HomeMy Public PortalAbout2023-32 Selecting U.S. Lubricants LLC for stormwater utility maintenance servicesRE SO L U T IO N N O . 2023-32
A RE SO L U T IO N O F T H E V IL L A G E C O UN C IL O F TH E
V IL L A G E O F K E Y B ISC A Y N E , FL O RI D A , SE L E C T IN G
U .S. L U B RI C A N T S L L C FO R ST O RM W A T E R U T IL IT Y
M A IN T E N A N C E SE R V IC E S IN A N A M O U N T N O T T O
E X C E E D $226,792.00 A N N U A L L Y ; PR O V ID IN G F O R
A U T H O R IZ A T IO N ; A N D PR O V ID IN G FO R A N
E F F E C T IV E D A T E .
W H E RE A S, the Village of Key Biscayne (the "Village") issued Invitation to Bid No. 2022-
18 (the "ITB") for stormwater utility maintenance services, including, but not limited to, cleaning
of catch basins, manholes, drains, exfiltration trenches, outfalls, and pollution control boxes, and
closed circuit television (CCTV) inspections (the "Services"); and
W H E R E A S, four sealed bids were received by the ITB deadline; and
W H E RE A S, after review and evaluation of the submitted bids, the Village Manager
recommended that U.S. Lubricants LLC (the "Contractor") be selected to perform the Services as the
lowest responsive and responsible bidder; and
W H E RE A S, the Village Council desires to select the Contractor to provide the Services
and authorize the Village Manager to negotiate and execute an agreement with the Contractor in
an amount not to exceed $226,792.00 annually, consistent with the Contractor's bid attached
hereto as Exhibit "A;" and
W H E RE A S, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
N O W , T H E RE F O RE , B E IT RE SO L V E D B Y T H E V IL L A G E C O U N C IL O F TH E
V IL L A G E O F K E Y B ISC A Y N E , FL O RI D A , A S FO L L O W S :
Section 1. R eci tals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
S e c tion 2.
Services.
Section 3.
Selection. That the Village Council hereby selects the Contractor for the
Authorization. That the Village Council hereby authorizes the Village
Manager to negotiate and execute an agreement with the Contractor in an amount not to exceed
$226,792.00 annually, consistent with the Contractor's bid attached hereto as Exhibit "A," and
subject to the Village Attorney's approval as to form, content, and legal sufficiency. If an
agreement cannot be reached with the Contractor, the Village Manager is authorized to negotiate
and execute an agreement with the next highest ranked firm(s), in order of ranking, as provided in
the Staff Memorandum supporting this Resolution, until an agreement in the best interest of the
Village is reached.
Section 4.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this 6th day of June 2023.
JOE I. RASCO, MAYOR
ATTEST:
J~~ 'l?c,\<_pck:\
VILLAGE CLERK
TO FORM AND LEGAL SUFFICIEN ~
J~~ ..
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
2
E X H IB IT A
C o n tra cto r's B id fo r IT B N o . 202 2 -18
Page 3 of3
Stormwater Utility Maintenance Services - ITB # 2022-18
~ Cover Page J Table of Contents
r£ Form RC: Response Checklist
~ Form AA:
RESPONSE CHECKLIST
Form CD:
Form SEA:
Form DD:
[J Form PS:
~ Form CR:
~ Form CQQ:
r/J Form COA:
Addendum Acknowledgment
Company Declaration
Single Execution Affidavit
Dispute Disclosure
List of Proposed Subcontractors (If applicable)
Client References
Company Qualifications Questionnaire
Certificate of Authority
[I Form of Performance Bond
D Form of Payment Bond
ii Bid Schedule
D Statement of No Litigation or Litigation History (as applicable)
0 Financial Statements
0 Official Complaint History for Qualifying License
D Relevant Business License(s) (Company, not personal)
0 State Corporate Certificate or other proof of authorization to transact business
D Insurance Certificates
22
Stormwater Utility Maintenance Servrces - 1TB II 2022-18
ADDENDUM ACKNOWLEDGEMENT FORM
Solicitation Title:
STORMWATER UTILITY MAINTENANCE SERVICES
Solicitation No.:
1TB It 2022-18
Listed below are the dates of issue for each Addendum received in connection with this Solicitation:
Addendum No. Dated
Addendum No, Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
J No Addendum issued for this
Solicitation
Firm's Name: IJ.G. lv!n-·ic~-k l-l&
Authorized Representative's Name: ~ L. f--t..ma,r,k :Z.
Title: f/lqr: •
Email: p~@. 11~-/tJJMs.., t,(n1?
Phone Number :]:~ P-;('[. (U E
Authorized Signature ~ ! • "'--1 ·{/·
23
Storrn water Utility Maintenance Services - 1TB It 202 2-18
C ER T IFI C A TE O F A U T H O R ITY (IF C O R PO RA T IO N )
HEREBY CER TIFY that at a meeting of the Board of Directors of
_______________ __, a corporation organized and existing under the laws of the
State of , held on the __ day of __,__, a resolution was duly passed and
adopted authorizing (Name) as (Title) of the
corporation to execute bids on behalf of the co rporation and providing that his/her execution thereof,
attested by the secretary of the corporation, shall be the official act and deed of the corporation.
I further certify that said resolution remains in full force and effect.
IN W ITNESS W HER EOF, I have hereunto set my hand this __ _, day of ~ 20 __ ,
Secretary: _
Print Name: _
President: _
Print Name: _
CERTIFICATE O F AUTHORITY (IF PARTNERSHIP)
I HEREBY CER TIFY that at a meeting of the Partners of
t}.£. lu.m~~-1:& l.~ I a partnership organized and existing under the laws of the
State of 'f/w-i ti.A , held on thel;,Pj_ay of v~~ Stof'a ~olution was duly passed and
adopted authorizing (Name) 'Jl>se- l. 7=~A-nb ~s (Title) M {fY" of the to
execute bids on behalf of the partnership and providing that his/her execution thereof, attested by the
partner, shall be the official act and deed of the partnership.
I further certify that said resolution remains in full force and effect.
IN W ITNE S HERt'O F, i ha ve hereunto set my hand this /~ayof 'f>.t~~, 20 ~;_
Partner: _
Print Name: _
24
Stormwater Utility Maintenance Services - 1TB # 2022-18
CERTIFICATE OF AUTHORITY (IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) 'JAse- l. ~,l,e,~ individually and doing business as
(d/h/a) tJ.$,lv{,-n'c~-f-s Ll-ct (If Applirable) have executed and am
bound by the terms of the Bid to which this attestation ls attached.
~
IN WITNESS WHE,.fIB:TF;Tfiavtrtlereunto set my hand this llf/, day of -:z>~lu-,r- 20 ~~
Signed ~~ \ V
~
Print: J' as.e, L . f ~441£.e, z_
In the presence of:
Witness #1: 1/1
Signature: ---«h!-1'..------
Print: f}-1 r M ,/,'( cit ~5;.
