gmx ITB-27-01 Final (FOR UPLOAD).pdf

INVITATION TO BID (ITB)

GMX PROCUREMENT/CONTRACT NO.: ITB-27-01

GMX PROJECT/SERVICE TITLE: SYSTEMWIDE PAVEMENT

REPAIRS AND IMPROVEMENTS

RELEASE OF SOLICITATION DOCUMENTS &

EFFECTIVE DATE OF CONE OF SILENCE: AUGUST 13, 2026

PLEASE REFER ALL ASPECTS OF THIS PROCUREMENT PROCESS TO THE

PROCUREMENT AGENT LISTED IN SECTION 1.2, CONTACT FOR THIS

PROCUREMENT PROCESS.

ADDRESS FOR BID PACKAGE SUBMITTAL:

Greater Miami Expressway Agency (GMX)

William M. Lehman Building 3790 Northwest 21st Street

Miami, Florida 33142

BID PACKAGE SUBMITTAL DEADLINE: SEPTEMBER 21, 2026

NO LATER THAN: 2:00 PM (EASTERN TIME)

THE RESPONSIBILITY OF SUBMITTING A BID PACKAGE IN RESPONSE TO THIS SOLICITATION DOCUMENT TO GMX AT THE WILLIAM M. LEHMAN BUILDING (GMX HEADQUARTERS) ON OR BEFORE THE STATED DEADLINE SHALL BE SOLELY AND STRICTLY THAT OF THE BIDDER. GMX SHALL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY THE UNITED STATES MAIL, ANY OTHER DELIVERY SERVICE, OR CAUSED BY ANY OTHER OCCURRENCE.

BIDDERS SHALL READ THE GMX SOLICITATION/CONTRACT DOCUMENTS IN THEIR ENTIRETY PRIOR TO

SUBMITTING A BID PACKAGE.

BY SUBMITTING A BID PACKAGE, THE BIDDER ACKNOWLEDGES THEY HAVE READ, UNDERSTOOD, AND ACCEPT THE TERMS, AND CONDITIONS, THE CHARACTER, AND QUALITY OF THE OVERALL REQUIREMENTS, AND THE

SCOPE OF WORK TO BE PERFORMED.

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BOARD OF DIRECTORS:

Fatima Perez, Chair Rodolfo L. Pages, Vice Chair

Mariana “Marili” Cancio, Treasurer Richard Blanco Jr., Secretary

Daniel Iglesias, P.E., FDOT District Six Secretary Carlos A. Cortina, Board Member

Enrique I. Espino, P.E., Board Member Edward Pidermann, Board Member

Stanley Rigaud, Board Member

EXECUTIVE DIRECTOR/CEO:

Rafael S. Garcia

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TABLE OF CONTENTS

SECTION 1 – OVERVIEW AND TIMELINE

1.1 INTRODUCTION

1.1.1.1 Description of the Work

1.1.1.2 Term of the Agreement

1.1.1.3 Engineer’s Estimate

1.1.2 General Information

1.1.3 Purpose and Objective

1.2 CONTACT FOR THIS PROCUREMENT PROCESS

1.3 COPIES OF SOLICITATION DOCUMENTS

1.4 SCHEDULE OF EVENTS

SECTION 2 – BID PACKAGE REQUIREMENTS AND SELECTION PROCEDURE

2.1 PREREQUISITE CRITERIA

2.2 ADDITIONAL REQUIREMENTS

2.2.1 Indemnification and Liability Insurance Requirements

2.2.2 Other GMX Conditions

2.2.3 Sworn Statement on Public Entity Crimes and Debarment Requirement

2.2.4 Transacting Business in the State of Florida

2.2.5 Scrutinized Companies Lists

2.2.6 Anti-Trust Violator Vendor List

2.2.7 E-Verify

2.2.8 Forced Labor and Human Trafficking Prohibition

2.2.9 Foreign Country of Concern Restrictions

2.2.10 Additional Requirements at Contract Award

2.3 SUBMITTAL REQUIREMENTS AND FORMAT FOR BID PACKAGE

2.3.1 Bid Package Format

2.3.2 Bid Package Submittal Requirements

2.4 COMPLIANCE AND DETERMINATION OF SUCCESSFUL BIDDER

2.4.1 Tie Bids:

2.4.2 Notice of Award:

SECTION 3 – GENERAL REQUIREMENTS AND INSTRUCTIONS

3.1 DEFINED TERMS

3.2 NON- MANDATORY PRE-BID CONFERENCE

3.3 INSTRUCTIONS TO BIDDERS

3.3.1 Examination of Solicitation Documents and Project Site Visit

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3.3.1.1 Examination of Solicitation Documents

