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Contract with Municipal Contractors, Inc. c z- DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 i 13/2_, 2-1 CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the day of rE3 `�7 2021, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and MUNICIPAL CONTRACTORS, INC., (the "Contractor"): WTTNESSETH,that the Contractor,for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB-2021-028-AY 59th STREET BIOSWALE The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. E-Verify (A) Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Contractor enters into a contract with an approved subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 10.9(A), but the Contractor otherwise complied with such DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 subsection, the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subcontractor. Contractor's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Contractor's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (B)(1), Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. In consideration of these premises, the City hereby agrees to pay to the Contractor for the said work, when fully completed, the total maximum sum of four hundred fifty thousand, six hundred ninety seven dollars and fifty cents($450,697.50)(the"Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid $ 409,725.00 Total Owner's Contingency . $ 40,972.50 The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Partial and Final Payments will be made as provided for in the Contract Documents. The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. For the present, the parties designate the following: For City: Public Works Engineering Department 1700 Convention Center Drive Miami Beach, FL 33139 Phone: 305-673-7000 Ext. 26924 Attn: Luis Soto, Assistant City Engineer Email: luissotomiamibeachfl.gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 2 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 Phone: 305-673-7000 Ext. 26277 Attn: Rafael Paz, Interim City Attorney Email: rafaelpaz(a miamibeachfl.gov For Contractor: Municipal Contractors, Inc. 8958 Cypress Grove Lane West Palm Beach, FL 33411 Phone: 561-951-0033 Attn: David Scot Paulitsch scotmunicontractors.corn [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA DocuSigned by: ,-DocuSigned by: By I at,� ;VAIA,4 .b teak, Ra se . rana.o, City Clerk By. RaulZAguila Interim City Manager Date: 2/1/2021 1 2:02 EST = `� � �'ti [seal] :INIORP�pRATED. % W ;,��CH•26 FOR CONTRACTOR: ATTEST: MUNICIPAL CONTRACTORS, INC. By: / �� . k �✓ L`vl�l By: Name: at se_ . Pao, 1i-SCh Name: o T )f(UL) TSc Date: a / I f a o a L Date: 2/126 Z( [seal] APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION 4 / -Z9 —z ( city Attorney Dote DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 ATTACHMENT A RESOLUTION &COMMISSION AWARD MEMO DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 Competitive Bid Reports-C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager DATE: January 13,2021 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)NO.2021- 028-AY59TH STREET BIOSWALE. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach,Florida approve the City Manager's recommendation pertaining to bids received,pursuant to ITB 2021-028-AY,for the 59th Street bioswale project. BACKGROUND/HISTORY The purpose of this bid is to establish a contract, by means of sealed bids,to install three bioswales as depicted on the plans,and pedestrian path,on 59th Street connecting North Bay Road to the bay. ANALYSIS The ITB was issued on October 23, 2020,with bid opening date of December 4, 2020. The Procurement Department issued bid notices to 31,533 companies utilizing www.bidsync.com website. 88 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of three responses from: Florida Engineering and Development Corp ("Florida Engineering"), Municipal Contractors, Inc("Municipal Contractors"),and The Stout Group, LLC("Stout Group").A tabulation of the bids received is included as Attachment A. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence,the Procurement and Public Works departments verified that the lowest responsive bid submitted by Municipal Contractors met the requirements of the ITB,including: 1. Bid Bond: Bidder shall submit, with its bid, either an original bid bond, in a form acceptable to the City, executed by a surety company meeting the qualifications specified herein,in the amount of 5%of the bid amount,payable to City of Miami Beach, Florida. In the altemative,Bidder may submit a certified check or cashier's check issued by any national or state bank(United States). Municipal Contractors submitted a bid bond for 5%of the bid amount,as required. 2. Licensing Requirements:Bidder shall be licensed as a General Contractor by the State of Florida or Miami Dade County to be considered for award. Municipal Contractors is State certified as a General Contractor. State license number is: CGC1528070 and expires on August 31, 2022. Furthermore, City staff verified that Municipal Contractors complied with the submittal requirements of the ITB which include the previous experience of the firm,as detailed below. 3. Previous Experience(Firm): Bidder and/or it's principals must have two(2)roadway drainage projects(of similar scope)within the last five(5)years,one(1)of which must be successfully completed,the second which may be ongoing. In addition,the bidder and/or it's principals or subcontractors must have at least one (1)landscaping projects that includes the installation of engineered soils for vegetation. Municipal Contractors submitted proof of the requisite experience. 4.Previous Experience of the project manager and/or superintendent(prime or subcontractor)—Roadway Drainage Construction and Landscaping construction.The project manager and/or superintendent must have two(2)roadway drainage projects(of similar scope) within the last five (5)years, one (1)of which must be successfully completed, the second which may be ongoing. In addition, the project manager and/or superintendent for the firm installing the engineered soil must have at least one(1)landscaping projects that includes the installation of engineered soils for vegetation. Municipal Contractors submitted proof of the requisite experience. DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 The firm has not previously completed work for the City, but all references provided positive feedback.Accordingly, Municipal Contractors has been deemed the lowest responsive and responsible bidder meeting all terms,conditions,and specifications of the I TB SUPPORTING SURVEY DATA According to the 2019 Community Satisfaction Survey conducted by ETC institute,a 46.5%satisfaction was given for"Condition of streets." In further evaluation,the location for this project(North Beach)has a 54.4%satisfaction level. In order to increase standards in this area,the city intends to install 3 bioswales as depicted on the plans,which includes the installation of the pedestrian path along the north side 59th Street connecting North Bay Road to the bay. FINANCIAL INFORMATION Project Cost(Lump Sum Grand Total): $409,725.00 10%Owner's Contingency: $40,972.50 Total: $450,697.50 Amount(s) $450,697.50 Amount(s)/Account(s): $4,000.00-429-0815-000511-29-416-517-00-00-00-28920(OIG Funding) $446,697.50-429-0815-061357-29-418-564-00-00-00-28920(Design Capital Contracts) CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Municipal Contractors, Inc.,the lowest responsive, responsible bidder to the ITB 2021-028-AY,for 59th street bioswale; and further authorize the City Manager and City Clerk to execute a contract. Applicable Area North Beach Is this a"Residents Right Does this item utilize G.O to Know"item.pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity-Revitalize targeted areas and increase investment. Legislative Tracking Public Works/Procurement ATTACHMENTS: Description o Attachment A DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 M I A M I BEIA . F-1 PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 2 INVITATION TO BID NO. 2021-028-AY 59' Street BIOSWALE November 25, 2020 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATES AND TIME EXTENSIONS Due Date&Time for Bid Submittal: The deadline for submittal of bids is extended until 3:00 PM,on December 4,2020 Bidders are cautioned that late bids can not be submitted. Bidders are fully responsible for assuring that bids are received by the deadline. Dial-in Instructions • Dial the Telephore Number: +1 786-636-1480 •Enter the Meeting Number: 768 793 485and then press the pound (#) key II. ATTACHMENTS Exhibit A: Revised Drawings/Plans • Includes Approved Erosion and Sediment Control Permit Plans as Sheets 10-12 • Revised 'Plant Schedule'table on sheet 9 • Quantities in the plant schedule have been reconciled to the planting plan III. RESPONSES TO QUESTIONS RECEIVED Q1: It seems in order to bid on this project the firm MUST be an LGBT Business Enterprise? Al: LGBT Business Enterprise Certification is not a requirement of this solicitation. The City is requesting this information for tracking purposes only. Q2: Is the sidewalk and handrail iicluded on bioswale 3? A2: Refer to sheet 8 in Exhibit A Any questions regarding this Adderdum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Arju Yudasto 305-673-7490 ext. 26695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. ADDENDUM NO.1 INVITATION TO BID NO.20N 1-028-AY 58th Street Bioswale DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 tv\ I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3'd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov t' 1 erely Al- Penis roc,rement Director ADDENDUM NO.1 INVITATION TO BID NO.2021-028-AY 58th Street Bioswale DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 / i\ I A IV\ I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov EXHIBIT A: REVISED DRAWINGS/PLANS 3 I ADDENDUM NO.1 INVITATION TO BID NO.2021-028-AY 58th Street Bioswale _,..........___,.,c......._ MIAMIBEACH . .0 PU3LIC WORKS DEPARTMENT W 59TH ST BIOSWALES JANUARY 14, 2020 ADDENDUM 2 - NOVEMBER 17, 2020 0 -- LOCATION OF PROJECT IN i tro MIAMI BEACH 811 WOWS C* I L ll WOW CALL BM=YOU DIG DIG ni.,.�,i ma 1 Oa nrr.�mw- P ..w.OIkwNM1Ine.ro. 1 q, W6 - t CITY OF MIAMI BEACH 4/1-9 i S 1 MAYOR: DAN GELBER a a COMMISSIONERS: MICKY STEINBERG ���A`t MARK SAMUELIAN BumB MICHAEL GONGORA STEVEN MEINER INDEX OF DRAWING RICKY ARRIOLA4 ' i DAVID RICHARDSON ma.Oa`Gw.eV t Ikt ��GORGE p! S SHEET DRAWING CITY MANAGER: JIMMY L. MORALES eA $ 1 COVER CITY ATTORNEY: RAUL J. AGUILA 2 LEGEND SHEET e 3 GENERAL NOTES DIRECTOR OF 8P 4 EXISTING CONDITIONS AND DEMOLITION PLAN PUBLIC WORKS: ROY COLEY 1 5 OVERALL SITE PLAN CITY ENGINEER: NELSON PEREZ-JACOME, PE 6 BIOSWALE ALTERNATIVE I LOCATION MAP 7 BIOSWALE ALTERNATIVE II 8 BIOSWALE ALTERNATIVE III 9 PLANTING PLAN 1 1 c.e`.