L.F.1.4'[N]C.L.F.0.8'[S]C.L.F.0.5'[N]C.L.F.1.0'[N]HEDGEHEDGE LINEHEDGE LINEWESTERFIELD MANOR SEC 1 & 2P.B.18 PG. 47BLOCK 7CONC.GRASSR/W
R/W
R/W CATV= FIRE HYDRANTlegend and abbreviations= TEMPORARY SITE BENCHMARK= ELECTRIC BOX= PALM TREE= TREEO.R.B.= OFFICIAL RECORDS BOOK= PAGEPG.= AMERICAN DISABILITY ACTADA= BOLLARD= CONCRETE LIGHT POLE= STORM MANHOLE= SANITARY MANHOLE= INVERTINV.= ELEVATIONELEV.= TYPICALTYP.= IRRIGATIONIRR= EXISTINGEX= STORMST= SANITARYSAN= SPOT ELEVATIONX 0.00= CONCRETECONC.= WATER VALVE= WATER METER= GAS VALVE= HANDICAP PARKING SPACE= COMMUNICATION BOX= IRRIGATION VALVE= DIAMETER OF TREED= HEIGHT OF TREEH= SPREAD (CANOPY OF TREE)S= FLOODLIGHT= SIGN= CABLE TELEVISION= POLYVINYL CHLORIDE PIPEPVC= HIGH-DENSITY POLYETHYLENEHDPE= FINISH FLOOR FF= CHAIN LINK FENCEC.L.F.= TRAFFIC SIGNAL MAST ARM= CABLE TELEVISION BOX= TRAFFIC SIGNAL CABINET= TRAFFIC SIGNAL BOX= EXISTING UNDERGROUND= GASGCOM= EXISTING OVERHEADOHE= ELECTRICELEC.= CONCRETE BLOCK STUCCOC.B.S.= FIRE DEPARTMENTFDC= INDICATES NUMBER OF PIPES(2)2"Ø= WATERWType of Project:
Project Name:Project No.:Drawing Date:Managed By:Scale:Drawn By:Checked By:B O U N D A R Y S U R V E YAS SHOWNNo.: Date:Description
RECORD OF REVISION
LONGITUDESURVEYORSWWW.LONGITUDESURVEYORS.COM7769 NW 48th STREETSUITE 375DORAL, FLORIDA33166PH: (305) 463-0912FAX: (305) 513-5680FLORIDA CERTIFICATEOF AUTHORIZATIONLB 7335By:AND THE DIAMETER OF PIPESCOMMUNCATION LINEELECTRIC LINE(TAKEN AT BREAST HEIGHT)CONNECTION= PEDESTRIAN SIGNAL= TRAFFIC HANDHOLE= TRAFFIC MANHOLE= TRAFFIC CAMERA= TRAFFIC SENSOR= CABLE TELEVISION MANHOLE= CABLE TELEVISION HANDHOLE= CABLE TELEVISION VAULT= CABLE TELEVISION MARKER= CABLE TELEVISION MARKERSIGNFLAG= TRAFFIC MARKER SIGN= ELECTRIC SWITCH= WOODEN UTILITY POLE= ELECTRIC TRANSFORMER= GUY ANCHOR= GUY ANCHOR POST= WOOD FENCEW.F.= METAL FENCEM.F.= BARBED WIRE FENCEB.W.F.= FIBER OPTICFO= ELECTRIC MANHOLE= ELECTRIC METER= ELECTRIC HANDHOLE= ELECTRIC VAULT= ELECTRIC MARKING FLAG= ELECTRIC MARKING SIGN= GAS UTILITY BOX= GAS MANHOLE= GAS TANK= GAS HANDHOLE= GAS METER= GAS VAULT= GAS WELL= GAS MARKER FLAG= GAS MARKER SIGN= ORNAMENTAL TREE= COMMUNICATION MANHOLE= COMMUNICATION VAULT= COMMUNICATION HANDHOLE= COMMUNICATION MARKER= COMMUNICATION MARKER SIGNFLAG= GARBAGE RECEPTACLE= PAYPHONE= BASKETBALL HOOP= AIR RELEASE VALVE= WATER BOX= WATER CONNECTION= WATER HANDHOLE= WATER MANHOLE= WATER TANK= WATER VAULT= WATER WELL= WATER MARKING FLAG= WATER MARKING SIGN= STORM METER= STORM HANDHOLE= STORM VAULT= CATCH BASIN= STORM MARKER FLAG= STORM MARKER SIGN= TELEPHONE MANHOLE= TELEPHONE BOX= TELEPHONEHANDHOLE= TELEPHONE BOX= TELEPHONE MARKER