3.3.1.2 Project Site Visit

3.3.2 Communications

3.3.2.1 Oral Instructions

3.3.2.2 Cone of Silence

3.3.2.3 Communications with the Technical Representative

3.3.2.4 Bidder’s Questions and Request for Information and Documentation

3.3.3 Addenda

3.3.4 Lobbyist Registration

3.3.5 Joint Bidders

3.3.6 Subcontractors

3.3.6.1 Subcontractors Subject to GMX Approval

3.3.6.2 Percentage of Work to be Performed by Contractor

3.3.6.3 Requirements of Subcontractors

3.3.7 Changes to Bidder’s Team

3.3.7.1 Changes after Bid Package Submittal

3.3.7.2 Changes after Award of the Agreement

3.3.8 Teaming Restrictions

3.3.9 Conflict of Interest

3.4 EQUAL EMPLOYMENT OPPORTUNITIES

3.5 SMALL BUSINESS PARTICIPATION GUIDELINES

3.5.1 Restrictions

3.6 LOCAL BUSINESS PARTICIPATION GUIDELINES

3.6.1 Restrictions

3.7 BID GUARANTY AND SURETY COMPANY ACCEPTABLE TO GMX

3.7.1 Bid Guaranty/Bond

3.7.2 Surety Company Acceptable to GMX

3.8 RECEIPT OF BID PACKAGES

3.9 MODIFICATION, RE-SUBMITTAL AND WITHDRAWAL OF BIDS

3.10 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

3.11 RESPONSIVENESS, SUSPENSION AND WAIVERS

3.11.1 General

3.11.2 Responsiveness of the Bid Package

3.11.3 Suspension of Bidder

3.11.4 Waivers

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3.12 CONTRACT AWARD

3.13 EXECUTION OF THE AGREEMENT

3.13.1 Errors or Omissions in Contract Documents

3.14 ADDITIONAL GENERAL REQUIREMENTS

3.14.1 Ownership of Bids

3.14.2 Review of Facilities and Qualifications

3.14.3 Protest Filing Procedures

3.14.4 Attorney’s Fees and Costs

3.14.5 Costs Incurred by Bidders

3.14.6 Familiarity and Compliance with Policies and Laws

3.14.7 Bids Subject to Public Records Act

3.14.8 Public Release of Information

3.14.9 Cancellation Privileges

3.14.10 Use of GMX Logo/Symbol

3.14.11 Choice of Law

3.14.12 Waiver of Jury Trial

3.14.13 Substitute and “Or-Equal” Items

3.14.14 Trench Safety

3.14.15 Miscellaneous

SECTION 4 – EXHIBITS

4.1 Non-Technical Exhibits

4.2 Technical Exhibits

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SECTION 1 – OVERVIEW AND TIMELINE

1.1 INTRODUCTION

The Greater Miami Expressway Agency (“GMX” or “Agency”) is requesting individual sealed Bid Package(s) in response to this Invitation to Bid (“ITB”) from Contractors with the necessary qualifications, expertise, and resources to provide the Work required for Systemwide Pavement Repairs and Improvements (the “Work” or “Services”) and to deliver the Work/Services in accordance with the Specifications and requirements of the Agreement as detailed herein.

1.1.1.1 Description of the Work

The Work includes but is not limited to provision of Materials, Equipment, Labor, Maintenance of Traffic and all incidental items and services necessary to maintain, improve, or repair the GMX roadway pavement components. The GMX pavement must be in compliance with current safety standards, and the latest edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction including all applicable revisions (“the Work”).

See Exhibit A.1 Scope of Services for more information.

1.1.1.2 Term of the Agreement

The term of the Agreement shall be four (4) years with two (2) optional one (1) year renewals. At its sole discretion and subject to the Contractor receiving no less than an “Excellent” rating in the annual Contract Performance Evaluation for the Initial four (4) years of the Contract, GMX may renew the term of the Contract for the additional optional two (2) one (1) year renewals. If a Work Order is ongoing at the end of the Agreement, GMX, at is sole discretion, may extend the term of the Contract until the Work is completed.