�mawvrlu E.D.EER Of RECORD MO Puna D.Um ,., OM.. 940 3 o Co.GP..a 3313I G I' yam-'t Work Order Sheet 1 i yr.. eAcop tom.A,•*A�r.r... .1. . 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THE MAT. . •.v.m,N.L.A.�,.c.L,....�L...N,m N..1....10..m Oc MP I...o a OPv....n,.o< mc• .«..1:` .,..a...NpT). :`3E m 74CLIITI..:td' 1M:119:=103,D C no .AT° •ATE =CS 11.":°1"'c.Lm..A° °�° ENGINEER'S NOTES MP MOLO OM,..�Nm« W11 a IE ..T•MANN.m.Om RAW no.., ..D1. N 0A. mTT.OT 0..1..OOP RCA V.R�m T ..,..I......,.®A. 1. Coo Tow O. "'"ET O OVITI DATA «ES TO.� TIC 10 ONO.•LEMMA T "...°"N.a.NE OP TEEEL ,. EL coon..owl TM A MOM TIMM a.M ms's...,L. a ., MN.OEM ELIVM EIT DECO.1.CONI.M.OWL COMM WEE nArE gme co,.o,norm N.Cc.E,' TO MI S M.MI mom ,.o, MM. 15. FOR SPEC T0GnONS.PIERRE REFER TO THE TECHNIC...SPOPIOATIORS BOON PREPARED A. 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ON.l.E.,NO.WC M�A1.N a SHORING TO THE ENGINEERSE ENCR D.IN THETCOSTTHES OF STRUSTRACTION CTTURE/NOYRE ES OERATEBNO WY BE .,y,. °mw TAT vaum N nc�.s xo.1c wo o TER Toro wlwe m a ♦ m.o. ,.1m.wu.moo..,m mom mom moos N.omom N op...n.n m.., REQUIRED AND SELL BE INCLUDED IN THE COSTS OF STRUCTURES AND PIPES. ES comm IRIS AS)N%..ACOS SOAR SCOT mom..1..RENE E.L.. mo olovaxo THE AM.PANEWM A.11.1 NM IS N.AT RR CM ETEPOW.ETIE ENO=17. CONTRACTOR SELL BE RESPONSIBLE FOR INSTNLING.RBE NTY BARRIER AT AL OUTPNIS LIMO..S.. ........ .. 001.1m. TO MM. ..w.c ` MOM TO MM.SMCLIOL N.MM..O owl Arm.P MOM 001C.nv1 MM.MM.w A.n. SUBJECT TO POTENTIAL DEMM E WRING FOR S0ION.SEE O.0 DETAILS SES,i0 ESTHE . .wow,uc n v Cu.. 15.CONTRACTOR SHILL BE CESTON.C PON FU L NNOIBER OE Of ALL SMUGB. RECREME SYSTEM.QU1REYENrs AND cDRRErr Arc mTATw ow DrHER DAYME rQ THE •.00 .W.w0 mal«wIMMES not M WIS T.M 0.,...01.1.,1.COLE....AMMO 0.0.1 MIMS 010 OMIT.11101 MOM.TO MOOT 101. " NOM..,.CaNwL v collo m OM NM E AIWA®IRAN ml..nv.v OE NOWa.Loom memo.]mom moo FFL moo o....coo,my,so m mom.o Tor mos ,'"T 1E. VEHICULAR TRAFFIC ACCESS SEEL BE ENTERED SO AS TO NOT INTERRUPT TRASH COLLECTION OPEETIONS.POLICE WERATIGIS,EMERGENCY OPERATORS.AND EL ' .SWOON,C auNs_�A..Fae',Wm NEVI E.T�s PIMP..a Cn/�R10.R DELAf t VENCLES DURING ALL PHASES OF CONSTRUCTION. ` M/MM.MOM Mod maw.Now OREL 1.0.I.FROPOITT OF TE carronot OM T4 m NO 19LIEEIANCE OF TRAFFIC SELL BE IN ACCORDANCE N CURRENT POOL STARDWQ EQ a.m.DEIa .N mA. A vomis N.L ...A .«m ramum F o ¢ .m.A1.. INDEETAND SE S 000 RIES),AND THE•AANUAL OF UNIFORM TRAFFIC CONTROL IMAGES FOR STREETS D HIGHWAYS•AR0 ALL OTHER STATE.COUNTY AND LOCAL REQUIREMENTS. >a PPRRONNEE EN PROPER POLES OH OWER SUTNRANY E SUPPORT RSED T nLIT.OLOINME ECONSTRUCTION.THE SNORING AND SUPPORT EMCEE SHALL BE AOPROVEEUU BY THE UTILITY COMPANY ENGINEERING DCPANIENT. 21. ALL DEFEO.°WORE NM ACCEPTED BY ECITY ENGINEERCOMPACTOR OR BY A G:BERNMENT PERMITTING AGENCY SHALE BEI.MEDMTELY REPNREU BY THE 'AT THE COMIRETOR'S M EASE. u. CONTRACTOR SRN,CONTACT ME PUBUC ROMS DEPROTITIMI TO INSPECT TEETERS NM BOOBS NREM Al CONSTRUCTOR TO OETERYINE WETHER REPIMEMEM B NECESSARY. 23. ELEVATIONS ARE REFERRED i0 NORM AMERICAN VERU..DATUM OF IMBB OAVD'E) BASED ON CITY OF MEI BGCH BENCH MARK CRAB HIB 01.BEING A PN EL AND METER ON TE... N. PRONE REST/ENING BY THE USE OF FIELD LDC%GAS%ET ON MON JOINT PIPE ANI)AS LNUFETURED BY U.S.PIPE OR EONV. ]S. CONTRACTOR SHILL BE RESPONSIBLE FOR ERTEN.UNINTERRUPTED MATER SEWAGE OUNEO TIE CONSTRUCTION OF THE TE- EM5 TO ANY ElOS1.G TINTER STANCE.NES.ABARCON.EM SHALL NOT OCCUR UNTIL THE PROPOSED NOE HAS BEER APPROVED AND ACCEPTED TDR OPERATION BY OF RECORD D THE CRY WORKS PUBLIC WOS DEPARTMENT.WATER MEM NEER AMNEM O, CONTRACTOR SHILL REQUEST FM CYE.B HEIRS PRIOR FOR WATER MNN SNUNO.TN. E. ALL WATER METER IMES CALMED DURING CONSTRUCTOR SILL BE REPLACED WON CITY ISSUED WATER METER BONES ANO PND FOR BY CONT.CIOR. M I A M I BE INCH NEGHBOUNQOQ CITY OF MIAMI BEACH mu W JMFY L MPINIE. �� -EMDINEE.O RECS ..w p i NE Q•Y. ERECTOR OF W 59TH ST-BIOSWALES OLEIC WORE OREN EY Irm WNW RM.= ROM COLEY CAPITAL IMPROVEMENT PROJECTS OFFICE TRE: r COBENGINEER.L.W.EIEIJACO...PE CIELxoN 1..r.. . R.ANTM' IwP 0_ ...I.- 0550.42 GENERAL NOTES No. AME.G.ENII...1. ,1..E.....�au.,L.r....wAWAa...,r. -- - CE.ERECTOR avIO MARTINEZ PE BELE WARM NM DATE �E REV4CN AMP EV 0.r uw.En Ew1.s MS.,I0.4 6,144/4A.22.1426.46046/C0.4.6•440.2 DRAINAGE AREA SUMMARY .ww �'269 ®® 2.44144 .7 . ow I ,o s� / ' om` ihwell mI ;u I m- RiI®R111311I I I ♦ 1 a.M�a.,.o,. 16,71 I 1 ♦-«w I warty a. - LITTIMIIITIMIIIIEMMITE I umR� E'2 Ononag Mai o,r I I-5-' aA . 1 1 1 Tin"r'''"1""."."...."1 I 1 C� TO t I II .—. 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DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 M I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3', Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2021-028-AY 59' Street BIOSWALE November 5, 2020 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED. . I. ITB DUE DATES AND TIME EXTENSIONS.See below for the following dates. Pre-Bid Conference(Rescheduled): Date: November 12, 2020 Time: 10:00 AM Dial-in Instructions: Dial the Telephone Number: +1 786-636-1480 Enter the Meeting Number: 705 581 100 and then press the pound (#)key Last Day for Receipt of Questions: The deadline for questions has been extended November 20, 2020 by 5:00 PM ET Questions will be allowed up to 10 days before the initial deadline for submittal of Bids. Questions must be directed to arjuyudasto@miamibeachfl.gov,with a copy to the City Clerk rafaelgranadoRmiamibeachfl.gov. Due Date&Time for Bid Submittal: The deadline for submittal of bids is extended until 3:00 PM,on December 1, 2020 Bidders are cautioned that late bids can not be submitted. Bidders are fully responsible for assuring that bids are received by the deadline. Dial-in Instructions • Dial the Telephone Number:+1 786-636-1480 •Enter the Meeting Number: 768 793 485and then press the pound (#)key Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Arju Yudasto _ 305-673-7490 ext 26695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. ADDENDUM NO.1 INVITATION TO BID NO.2021-028-AY 58th Street Bioswale DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 MIAMI BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Sincerely, Alex Denis Procurement Director ADDENDUM NO.1 INVITATION TO BID NO.2021-028-AY 58th Street Bioswale DocuSign Envelope ID: 52686A22-1538-4661-B7CD-4E668A98AD42 ITB SUMMARY The purpose of this ITB Summary is to summarize the major terms, conditions and requirements of the ITB. Bidders shall note that various paragraphs within these bid documents have a box ( ) which may be checked ( ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. It is the Bidder's responsibility to become familiar with all terms, conditions and requ rements of the ITB, whether or not included in the ITB Summary. Further, it is the Bidder's responsibility to make note of and account for any revisions to any portion of the ITB Summary that may result from an addendum to the ITB. ITB Information&General Requirements ITB No.: 59th Street Bioswale ITB Title: 2021-028-AY Date of Issuance: October 23,2020 Project Description& The 59th Street Bioswale Project is located in the La Gorce Neighborhood along 59th Street Scope of Work: from Alton Road to Biscayne Bay. Bioswales are small retention areas comprised of engineered soils carefully installed beneath the bottom of the swales designed to retain and treat stormwater runoff prior to discharging into Biscayne Bay. The proposed scope of work is to install 3 bioswales as depicted on the plans. It also includes the installation of the pedestrian path along the north side 59th Street connecting North Bay Road to the bay. Specifications are further detailed in Appendix D. Project Location: La Gorce Neighborhood along 59th Street from Alton Road to Biscayne Bay, Miami Beach, FL 33140 Estimated Budget: $500,000.00 Procurement Contact: Name:Arju Yudasto Telephone: 305-673-7490 ext.26695 Email: aru udasto• miamibeachfl.•ov Cone of Silence: Bidders are hereby advised that, pursuant to Section 2-486 of the City Code, this solicitation is under the Cone of Silence law. Communications regarding this solicitation are to be sutmitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelqranadomiamibeachfl.qov. Reference: Section 0400, Solicitation Terms and Conditions Important Dates Due Date&Time for Bid The deadline for submittal of bids is 3:00 PM,on November 13,2020 Submittal: Bidders are cautioned that late bids can not be submitted. Bidders are fully responsible for Due date may be modified by assuring that bids are received by the deadline. addendum to the ITB.It is important that bidder download all addenda. Dial-in Instructions: • Dial the Telephone Number: +1 786-636-1480 • Enter the Meeting Number:768 793 485and then press the pound (#)key Pre-Bid Conference: Date: October 29, 2020 Time: 10:00 AM DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 ® Pre-Bid Conference will be held. Dial-in Instructions: Dial the Telephone Number: +1 786-636-1480 ❑ Pre-Bid Conference is Enter the Meeting Number: 705 581 100 and then press the pound(#)key Mandatory. Reference: Section 0100, Sub-section 6, Pre-Bid Interpretations. ❑ A Pre-Bid Conference will not be held. Site Visit: Site Visit will not be held. ❑ Site Visit will be held. ❑ Site Visit is Mandatory. ® Site Visit will not be held. Last Day for Receipt of November 2,2020 by 5:00 PM ET Questions: Questions will be allowed up to 10 days before the initial deadline for submittal of Bids. Questions must be directed to arjuyudastoAmiamibeachfl.gov,with a copy to the City Clerk rafaelgranado anmiamibeachfl.gov. Reference: Section 0100, Sub-section 6, Pre-Bid Interpretations. Project Specific Information&Requirements Minimum Requirements: Bids from bidders that do not meet the following Minimum Requirements shall be deemed non-responsive and shall not be considered. ® Shall apply. 1. Licensing Requirements. Bidder shall be licensed as a General Contractor by the ❑ Shall not apply. State of Florida or Miami Dade County to be considered for award. Submittal Requirement:Bidder: Submit License Number. 