SIGN= NEWSPAPER DISPENSER= MAILBOX= BORING HOLE= SANITARY METER= SANITARY TANK= SANITARY HANDHOLE= SANITARY LIFT STATION= SANITARY VAULT= SANITARY MARKER FLAG= SANITARY MARKER SIGN= GREASE TRAP MANHOLE= CLEANOUT= PARKING METER= FIBER OPTIC MANHOLE= FIBER OPTIC VAULT= FIBER OPTIC BOX= FIBER OPTIC HANDHOLE= FIBER OPTIC MARKER FLAG= FIBER OPTIC MARKER SIGN= MONITORING WELL= FUEL TANK= UNKNOWN UTILITY BOX= UNKNOWN UTILITY HANDHOLE= UNKNOWN UTILITY METER= UNKNOWN UTILITY MANHOLE= UNKNOWN UTILITY POLE= UNKNOWN UTILITY TANK= UNKNOWN UTILITY VALVE= UNKNOWN UTILITY VAULT= UNKNOWN UTILITY MARKER= UNKNOWN UTILITY MARKERFLAGSIGN= RAILROAD SIGNAL= RAILROAD SIGN= RAILROAD BOX= RAILROAD VAULT= RAILROAD HANDHOLE= FLAGPOLE= PIPELINE BOX= PIPELINE HANDHOLE= PIPELINE METER= PIPELINE MANHOLE= PIPELINE VALVE= PIPELINE VAULT= PIPELINE MARKER FLAG= PIPELINE MARKER SIGN= LENGTHL= STATIONSTA.= PLAT BOOKP.B.= SECTION LINE= CENTERLINEL= BASELINE= MONUMENT LINECLBLMLS= CENTRAL ANGLE= RADIUSR= POINT OF COMPOUNDPCC= POINT OF REVERSE CURVATUREPRC= POINT OF TANGENCYPT= POINT OF CURVATUREPCCURVATUREΔ= MEASURE(M)= CALCULATED(C)= RECORD(R)= LICENSE BUSINESSLB= CAST IRONC.I.= CORRUGATED METALC.M.= ORNAMENTAL LIGHT POLEOLP= WOODEN LIGHT POLEWLP= METAL LIGHT POLEMLP= CONCRETE LIGHT POLECLP= RIGHT-OF-WAYR/W= TANGENTTASPHALTBRICKPAVERUNIMPROVEDTILEGRAVELSTAMPEDCONCRETECONCRETE= SANITARY VALVEGRAPHIC SCALE IN FEET020102040SCALE: 1" = 20'= CONCRETE UTILITY POLE= METAL UTILITY POLEDFFEB. 25, 2022JADF19211.1.01Sheet 4 of 4JA
4360 SW 58 AVENUE. SOUTH MIAMI FL, 33155
SOUTH MIAMI PARK CPPPPPPPPFFFFFFFUTTTTTRRRRRRGTNSLSSSSSTSDDDDDUUUUUUUUUUWWWWWWWAWDSIWCCCCGGGGGGGGGEEEEEECGTETVTVTVTVTVTRTVTRTRTRTRTRS25.0'S02°20'12"E 342.64' (R) & (M)
PB. 31 PG. 4)50' PUBLIC RIGHT-OF-WAYSW 45 STREET25.0'CL60 of 77103
CLEARING AND REMOVAL BOUNDARY AREAS
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ATTACHMENT D
ADDENDUM:
AMEREICAN RESCUE PLAN ACT (ARPA)
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ATTACHMENT D
AMERICAN RESCUE PLAN ACT ADDENDUM TO
CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
BETWEEN
THE CITY OF SOUTH MIAMI
AND
[NAME OF ENTITY]
THIS ADDENDUM to the CLUSIA HEDGE PROJECT AT SOUTH MIAMI
PARK (the “Addendum”) is entered into as of the day of , 2024 (the “Effective
Date of this Addendum”), by and between the CITY OF SOUTH MIAMI, a Florida municipal
corporation, (the “City”) and NAME OF ENTITY, a [State] [type of entity] [if out of state
entity, add and confirm that the entity is: authorized to do business in Florida] (hereinafter, the
“Contractor”). Collectively, the City and the Contractor are referred to as “Parties.”