1.1.1.3 Engineer’s Estimate

The Engineer’s Estimate for this contract is One Million Six Hundred Twenty-One Thousand Forty-Six Dollars and Four Cents ($1,621,046.04) for the initial four (4) year term.

Unit prices shall remain the same throughout the duration of the Contract including any optional renewal terms.

1.1.2 General Information

This Procurement Process is under the Cone of Silence. Please refer to the section entitled Communications for further information concerning the Cone of Silence.

The Bidder, also referred to as the Contractor, shall carefully read and review the Solicitation Documents in their entirety to ensure an understanding of the requirements, including the Prerequisite Criteria and the selection procedures.

Bidders shall submit a sealed Bid Package in response to the Solicitation Documents. The Bid Package shall include associated costs for the completion of the Work, and the requirements as detailed in the Solicitation Documents.

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By submitting a Bid Package, the Bidder acknowledges and agrees to the terms of the Contract Documents.

GMX will only entertain changes to the Contract Documents that are addressed during the Procurement Process in accordance with the procedures outlined in the section entitled Communications, by the Deadline for Bidders to Submit Questions as specified in the section entitled Schedule of Events.

Any changes accepted by GMX shall be addressed through an Addendum. After the Bid Packages are submitted, GMX will not entertain any exceptions to the Contract Documents or accept conditional Bid Packages and reserves the right to deem such Bid Package non-responsive.

The Responsible and Responsive Bidder who submits the lowest Total Bid for the Work will be awarded the Agreement. GMX intends to execute a Service Agreement (“Agreement”) with the Successful Bidder on or about the date specified in the section entitled Schedule of Events. A draft in substantial form of the Service Agreement is attached hereto.

The General Specifications for Construction replaces Division I of the FDOT Standard Specifications for Road & Bridge Construction in its entirety and may be found on the GMX website at www.gmx-way.com under Procurement Documents.

GMX will engage consultants to assist GMX in providing contract administration, and management services related to the Work.

The selected Contractor shall make available the necessary personnel, facilities, supplies, materials, and resources to perform the Work.

The Work shall commence upon receipt of a written Notice to Proceed and issuance of a Work Order from

GMX.

GMX reserves the right to make changes by increasing, decreasing, and/or modifying the Work as detailed in the Contract Documents.

1.1.3 Purpose and Objective

The purpose of the Solicitation Documents is to provide Bidders with guidelines and rules of engagement in order to maintain a transparent and competitive process. The Solicitation Documents also provide Bidders with the necessary information to submit a responsive Bid Package.

It is the policy of GMX to encourage fair, transparent, and open competition in its Procurement Processes and thereby encourages qualified Bidders to submit a Bid Package in response to the Solicitation Documents.

GMX encourages and welcomes an atmosphere of open communication and partnership among the parties, i.e., GMX and its representatives and the Bidders, subject to the requirements contained herein.

1.2 CONTACT FOR THIS PROCUREMENT PROCESS

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The Procurement Agent for this Procurement Process is:

Jose Luis Hidalgo, MBA, CPPB, FCCM Procurement Manager Greater Miami Expressway Agency 3790 Northwest 21st Street Miami, Florida, 33142 Phone: 305-637-3277 Ext. 1130 E-mail: jhidalgo@gmx-way.com

Questions shall be submitted in writing via either e-mail, mail, or hand delivery to the contact person (the “Procurement Agent”) as permitted pursuant to the sections entitled Schedule of Events and Communications.

Submittal of Bid Packages shall also be addressed to the attention of the designated Procurement Agent and shall only be received if delivered by mail, commercial courier service, or hand-delivery by the Bid Package submittal Deadline as specified in the Schedule of Events.

Any Bid Packages submitted via e-mail or facsimile shall be rejected without further consideration.

1.3 COPIES OF SOLICITATION DOCUMENTS

GMX will make the Solicitation Documents available on the date and time indicated in the Schedule of Events, in the following manner:

(a) Free of charge to registered GMX vendors by downloading the Solicitation Documents from the GMX website: www.gmx-way.com.

(b) At a charge of fifteen dollars ($15.00) per CD or USB by either picking it up at GMX Headquarters or requesting it mailed with prior payment (additional mailing/shipping fees may apply). This fee is not applicable to CDs or USBs provided by GMX as part of the downloadable option in section (a) above.