2. Previous Experience of Bidder(Firm).Bidder and/or it's principals must have two(2) roadway drainage projects(of similar scope)within the last five(5)years,one(1)of which must be successfully completed, the second which may be ongoing. In addition, the bidder and/or it's principals or subcontractors must have at least one (1) landscaping projects that includes the installation of engineered soils for vegetation. Submittal Requirement:For each project,submit:1)Owner Name,2)Contact Name, Telephone&Email,3)Project Address,4)Narrative on Scope of Services Provided, 5)completion date. 3. Previous Experience of the project manager and/or superintendent (prime or sub- contractor) —Roadway Drainage Construction and Landscaping construction. The project manager and/or superintendent must have two (2) roadway drainage projects (of similar scope) within the last five (5) years, one (1) of which must be successfully completed,the second which may be ongoing. In addition, the project manager and/or superintendent for the firm installing the engineered soil must have DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 at least one(1)landscaping projects that includes the installation of engineered soils for vegetation. Submittal Requirement:For each project,submit: 1)Owner Name,2)Contact Name, Telephone&Email,3)Project Address,4)Narrative on Scope of Services Provided, 5)completion date. Reference: Section 0200. Bid Bond Requirements: If the requirement applies, Bidder shall submit, WITH ITS BID, an original bid bond, certified check, or cashier's check, in the amount of 5% of the bid amount, payable to City of Miami ® Shall apply. Beach, Florida. ❑ Shall not apply. A copy of the Bid Bond must be submitted through BidSync and the original must be mailed to the following address below.Failure to submit the original within seven(7) days of request shall result in bid being deemed not responsive and not being further considered. Attn: Procurement Department City of Miami Beach City Clerk's Office 1700 Convention Center Dr., 1st Floor Miami Beach, 33139- 1st Floor Failure to include the bid bond WITH THE BID shall result in the bid being deemed non- res'onsive and not bein• considered. Reference: Section 0100, Sub-section 8, Bid Bond. Davis-Bacon Wage Rates: If the requirement applies, Bidder agrees it, and its sub-contractors, shall pay laborers and mechanics employed under the contract no less than the prevailing wage rate and fringe ] Shall apply. benefit payments to be used in implementation of this article shall be those last published by the United States Department of Labor in the Federal Register prior to the date of issuance ® Shall not apply. of the ITB. Insurance: The Contractor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of ® Shall apply. proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, ❑ Shall not apply. which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii) a copy of a Certificate of Exemption. DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal& advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. C. Automobile Liability Insurance covering any automobile, if Contractor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the Project Site,which is to be used (installed into a building or structure) in the Project. (City of Miami Beach shall Named as a Loss Payee on this policy,as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability Insurance in an amount no less than $2,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Additional Insured -City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers'Compensation)arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds(i.e.FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 to be received and approved by the City before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete,certified copies of all required insurance policies,including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience,insurer,coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this agreement. Contract Price: As indicated, contract pricing shall be based on lump sum or unit pricing in accordance with Section 0400,Terms and Conditions of the Contract. ® Lump sum pricing shall apply. ❑ Unit pricing shall apply. Contract Completion Time& Days for Substantial Completion: 150 calendar days Schedule: Days for Final Completion: 30 calendar days Project Scheduling Software Required: ❑ Bar Chart ®Computerized CPM using Primavera"P6"software ❑ Modified CPM [' Microsoft Project Reference: Section 0400,Terms and Conditions of the Contract. Liquidated Damages: 1. Failure to achieve Substantial Completion: $800/day 2. Failure to achieve Final Completion:$200/day ® Shall apply. ❑ Shall not apply. Reference: Section 0400,Terms and Conditions of the Contract. Local Workforce If the requirement applies, the Bidder agrees it, and its sub-contractors, shall make its best Participation: reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent(30%)of all construction labor hours DocuSign Envelope ID: 52686A22-1538-4661-B7C.D-4E668A98AD42 ❑ Shall apply. performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. ® Shall not apply. As long as below the threshold Minimum %of Self-Work Minimum %of the Work Contractor self-perform with its own forces: 40 Requirement: See Section 0400,Terms and Conditions of the Contract. ® Shall apply. ❑ Shall not apply. Performance&Payment See Section 0400,Terms and Conditions of the Contract. Bond Requirements: ® Shall apply. ❑ Shall not apply. Prevailing Wage Rates: If the requirement applies, Bidder agrees it, and its sub-contractors, shall pay laborers and mechanics employed under the contract no less than the prevailing wage rate and fringe ❑ Shall apply. benefit payments to be used in implementation of this article shall be those last published by the United States Department of Labor in the Federal Register prior to the date of issuance ® Shall not apply. of the ITB As long as under threshold Required Licenses/Permits: LICENSES:Bidder shall be licensed as a General Contractor by the State of Florida or Miami Dade County to be considered for award: ® Shall apply. 1. Copy of State Contractors and/or Miami Dade Certification ❑ Shall not apply. 2. Place of Business Occupational License PERMITS:The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work, including but not limited to: 1. City of Miami Beach a. Dewatering permit if required b. Right of way permit if required 2. Florida Department of Environmental Protection (FDEP), if required A.Class V Drainage Well Permit if required B. NPDES(National Pollutant Discharge Elimination System)if required 3. Miami-Dade Department of Environmental Resources Management(DERM), if required. a. Dewatering permit if required Trench Safety Act Reference: Section 0100, Sub-section 12, Florida Trench Safety Act. Requirements ® Shall apply. ❑ Shall not apply. DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 Consultant: Wade Trim Departmental Contract Luis Soto Manager: Submittal Requirements Submittal Location: Bids will be submitted ELECTRONICALLY ONLY through www.bidsync.com. Submittal Format& Bids are to be submitted ELECTRONICALLY ONLY, contain all information,and organized Requirements: in accordance with Section 0300, including: TAB 1: MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS Submit evidence, as specifically requested in the ITB Summary, of compliance with each minimum requirement(s)of this ITB. Bidders that do not comply,or for whom the City cannot verify compliance,shall be deemed non-responsive and its bid shall not be considered. TAB 2: BID PRICE FORM&BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Price Form.(APPENDIX A, Form Al). 2. Bid Bond.A copy of the Bid Bond must be submitted through BidSync and the original must be mailed to the following address below.Failure to submit the original within seven (7) days of request shall result in bid being deemed not responsive and not being further considered. Attn: Procurement Department City of Miami Beach City Clerk's Office 1700 Convention Center Dr., 1st Floor Miami Beach, 33139-1st Floor FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID PRICE FORM, FORM Al (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) AND 2) BID BOND WITH ITS BID SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. TAB 3: OTHER BID FORMS Submit any other form requested on the ITB Summary,including but not limited to: 1. Schedule of Values Form,APPENDIX A, Form A2. DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 TABLE OF CONTENTS SOLICITATION SECTIONS 0100 INSTRUCTIONS TO BIDDERS 0200 MINIMUM QUALIFICATIONS 0300 BID SUBMITTAL FORMAT 0400 TERMS & CONDITIONS (Under separate cover) APPENDICES: APPENDIX A- BID PRICE FORM& SCHEDULE OF VALUES APPENDIX B - PRE-AWARD FORMS APPENDIX C - CONTRACT FORM APPENDIX D - LIST OF PERMITS, PLANS, & SPECIFICATIONS APPENDIX E - POST AWARD FORMS DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 SECTION 0100—INSTRUCTIONS TO BIDDERS: 1. General. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Bidders to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Bidders and, subsequently, the successful Bidder(s) (the "contractor[s]") if this ITB results in an award. The City utilizes Bic/Sync (www.bidsync.com) for automatic notification of solicitation opportunities and document fulfillment. Any prospective bidder who has received this ITB by any means other than through BidSync is solely responsible for registering immediately with BidSync to assure it receives any addendum issued to this ITB. Additionally, prior to submittal of the bid, bidder shall verify that it has received and complied with all addenda issued. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of bid submitted. 2. Background and Scope of Work. The Project is described more fully in the Invitation to Bid Summary (and/or the (3xhibits referenced therein). 3. Abbreviations and Symbols. The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site. It is the responsibility of each Bidder before submitting a Bid, to: a. Examine the Contract Documents thoroughly. b. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. c. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. d. Study and carefully correlate Bidder's observations with the Contract Documents. e. Carefully review the Contract Documents and notify City of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Location of Work. This Scope of Work shall be completed at the Project Site/Location of the Work specified in the Invitation to Bid Summary (the "Project Site"). DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 6. Pre-Bid Interpretations. Only those questions answered by the City's Procurement Department, via written addendum to this ITB, shall be binding as to this ITB. City's answers to questions may supersede terms noted in this ITB, and in such event, such answers shall govern and control this ITB. Verbal and other interpretations or clarifications of City representatives or employees will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 7. Electronic Form of Bid. All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with Section 0300 and must be received on or before the deadline for the submittal of bids. Late bids will not be accepted and will not be considered. It is the Bidder's responsibility to account any possible delay. 