Witness #2: ~ •
Signature: --~-...e..--------
Print: Li dJ &t ~~..G;
25
Stormwater Utility Maintenance Services - ITB 112022-18
ACKNOWLEDGMENT
State of f/1!>7? ~
County of f//ia,,,,m; 7)~
.t,,
On this 11 day of ~6~ 20.22) before me the undersigned,
personally appeared 'J't>..fe, l. 4-rn a,,r'ld,i. .;t,_ whose name(s) is/are
subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it.
Witness my hand and official seal:
_/ __ Personally known to me; or
~,,~~-~~!}<1:, MABEL 8. ORTIZ
,. ._W.,, * Commission# GG 909732
~~"'"" Expires October 6, 2023
'l'tt OF,fl.f>~ ~ndfdTllroBu t Nolary Sorvl~s
Notary Public (Print, Stamp, or Type as Commissioned}
___ Produced identification (Type of ldentlflcatlon: ~
___ Did take an oath; or
___ Did not take an oath
26
Stormwater Utility Maintenance Services - 1TB II 2022 -18
FORM CD
COMPANY DECLARATION FORM
I certify that any and all information contained in this Response is true. I certify that this Response is made
without prior understanding, agreement, or connections with any corporation, firm or person submitting
a Response for the same materials, supplies, equipment, or services and is in all respects fair and without
collusion or fraud. I agree to abide by all terms and conditions of the solicitation and certify that I am
authorized to sign forthe Proposer's firm. Please print the following and sign your name:
FIRM NAME
~l)(,, AJtJ ef.p-/1,7~«, P//A,,,n/ H, 2J'2J/¢;;z
PRINCIPAL BUSINESS ADDRFESS
TELEPHONE FACSIMILE
~All ADDRESS
FEDERAL I.D. NO. (EIN)
OR SOCIAL SECURITY NUMBER
.-.- J ose: l. r~~~2.
MUNICIPAL BUSINESS TAX RECEIPT
OR OCCUPATIONAL LICENSE NO.
N A M E
27
Stormwater Utility Maintenance Services - ITB II 2022-18
FORM SEA
SINGLE EXECUTION AFFIDAVITS
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OF FICIAL AUTHORIZED TO ADMINISTER OATHS.
THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR
BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR BIDDER CANNOT SWEAR TO ANY
OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE
AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/BID.
THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE VILLAGE OF KEY BISCAYNE AND ARE
STATEMENTS MADE:
By: ~OSe,. l. 'r-LdJ~Le 'Z-
For (Name of Proposing or Bidding Entity):_{)_. _S_, _l-<.J __ ~ __ t&w-T/ is ~-~~-----
Whose business address ls: ,3r., 2,C, A)t,V q,.J>#' 7~, M ,·a,,,,n ,', fi. ~?JI~
And (if applicable) its Federal Employer Identification Number (FEIN) is: -@. 7.- o'-</:4 ft./,(f J
(if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn
statement. SS#: - _____.
Americans with Disabilities Act Compliance Affidavit
The above named firm, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
• The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC
1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public
Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
• The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-
553.513, Florida Statutes:
• The Rehabilitation Act of 1973, 229 USC Section 794;
• The Federal Transit Act, as amended 49 USC Section 1612;
• The Fair Housing Act as amended 42 USC Section 3601·3631.
Proposer Initials
28
5 t o r m w a t e r U t ili t y M a in t e n a n c e S e r v ic e s + IT B H 2022-18
Public Entity Crimes Affidavit
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b}, Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt,
in any federal or state trial court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.13 3(l}(a), Florida Statutes, means:
l. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or inco me among persons when not forfair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.13 3(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding co ntract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, and partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement, which I have marked below, is true in relations to the
entity submitting this sworn statement.
(INDICATE W HICH STATEM ENT APPLIES.)
Ji Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to
July 1, 1989.
29
Stormwater Utility Maintenance Services - ITB II 2022-18
[ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
[ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order}.
I understand that the submission of this form to the contracting officer for the public entity identified in
paragraph 1 above is for that public entity only and that this form is valid through December 31 of the
calendar year in which it is filed. I also understand that I am required to inform the public entity prior to
entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes
for category two of any change in the information contained in this form.
Proposer Initials
No Conflict of Interest or Contingent Fee Affidavit
Proposer warrants that neither it nor any principal, employee, agent, representative nor family member
has paid or will pay any fee or consideration that is contingent on the award or execution of a contract
arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee, agent,
representative nor family member has procured or attempted to procure this contract in violation of any
of the provisions of the Miami-Dade County conflict of interest or code of ethics ordinances. Further,
Proposer acknowledges that any violation of these warrants will result in the termination of the contract
and forfeiture of funds paid or to be paid to the Proposer should the Proposer be selected for the
performance of this contract.
Proposer Initials
Business Entity Affidavit
Proposer hereby recognizes and certifies that no elected official, board member, or employee of the
Village of Key Biscayne (the" Village") shall have a financial interest directly or indirectly in this transaction
or any compensation to be paid under or through this transaction, and further, that no Village employee,
nor any elected or appointed officer (including Village board members) of the Village, nor any spouse,
parent or child of such employee or elected or appointed officer of the Village, may be a partner, officer,
director or proprietor of Proposer or Vendor, and further, that no such Village employee or elected or
30
Sto rm w ater U tility M a in ten ance Service s - 1T B It 20 2 2 -18
appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a
material interest in the Vendor or Proposer. Material interest means direct or indirect ownership of more
than 5% of the total assets or capital stock of the Proposer. Any exception to these above-described
restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by
Village. Further, Proposer recognizes that with respect to this transaction or bid, if any Proposer violates
or is a party to a violation of the ethics ordinances or rules of the Village, the provisions of Miami-Dade
County Code Section 2-11.1, as applicable to Village, or the provisions of Chapter 112, part Ill, Fla. stat..
th e Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from furnishing
the goods or services for which the bid or proposal is submitted and may be further disqualified from
submitting any future bids or proposals for goods or services to Village.
(ff
Proposer Initials
Anti-Collusion Affidavit
l. Proposer/Bidder has personal knowledge of the matters set forth in its Proposal/Bid and is fully
informed respecting the preparation and contents of the attached Proposal/Bid and all pertinent
circumstances respecting the Proposal/Bid;
2. The Proposal/Bid is genuine and is not a collusive or sham Proposal/Bid; and
3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or
agreed, directly or indirectly with any other Proposer/Bidder, firm, or person to submit a collusive or
sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Proposer/Bidder, firm, or person to fix the price or
prices in the attached Proposal/Bid or of any other Proposer/Bidder, or to fix any overhead, profit, or
cost element of the Proposal/Bid price or the Proposal/Bid price of any other Proposer/Bidder, or to
secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against
the Village of Key Biscayne or any person interested in the proposed Contract.