Payments shall be in the form of a check or money order and shall be made payable to Greater Miami Expressway Agency. GMX will not refund the charge for the Solicitation Documents. Purchase of the Solicitation Documents by CD or USB as described in subsection (b) does not waive the Bidder’s responsibility to comply with the requirements detailed in the section entitled Addenda.

Complete sets of Solicitation Documents must be used in preparing a Bid Package. GMX assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Solicitation Documents.

GMX makes the Solicitation Documents available on the above terms for the purpose of obtaining Bids for the Work and does not confer a license or grant for any other use.

In accordance with the Americans with Disabilities Act, the Solicitation Documents may be requested in an alternative format. Upon request by a qualified individual with a disability, this document will be made available in alternate formats. To request this document in an alternate format, please contact the Procurement Office at 305-637-3277, through the Florida Relay Service at 711 or use the appropriate toll-free numbers:

• 1-800-955-8771 (TTY)

• 1-800-955-8770 (Voice)

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• 1-800-955-1339 (ASCII)

• 1-877-955-8260 (VCO-Direct)

• 1-877-955-5334 (STS)

• 1-877-955-8773 (Spanish)

1.4 SCHEDULE OF EVENTS

Below is the Schedule of Events with key milestone dates associated with the selection of a Contractor. GMX reserves the right to make changes or alterations to the schedule as GMX determines is in its best interest.

Bidders will be notified in advance via an Addendum of any changes or alterations to the schedule requiring action by the Bidder.

Unless otherwise modified by Addendum, the dates indicated below for submission of items or for other actions on the part of a Bidder shall constitute absolute Deadlines for those activities. Failure to fully comply by a Deadline shall cause a Bidder to be non-responsive.

Dates after the “List of Bidders that Submitted a Bid Package” are approximate. Posting results and confirmed dates concerning public meetings will be posted on the GMX website at: http://www.gmx-way.com

ACTIVITY DATE TIME

Release of Solicitation Documents and Effective Date of Cone of Silence 8/13/2026 After

10:00 a.m.

Non-Mandatory Pre-Bid Conference 8/27/2026 10:00 a.m.

Deadline to submit Questions 9/2/2026 5:00 p.m.

Deadline for Responses to Questions 9/9/2026 T.B.D.

Deadline to Request Meeting with Technical Representative 9/11/2026 5:00 p.m.

Bid Package Submittal Deadline 9/21/2026 2:00 p.m.

Posting of List of Bidders that Submitted a Bid Package (Pending Compliance/Responsiveness Review)

9/21/2026 After

2:00 p.m.

GMX Board approval of Contract Award to the Successful Bidder On or about 10/8/2026

T.B.D.

Posting of Notice of Award On or about 10/8/2026

T.B.D.

Issuance of Notice to Proceed

END OF SECTION 1 – OVERVIEW AND TIMELINE

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SECTION 2 – BID PACKAGE REQUIREMENTS AND SELECTION PROCEDURE

2.1 PREREQUISITE CRITERIA

It is the Bidder’s sole responsibility to submit a complete Bid Package that complies with the Prerequisite Criteria in order to be deemed responsive.

No Bid Package will be accepted from a Bidder who does not currently hold the appropriate requirements, including any applicable licenses necessary to perform the Work. This requirement also applies to a Bid Package where the Subcontractors do not currently hold the required licenses.

Information and documentation required to be submitted by Bidders to meet the Prerequisite Criteria must be current/effective when the Bid Package is submitted; and remain current/effective throughout the Procurement Process, the Agreement and any extension periods. A simple statement without the required supporting documentation will not suffice for compliance and responsiveness.

GMX shall rely on the information and documentation provided by the Bidder in the Bid Package to confirm compliance with the Prerequisite Criteria. However, at GMX’s sole and absolute discretion, GMX reserves the right to remedy Minor Irregularities, by seeking clarifications from the Bidder or third party(ies), as may be necessary, to verify the Bidder’s compliance with the Prerequisite Criteria. If GMX cannot verify the Bidder’s compliance with the Prerequisite Criteria, the Bid Package shall be deemed non-responsive.

A. RULE 14-22 OF THE FLORIDA ADMINISTRATIVE CODE (F.A.C.):

The Bidder shall be pre-qualified in accordance with Rule 14-22 of the Florida Administrative Code (F.A.C.) under the following Class of Work:

• Flexible Paving

❖ REQUIRED DOCUMENTATION TO DEMONSTRATE COMPLIANCE WITH SECTION A:

At the time of Bid submittal, the bidder shall submit a current FDOT Certificate of Qualification Letter for the approved prerequisite Work Class(es).