8. Bid Bond. If the Invitation to Bid Summary specifies that a bid bond is required, Bidder shall submit, WITH ITS BID (fully executed), either an original bid bond, in a form acceptable to the City, executed by a surety company meeting the qualifications specified herein, in the amount of 5% of the hid amount, payable to City of Miami Beach, Florida. In the alternative, Bidder may submit a certified check or cashier's check issued by any national or state bank (United States). A copy of the Bid Bord must be submitted through BidSync and the original must be mailed to the following address below. Failure to submit the original within seven (7) days of request shall result in bid being deemed not responsive and not being further considered. Attn: Procurement Department City of Miami Beach City Clerk's Office 1700 Convention Center Dr., 1st Floor Miami Beach, 33139 - 1st Floor A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid guaranties of the unsuccessful Bidders will be returned after award to the successful bidder. 9. Prevailing Wage Rates & Local Workforce Participation. See ITB Bid Summary to determine if prevailing wages and local workforce participation are a requirement of this ITB. If required, Chapter 31, Articles II and III, of the Code of City of Miami Beach requires that the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation.Additionally,the contractor will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. Refer to Appendix B for additional information and submittal requirements of these programs, and the applicable prevailing wage table for the project. 10. Method of Award. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s).A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s)after the selected or approved bidder(s)has(or have)done so. Only the executed contract(s) will be binding on the contracting parties. 11. Contract Price. The Contract Price is to include the furnishing of all labor, materials, equipment including tools,shoring, services, permit fees, general conditions costs, applicable taxes, overhead and profit for the completion of the Work, except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s)of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 12. Florida Trench Safety Act. If the work involves trench excavations that will exceed a depth of 5 feet, the requirements of Florida Statutes, Chapter 553, Part III, Trench Safety Act, will be in effect. The Bidder, by virtue of submitting a bid, certifies that such Act will be complied with during the execution of the work. Bidder acknowledges that included in the total bid price are all costs for complying with the Florida Trench Safety Act. DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 13. Omitted or Additional Information.With exception of the Bid Price Form and the Bid Bond, if applicable, the City reserves the right to seek any omitted information/documentation or any additional information from bidder or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. SECTION 0200— MINIMUM QUALIFICATIONS AND REQUIREMENTS The Minimum Eligibility Requirements for this solicitation are listed in the ITB Bid Summary. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. Balance of Page Intentionally Left Blank DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 SECTION 0300— ELECTRONIC BID SUBMITTAL FORMAT 1. ELECTRONIC RESPONSES (ONLY). Electronic responses to this ITB are to be submitted through BidSync until the date and time as indicated in this document. It is the sole responsibility of the Proposer to ensure its proposal reaches BidSync before the Solicitation closing date and time. There is no cost to the Bidder to submit a bid in response to a City of Miami Beach solicitation via BidSync. Electronic bid submissions may require the uploading of electronic attachments. The submission of attachments containing embecded documents or proprietary file extensions is prohibited. All documents should be attached as separate files (bid format indicated below). All bid submittalsreceived and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted.Bids will be opened promptly at the time and date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. The City will only consider the latest version of the bid. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive bids will not be considered. 1. Bid Submittal Questionnaire (completed and submitted electronically) 2. Bid Price Form, Form Al 3. Bid Bond (Fully Executed) 3. OMITTED INFORMATION. The City reserves the right to request any documentation omitted, with exception of the signed Bid Price Form and Bid Bond (if applicable), which must be submitted at time of bid. Bid Submittals received with no Bid Price Form or Bid Bond (if applicable), or with an unsigned Bid Price Form or Bid Bond (if applicable), shall be deemed non-responsive. Bidder must submit any other omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the in the review of bid submittals, it is strongly recommended that bids be organized and tabbed in accordance with the tabs, and sections as specified in the below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in BidSync. TAB 1: MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS DocuSign Envelope ID:52686A22-1538-4681-B7CD-4E668A98AD42 Submit evidence, as specifically requested in the ITB Summary, of compliance with each minimum requirement(s) of this ITB. Bidders that do not comply, or for whom the City cannot verify compliance, shall be deemed non-responsive and its bid shall not be considered. TAB 2: BID PRICE FORM & BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Price Form. (APPENDIX A, Form Al). 2. Bid Bond. FAILURE TO SUBMIT THE MOST RECENT COMPLETED AND EXECUTED: 1) BID PRICE FORM, FORM Al (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) AND 2) BID BOND WITH ITS BID SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. TAB 3: OTHER BID FORMS Submit any other form requested on the ITB Summary, including but not limited to: 1. Schedule of Values Form, APPENDIX A, Form A2. Balance of Page Intentionally Left Blank DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 0400—TERMS AND CONDITIONS The following documents identify terms and conditions that together with the ITB, inclusive of all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation and the contract, and are complementary to one another and together establish the complete terms, conditions and obligations of the bidder and, subsequently, the awarded contractor. 1. SOLICITATION TERMS & CONDITIONS - SERVICES. By virtue of submitting a bid in response to this ITB, bidder agrees to be bound by and in compliance with the Solicitation Terms and Conditions (dated 4/13/20), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 2. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting a bid in response to this ITB, bidder agrees that all work shall be bound by and in compliance with the Terms and Conditions for Construction Contracts (dated 4/13/20), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ Balance of Page Intentionally Left Blank DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 APPENDIX A M I AM I BEACH Bid Price Form (Al ) MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. Schedule of Values (A2) MUST BE SUBMITTED WITH THE BID OR WITHIN THREE (3) DAYS OF THE REQUEST BY THE CITY. DocuSign Envelope ID:52686A22-1538-4681-B7C0-4E668A98AD42 Bid Price Form (Al ) Page 1 of 1 FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION. The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. The city will not accept any revision to the total base bid sum, divisions, line item totals, or add alternates, after the deadline for receipt of bids. In the event of arithmetical errors between the division or item totals in A2 and the total base bid, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. The allowance items that have been delineated below shall be used only upon the City's discretion, as needed. In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. TOTAL BASE BID AMOUNT IN FORM A2 $ 'Allowance for Trench Safety Act $25.00 Permit Allowance $10,000.0.0_ GRAND TOTAL (TOTAL BASE BID +TRENCH SAFETY + PERMIT ALLOWANCE) 'See Section 0100, Sub-section 12. Bidder's Affirmation The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein;that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees, if its Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. Bidder: Authorized Agent Name: Authorized Agent Title: Authorized Agent Signature: DocuSign Envelope ID: 52686A22-1538-4681-B7CD-4E668A98AD42 Schedule of Values (A2) Page 1 of 1 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders should fully complete the Schedule of Values Form (A2) to include quantities, units of measure, unit pricing, and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Should any bidder fail to submit this form fully completed, the City will request that the omitted information be provided within three(3) calendar days upon request from the City. Total Item Description Quantity U I M Unit Cost (Quantity_X_Unit_Cost) MOBILIZATION(Item#1) _ performing preparatory work including setting 1 LS S $ up temporary facilities,preparing shop drawing submittals, and the mobilization and demobilization to the Project site of the CONTRACTOR's construction equipment, supplies, materials, personnel, safety equipment and first aid supplies, MOT,apply for and obtaining all permits,etc.;including the costs of bonds,required insurance, and other preconstruction expenses;excluding the actual cost of permits which are paid by the City. Mobilizaticn pament:50%after mobilized,25%with the final payment;25% prorated each month 1 CLEARING AND GRUBBING(Item#2) For site work including clearing, grubbing, ' 1 LS $ $ site preparation,earthwork, excavation, sheeting, dewatering, backfilling, compaction,grading,erosion control,and other general site work in accordance with the Contract Documents;complete,the aggregate 2 sum of: DEMOLITION(Item#3) For all costs incurred for demolition,removal ' 1 LS $ $ and legal disposal of existing materials and equipment to an