WHEREAS, on [DATE], the City entered into a Professional Services Agreement (the
“Agreement”) with the Contractor for the Professional Services related to the CLUSIA HEDGE
PROJECT AT SOUTH MIAMI PARK project(s) for contractor to implement] (the “Project”),
as further defined in the Agreement; and
WHEREAS, on March 11, 2021, the federal government adopted the American Rescue
Plan Act (“ARPA”), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS, the City desires to utilize ARPA funding to implement the Project; and
WHEREAS, in order to utilize ARPA funding for the Project, the City desires to
incorporate federally required contract provisions relating to ARPA into the Agreement, as set
forth in this ARPA Addendum; and
WHEREAS, the City and Contractor wish to modify the terms of the Agreement in
accordance with the terms and conditions set forth in this ARPA Addendum.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows:1
1. Recitals Incorporated. The above recitals are true and correct and incorporated herein.
2. American Rescue Plan Act Provisions. The Agreement is hereby amended by adding the
following provisions to the Agreement:
1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words.
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2.1. Mandated Federal Agreement Conditions.
2.1.1. In connection with the performance of this Agreement, Contractor acknowledges
that compensation for the Project services under this Agreement shall be fully or partially
funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the City
pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
including, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
ARPA Exhibit 1.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Department of the Treasury’s Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery
Funds Award Terms and Conditions (Assistance Listing Number 21.019);
ARPA Exhibit 4.The U.S. Department of the Treasury’s Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARPA Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement between the City and the State of Florida, Division of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treasury’s ARPA Compliance and Reporting
Guidance, dated June 17, 2022; and
ARPA Exhibit 7.Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link: ARPA EXHIBITS, Exhibit 1 through
Exhibit 7 Listed Above in Section 2.11:
https://southmiamiflgov-
my.sharepoint.com/:f:/g/personal/skulick_southmiamifl_gov/EqZe4BSydzhJlKcTTEKz1x
EBXe_9fwkGvYlOaDEq6qrosw?e=5fwsTC
2.1.2. Title VI Requirements. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the
Treasury on the form incorporated herein as ARPA Exhibit 7. Towards that end, Contractor
shall ensure that performance of work in connection with this Agreement complies with the
certifications and requirements contained in ARPA Exhibit 7 and shall also adhere to the
following provisions:
(1) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
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federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
“Limited English Proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4. Age Discrimination Act of 1975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury’s implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5. Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
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v.An authorized official of the Department of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act (“INA”)].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while performing the Work.
2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
“This Project is [being funded/was supported] in part by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury.”
2.1.10. Reporting Conflict of Interests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1. Equal Employment Opportunity Compliance. During the performance of this
Agreement, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
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origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
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by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
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(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
2.2.3. Clean Air Act Compliance. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Contractor shall comply with the provisions of Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
2.2.5. Debarment and Suspension Compliance. During the performance of this
Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred,
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suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury’s implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
ii. Have not, within a five (5)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under 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.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the
performance of this Agreement, the Contractor and its subcontractors shall comply with the
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provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
(1) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7. Copeland “Anti-Kickback” Act. During the performance of this Agreement, the
Contractor and its subcontractors shall comply with the provisions of the Copeland “Anti-
Kickback” Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
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(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
2.2.8. Procurement of Recovered Materials. Contractor shall comply with the provisions
of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, “Domestic preferences for procurements.”
2.2.10. 2 CFR Subpart F – Audit Requirements. Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpart F – Audit Requirements (“Federal
Audit Provisions”) and the reporting requirements of the U.S. Department of the Treasury’s
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
(1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the performance of the Agreement or the Work
(“Documentation”) necessary to complete federal audits. Contractor shall promptly
assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Contractor shall keep all Documentation up-to-date throughout the performance of this
Agreement and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October 1 of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instructions issued by the U.S. Department of the Treasury
governing the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
73 of 77 116
and provisions of this Addendum and the terms and provisions of the Agreement, the terms
and provisions of this Addendum shall control.