AND

B. CONTRACTOR EXPERIENCE:

The Bidder shall have successfully completed at least three (3) pavement contracts as a Prime Contractor or a Subcontractor with GMX, FDOT and/or other Florida counties, municipalities, and expressway agencies within the last five (5) years.

❖ REQUIRED DOCUMENTATION TO DEMONSTRATE COMPLIANCE WITH SECTION B:

The Bidder shall submit in the Bid package a Bidder/Reference Form (Attached hereto) and a list of relevant Projects along with the Project Contact information for verification purposes.

The list of relevant Projects should include at a minimum the following information:

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• Contractor Name

• Owner Name

• Owner Contact Person

• Owner Contact Telephone Number and E-mail Address

• Contract Amount

• Contract Begin and End Dates

• Contract Description

2.2 ADDITIONAL REQUIREMENTS

Bidders shall comply with the following requirements. By submitting a Bid Package, the Bidder is certifying its compliance with these requirements

The Successful Bidder will be required to provide information and documentation, as may be applicable to demonstrate compliance with these and other requirements.

2.2.1 Indemnification and Liability Insurance Requirements

The Contractor shall comply with the Indemnification and Insurance Requirements detailed herein. By submitting a Bid Package, Bidder represents to GMX that Bidder has reviewed and addressed any inability to meet any indemnity and/or insurance requirements.

For the required insurance, refer to the attached exhibit entitled Insurance Requirements. For the indemnity requirements, refer to General Specifications for Construction located on the GMX website at www.gmx-way.com under Procurement Documents.

Bidders are not required to submit certificates of insurance with the Bid Package. A certificate of insurance is only required from the Successful Bidder upon execution of the Agreement and prior to issuance of a Notice to Proceed.

BY SUBMITTING A BID PACKAGE, THE BIDDER CERTIFIES THE ABILITY TO MEET THE

INDEMNIFICATION AND THE INSURANCE REQUIREMENTS AS OUTLINED IN THE SOLICITATION

DOCUMENTS WITHOUT EXCEPTION.

2.2.2 Other GMX Conditions

The Bidder shall also comply with the requirements outlined in Declaration of Non-Collusion as well as the Vendor’s Bill of Right and Responsibilities both under the umbrella of the “Other GMX Conditions” and located on the GMX website www.gmx-way.com under Procurement Documents.

2.2.3 Sworn Statement on Public Entity Crimes and Debarment Requirement

As required by section 287.133, Florida Statutes, a Bidder may not submit a Bid Package if the Bidder’s name appears on the convicted vendor list for a period of thirty-six (36) months following the date the Bidder was placed on the list.

In addition, a Bidder may not submit a Bid Package if its primary officers, its owners, and/or its employees

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who will be performing the Work have been convicted or pled guilty to any state or federal offense involving fraud, corruption, or crimes of moral turpitude, and listed by any state or federal agency, Miami- Dade County or any subdivision or other governmental entity in the State of Florida as debarred, suspended, proposed for suspension or debarment, voluntarily excluded or otherwise ineligible from participating in this Procurement Process or the procurement/ contracting process of any such state or local agencies or federal procurement programs.

It is the sole responsibility of the Bidder to ensure that its Subcontractors are compliant with this requirement.

The Sworn Statement on Public Entity Crimes and Debarment form will only be required of the Successful Bidder and its Subcontractors prior to execution of the Agreement. This form is located on the GMX website at www.gmx-way.com under Procurement Documents.

2.2.4 Transacting Business in the State of Florida

Bidders shall be in good standing with and authorized to do business in the State of Florida. Furthermore, it is the responsibility of the Bidder to confirm that its Subcontractors are also in good standing and authorized to do business in the State of Florida as may be required pursuant to section 605.0902, section 605.0905, and section 607.1501 of Florida Statutes.

If an entity is not required to register pursuant to Florida Statutes, the Successful Bidder shall be able to submit documentation demonstrating non-applicability of the Statute.

GMX shall not execute an Agreement if the Successful Bidder and Subcontractors are not registered and in good standing to do business in the State of Florida, if required by the referenced Florida Statutes.