approved landfill and associated tipping fees, including transportation to a Department facility for salvageable items in accordance with the Contract Documents;complete,the aggregate sum of: 3 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 BIOSWALE 1 (Items#4—5) For all costs incurred for Bioswale 1 in 1 LS $ $ accordance with the Contract Documents, excluding plantings;complete,the aggregate 4 sum of: For all costs incurred for Bioswale 1 plantings 1 LS $ $ in accordance with the Contract Documents; 5 complete,the aggregate sum of: BIOSWALE 2(Items#6—7) ti For all costs incurred for Bioswale 2 in 1 LS $ $ accordance with the Contract Documents, excluding plantings;complete,the aggregate 6 sum of: For all costs incurred for Bioswale 2 plantings 1 LS $ $ in accordance with the Contract Documents; 7 complete,the aggregate sum of: BIOSWALE 3(Items#8—10) For all costs incurred for Bioswale 3 in 1 1 LS $ $ accordance with the Contract Documents, excluding plantings;complete,the aggregate 8 sum of: For all costs incurred for Bioswale 3 plantings 1 LS $ $ in accordance with the Contract Documents; 9 complete,the aggregate sum of: For all labor and material incurred for 60 CY $ $ Bioswale 3 concrete swale bottom in accordance with the Contract Documents; 10 complete,the aggregate sum of: AS-BUILT DRAWINGS(Item#11) 11 As-Built Drawings 1 LS I $ $ TOTAL BASE BID AMOUNT(Line Items 1-11) $ II quantities are approximate. Contractor shall be responsible to verify all quantities and inform the City of Miami Beach o' .n discre.ancies. In addition 'lease refer to Invitation to Bid Summa for additional s.ecial conditions. Bidder: Initials: DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 APPENDIX B M I AM I BEACH Pre-Award Forms B1 Bid Bond MUST BE SUBMITTED WITH THE BID. FAILURE TO DO SO WILL RENDER BID NON-RESPONSIVE. DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 BID BOND (B1 ) Page 1 of 2 KNOW ALL MEN BY THESE PRESENTS,that we, as Principal, hereinafter referred to as Contractor,and as Surety,are held and firmly bound unto the City of Miami Beach, Florida, as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of five percent (5%) of the Contractor's Base Bid amount of$ lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor, materials, equipment, machinery,tools, apparatus, means of transportation for,and the performance of the Work covered in the Bid Documents which include the Project Manual,the detailed Plans and Specifications, and any Addenda thereto, for the following solicitation. Bid No.: Title: WHEREAS,it was a condition precedent to the submission of said Bid that a cashier's check,certified check, or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Contractor would, if awarded the Contract,enter into a written Contract with the City for the performance of said Contract, within ten (10)consecutive calendar days after notice having been given of the Award of the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor within ten (10) consecutive calendar days after notice of such acceptance, enters into a written Contract with the City and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of North Miami and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Contractor. DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 BID BOND (B1 ) Page 2 of 2 IN WITNESS WHEREOF, the said Principal and the said Surety have duly executed this bond the day of ,20 . ATTEST: PRINCIPAL: (Contractor Name) Signature Signature Print Name Print Name(Principal) Title Title COUNTERSIGNED BY RESIDENT FLORIDA SURETY: AGENT OF SURETY: Signature (Surety Name) Print Name Attorney-in-Fact(Print Name) Signature (CORPORATE SEAL) (Power of Attorney must be attached.) DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 APPENDIX C M I AM I B E AC H Contract DocuSign Envelope ID: 52686A22-1538-4661-B7CD-4E668A98AD42 CONTRACT THIS CONTRACT ('Contract") is made and entered into as of the day of , 2020, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and (the "Contractor"): WTTNESSETH, that the Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB No. and Title: The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. In consideration of these premises, the City hereby agrees to pay to the Contractor for the said work, when fully completed, the total maximum sum of [ Base Bid below + allowance account iternsi dollars ($ ) (the "Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid $ Total Allowance Account Items $ Total Owner's Contingency $ DocuSign Envelope ID: 52686A22-1538-4661-B7CD-4E668A98AD42 The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Partial and Final Payments will be made as provided for in the Contract Documents. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand- delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City Public Works Department 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Aaron Osborne/Roy Coley With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Attn: DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA By: Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager [seal] ATTEST: [INSERT CONTRACTOR NAME] By: Name: Name: [seal] DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 APPENDIX D M I AM I BEACH Permits, Plans, & Specifications DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 APPENDIX E M I AM I B E AC H Post Award Forms DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 MIAMI BEACH FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documerts; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL '=ORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety(90)days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s)was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA SS COUNTY OF MIAMI-DADE Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 PERFORMANCE AND PAYMENT BOND FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractors obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, cr amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1)year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. Consultant BY DATE DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 . DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 Detail by FEI/EIN Number DIVISION OF CORPORATIONS 444C YEICA3 f .org cPJ�ls�'��r�� r , an official State of Florida Ivrbsue Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number/ search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=842542881 P1900... 1/2 DocuSign Envelope ID: 52686A22-1538-4681-B7CD-4E668A98AD42 Detail by FEI/EIN Number Detail by FEI/EIN Number Florida Profit Corporation MUNICIPAL CONTRACTORS INC Filing Information Document Number P19000058288 FEI/EIN Number 84-2542881 Date Filed 07/16/2019 State FL Status ACTIVE Principal Address 8958 CYPRESS GROVE LANE WEST PALM BEACH, FL 33411 Mailing Address 8958 CYPRESS GROVE LANE WEST PALM BEACH, FL 33411 Registered Agent Name&Address PAULITSCH, DAVID 8958 CYPRESS GROVE LANE WEST PALM BEACH, FL 33411 Officer/Director Detail Name &Address Title P PAULITSCH, DAVID 8958 CYPRESS GROVE LANE WEST PALM BEACH, FL 33411 Annual Reports Report Year Filed Date 2020 05/21/2020 Document Images 05/21/2020—ANNUAL REPORT View image in PDF format 07/16/2019—Domestic Profit View image in PDF format _J search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=/nidal&searchNameOrder=842542881 P1900... 2/2 CI A DocuSignEnvelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 - BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No: Solicitation Title: 2021-028-AY 59th Street Bioswale BIDDER'S NAME:MUNICIPAL CONTRACTORS,INC NO.OF YEARS IN BUSINESS:1 NO.OF YEARS IN BUSINESS LOCALLY:1 NO.OF EMPLOYEES:13 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:NA BIDDER PRIMARY ADDRESS(HEADQUARTERS):8958 CYPRESS GROVE LANE CITY:WEST PALM BEACH STATE:FL ZIP CODE:33411 TELEPHONE NO.:561-951-0033 TOLL FREE NO.:NA FAX NO.:954-302-8801 BIDDER LOCAL ADDRESS:3710 PARK CENTRAL BLVD NORTH CITY:POMPANO BEACH STATE:FL ZIP CODE:33064 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:DAVID SCOT PAULITSCH ACCOUNT REP TELEPHONE NO.:440-477-8641 ACCOUNT REP TOLL FREE NO.:NA ACCOUNT REP EMAIL:SCOT@MUNICONTRACTORS.COM FEDERAL TAX IDENTIFICATION NO.:84-2542881 By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this solicitation,all specifications, attachments,exhibits and appendices and the contents of any Addenda released hereto; b)to be bound, at a minimum,to any and all specifications, terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the bid pertains; and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: DAVID SCOT PAULITSCH PRESIDENT SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM Bid_Submittal_Questionnaire_-_CONSTRUCTION_8 3 60447.htm[1/15/2021 11:08:13 AM] Clrv!NT aXi A It nrrr-rr rn,nm• DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e- procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt DSP Addendum 1 Addendum 6 Addendum 11 DSP Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. SECTION 3 - QUESTIONNAIRE 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company, below. Submit additional names on a separate sheet if required. Owner Ownership percentage Directorship/Office type DAVID SCOT PAULITSCH 100 PRESIDENT 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2021-028-AY Project Title 59th Street Bioswale Reference No.1 Firm Name:GIANNETTI CONTRACTING CORPORATION Contact Individual Name and Title: RICHIE GIBBS, PRESIDENT Address: 1801 NW 18TH STREET POMPANO BEACH,FL 33069 Telephone:954-972-8104 Bid_Submittal_Questionnaire__CONSTRUCTION_8360447.htm[1/15/2021 11:08:13 AM] DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 Contact's Email: RICHIE@GIANNETTICORP.COM Narrative on Scope of Services Provided: UEP NORTH#2-CONTRACTS 8&9 CITY OF CAPE CORAL SUBGRADE STABILIZATION,LIME ROCK INSTALLATION,FINE GRADING,COMPACTION,PAVEMENT PLANING,CLEANING, PAVEMENT REPAIRS,ASPHALT OVERLAY Reference No.2 Firm Name:REYNOLDS CONSTRUCTION Contact Individual Name and Title: PATRICK STALKER, PROJECT MANAGER Address:6225 N COUNTY RD 75 E ORLEANS, IN 47452 Telephone:812-583-1455 Contact's Email: PATRICK.STALKER@REYNOLDSCON.COM Narrative on Scope of Services Provided: PEACE RIVER INTEGRATED LOOP SYSTEM HDD 31804 SUBGRADE STABILIZATION,LIME ROCK INSTALLATION,FINE GRADING,COMPACTION,PAVEMENT PLANING,CLEANING, PAVEMENT REPAIRS,ASPHALT OVERLAY,CONCRETE APRONS,CONCRETE MES Reference No.3 Firm Name:ALL COUNTY PAVING,LLC Contact Individual Name and Title:AIDAN O'BOYLE, PROJECT MANAGER Address: 1180 SW 10TH STREET DELRAY BEACH, FL 33444 Telephone: 561-588-0949 Contact's Email:AOBOYLE@ALLCOUNTYPAVING.COM Narrative on Scope of Services Provided: BROOKSVILLE HOSPITAL ROADWAY RECONSTRUCTION DEMOLITION, EROSION CONTROL, MAINTENANCE OF TRAFFIC,SUBGRADE STABILIZATION, LIME ROCK INSTALLATION, FINE GRADING,TRENCH DRAIN,STORM DRAIN,STORM SEWER,RESTORATION Additional Reference Firm Name: Bid_Submittal_Questionnaire_-_CONSTRUCTION_8360447.htm[1/15/2021 11:08:13 AM] CI A DocuSignEnvelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? DYES 0 NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? DYES 0 NO If yes,why? 5. Is the applicant company currently barred by a governmental agency,from bidding work as a prime or subcontractor? DYES 0 NO If yes,state debarment period and the reason(s)for debarment? 