4. Agreement Ratified. Except as otherwise specifically set forth or modified herein, all terms
in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full
force and effect in accordance with its terms.
5. Defined Terms. All initial capitalized terms used in this Addendum but not otherwise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Counterparts. This Addendum may be executed in counterparts, each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
instrument. An executed facsimile or electronic copy of this Addendum shall have the same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
74 of 77 117
IN WITNESS WHEREOF, the parties hereto have caused this Addendum 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)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
75 of 77 118
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)
76 of 77 119
END OF DOCUMENT
77 of 77 120
Tabulation Sheet
Agency Name City of South Miami
Bid Number ITB-(ITB) No. PR2024-10-0-2024/SK
Bid Name CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
Bid Due Date 07/16/2024 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 .brightview
07/16/2024
09:53:46
Eastern
980 Jolly
Rd,
#300, Blue
Bell, PA,
19422
$71846.8400 0.0000 Bidding Document
2 .Coco Tree Service, Corp
07/15/2024
09:52:56
Eastern
3201 NW
24TH ST
RD SUITE
211,
MIAMI, FL,
33142
$68200.0000 0.0000 Bidding Document
3 .Mainguy Landscape Services
07/16/2024
09:53:08
Eastern
1855 South
Flamingo
Road,
Davie, FL,
33325
$62280.0000 0.0000 Bidding Document
4 .Tropic Landscaping & Lawn Maintenance, Inc
07/16/2024
09:33:27
Eastern
17973 SW
248th
Street,
Homestead,
FL, 33031
$44315.0000 0.0000 Bidding Document
121
Bidder Bid Price Bid
ACK.
Bid
CERT
Form
7 SOV
Bidder
Qualif.Ref.ADA
Public
Entity
Crimes
and
Conflicts
Non Coll.
Affidavit
BUS
ENTITY Anti Coll.Scrutinized
Company
Drug free
Workplace
Non-
discriminati
on
Warranty
Accept.
Dispute
Disclosure Debar
Tropic
Landscape $44,315.00 X X X X X X X X X X X X X X X X
Maniguy
Landscape $62,280.00 X X X X X X X X X X X X X X X X
Coco Tree Svc $68,200.00 X X X X X X X X X X X X X X X X
Brightview
Landscape $71,846.84 X X X X X X X X X X X X X X X
ITB PR2024-10: CLUSIA HEDGE
PROOF OF INSURANCE IS A CONDITION OF AWARD
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
122
Member Name City of South Miami
Bid Number ITB-(ITB) No. PR2024-10-0-2024/SK
Bid Name CLUSIA HEDGE PROJECT AT SOUTH MIAMI PARK
35 Planholder(s) found
449 NOTIFIED
SupplierName FullNameEmail Address1 City State Code
Declared
Attributes
AJ Dumping & More Jessica Fernandezajservices.alex@gmail.com5827 NW 198th Terrace Hialeah FL 33015
ARAZOZA BROTHERS CORP Vanessa Ygualada- Riveravygualada@arazozabrothers.com7027 SW 87th Ct Miami FL 33173
Hispanic
Owned
Berger's Property Maintenance
Co Ralph Mongeliaralph@bpmsoflo.com9240 SW 181st ST Miami FL 33157
brightview Craig Offuttcraig.offutt1@brightview.com980 Jolly Rd Blue Bell PA 19422
Coco Tree Service, Corp JOSUE ALVARADOCOCO@COCOTREESERVICE.COM
3201 NW 24st, Rd, Suite
211 Miami FL 33142
ConstructConnect ConstructConnect Bid Opportunitiescontent@constructconnect.com3825 Edwards Rd Cincinnati OH 45209
Constructionx LLC Rene Carrenocarreno@constructionxllc.com6690 West 5th Place Miami Lakes FL 33012
Designer Landscapes of the
Palm Beaches Oneal Coombsdesignerlandscapes@comcast.net4569 129 Ave North
West Palm
Beach FL 33411
Dodge Data Bonny Mangolddodge.docs@construction.com
4300 Beltway Place, Ste
150 Arlington TX 76018
DreamCrop Productions Dayro DelgadoDreamcropproductions@gmail.com16064 sw 138 pl Miami FL 33177
EarthBalance Tanya Lukowiakbids@earthbalance.com2570 Commerce Parkway North Port FL 34289
EDWARD THOMPSON LAWN
CARE EDWARD THOMPSONTHOMPSONTHOMPSON5541@GMAIL.COM10880 SW 188TH STREET
HOMESTEA
D FL 33177
African
American
Owned, Small
Epic Landscaping Alex CollierAlex@epiclandscaping.org15551 Sw 15 St
Fort
Lauderdale FL 33326
Everglades Environmental Care,
Inc.Eva Martineveenv@bellsouth.net16705 N.W. 122nd Avenue Miami FL 33018
fikon corp Omar gutierrezomarg@fikonpro.com
1145 NORTHWEST 28TH
STREET Miami FL 33127
Florida Tree Trimmers LLC Florida Trimmersflttcontracts@gmail.com8551 W Sunrise Blvd.