2.2.5 Scrutinized Companies Lists

Pursuant to the prohibitions of section 215.473, Florida Statutes, section 215.4725, Florida Statutes, and section 287.135, Florida Statutes, by execution and submittal of a Bid Package, the Bidder certifies that it is not on any of the following lists:

• Scrutinized Companies that Boycott Israel List;

• Scrutinized Companies with Activities in Sudan List; and

• Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

The Bidder further certifies that:

• It is not engaged in a boycott of Israel; and

• It has not been engaged in business operations in Cuba or Syria.

In the event that the Bidder is unable to provide such certifications, as described herein, but still seeks to be considered for award through this Procurement Process, the Bidder shall include in the Bid Package a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under section 287.135, Florida Statutes.

The Bidder agrees to cooperate fully with GMX in any investigation undertaken by GMX to determine whether the claimed exception would be applicable. GMX shall have the right to reject a Bid Package or

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terminate for default any contract resulting from this Procurement Process if the Bidder’s exception to the requirement of certification is not compliant with section 287.135, Florida Statutes; or the Bidder is found to have submitted a false certificate; or the Bidder is placed on any list of scrutinized companies.

The Bidder shall not engage any Firm to perform Work under the Agreement that does not meet the requirements of this provision.

2.2.6 Anti-Trust Violator Vendor List

Pursuant to section 287.137, Florida Statutes, by submitting a Bid, the Bidder certifies that neither it nor any affiliate has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation. A person of affiliate placed on the antitrust vendor list may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. The Bidder understands that false certification under this paragraph, or its subsequent addition to the list, shall result in GMX terminating the Agreement.

2.2.7 E-Verify

U.S. law requires companies to employ only individuals who may legally work in the United States, either U.S. citizens, or foreign citizens who have the necessary authorization.

Pursuant to section 448.095, Florida Statutes, any Contractor providing services to GMX must verify the employment eligibility of employees through the U.S. Department of Homeland Security's E-Verify system. In addition, the Contractor shall verify that Subcontractors performing Work on the Agreement utilize the E-Verify system to verify the employment eligibility of employees hired by the Subcontractor during the term of the Agreement.

GMX will consider the employment by any Contractor or Subcontractor of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act.

Such violation will be cause for unilateral cancellation of the Agreement by GMX, and/or Suspension of the Contractor/Subcontractor if it is determined that the Contractor or Subcontractor knowingly employs unauthorized aliens. If the Contractor enters into a contract with a Subcontractor, the Subcontractor shall provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and the Contractor shall maintain a copy of such affidavit for the duration of the Contract.

2.2.8 Forced Labor and Human Trafficking Prohibition

By submittal of a Bid Package, and pursuant to section 287.1346, Florida Statutes, the Bidder certifies that it shall not engage in or knowingly permit the use of Forced Labor or Human Trafficking in the performance of the Agreement or in the Work to be performed.

The Bidder further certifies that it has conducted reasonable due diligence to ensure that its

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Subcontractors, and affiliated entities are not engaged in Forced Labor or Human Trafficking.

The Bidder shall comply with all applicable federal and state laws and regulations prohibiting Forced Labor and Human Trafficking, including but not limited to the Trafficking Victims Protection Act and applicable Florida statutes.

In the event that the Bidder submits a false certification or is placed on the Forced Labor Vendor List maintained by the State of Florida under section 287.1346, GMX reserves the right to reject the Bid Package and/or to terminate for default any Agreement awarded to the Bidder.

As required by section 787.06, Florida Statutes, prior to execution of the Contract, the Successful Bidder shall provide GMX with an affidavit signed by an officer or representative of the Successful Bidder, under penalty of perjury, attesting that the Successful Bidder does not use coercion for labor or services as defined in that section.

2.2.9 Foreign Country of Concern Restrictions

By submitting a Bid Package, and pursuant to section 287.138, Florida Statutes, the Bidder certifies that it is not:

• Owned by the government of a Foreign Country of Concern;

• An entity in which the government of a Foreign Country of Concern has a controlling interest; or

• Organized under the laws of or having its principal place of business in a Foreign Country of

Concern.

If the Contract would grant the Successful Bidder access to an individual’s personal identifying information, the Successful Bidder shall, prior to execution of the Contract, provide GMX with an affidavit signed by an officer or representative of the Successful Bidder, under penalty of perjury, attesting that the Successful Bidder does not meet any of the criteria set forth above, as required by section 287.138(4), Florida Statutes. A false certification or affidavit under this provision shall be grounds for GMX to reject the Bid Package and/or to terminate for default any Contract awarded to the Bidder.