Proposer Initials
Scrutinized Company Certification
1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott
Israel List. Pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement
that may result from this 1TB at its sole option if the Proposer or its subcontractors are found to have
submitted a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
2. If the Agreement that may result from this 1TB is for more than one million dollars, the Proposer
certifies that It and its subcontractors are also not on the Scrutinized Companies with Activities in
Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with
31
Stormwater Utility Maintenance Services -ITB /J 2022-18
business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135,
F.S., the Village may immediately terminate the Agreement that may result from this 1TB at its sole
option if the Proposer, its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized
Companies with Activities In Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for
the performance of work under the Agreement that may result from this 1TB. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting
prohibitions then they shall become inoperative .
.j"f-
Proposer Initials
Acknowledgment, Warranty, and Acceptance
1. CONTRACTOR CONTRACTOR warrants that it is willing and able to comply with all applicable state of
Florida laws, rules and regulations.
2. CONTRACTOR warrants that it has read, understands, and is willing to comply with all requirements
of 1T B # 2022·18 ST O R M W A T ER U TILI TY M A IN TEN A N C E SER V IC ES and any addendum/addenda
related thereto.
3. CONTRACTOR warrants that It will not delegate or subcontract its responsibilities under an agreement
without the prior written permission of the Village Council or Village Manager, as applicable.
4, CONTRACTOR warrants that all information provided by it in connection with this Proposal is true and
accurate.
jf
Proposer Initials
Truth in Negotiation Certification
The CONTRACTOR hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The CONTRACTOR further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Village determines the agreement price was
increased due to inaccurate, incomplete, or non current wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of the final billing or acceptance
of the work by the Village, whichever is later.
Respondent Initials
Sworn Signature of Proposing Entity Representative and Notarization
for all above Affidavits fo llow s on the ne><t page
32
Stormwater Utility Maintenance Services - ITB # 2022-18
In the presence of: Signed, sealed and delivered by:
Witne~me: B/1/UIJA V,'{Ji15
Witness #2 Print Name: l;J,;g Jt,c/,.,
Print Name: <J'Ds~ l. ~llvrl6-z_
Title: --~----~-- ~·-•~-----
State of f/lJ-77 da
Countyof f1,'~; ];)~
ACKNOWLEDGMENT
On this _.ft'___day of~~ ,.,.
personally appeared ~~ [. {:kn~k 2-
20 ~before me the undersigned,
whose name(s) is/are
subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it.
Witness my hand and official seal:
• .,f.Y P(/q( MABEL B. ORTIZ
f>~' ···••., ° Commission~ GG 909732
~ ; Expires October 6, 2023
~>~ ,,,.,,~ llond~ lhnJ Budget N,t.ory Str;l<~6 ,. 0~ fl.
_J __ Personally known to me; or
-~-
Notary Public (Print, Stamp, or Type as Commissioned)
___ Produced identification (Type of Identification: _
_ ! __ Did take an oath; or
___ Did not take an oath
33
Storm w ater Utility M aintenance Services - ITB # 2022-18
FORM DD
DISPUTE DISCLOSURE
Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes", please
explain on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) yea rs?
[ ] YES
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years?
[ l YES
3. H as your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business?
[ ] YES
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and
state a brief description of the case, the outcome or status of the suit and the monetary amounts of
extended contract time involved.
4. Has your firm or any of its officers, been under investigation, charged, or convicted by any law
enforcement agency or public entity for violations of the law, other than traffic violations?
( l YES
5. Has your firm, or any of its principals, failed to qualify as a responsible Proposer/Bidder on any
solicitation in the past five (5) years?
[ ] YES
6. Has your firm, or any of its principals, declared bankruptcy or reorganized under Chapter 117
[ l YES
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause fo r forfeiture of rights fo r further consideration
of this Proposal/Bid for Villa~ of Key Biseayne.
Authorized Signature: ~,,J,,::::::__:::._:l:===:::=-:=:J-T
n _..
Print Name: 'tJOf:e.- l . fZ.rni/Utb :Z..
Title: ~
34
Sto rm w ater U tility M aintenance Services - ITB It 2022-18
FORM PS
LIST OF PROPOSED SUBCONTRACTORS
T he undersigned Proposer hereby designates, as fo llow s, all m ajor subcontractors whom they pro pose to
utilize fo r the m ajor areas of w ork fo r the project. The pro poser/bidder is further notified that all
sub contractors shall be pro perly licensed, bondable and shall be required to furn ish the Village with a
Certifi cate of Insurance in accordance w ith the contract general conditions. Failure to furn ish this
info rm ation shall be grounds fo r rejection of the proposer/bidder's proposal. (If no subcontractor s are
pro posed, state "N one" on first line below .)
No. Subcontra ctor N am e & A ddress Scope of Work License Number
Alfa
'
Firm: tJ.~. /µ./trr?~~-
A utho rized Signature: "L-- J:======i
Print or Type Name: ;tol.e l. f~"""71tfe 2--
Tltle: /4 1'(
Date:_ l~/t (fi,1--/p-,_?_'i}- _
35
Sto rrn w ate r U tility M ain ten an ce Se rvices - ITB ti 20 22-18
FORM CR
CLIENT REFERENCES
IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM,
CONTRACTOR TO PROVIDE A MINIMUM OF FIVE REFERENCE LETTERS.
PRINT CLEARLY
REFERENCE #1
Public Entity Nam e: V;/ / ti "J:e.,_ ~1 19':f 7?-,·-5c~.t,f n .e__,,.
Reference Contact Nam e: i/ a-fhtfi np1d_ 7)·/d 2....
Contact Title: Svj,# 1,lt '->-t!Y' /41S',k£C:-~
Contact Departm en;: Ll)d..e,,- .£ ~ e.t~..a.r
Contact Telephone: 3a.f". qf<;,. &.2CiS-
Contact Em ail: /,"/ d1dl 2 ~ &f btsceyr1,e. · jJ. '&()t/ ·
Public Entity Size/Num ber of Residents/Square M ileage: _
Contract Start Date: ?lJ I q Contract End Date:
Is the Contract still Act ive? Yes j No -----------
Scope of W ork (be as detailed as possible) sf-o-n.n wd.a,,,,- CI e~:n 1.v1 J
REFERENCE #2
Public Entity Nam e: Oce/4,-?-7 CI vb
Reference Contact Nam e: /lr-/'?'1 ~4 ;<} fl n e 2--
Contact Title: /0 a..,,r11f b-,r1a.r, t!.e.,, ~W(·,1 /-£2 ,!,"J ~f.