6. Has a surety completed, or paid for completion, of a project on behalf of the applicant company,within the last five(5)years? DYES 0 NO If yes,why? 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five(5)years? OYES 0 NO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? DYES 0 NO If yes,state the name of the affiliate? 9. Is the applicant company a parent,subsidiary, or holding company for another construction company? OYES 0 NO Bid_Submittal_Questionnaire_-_CONSTRUCTION_8360447.htm[1/15/2021 11:08:13 AM] CTR,/NC A.,A 14T TIT A!`T T nr nnT,A ll DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 If the answer is"yes,"identify the company and type of relationship(s),below: Company Type of affiliation (parent or subsidiary) Period of affiliation 10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? ❑YES D NO If the answer is"yes,"provide the following information for each individual and the affiliated company. Individual's name Affiliated company's name Period of Type of affiliation (e.g. affiliation officer,director,owner or employee) 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five(5)years? D YES D NO If yes,explain and attach,as applicable, the relevant case and court documents,including(but not limited to):the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12.Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five(5) years? ❑YES D NO If yes,explain and attach a copy of the discharge order,order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. 13. Has any owner,director,officer,or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? DYES ❑NO If yes,explain. BURTON SCOT CONTRACTORS, LLC 11330 KINSMAN ROAD NEWBURY, OH 44065 440-564-1011 DISSOLVED OWNERSHIP 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years, whether the project was publicly or privately owned? D YES D NO If yes,explain. Bid Submittal Questionnaire - CONSTRUCTION 8360447.htm[1/15/2021 11:08:13 AM] CiTv(ST'1ITA1!TTIT'A(,TT Cl(STITT,A l DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 15.Are there currently any liens, suits, or judgments of record pending against any owner, director,officer,or agent for the company that is related to construction activities of a business organization? OYES D NO If yes,explain. 16. Has the applicant company or any of its owners,officers,or partners ever been convicted(criminal)or found liable (civil)for making either a false claim or material misrepresentation to any public agency or entity? OYES D NO If yes,explain. 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? OYES D NO If yes,explain. 18. Is any officer, director, employee or agent, or immediate family member(spouse, parent, sibling, and child)of any officer, director, employee or agent,an employee of the City of Miami Beach? OYES D NO If yes,state name,title and share of ownership Name Title Share (%)of Ownership 19. Has the applicant, or any officer, director, employee or agent, contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? ❑YES D NO If yes,list name(first and last name)of individuals,occupation,amount and date: First and Last Name Contributor Occupation Amount Date of Contribution 1 2 3 4 5 6 7 8 9 20. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality,gender identity, sexual orientation,marital or familial status,age or disability.Does the applicant agree to be comply with this prohibition? DYES ❑N0 21. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). OYES D NO Bid_Submittal_Questionnaire_-_CONSTRUCTION_8360447.htm[1/15/2021 11:08:13 AM] CI A , DocuSignEnvelopeID:52686A22-1538-46B1-B7CD-4E668A98AD42 Certifying Agency Certification Type 22. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide "Equal Benefits' to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, bu'outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? OYES ❑NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? OYES ❑NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner,such as medical insurance. Company Provides Company Provides for Employees with for Employees with Company does not Benefit Spouses Domestic Partners Provide Benefit Health X X Sick Leave X X Family Medical Leave X X Bereavement Leave X X 23. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? ❑YES ❑NO If yes,explain. 24. Financial Capacity. When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall he the responsibility of the bidder.The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three(3)days of request. Bid Submittal Questionnaire - CONSTRUCTION 836044 7.htm[1/15/2021 11:08:13 AM] DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 DPX Form Supplier Response Form BID SUBMITTAL QUESTIONNAIRE-CONSTRUCTION SECTION 1 -BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No Sohctakoi Tile: 2021-028-AY 59th Sl Beet Bioswale BIDDER'S NAME: MUNICIPAL CONTRACTORS, INC NO.OF YEARS IN BUSINESS: 1 NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: 1 13 OTHER NAMEIS)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: NA BIDDER PRIMARY ADDRESS(HEADQUARTERS): 8958 CYPRESS GROVE LANE CITY WEST PALM BEACH STATE. FL ZIP CODE: 33411 TELEPHONE NO.: 561-951-0033 TOLL FREE NO.: NA FAXNO.: 954-302-8801 BIDDERLOCALADDRESS: 3710 PARK CENTRAL BLVD NORTH CITY: POMPANO BEACH STATE. FL ZIP CODE: 33064 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT DAVID SCOT PAULITSCH ACCOUNT REP TELEPHONE NO.: 440-477-8641 ACCOUNT REP TOLL FREE NO.: NA ACCOUNT REP EMAIL: SCOT@MUNICONTRACTORS.COM FEDERAL TA)(IDENTIFICATION NO.: 84-2542881 By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this solicitation,all specifications.attachments,exhibits and appendices and the contents of any Addenda released hereto:b)to be bound,at a minimum,to any and all specifications,terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida,for the performance of all requirements to which the bid pertains;and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. I I I https://www.bidsync.com/DPXViewer/Bid Submittal Questionnaire_-_CONSTRUCTION_8360447.htm?ac=supresponse&auc=2064444&docid=8362... 1/10 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: DAVID SCOT PAULITSCH PRESIDENT SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation,the City may release one or more addendum to the solicitation,which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e- procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt DSP Addendum 1 Addendum 6 Addendum 11 DSP Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. SECTION 3-QUESTIONNAIRE 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company, below. Submit additional names on a separate sheet if required. Ownership percentage Directorship/Office type DAVID SCOT PAULITSCH 100 PRESIDENT 2.Provide at least three(3)references of work similar in size and nature as the work referenced in solicitation. Project No. 2021-028-AY Project Title 59th Street Bioswale Reference No.1 Firm Name: GIANNETTI CONTRACTING CORPORATIC * Contact Individual Name and Title: RICHIE GIBBS, PRESIDENT * https://www.bidsync.com/DPXViewer/Bid_Subm ittal_Questionnaire_-_CONSTRUCTION_8360447.htm?ac=supresponse&auc=20644448docid=8362... 2/10 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form 1801 NW 18TH STREET POMPANO BEACH, FL 33069 Address: Telephone: 954-972-8104 Contact's Email: RICHIE@GIANNETTICORP.COM Narrative on Scope of Services Provided: UEP NORTH #2 - CONTRACTS 8 & 9 CITY OF CAPE CORAL SUBGRADE STABILIZATION, LIME ROCK A` INSTALLATION, FINE GRADING, COMPACTION, PAVEMENT PLANING, CLEANING, PAVEMENT Reference No.2 Firm Name: REYNOLDS CONSTRUCTION " Contact Individual Name and Title: PATRICK STALKER, PROJECT MANAGER 6225 N COUNTY RD 75 E ORLEANS, IN 47452 Address: Telephone: 812-583-1455 Contact's Email: PATRICK.STALKER@REYNOLDSCON.CON Narrative on Scope of Services Provided: PEACE RIVER INTEGRATED LOOP SYSTEM HDD 31804 SUBGRADE STABILIZATION, LIME ROCK INSTALLATION, FINE GRADING, COMPACTION, PAVEMENT PLANING, CLEANING, PAVEMENT Reference No.3 Firm Name: ALL COUNTY PAVING, LLC Contact Individual Name and Title: AIDAN O'BOYLE, PROJECT MANAGER 1180 SW 10TH STREET DELRAY BEACH, FL 33444 Address: Telephone: 561-588-0949 Contact's Email: AOBOYLE@ALLCOUNTYPAVING.COM Narrative on Scope of Services Provided: BROOKSVILLE HOSPITAL ROADWAY RECONSTRUCTION DEMOLITION, EROSION CONTROL, MAINTENANCE OF TRAFFIC, SUBGRADE STABILIZATION, LIME • ROCK INSTALLATION, FINE GRADING, TRENCH https://www.bidsync.com/DPXViewer/Bid_Subm ittal_Questionnaire_-_CONSTRUCTION_8360447.htm?ac=supresponse&auc=2064444&docid=8362... 3/10 DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: 3. Has the applicant company's construction license(s)been revoked during the last five(5)years? YES O NO If yes,why? 4. Have any owners, directors, officers, or agents of the applicant company had a license revoked during the last five(5)years? YES ONO If yes,why? 5.Is the applicant company currently barred by a governmental agency,from bidding work as a prime or subcontractor? YES O NO If yes,state debarment period and the reason(s)for debarment? 6.Has a surety completed, or paid for completion, of a project on behalf of the applicant company,within the last five(5)years? YES O NO If yes,why? https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire_-_CONSTRUCTION_8360447.htm?ac=supresponse&auc=2064444&docid=8362... 4/10 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5)years? YES ONO If yes,why? 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? l YES O NO If yes,state the name of the affiliate? 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? OYES ONO If the answer is"yes,"identify the company and type of relationship(s),below: Coma" Tyr,- 10. yr10. Is an owner,director,officer,or agent of the applicant company affiliated with another company? OYES ONO If the answer is"yes,"provide the following information for each individual and the affiliated company. individual's name Affiliated company's name Period of Type of affiliation(e.g. affiliation officer director,owner or employee 11.Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5)years? "ES O NO https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire_-_CONSTRUCTION_8360447.htm?ac=supresponse&auc=2064444&docid=8362... 5/10 DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form If yes.explain and attach.as applicable, the relevant case and court documents,including(but not limited to):the original petition,including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. 12.Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five(5) years? OYES ONO If yes,explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case,a copy of the notice of commencement. 13.Has any owner,director,officer,or agent of the applicant company owned or managed a construction company under any other name in the last five(5)years? "ES NO If yes,explain. BURTON SCOT CONTRACTORS, LLC 11330 KINSMAN ROAD NEWBURY, OH 44065 440-564-1011 DISSOLVED OWNERSHIP 14.Has the applicant company been assessed or paid liquidated damages on any project during the past five(5)years,whether the project was publicly or privately owned? YES NO If yes,explain. 15.Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to construction activities of a business organization? YES 0 NO If yes.explain. 16.Has the applicant company or any of its owners, officers,or partners ever been convicted (criminal)or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? -YES O NO If yes,explain. https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire_-_CONSTRUCTION_8360447.htm?ac=supresponse&auc=2064444&docid=8362... 6/10 DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 DPX Form 17.Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? `'ES O NO If yes.explain. 18. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent,an employee of the City of Miami Beach? YES O NO If yes,state name,title and share of ownershjp Title c.bare(%)of ownership 19. Has the applicant,or any officer,director,employee or agent,contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach? LiYES ONO If yes.list name(first and last name)of individuals,occupation,amount and date: First and Last Name Contributor Occupation Date of 1 2 3 4 5 6 7 8 9 20. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin, religion, sex, intersexuality, gender identity,sexual orientation,marital or familial status,age or disability.Does the applicant agree to be comply with this prohibition? O YES NO 21. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service-disabled veteran business enterprise(certified by the United States Department of Veterans Affairs). OYES NO Certifying Ager Certification Type https://www.bidsync.com/DPXViewer/Bid Submittal Questionnaire CONSTRUCTION_8360447.htm?ac=supresponse&auc=2064444&docid=8362... 7/10 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form 22.Equal Benefits for Employees with Spouses and Employees with Domestic Partners.Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 to provide"Equal Benefits"to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a supplier who works within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does the applicant provide or offer access to any benefits to employees with spouses or to spouses of employees? D YES ONO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? D YES ONO C. Please check all benefits that apply to your answers above and list in the 'other"section any additional benefits not already specified.Note:some benefi provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spot domestic partner.such as medical irsurance. Company Provides Company Provide-, for Employees with for Employees with Company i wi f''"O"`f"R "r-ft Bene" Spouses 'estic Partners Health x x Sick Leave x x Family Medical Leave x x Bereavement Leave x x 23.Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi.Pursuant to Resolution 2016-29375, the City of Miami Beach,Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in North Carolina or Mississippi? YES D NO If yes,explain. 24. Financial Capacity. When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR)directly to the City. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp(wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process, contact Dun&Bradstreet at 800-424-2495. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three(3)days of request. https://www.bidsync.com/DPXViewer/Bid Submittal Questionnaire__CONSTRUCTION_8360447.htm?ac=supresponse&auc=2064444&docid=8362... 8/10 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form https://www.bidsync.com/DPXViewer/Bid_Subm ittal_Questionnai re_-_CONSTRUCTION_8360447.htm?ac=supresponse&auc=20644448docid=8362... 9/10 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 DPX Form Please enter your password below and click Save to update your response. Please be aware that typing in your password acts as your electronic signature,which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) To take exception: 1)Click Take Exception. 2)Create a Word document detailing your exceptions. 3)Upload exceptions as an attachment to your offer on BidSync's system. By completing this form,your bid has not yet been submitted. Please click on the place offer button to finish filling out your bid. Usemame scot@municontractors.com Password " Take Exception I Close 1 *Required fields https://www.bidsync.com/DPXViewer/Bid_Submittal_Questionnaire=_CONSTRUCTION_8360447.htm?ac=supresponse&auc=20644448docid=836... 10/10 DocuSign Envelope ID:52686A22-1538-4661-B7CD-4E668A98AD42 ,-411111111101111111111MUNICIPAL — CONTRACTORS — December 11, 2020 City of Miami Beach Procurement Department 1755 Meridian Ave.,3rd. Floor Miami Beach, FL 3139 Attn:Arju Yudasto, MPA Procurement Contracting Officer 1 Re: ITB 2021-028-AY Additional Responsiveness Mr. Yudasto: Per your request for the above project, we offer the following previous experience for Municipal Contractors, Inc.: 1. Owner: City of Cape Coral General Contractor:Giannetti Construction Corporation Location: UEP North#2–Contracts 8& 9,Cape Coral, FL Contact Name: Richie Gibbs Telephone:954-999-2680 Email: richie@giannetticorp.com Contract Amount: $505,411.00 Completion Date:05/2020 Scope: Perform roadway project including drainage, engineered soil for vegetation, landscaping installation, provide 12" subgrade stabilization, 6" lime rock installation,fine grading. 2. Owner: Peace River Manasota Regional Water Supply Authority General Contractor: Reynold's Construction, LLC Location: Peace River Integrated Loop System HDD 31804, Punta Gorda, FL Contact Name: Patrick Stalker Telephone:812-583-1455 Email: Patrick.stalker@reynoldscon.com Contract Amount: $236,771.00 Completion Date: 10/2020 Scope:Perform highway project including drainage, engineered soil for vegetation, landscape restoration, provide 12" subgrade stabilization, 6" lime rock installation, fine grading, concrete MES and concrete driveways. 3. Owner: Brooksville Hospital General Contractor:All County Paving continued 8958 Cypress Grove Lane West Palm Beach, FL 33411 Equal Opportunity Employer* Drug Free Workplace CGC 1528070 DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 Page 2 of 2 Municipal Contractors ITB-2021-028-AY Location: Brooksville Hospital Roadway Reconstruction, Brooksville, FL Contact Name:Aiden O'Boyle Telephone: 561-588-0949 Email:Aoboyle@allcountypaving.com Contract Amount: $125,000.00 Completion Date: 11/2019 Scope: Roadway improvement project including drainage, sidewalks, curbs, demo existing conditions, erosion control, maintain traffic, 12"subgrade stabilization,6" lime rock installation,fine grading and compaction, trench drain and storm drain installation, soils installation, and landscaping. The following are roadway drainage project references for Jack J. Hiller,our designated Project Manager for this project: 1. Owner:Geauga Ohio County Engineers Location: Pekin Road Chester Township Contact:Allen Prescott-Geauga County Engineers Telephone: 216-218-2896 E-mail:aprescott@co.geauga.oh.us Contract Amount: $149,900.00 Date of completion:September 2018 Scope: Drainage improvement project including pavement removal,flexible pavement replacement, aggregate subbase, guardrail items, maintenance of traffic, landscape soils, landscaping, including site restoration. Duties Performed: Project Superintendent Directing All Daily On-Site Construction Activities 2. Owner:Somerset County Commissioners Location: Somerset County, Pinkerton Tunnel Rehabilitate Contact: Brett Hollern, Somerset County Commissioner Telephone: 814-445-1572 Contract Amount:$2,000,000.00 Date of Completion: 12-15-15 Scope: Rehabilitate 850' long railroad tunnel, install reinforced concrete foundations, underdrains,geocomposite drainage system,galvanized steel arch system, polyurethane foam fill, pedestrian trail grading, soil for landscaping, land scaping and site restoration. Duties Performed: Project Superintendent Directing All Daily On-Site Construction Activities. Please note we did not include reference for seawall construction as this project does not include seawall work items. Sincerely, N1ll�CIP�1/L CONTRACT RS, I C David Scot Paulitsch President 0 0 0 City of Miami Beach Bid 2021-028-AY a m 0 T_ Bid Price Form (A l ) CD Page l of i FAILURE TO SUBMIT THIS BID PRICE FORM FULLY COMPLETED AND EXECUTED ON OR BEFORE THE DUE DATE FOR BIDS SHALL RENDER THE BID NON-RESPONSIVE AND BIDDER SHALL RECEIVE NO FURTHER CONSIDERATION, N The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, shoring, supervision, mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. The city will not accept any revision to the total base bid sum, divisions, line item totals, or add alternates, after the co deadline for receipt of bids. co In the event of arithmetical errors between the division or item totals in A2 and the total base bid, o the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost,the City shall interpret as no bid for the division, which may disqualify bidder. The allowance items that have been delineated below shall be used only upon the City's discretion, as needed. In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. TOTAL BASE BID AMOUNT IN FORM A2 $399 700.00 'Allowance for Trench Safety Act $25.00 Permit Allowance $10,000.00 GRAND TOTAL (TOTAL BASE BID + TRENCH SAFETY + PERMIT ALLOWANCE) $409,725.00 'See Section 0100, Sub-section 12. Bidder's Affirmation The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein;that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees, if its Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. Bidder: Municipal Contractors, Inc. Authorized Agent Name: David Scot Paulitsch Authorized Agent Title: President, Authorized Agent Signature: 7) ":,7//7t,,-716C4----1 10/29/2020 8.15 AM p.30 0 0 0 co City of Miami Beach Bid 2021-028-AY ca. In Schedule of Values (A2) Pa•elofl 0 MUST BE SUBMITTED WITH THE BID OR WITHIN 3 DAYS OF REQUEST BY THE CITY. The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders N should fully complete the Schedule of Values Form (A2) to include quantities, units of measure, unit pricing,and totals. The cost of any item(s)of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bido is to be multiplied by the stated quantity requirements in order to arrive at the total. 