2.2.10 Additional Requirements at Contract Award

i. Combined Small Business Participation Requirement and Local Business Participation

Requirement.

In accordance with its Small Business Participation Policy and the Local Business Participation Policy, GMX requires Small Business Participation Requirement (SB Participation Requirement) and Local

Business Participation Requirement (LB Participation Requirement). For this Contract, due to the nature of the anticipated Work, the Bidder shall utilize a combination of both certified SB firms or LB firms to meet the ten percent (10%) minimum requirement.

❖ Bidders are not required to demonstrate compliance with the Combined Small Business Participation Requirement and/or Local Business Participation Requirement at the time of Bid submittal. The Successful Bidder shall submit prior to Contract Execution a Request for Authorization to Subcontract Work (available on the GMX website at: https://www.gmx-

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way.com/business/procurement-documents) for each certified Small Business and/or Local Business to be utilized to meet the combined Participation Requirement demonstrating assignment of Services to certified SB’s and/or LB’s valued at the required percentage of SB/LB participation requirement of the total value of the Services excluding Bonds and insurance.

2.3 SUBMITTAL REQUIREMENTS AND FORMAT FOR BID PACKAGE

It is the responsibility of the Bidder to ensure that the submitted Bid Package is complete and accurate, including the submission of required information and documentation to determine if the Bid Package is responsive.

2.3.1 Bid Package Format

Each Bidder shall prepare a Bid Package to incorporate the following sections of requested information and documentation. The Bid Package shall be formatted in the following manner:

2.3.1.1 Prerequisite Criteria

This shall include all required information and documentation necessary to demonstrate compliance with the Prerequisite Criteria.

2.3.1.2 Administrative Package

The Administrative Package attached hereto shall be fully completed and submitted in its entirety in accordance with the instructions therein as part of the Bid Package. Forms included in the Administrative Package shall not be altered in any way and shall be completed in a legible manner.

The original Bid Package may include copies of the documents with the exception of the Bid/Proposal Bond and the Oath, Signature, and Notary Page which must be an original. Upon Contract execution, the Successful Bidder shall be required to submit originals of any copy/facsimile documentation provided in the Bid Package.

By submitting a Bid Package, the Bidder agrees that any portion of the Administrative Package that is not submitted in the Bid Package and/or is submitted improperly (i.e. executed by an unauthorized signatory, incomplete, etc.) shall not relieve the Bidder from the intended requirement or from submission of the properly completed documentation.

2.3.1.3 Bid Tabulation Sheet

The Administrative Package includes the Bid Tabulation Sheet. The Bid Tabulation Sheet is provided in PDF format and in electronic format. It is at the Bidder’s discretion which format to use. If the electronic format is utilized, it shall be completed, printed, initialed, fully signed, dated, and submitted in its entirety in the applicable section of the Bid Package. It is the Bidder’s responsibility to check formulas and ensure there are no mathematical errors in the Bid. A fully completed original Bid Tabulation Sheet must be submitted in order to be considered responsive.

The Bid Tabulation Sheet shall include each cost associated with the Work and must be in U.S.

dollars. Bidders shall initial any changes made manually.

The Bid Tabulation Sheet shall include the Total Bid, and Contingency Amount. The Contractor is

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required to confirm in writing the amounts on the Bid Tabulation Sheet. Additionally, show the Total Bid on the cover page of the Bid Package.

The Bidder shall fill in the Unit Price in both numeric and word form for each Pay Item. Any Pay Item that will be provided at no cost to GMX shall be indicated as Zero Dollars and Zero Cents ($0.00) on the Bid Tabulation Sheet. Any line item left blank or marked as N/A on the Bid Tabulation Sheet will be considered a Zero Dollar and Zero Cents ($0.00) cost to GMX and shall be honored by the Contractor.

In the event of any discrepancy in the entries for the price for any Pay Item, GMX will verify the Bid based on the unit price as shown in words unless the Pay Item Total and the Unit Price shown in numeric form are in agreement, in which case, GMX will verify the Bid based on the amounts in agreement over the unit price shown in words. GMX reserves the right to request clarification from the Bidder or reject the Bid Package altogether due to such discrepancies.

2.3.1.4 Bid Guaranty

The Bid Tabulation Sheet must be accompanied by a Bid Guaranty. Refer to the section entitled Bid Guaranty and Surety Company Acceptable to GMX for additional information.