Contact D epartm ent: t/1 t2.,('r, f-t!!r] ~d
Contact Telephone: 9:?v. ~<./.!. () ?-/ I
Contact Em ail: a 11 1/rl e z..<f}, oce.~(!jJbl~r6t'.sc.e:y"1e, ., c}/"'1·
Public Entity Size/Num ber of Residents/Square M ileage: ---------------
Contract Start Date: 9?J J-o L Contract End Date:
Is the Contract still Active? Yes ./ No -----------
Scope of Work (be as detailed as possible I -S.--/i,-,--,,n w,_,:!,w--. e/ ,ea,-;1 ' -,_,, r
36
Storrn w ater Utility M aintenance Services - ITB ti 2022-18
Public Entity Name: )// ich .£/~ J
Reference Contact Name: __./1_,_1-''ci)----'·-'~"---/-=~:..,__ _
Contact Title: fr/!. Si&-r1-f
REFERENCE #3
4 ~c;ccf e.s:
Contact Department: _
Contact Telephone: ~as-. 9: 2 3. 9=q tJ v
Contact Email: C<c.c.at)n h/1 }@ rYJ 1· e-h..e.la.t'~,£./is Soc.,-Je,,,.s . <!4-n?
Public Entity Size/Number of Residents/Square Mileage: _
Contract Start Date: _ Contract End Date: _
Is the Contract still Active? Yes No____ t'
Scope of Work (be as detailed as possible) s~ 04~ d./?d, n /1/"~
~eu~ /[n!f~n£_5; Jn&-7- h~ M1t1t-,;a1.a-n-1~fi.l ·
REFERENCE #4
Public Entity Name: _
Reference Contact Name: _
Contact Title: _
Contact Department: _
Contact Telephone: _
Contact Email: _
Public Entity Size/Number of Residents/Square Mileage: _
Contract Start Date: _ Contract End Date: _
Is the Contract still Active? Yes No _
Scope of Work (be as detailed as possible) _
37
Storm w ater Utility M aintenance Services - IT B It 2022 -18
REFERENCE #5
Public Entity N a m e: _
Reference Contact N am e: _
Contact Title: _
Contact Department: _
Contact Telephone: _
Contact Email:---------------------------------
Public Entity Size/Number of Residents/Square Mileage: _
Contract Start Date: _
Is the Contract still Active? Yes No _
Contract End Date: _
Scope of Work (be as detailed as possible) _
38
Stormwater Utility Maintenance Services - ITB II 2022-18
FORM OF PERFORMANCE BOND
BY THIS BOND, we, , as Principal,
(the "Contractor") and __, as Surety, are bound to
the Village of Key Biscayne (the "Village"), as Obligee, in the amount of Dollars
($ ~ for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into Contract No. -----~
awarded on , 20_, with the Village, which contract documents are
by reference incorporated herein and made a part hereof, and specifically include provision for liquidated
and other damages, and for the purpose of this Bond are referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS PERFORMANCE BOND is that if Contractor:
1. Performs the Contract between Contractor and Village for the services defined in the Contract,
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 the Village all losses, damages, liquidated damages, expenses, costs, and any and all
attorney's fees, including for appellate proceedings, that the VIiiage 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 WILL BE VOID. OTHERWISE, IT WILL REMAIN IN FULL
FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
4. Whenever Contractor is, and declared by the Village to be, in default under the Contract, the
Village having performed the Village's obligations, the Surety may promptly remedy the default
or will promptly:
a. Complete the services defined in the Contract in accordance with the terms and
conditions of the Contract; or
b. Obtain a bid or bids for completing the services defined in the Contract in accordance
with the terms and conditions of the Contract, and upon determination by Surety of the
lowest responsible bidder, or if the Village elects, upon determination by the Village and
Surety jointly of the lowest responsible bidder, arrange for a contract between such
bidder and the Village, and make available as work progresses (even though there should
be a default or a succession of defaults under the Contract 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, wili mean the total amount
payable by the Village to Contractor under the Contract and any amendments thereto,
less the amount properly paid by the Village to Contractor.
IT IS FURTHER AGREED THAT no right of action will accrue on this Bond to or for the use of any
person or corporation other than the Village; and
39
S to r m w a te r U t ili ty M a in te n a n c e S e rv ic e s - IT B # 2022-18
IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect Surety's obligations under this Bond.
Signed and sealed this day of 20 __ .
FOR THE CONTRACTOR:
WITNESS:
Secretary Name of Corporation
By: _
(Affix Corporate Seal) Print Name: _
Title: _
FOR THE SURETY:
WITNESS:
Agent and Attorney-In-Fact
Print Name: _
Title: _
Address: _
Telephone: _
40
Stormwater Utility Maintenance Services - IT8 II 2022-18
FORM OF PAYMENT BOND
BY THIS BOND, we, , as Principal,
(the "Contractor") and--------------------~ as Surety, are bound to
the Village of Key Biscayne (the "Village"), as Obligee, in the amount of Dollars
($ ) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into Contract No. -----~
awarded on , 20 __ , with the Village, which contract documents
are by reference incorporated herein and made a part hereof, and specifically include provision for
liquidated and other damages, and for the purpose of this Bond are referred to as the "Contract."
NOW, THEREFORE, THE CONDITION OF THIS PAYMENT BOND is that if Contractor:
1. Pays the Village all losses, damages, liquidated damages, expenses, costs, and any and all
attorney's fees, including for appellate proceedings, that the Village sustains as a result of default
by Contractor under the Contract; and
2. Promptly makes payment to all claimants as defined by Section 255.05(1), Florida Statutes, for all
labor, materials, and supplies used directly or indirectly by Contractor in the performance of the
Contract
THEN CONTRACTOR'S OBLIGATION Will BE VOID. OTHERWISE, IT WILL REMAIN IN FULL FORCE
AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
a. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies will 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/she intends to look to the Bond for protection.
b. A claimant who is not in privity with Contractor and who has not received payment for its
labor, materials, or supplies will, 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.
c. 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(a) and 2(b) have been
given.
d. Any action under this Bond must be instituted in accordance with the longer of the
applicable notice and time limitation provisions prescribed in Section 255.05(2) or 95-11,
Florida Statutes.
IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes does not affect Surety's obligations under this Bond.
41
Sto rm w a te r U tility M a in te n a n c e S e rvice s - IT B # 2022-18
Signed and sealed this day of _, 20 __ .
FOR THE CONTRACTOR:
WITNESS:
Secretary
(Affix Corporate Seal)
Name of Corporation
By: _
Print Name: _
Title: _
FOR THE SURETY:
WITNESS:
Agent and Attorney-in-Fact
Print Name: _
Title: _
Address: _
Telephone; _
42
S t o r m w a t e r U t ili t y M a in t e n a n c e S e r v ic e s - IT B ti 2022-18
INSURANCE AND LICENSE CERTIFICATES
VILLAGE OF KEY BISCAYNE
BID D ER 'S REPRESENT ATIO N
STO RM W A TE R UTILI TY M AINTEN A NCE SERVICES
Proposal of _
(Nam e)
(Address)
to furn ish all m aterials, equipm ent, and labor and to perfo rm all w ork in accordance with the
C o n tract Docum ents fo r:
STO RM W A TER UTI LIT Y M A INTENA NCE SERVICES
("THE PROJECT")
TO : V illage of Key Biscayne
A ttn: Village Clerk
88 W est M cIntyre Street, Suite 220
Key Biscayne, Florida 33149
The unde rsigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as
princi pal or principals, is or are nam ed herein and that no other person than herein mentioned has
an y interests in the Bid or the Contract to w hich the W ork pert ains; that this Bid is made without
co nnectio n or arr angem ent w ith any other person, com pany, or parties making Bids or Proposals and
th at the Bid is in all respects fa ir and m ade in good fa ith w ithout collusion or fr aud.