Fort
Lauderdale FL 33322
Gautier Tree & Landscape Tyler Gautiertyler@gautiertreelandscape.comP.O. Box 800 Tavernier FL 33070
Go Pro Professional Tree Care
Inc.Nathan Stonernathan@goprotreecare.com4875 SW 163RD AVE
Southwest
Ranches FL 33331
Gorgeous landscape and Lawns
inc.Leonel rodriguezGllandscaping.lenny@gmail.com146 Guilford Court Tavernier FL 33070
2 Document(s) found for this bid
123
Grove Tree Service Jaromny MercedesInfo@grovetreeservicefl.com13768 nw 18 court Miami FL 33028
J&H Painting Services Inc.Michael Scollojhpaintingincfl@gmail.com
11840 WINDY FOREST
WAY
BOCA
RATON FL 33498
Jils Gardens LLC Yandy SanchezJilsgardens@gmail.com971 Ne 42ave
HOMESTEA
D FL 33033
Kimley-Horn and Associates,
Inc.Erin AthasFlorida.marketing@kimley-horn.com1005 Nancy Circle Orlando FL 32708
M&J Engineering Karen Felizkfeliz@mjengineers.com17820 nw 46 avenue Miami FL 33055
M&J GENERAL CONTRACTORS CESAR DE LUNAcesar@mjgeneralcontractors.com300 Palermo Avenue
CORAL
GABLES FL 33134
Hispanic
Owned, Small
Business,
Mainguy Landscape Services Rob Mainguyrmainguy@mainguy.com
1855 South Flamingo
Road Davie FL 33325
One More Designs LLC Francisco Villegasfjvillegasjr@onemoredb.com5916 sw 82 st Miami FL 33143
Onvia, Inc. - Content
Department Content Source Managementsourcingsupport@deltek.com509 Olive Way, Suite 400 Seattle WA 98101
Prestige Design & Construction
Inc Jensen Mondesirinfo@prestigedci.com13420 NW 7th Avenue Miami FL 33168
R H MOORE & ASSOCIATES INC Jeff Petersoninfo@rhmooreassociates.com2909 Ponderosa Trl Wimauma FL 33598-7520
SC Contractors, LLC SANDRA CHACONchacon.sandra@gmail.com20431 SW 1 STREET
Pembroke
Pines FL 33029
Hispanic
Owned,
Woman Owned
SFL Property Maintenance Corp Armando Figueredoarmando@sflpropertymaintenance.com3345 SW 81 Avenue Miami FL 33155
Superior Landscaping & Lawn
Service, Inc.Jessy Oterojotero@superiorlandscaping.com2200 NW 23 Avenue Miami FL 33142
Tropic Landscaping & Lawn
Maintenance, Inc Joann Sharpetropiclsn@gmail.com24395 SW 162nd Ave
HOMESTEA
D FL 33031
Waypoint Contracting, Inc Manny Vecininfo@waypointci.comPO BOX 558482 Miami FL 33255
124
Document Number
FEI/EIN Number
Date Filed
State
Status
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Profit Corporation
TROPIC LANDSCAPING & LAWN MAINTENANCE, INC.