0 rn Should any bidder fail to submit this form fully completed, the City will request that the omitted information be provided within three(3)calendar days upon request from the City. 0 Total Item Description Quantity U I M Unit Cost (Quantity_X Unit_Cost) MOBILIZATION(Item#1) performing preparatory work including setting 1 LS $37,210.00 $37,210.00 up temporary facilities,preparing shop drawing submittals,and the mobilization and demobilization to the Project site of the CONTRACTOR's construction equipment, supplies, materials, personnel, safety equipment and first aid supplies,MOT,apply for and obtaining all permits,etc.;including the costs of bonds,required insurance, and other preconstruction expenses;excluding the actual cost of permits which are paid by the City. Mobilization pament:50%after mobilized,25%with the final payment;25% prorated each month 1 CLEARING AND GRUBBING(Item#2) For site work including clearing, grubbing, 1 LS $ 42 800.00 $ 42,800.00 site preparation,earthwork, excavation, sheeting, dewatering, backfilling, compaction,grading,erosion control,and other general site work in accordance with the Contract Documents;complete,the aggregate 2 sum of: DEMOLITION(Item#3) For all costs incurred for demolition,removal 1 LS $23,350.00 $23,350.00 and legal disposal of existing materials and equipment to an approved landfill and associated tipping fees,including transportation to a Department facility for salvageable items in accordance with the Contract Documents;complete,the aggregate sum of: 3 1012912020 8:15 AM p.31 0 0 0 cn City of Miami Beach Bid 2021-028-AY zi- p m BIOSWALE 1 (Items#4—5) For all costs incurred for Bioswale 1 in 1 LS $67,890.00 $ 67,890.00 accordance with the Contract Documents, N excluding plantings;complete,the aggregateCO 4 sum of: Cr) For all costs incurred for Bioswale 1 plantings 1 LS $5,335.00 $5,335.00 in accordance with the Contract Documents; 5 complete,the aggregate sum of: BIOSWALE 2(Items#6-7) o_ For all costs incurred for Bioswale 2 in 1 LS $63,280.00 $63,280.00 00 accordance with the Contract Documents, excluding plantings;complete,the aggregate 6 sum of: rn For all costs incurred for Bioswale 2 plantings 1 LS $ 5,335.00 $ 5,335.00 v in accordance with the Contract Documents; 03 7 complete,the aggregate sum of: o A BIOSWALE 3(Items#8—10) For all costs incurred for Bioswale 3 in 1 LS $131,500.00 $131,500.00 accordance with the Contract Documents, excluding plantings;complete,the aggregate 8 sum of: For all costs incurred for Bioswale 3 plantings 1 LS $ 4,900.00 $ 4,900.00 in accordance with the Contract Documents; 9 complete,the aggregate sum of: For all labor and material incurred for 60 CY $ 210.00 $ 12,600.00 Bioswale 3 concrete swale bottom in accordance with the Contract Documents; 10 complete,the aggregate sum of: AS-BUILT DRAWINGS Item#11 11 As-Built Drawings 1 LS $5,500.00 $5,500.00 TOTAL BASE BID AMOUNT (Line Items 1-11) $399 700.00 II quantities are approximate.Contractor shall be responsible to verify all quantities and inform the City of Miami Beach o an discrepancies. In addition please refer to Invitation to Bid Summary for additional s•ecial conditions. Bidder: -Municipal Contractors Initials ; 10/29/2020 8:15 AM p.32 0 0 cnC City of Miami Beach Bid 2021-028-AY 0 CD CD BID BOND (B1) Page 1 of 2co KNOW ALL MEN BY THESE PRESENTS,that we, Municipal Contractors, Ir,c_as Principal, hereinafter referred to as Contractor, and Old Republic Surety Company as Surety,are held and firmly bound unto the City of Miami Beach, Florida, as a municipal corporation of the State of Florida, hereinafter called the City,in 00 the sum of five percent(5%)of the Contractor's Base Bid amount of$FIVE PERCENT OF AMOUNT BID(5%) lawful money of the United States of America, for the payment of which well and truly to be made, we bind o ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor,materials, equipment,machinery,tools,apparatus,means of transportation for,and the N performance of the Work covered in the Bid Documents which include the Project Manual,the detailed Plans and Specifications,and any Addenda thereto,for the following solicitation. Bid No.: 2021-028-AY Title: 59th Street Bioswale WHEREAS,it was a condition precedent to the submission of said Bid that a cashier's check,certified check, or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the Contractor would,if awarded the Contract,enter into a written Contract with the City for the performance of said Contract,within ten(10)consecutive calendar days after notice having been given of the Award of the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, tha°if the Contractor within ten (10)consecutive calendar days after notice of such acceptance, enters into a written Contract with the City and furnishes the Performance and Payment Bonds,satisfactory to the City,each in an amount equal to one hundred percent(100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void;otherwise the sum herein stated shall be due and payable to the City of North Miami and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America,as liquidated damages for failure thereof of said Contractor. 10129/2020 8:15 AM P.34 0 0 C, c CQ' City of Miami Beach Bid 2021-028-AY CD 0 CD cn BID BOND (B1 ) oo Page 2 of 2 N IN WITNESS WHEREOF,the said Principal and the said Surety have,July executed this W bond the co 1:ith day of Nnvamher 20 20. W W ATTEST: PRINCIPAL: Municpal Contractors, Inc. m CO (7)Nesrie)67c—yetCO Sig P.tura Siggature cAGK J . v41vioScar Rue rscrd Print Name Print ame(Principal) E P� 7/M47o't • Pi4E516ENT Title Title COUNTERSIGNED BY RESIDENT FLORIDA SURETY: AGENT OF SURETY: Old Repub is Surety Company Signature L (Surety Name) Angelo G. Zervos Gus E. Zervos,Attorney-in-Fact Print Name Attomiy-In-Fact(Print Name) Signature (CORPORATE SEAL) (Power of Attorney must be attached.) 10/2912020 8:16 AM p.35 * .. * 0 * OLD REPUBLIC SURETY COMPANY *** POWER OF ATTORNEY 0 a KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: o Ul GUS E.ZERVOS,STEPHEN M.ZERVOS,DAVID C LANGE,ANGELO G ZERVOS,MICHAEL G ZERVOS,DONALD W BURDEN,OF SOUTHFIELD,MI CT) CO CT) N N its true and lawful Attomey(s)-in-Fact,with full power and authority, for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof, (other than bail bonds,hank co depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,hazardous waste remediation bonds Opo or black lung bonds). as follows: ALL WRITTEN INSTRUMENTS 0 m m rn rn and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and D sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,reeognizanccs,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and scaled(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned andscalcd(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and scaled(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits ofihe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 10TH day of SEPTEMBER,2020. . OLD REPUBLIC SURETY COMPANY 444.0.44. 44*.frirtz Assistant Secretary $ SEAL STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS `mow, • President On this 10TH day of SEPTEMBER,2020 ,personally came before me, Alan Pavl►e and Karen J Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation��/Vj�� LASgliL • is N„./.1 ���� . ,,"ea`ec; Notary Public My commission expires: 9/28/2022 CERTIFICATE (Expiration of notary commission does not invalidate this Instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,arc now in force. 46-5195 "rue�; Signed and scaled at the City of Brookfield,W t this 13th day o fNovetnbe r 20 20 o SEAL + 442't,ea-CZt.. Assistant Secretary ZERVOS GROUP,INC. 2851-W POAORS 012020 DocuSign Envelope ID:52686A22-1538-4681-B7CD-4E668A98AD42 ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID:52686A22-1538-46B1-B7CD-4E668A98AD42 INSURANCE REQUIREMENTS The Contractor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers'Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than$1,000,000 per accident for bodily injury or disease.Should the Contractor be exempt from this Statute,the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract.The exempt contractor shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers'Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis,including products and completed operations, property damage,bodily injury and personal&advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. C. Automobile Liability Insurance covering any automobile,if Contractor has no owned automobiles, then coverage for hired and non-owned automobiles,with limit no less than$1,000,000 combined per accident for bodily injury and property damage. D. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to,or stored on or off the Project Site,which is to be used (installed into a building or structure)in the Project. (City of Miami Beach shall Named as a Loss Payee on this policy,as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability Insurance in an amount no less than$2,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability(if project involves environmental hazards),with limits no less than$1,000,000 per occurrence or claim,and$2,000,000 policy aggregate. Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of work or operations performed on behalf of the contractor including materials,parts,or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled,except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation—Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. DocuSign Envelope ID: 52686A22-1538-46B1-B7CD-4E668A98AD42 INSURANCE REQUIREMENTS Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements,or copies of the applicable insurance language,effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance,endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-rnamibeach a(�riskworks.com Special Risks or Circumstances-The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this agreement.