The Bidder furthe r declares that he or she has exam ined the geographic location and sites of the
W o rk; that he has m ad e suffi cient investigations to fully satisfy him self that such sites are suitable fo r
th is W ork; and he assum es full responsibility therefo re; that he has exam ined the specifications fo r
th e W ork and fr om his ow n experience or fr om professional advice that the specifications are
suffi cient fo r the W o rk to be done and he has exam ined the other Contract Docum ents relating
th e reto, including the Instructions to Bidders, the Contract, Bid, Detailed Scope of
W o rk/Specifi catio ns, Q ualification Statem ent, Public Entity Crim e Form , and Insurance requirements
an d he has read all addenda prior to the opening of Bids, and that he has satisfied him self fully,
relative to all m atters and conditions w ith respect to the W ork to w hich this Bid pertains.
Th e Bidder proposes and agrees, if this Bid is accepted, to tim ely execute the Contract with the Village
in the fo rm att ached and to furn ish all necessary m aterials, all equipm ent, all necessary machinery,
to o ls, apparatus, m eans of transportation, and labor necessary to co m plete the W ork specified in
43
Sto rm w ate r U tility M ain ten a n ce Services - ITB II 20 2 2-1 8
the Bid and the Contract, and called fo r by the draw ings and specifications and in the m anner
specified and to tim ely subm it all required bonds and insurance certificates.
NOTE: THIS SCHEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF THE MINIMUM AMOUNT/QUANTITY
OF WORK TO BE PERFORMED UNDER THE CONTRACT. IN THE CASE OF ANY CONFLICT BETWEEN THIS
SCHEDULE OF BID ITEMS AND THE DETAILED SPECIFICATIONS, THE DETAILED SPECIFICATIONS WILL
PREVAIL.
The Bidder further pro poses and agrees to com ply in all respects with the tim e lim its fo r com m encem ent
and com pletion of the W ork as stated in the Contract.
The Bidder agrees to execute the Contract and furn ish the executed Contract, all required bonds,
insurance cert ificates, and other required info rm ation to Village w ithin ten (10) ten calendar days aft er
w ritten notice of the Award of Contract. Failure on the part of the Bidder to tim ely com ply w ith this
pro vision shall give Village all rights and rem edies set fo rt h in the Instructions to Bidders.
The undersigned agrees to accept as full com pensation therefo re the total of the lum p sum prices and
extended unit prices item s nam ed in the fo llow ing schedule. It is understood that the unit prices
quoted or established fo r a part icular item are to be used fo r com puting the am ount to be paid to the
Contractor, based on the W ork actually perfo rm ed as determined by the Contract and the Village.
How ever, in utilizing the schedule, the Bidder agrees that in no event shall com pensation paid to the
Bidder under the Contract exceed the dollar am ount of the Bidder's Bid am ount, as set fo rth in the
attached Bid.
It is intended that all W ork to be perfo rm ed under this Bid shall com m ence approxim ately thirty
(30) days aft er Contract execu tion.
In no event shall Village be obligated to pay fo r W ork not perfo rmed or m aterials not furn ished. Bidder's
Certificate of Com petency No. _
Bidder's O ccupational License No. _
WITNESS:
By: _
Signature of Authorized Agent
[SEAL]
44
Stormwater U tility Maintenance Services - 1TB II 2022-18
COMPANY QUALIFICATION QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers herein contained.
1. How many years has your organization been in business as a General Contractor?
/(}
2. What is the last project of this nature you have completed?
t);((,r1t,,, of 4( ~s~r1e.-
3. Name three individuals or corporations for which you have performed work and to which you
refer: I}~ ~b ~ ~qu/~
4. List the following information concerning all contracts on hand as of the date of submission of this
proposal: (In case of co-venture, list the information for all co-ventures).
---··--· ,_,, ···--·----·-·------------1
5. Have you personally inspected the proposed work and have you a complete plan for its
performance? J
\L
6. Will you sublet any part of this work? If so, please list subcontractors in FORM PS, LIST OF
PROPOSED SUBCONTRACTORS. ~ Q
7. What equipment do you own that is available for the work?
8. What equipment will you purchase for the proposed work?
45
Stormwater Utility Maintenance Services - 1TB # 2022-18
1v 4-
9. What equipment will you rent for the proposed work? 0
11. The following is given as a summary of the Financial Statement of the undersigned: (List Assets
and Liabilities, Balance Sheet and use insert sheet rf necessary.)
12, Have you made a site visit? ! Yes, No
How soon after award can you begin work? t);:..__µ_z,.,,,;c__ __ Days.
13.
14.
Number of years' experience the Bidder has had in providing similar services: _ ___,,__~ __ Years
(
How many contracts has your organization had for municipal projects of similar work? _l __
15. List any licens~ permits or certifications, etc., ou hold for performing this type of work:
l i i L t,) 4:..SI e,. I~$', ;e,- . t;-Z> I .
How did you hear about the ITB? Indicate if it was via the Village's website, internet search, DemandStar,
newspapers, email, etc. Th'\ Village of Key Biscayne is always looking for ways to improve its services. v ~\~~ tz_. w ~ ~ -s.:t-~
The Bidder understands that the information contained in these proposal pages is to be relied upon by
the Village in awarding the proposed contract, and such information is warranted by the Bidder to be true.
The Bidder agrees to furnish such additional information, prior to acceptance of any proposal relating to
the qualifications of the Bidder, as may be required by the Village.
Please review the Bidder Proposal Page to make sure all questions have been answered. Attach additional
sheets if necessary. Fail e to answer each question could result in the disqualification of your bid.