Filing Information
S99368
65-0315410
12/10/1991
FL
ACTIVE
Principal Address
17973 SW 248 ST
HOMESTEAD, FL 33031
Changed: 05/02/1997
Mailing Address
17973 SW 248th St.
HOMESTEAD, FL 33031
Changed: 02/16/2023
Registered Agent Name & Address
Barnhart, Valerie, Esq.
Barnhart Law Firm
12555 ORANGE DRIVE
Second Floor
Davie, FL 33330
Name Changed: 02/24/2020
Address Changed: 02/24/2022
Officer/Director Detail
Name & Address
Title President
SANTANA, DAVID
17973 S.W. 248 Street
Homestead, FL 33031
D C Florida Department of State
7/16/24, 11:37 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=TROPICL…1/2125
Annual Reports
Report Year Filed Date
2022 02/24/2022
2023 03/11/2023
2024 02/15/2024
Document Images
02/15/2024 -- ANNUAL REPORT View image in PDF format
03/11/2023 -- ANNUAL REPORT View image in PDF format
02/24/2022 -- ANNUAL REPORT View image in PDF format
02/16/2021 -- ANNUAL REPORT View image in PDF format
02/24/2020 -- ANNUAL REPORT View image in PDF format
04/16/2019 -- ANNUAL REPORT View image in PDF format
04/11/2018 -- ANNUAL REPORT View image in PDF format
04/05/2017 -- ANNUAL REPORT View image in PDF format
04/19/2016 -- ANNUAL REPORT View image in PDF format
04/20/2015 -- ANNUAL REPORT View image in PDF format
04/24/2014 -- ANNUAL REPORT View image in PDF format
04/04/2013 -- ANNUAL REPORT View image in PDF format
04/11/2012 -- ANNUAL REPORT View image in PDF format
04/06/2011 -- ANNUAL REPORT View image in PDF format
04/16/2010 -- ANNUAL REPORT View image in PDF format
04/29/2009 -- ANNUAL REPORT View image in PDF format
04/24/2008 -- ANNUAL REPORT View image in PDF format
04/12/2007 -- ANNUAL REPORT View image in PDF format
03/23/2006 -- ANNUAL REPORT View image in PDF format
04/08/2005 -- ANNUAL REPORT View image in PDF format
03/29/2004 -- ANNUAL REPORT View image in PDF format
04/14/2003 -- ANNUAL REPORT View image in PDF format
04/21/2002 -- ANNUAL REPORT View image in PDF format
04/09/2001 -- ANNUAL REPORT View image in PDF format
05/03/2000 -- ANNUAL REPORT View image in PDF format
04/20/1999 -- ANNUAL REPORT View image in PDF format
04/01/1998 -- ANNUAL REPORT View image in PDF format
05/02/1997 -- ANNUAL REPORT View image in PDF format
05/01/1996 -- ANNUAL REPORT View image in PDF format
05/01/1995 -- ANNUAL REPORT View image in PDF format
Florida Department of State, Division of Corporations
7/16/24, 11:37 AM Detail by Entity Name
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=TROPICL…2/2126
17973 SW 248 ST
HOMESTEAD, FL 33031
Current Principal Place of Business:
Current Mailing Address:
17973 SW 248TH ST.
HOMESTEAD, FL 33031 US
Entity Name: TROPIC LANDSCAPING & LAWN MAINTENANCE, INC.
DOCUMENT# S99368
FEI Number: 65-0315410 Certificate of Status Desired:
Name and Address of Current Registered Agent:
BARNHART, VALERIE ESQ.
BARNHART LAW FIRM
12555 ORANGE DRIVE SECOND FLOOR
DAVIE, FL 33330 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
VALERIE BARNHART
FILED
Feb 15, 2024
Secretary of State
6672101594CC
DAVID SANTANA PRESODENT 02/15/2024
2024 FLORIDA PROFIT CORPORATION ANNUAL REPORT
No
02/15/2024
Title PRESIDENT
Name SANTANA, DAVID
Address 17973 S.W. 248 STREET
City-State-Zip:HOMESTEAD FL 33031
127