116
2 :0 1 P M
12/21/22
Accrual Basis
U .S . L U B R IC A N T S LLC
P ro fi t & Loss
January throu.gh Octobe r 2022
Ordinary lncomo/Expenso
Income
460-00 · Salos
46-001 · Ta~11bl•1 llaloJ
40002 · Exempt S•los
Tot•I 48000 Snlos
17000 8ut'liC• ltli!Oitl@· Olnu 'G li11v lro on1
~71 00 Othilr lncnm,,
rot.II /nc:onm
Co•t of Goods Sold
~0000 · Cost of Produr.tlnn
50100, f.uol
50200 • Nuv, Ou
50JOO · U•,od 0 11
!0500 · Suppllo•
50000 • Pump,r Suppllu
Total 50000 • Coat of Prodt,::-tloo
TotalC008
Uro&s Profit
ExponA-o
600ou · Ac~ountlno or,,lco•
go100 · l\dv·•r1ialng 011d Promotion
&0300 · Auto a Truck Exponse
60301 · Auto a Truek t•p· Cl••
i030j • Auto 8. Y,uok bp Ttg•
~oao• 111110 ii Trr.~ r-wp. Tiro
60305 • Auto S Truck Exp -Tow 1ng
OOJOU · Auto II Truvk ll a1;- Ro1>0J.1 t
60308 · Auto ll, Truvk !l•p- Tn1c~ Lun30
TO(ij I i!O~OO · AUi<> II. Tt\t<lk E,,,011 ...
60400 · Bao~ Service Cham o•
80500, 8•uk Mutclla11l Fues
01300 Oo,woct labor
6l600 · Oun and Subscrl p(lono
63000 · lnSUfiflCO El(pom,o
t)jO<n • !l@aith 1n,u<1111i:o
~002 • rn,11.ra nce- Trucks
B;J(J().j · 'N or);,r• Crn,1 p•osalluo
M 100 · l• •• ~qttlJ><n ,t
64200 Llco11so~ and rnrm irs
64100 Moalll and 6nlor1~1nm •nl
G4700 om co (loppll ... II CJIJl"IIH'I
6SOO 0 · P•yroli e~ponsos
MSOO , Pn,1,ljl,> l.M Oql\vory
ft7100 · Roni l'YJl<'n••
61:lU(/ t<op1,r1 •M Malntt"Gnt•
01900 · Tm 1tf10r11tllo,r t lPlll1•1•
tl810u · fi~l(•1•h01lf'I ~1111)/H\f'lt)
Rijtl(hl · lltllltin•
6'i000 • W•gos lixp•n•o
T otal EK pon •o
N•t \)rdin.-ry lnunmo
1Jtn1>r 1n.:.o,no11.-..<t.11:>1ill!il~
49400 · httero~t 1111;01110
Totnl Other income
Net Othe, lnc-..oma
N~t lncome
Jan• Oct 2?
Page 1 of 1
1:32 PM
12/21/22
Accrual Basis
U.S. LUBRICANTS LLC
B a la nce S heet
As of October 31, 2022
Oct 31, 22
ASSETS
Current Assets
Checking/Savings
10000 · Cash on Hand
10200 · BankUnlted "4384
10300 · BankUnited ••2395
10400 · BankUnited .. 5384
10500 · ~nkUnited ..,7612
10600 · BankUnlted ••19a9
Total Checking/Savings
Accounts Receivable
11000 · Accounts Rocoivable
Total Accounts Receivable
Total Current Assets
Fixed Assets
15000 · Furniture and Office Equipment
15100 · Automobile & Trucks
15200 · Machinery & Equipment
15300 · Signs
15400 • t.easenotd improvement
17100 · Accumulated Depreciation- F&OE
172 00 · Accumulated Depreciation- Truck
17300 · Accumulated Depreciation- M&E
17400 · Accumulated Depreciation- Signs
Total Fixed Assets
Other Assets
18 700 · Security Deposits Asset
Total Other Assets
TOTAL ASSETS
LIABILITIES & EQUITY
Liabilities
Other Current Liabilities
24000 · Payroll Llabllitlos
24100 · SUTA Tax Payable
24300 · FUTA Tax Payable
25500 · Sales Ta>< Payable
Total Other Current liabilities
Total Current Llabllitlas
Total Llabllltfes
Equity
30001 • owners Draw
30002 · owners Equity
30003 · Capttal Stock
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
Pago 1 of 1
Storm water Utility Maintenance Services - ITB It 2022-18
ATTACHMENT A
SERVICE AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
NAME OF ENTITY
THIS AGREEMENT (this "Agreement") is made effective as of the day of _
_____ _, 2022 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA,
a Florida municipal corporation, (the "Village"), and NAME OF ENTITY, a Florida [type of entity]
(hereinafter, the "CONTRACTOR").
WHEREAS, the Village desires certain STORMWATER UTILITY MAINTENANCE SERVICES; and
WHEREAS, the CONTRACTOR will perform services on behalf of the Village, all as further set
forth in the Proposal dated ___, 2022, attached hereto as Exhibit "A" (the
"Services"); and
WHEREAS, the CONTRACTOR and Village, through mutual negotiation, have agreed upon a fee
for the Services as set forth in Exhibit "B" (Bid Scheule);; and
WHEREAS, the Village desires to engage the CONTRACTOR to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in consideration ofthe mutual covenants and conditions contained herein,
the CONTRACTOR and the Village agree as follows:
1. Scope of Services.
1.1. CONTRACTOR shall provide the Services set forth in the Proposal attached hereto as Exhibit "A"
and incorporated herein by reference (the "Services")
1.2. CONTRACTOR shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the Village.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through two (2) years thereafter,
unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may
renew this Agreement for three (3) additional one (1) year periods on the same terms as set
forth herein upon written notice to the CONTRACTOR.
2.2. CONTRACTOR agrees that time is of the essence and CONTRACTOR shall complete the Services
within the term of this Agreement, unless extended by the Village Manager.
47
Stormwater Utility Maintenance Services - ITB U 2022-18
3. Compensation and Payment.
3.1. Compensation for Services provided by CONTRACTOR shall be in accordance with the Proposal
attached hereto as Exhibit "A." CONTRACTOR shall be compensated a flat rate, lump sum fee in
the amount of $XXXX.XX per month.
3.2. CONTRACTOR shall deliver an invoice to Village no more often than once per month detailing
Services completed and the amount due to CONTRACTOR under this Agreement. Fees shall be paid
in arrears each month, pursuant to CONTRACTOR's invoice, which shall be based upon the
percentage of work completed for each task invoiced. The Village shall pay the CONTRACTOR in
accordance with the Florida Prompt Payment Act after approval and acceptance of the Services
by the Village Manager.
3.3. Contractor's invoices must contain the following information for prompt payment:
3.3.1. Name and address of the CONTRACTOR;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Date of invoice;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be
rejected);
3.3.6. Name and type of Services;
3.3.7. Timeframe covered by the invoice; and
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection of the
Invoice. All invoices must be submitted electronically to payables@ki:,ybiscayne.fl.gov.
4. Subcontractors.
4.1. The CONTRACTOR shall be responsible for all payments to any subcontractors and shall maintain
responsibility for all work related to the Services.
4.2. CONTRACTOR may only utilize the services of a particular subcontractor with the prior written
approval of the Village Manager, which approval may be granted or withheld in the Village
Manager's sole and absolute discretion.
5. Village's ResponsfbHities.
5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives,
and other data pertinent to the Services and in possession of the Village, and provide criteria
requested by CONTRACTOR to assist CONTRACTOR in performing the Services.
48
Storm water Utility Maintenance Services - 1TB Ii 2022-18
5.2. Upon CONTRACTOR's request, Village shall reasonably cooperate in arranging access to public
information that may be required for CONTRACTOR to perform the Services.
6. Contractor's Responsibilities: Representations and Warranties.
6.1. The CONTRACTOR shall exercise the same degree of care, skill and diligence in the performance
of the Services as is ordinarily provided by a CONTRACTOR under similar circumstances. If at any
time during the term of this Agreement or within two (2) years from the completion of this
Agreement, it is determined that the CONTRACTOR's Deliverables or Services are incorrect, not
properly rendered, defective, or fail to conform to Village requests, the CONTRACTOR shall at
CONTRACTOR's sole expense, immediately correct its Deliverables or Services.
6.2. The CONTRACTOR hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the Services for
Village as an independent contractor of the Village. CONTRACTOR further warrants and represents
that it has the required knowledge, expertise, and experience to perform the Services and carry
out its obligations under this Agreement in a professional and first class manner.
6.3. The CONTRACTOR represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by CONTRACTOR
have been duly authorized, and this Agreement is binding on CONTRACTOR and enforceable
against CONTRACTOR in accordance with its terms. No consent of any other person or entity to
such execution, delivery and performance is required.
7. Conflict of Interest.
7 .1. To avoid any conflict of interest or any appearance thereof, CONTRACTOR shall not, for the term
of this Agreement, provide any consulting services to any private sector entities (developers,
corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in
the Village.
8. Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days'
written notice to the CONTRACTOR, or immediately with cause.
8.2. Upon receipt of the Village's written notice oftermination, CONTRACTOR shall immediately stop
work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the CONTRACTOR shall be paid for all work accepted
by the Village Manager up to the date of termination, provided that the CONTRACTOR has first
complied with the provisions of Paragraph 8.4.
8.4. The CONTRACTOR shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the Village, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the date
of expiration of this Agreement.
119
Stormwater Utility Maintenance Services - ITB It 2022-18
9. Insurance.
9.1. CONTRACTOR shall secure and maintain throughout the duration of this agreement Insurance of
such types and in such amounts not less than those specified below as satisfactory to Village,
naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M.
Best and qualified to do business in the State of Florida. The insurance coverage shall be primary
insurance with respect to the Village, its officials, employees, agents, and volunteers naming the
Village as additional insured. Any insurance maintained by the Village shall be in excess of the
CONTRACTOR's insurance and shall not contribute to the CONTRACTOR's insurance. The
insurance coverages shall include at a minimum the amounts set forth in this section and may be
increased by the Village as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000
per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
CONTRACTOR. The General Aggregate Liability limit and the Products/Completed
Operations Liability Aggregate limit shall be in the amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for
statutory limits as required by applicable State and Federal laws. The policy(ies) must
include Employer's Liability with minimum limits of $1,000,000.00 each accident. No
employee, subcontractor or agent of the CONTRACTOR shall be allowed to provide Services
pursuant to this Agreement who is not covered by Worker's Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business Automobile Liability
policy, without restrictive endorsements, as filed by the Insurance Service Office, and must
include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the
Village as an Additional Insured (except with respect to Professional Liability Insurance and
Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement
and prior to the execution of this Agreement by Village and prior to commencing Services. Each
certificate shall include no less than (30) thirty-day advance written notice to Village prior to
cancellation, termination, or material alteration of said policies or insurance. The CONTRACTOR
shall be responsible for assuring that the insurance certificates required by this Section remain
In full force and effect for the duration of this Agreement, including any extensions or renewals
that may be granted by the Village. The Certificates of Insurance shall not only name the types
of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and return
a certified copy of such policies, upon written request by the Village. If a policy is due to expire
prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty
(30) calendar days prior to the date of their policy expiration. Each policy certificate shall be
50
Sto rm w ater Utility M aintenance Services - 1TB II 2022-18
endorsed with a provision that not less than thirty (30} calendar days' written notice shall be
provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of
the Certificate(s) is subject to approval of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the VIiiage is to be specifically included as an Additional Insured for the
liability of the Village resulting from Services performed by or on behalf of the CONTRACTOR in
performance of this Agreement. The CONTRACTOR's insurance, including that applicable to the
Village as an Additional Insured, shall apply on a primary basis and any other insurance
maintained by the Village shall be in excess of and shall not contribute to the CONTRACTOR's
insurance. The CONTRACTOR's insurance shall contain a severability of interest provision
providing that, except with respect to the total limits of liability, the insurance shall apply to each
Insured or Additional Insured (for applicable policies) in the same manner as if separate policies
had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably
approved by the Village. The CONTRACTOR shall be responsible for the payment of any
deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, CONTRACTOR shall not discriminate against
any of its employees or applicants for employment because of their race, color, religion, sex, or
national origin, and will abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11 .1. In the event of any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover its attorneys' fees and costs, including the fees and expenses of any
paralegals, law clerks and legal assistants, and including fees and expenses charged for
representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY
HEREBY l<NOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO
TRIAL BY JURY.
12. Indemnification.
12.1. CONTRACTOR shall indemnify and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, tosses, suits, liabilities, causes of
action, judgment or damages, arising from CONTRACTOR's performance or non-performance of
any provision of this Agreement, including, but not limited to, liabilities arising from contracts
between the CONTRACTOR and third parties made pursuant to this Agreement. CONTRACTOR
shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs
incurred in and about the defense of any such claim or investigation and for any judgment or
damages arising from CONTRACTOR's performance or non-performance of this Agreement.
51
S to rm w a te r U tili ty M a in te n a n c e S e rv ic e s - 1T B II 2022-18
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor
shall anything included herein be construed as consent to be sued by third parties in any matter
arising out of this Agreement or any other contract. The Village is subject to section 768.28,
Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and
shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified
mail with postage prepaid return receipt requested, or by a private postal service, addressed to the
parties (or their successors) at the addresses listed on the signature page of this Agreement or such
other address as the party may have designated by proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by
· the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be
proper exclusively in Miami-Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral
or written representations. No representations were made or relied upon by either party, other
than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this document.
16. Ownership and Access to Records and Audits.
16.1. CONTRACTOR acknowledges that all Inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and all
similar or related information (whether patentable or not) which relate to Services to the Village
which are conceived, developed or made by CONTRACTOR during the term of this Agreement
("Work Product") belong to the Village. CONTRACTOR shall promptly disclose such Work Product
to the Village and perform all actions reasonably requested by the Village (whether during or
after the term of this Agreement) to establish and confirm such ownership (including, without
limitation, assignments, powers of attorney and other instruments).
16.2. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession
or control in connection with CONTRACTOR's performance under this Agreement. The Village
Manager or her designee shall, during the term of this Agreement and for a period of three (3)
years from the date of termination of this Agreement, have access to and the right to examine
and audit any records of the CONTRACTOR involving transactions related to this Agreement.
CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701,
Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the Agreement, and following completion of the Agreement until the
records are transferred to the Village.
S2
Sto rm w ate r U tility M a in te n a n ce Se rvice s - IT B U 2022-18
16.3. Upon request from the Village's custodian of public records, CONTRACTOR shall provide
the Village with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Village.
16.5. Upon completion of this Agreement or in the event of termination by either party, any
and all public records relating to the Agreement in the possession of the CONTRACTOR shall be
delivered by the CONTRACTOR to the Village Manager, at no cost to the Village, within seven (7)
days. All such records stored electronically by CONTRACTOR shall be delivered to the Village in
a format that is compatible with the Village's information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the
CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements.
16.6. Any compensation due to CONTRACTOR shall be withheld until all records are received as
provided herein.
16.7. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result
in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(2Ha), Florida Statutes. IF THE CO NTRA CTO R
H A S Q U EST IO N S R EG A R D IN G THE AP PLI CATIO N O F CHA PTER 119, FLO RIDA
STA TU TES, TO TH E CO N T RA CTO R'S DUTY TO PRO VIDE PUBLIC RECORDS
R ELA TIN G TO TH IS A G R EEM ENT, CO NTACT THE CUSTO D IA N OF PUBLI C
R EC O R D S.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: ikoch@keybiscavne.fl.gov
17. Nonassignability. This Agreement shall not be assignable by CONTRACTOR unless such assignment is
first approved by the Village Manager. The Village is relying upon the apparent qualifications and
expertise of the CONTRACTOR, and such firm's familiarity with the Village's area, circumstances and
desires.
53
Sto rm w a te r U til ity M a in te n a n c e Se rv ic e s - 1T B fl 2022-18
18. Severability. If any term or provisron of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining
term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted
by law.
19. Independent Contractor. The CONTR ACTOR and its employees, volunteers and agents shall be and
remain an independent contractor and not an agent or employee of the Village with respect to all of
the acts and services performed by and under the terms of this Agreement. This Agreement shall not
in any way be construed to create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties.
20. Compliance with Laws. The CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and
in particular shall obtain all required permits from all jurisdictional agencies to perform the Services
under this Agreement at its own expense,
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement shall not be
construed as a waiver of the violation or breach, or of any future violation, breach or wrongful
conduct.
22. Survival of Provisions, Any terms or conditions of either this Agreement that require acts beyond the
date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full
force and effect unless and until the terms or conditions are completed and shall be fully enforceable
by either party.
23. Prohibition of Contingency Fees. The CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for the CONTRACT OR, to
solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company,
corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR,
any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from
the award or making of this Agreement.
24. Public Entity Crimes Affidavit. CONTRACTOR shall comply with Section 287.133, Florida Statutes
(Public Entity Crimes Statute), notification of which is hereby Incorporated herein by reference,
including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all
contractors doing business with the Village to register with and use the E-Verify system to verify the
work authorization status of all newly hired employees. The Village will not enter into a contract
unless each party to the contract registers with and uses the E-Verify system. The contracting entity
must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the
54
Sto rm w ater U tility M ainten ance Services - ITB # 2022-18
contracting entity's participation/enrollment in E-Verify, please visit: https://www.e
verify.gov/faq/how-do-i-provide-proof-of-mv•pa rticipationenrollrnent-in-e-verify. By entering into
this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will
comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but
not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required
affidavit attached hereto and incorporated herein.
[Remainder of page intentionally left blank. Signature pages follow.]
55
Storm w ater Utility M aintenance Services - 1TB # 2022-18
IN W IT NESS W HEREO F, the parties hereto have caused this Contract to be executed the day and year as
first stated above.
VILLAGE OF KEY BISCAYNE CONTRACTO R
By:---------------
Steven C. Williamson
Village Manager
Attest:
By: _
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By:--------------
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 {telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov (email}
W ith a copy to:
Weiss Serota Helfrnan Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@wsh-law.com (email)
By:--------------
Name: _
Title: _
Entity: _
Addresses for Notice:
____________ (telephone)
____________ (telephone)
____________ (facsimile)
____________ (email)
W ith a copy to:
___________ (telephone)
____________ (facsimile)
___________ (email)
56
Storrnwater Utility Maintenance Services -- ITB ti 2022-18
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business
with the Village to register with and use the E-Verify system to verify the work authorization status of all
newly hired employees. The Village will not enter into a contract unless each party to the contract
registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www .e
ve rifv.gov/fa q/how-do-i-prov ide-proof -of-my-pa rtici patio n en ro lime n t-1 n-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E
Verify affidavits from subcontractors.
J Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
111 the presence of:
Print Name: _
__ _{__~~~~--~-__,,4-_...J-_ Title: _
Entity Name: _
Signed, sealed and delivered by:
ACKNOWLEDGMENT
State of Horlda , .'7\_ 111.
Countvof 1'-/1,a,rn, ~
The foregoing instr~!,ll~t was acknow .. !edged before me by means of lrhysical pre~ ence or D online
notarization, this __i_x::'qay of fJevh!J~ , 20.Jl; by _ ~ l,. · ~b Z- ..J..
(name of person) as fv'lqt: (type of authority) for ' , """7 ~~
___ {name of party on behalf of whom instrument is executed). ~ .
MABEL B. ORTIZ
Commission # GG 909732
Expires October 6, 2023
8oodtd T~n, B"dgJI Notary S•r'l!Ces e as
_! __ Personally known to me; or
---1-1_Produced identification (Type of Identification; _
_ ,J __ Did take an oath; or
___ Did not take an oat
Commissioned)
57
Stormwater Utility Maintenance Services - 1TB II 2022-18
EXHIBIT A
SCOPE OF SERVICES
The Scope of Services are those contained in Section 2 of the Proposal dated , 2022,
attached hereto and incorporated herein by reference.
58
Storm w ater Utility Maintenance Services - ITB U 2022-18
NOTICE TO PROCEED
Dated: _,_ 20 __
To:
____________ (telephone)
____________ (telephone)
____________ (facsimile)
____________ (email)
Project Name:
Contract No.:
You are hereby notified that the Contract Times under the above Contract will commence to run on
----~ 20 __ . By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 2 of the Contract, the dates of Substantial Completion and
completion and readiness for final payment are------~ 20 __ and _
20_, __j __ days respectively.
Before you may start any Work at the site, Article 6 provides that you must deliver to the Village( _
check here if applicable, with copies to and other identified additional insureds}
Certificates of Insurance in accordance with the Contract Documents.
In addition, before you may start any Work at the site, you must: (add any additional requirements)
VILLAGE OF KEY BISCAYNE
By: _
Steven C. Williamson
Village Manager
ACCEPTANCE OF NOTICE TO PROCEED
[INSERT NAME OF CONTRACTOR}
By: _
Name: ---------------
Title: _
Date: _
59