2.3.2 Bid Package Submittal Requirements

2.3.2.1 General:

Bidders are strongly encouraged to use recycled paper and submit double-sided printed copies of their Bid Package. The Bid Package and associated documentation must be manually or digitally signed and dated by a representative of the Bidder who is authorized either by position or by corporate resolution to contractually bind the Contractor in all aspects of the Bid Package.

2.3.2.2 Required Sets of Bid Package:

Bidders shall submit one (1) unbound original, and one (1) bound copy, a total of two (2) sets of the Bid Package. In addition, the Bidder shall submit on a CD or USB an electronic copy of the entire Bid Package and associated forms inclusive of required Exhibits in PDF format. Bidders must ensure that the electronic files can be opened; are readable; and are correct prior to submitting to GMX.

2.3.2.3 Packaging of the Bid Package:

The Bid Package marked “Original” shall include originals of required documentation.

The Bid Package shall be submitted in one (1) sealed package, clearly labeled as “SEALED BID” and include the following information on the front:

• GMX Procurement/Contract No.;

• GMX Project/Service Title;

• Name of the Bidder and

• Name and contact information of the Procurement Agent.

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2.3.2.4 Delivery of Bid Package:

Bid packages will be accepted prior to the Bid Package submittal Deadline stated in the Schedule of Events. Prior to the Bid Package submittal Deadline, a hand-delivered Bid Package may be delivered to the Procurement Agent between the hours of 8:00 am and 5:00 pm only, Monday through Friday, excluding Holidays observed by GMX.

BID PACKAGES RECEIVED AFTER THE DEADLINE SHALL BE REJECTED.

Bidders are responsible for submittal of the Bid Package by the Deadline specified in the Schedule of Events and for compliance with delivery requirements and ensuring that the required address information appears on the outer wrapper or envelope used by any commercial delivery service.

The outside of the package must clearly state “SEALED BID.”

BID PACKAGES SUBMITTED VIA E-MAIL OR FACSIMILE SHALL BE REJECTED.

By submittal of a Bid Package, the Bidder acknowledges that the information contained in the Bid Package is accurate and complete.

2.4 COMPLIANCE AND DETERMINATION OF SUCCESSFUL BIDDER

Bid Packages submitted are subject to compliance/responsiveness review to, among other factors, determine if the Bidder complied with the Prerequisite Criteria. GMX will review the Bid Packages received and determine if the Bidder is compliant by providing the required documentation, as described herein.

If clarifications are needed, GMX shall request an explanation from the Bidders. Any information and documentation provided by Bidders as part of the clarification process shall become part of the Bidders’ Bid Package and be binding on the Bidder.

Clarifications shall only be requested from Bidders when such clarifications will not materially affect the Bid Package; will not give a Bidder an advantage or benefit not enjoyed by other Bidders; or is merely a matter of form and not substance.

GMX shall determine the lowest Responsive and Responsible Bidder to perform the Work based upon the information and documentation provided in the Bid Package that comply with the requirements of the Solicitation Documents including, but not limited to, the Prerequisite Criteria.

GMX reserves the right to reject any Bid Packages, including, without limitation, the right to reject any nonconforming, non-responsive, unbalanced, or conditional Bid Packages. GMX also reserves the right to waive Minor Irregularities not involving price, time, or changes in the Work, and to negotiate terms of the agreement with the Successful Bidder.

As part of the compliance/responsiveness review, GMX may consider operating costs, maintenance requirements, performance data, and guarantees of major items of Materials and Equipment proposed for incorporation in the Work, when such data is required to be submitted prior to the Notice of Award. In addition, at its sole and absolute discretion, GMX reserves the right to conduct investigations to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to GMX’s satisfaction. Please refer to the section entitled Review of Facilities and Qualifications.

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2.4.1 Tie Bids:

If a tie occurs, then each of the tying Bidders shall have the opportunity to submit a Best and Final Total Bid. The Agreement shall be awarded to the tying Bidder on the basis of lowest Best and Final Total Bid.

No changes to the requirements of the Contract Documents or the Bidder’s Bid Package shall be allowed in a Best and Final Total Bid.

2.4.2 Notice of Award:

Unless all Bids Packages are rejected, award of the Agreement will be made to the Responsive and Responsible Bidder who submits the lowest Total Bid for the Work.

At GMX’s sole and absolute discretion, GMX reserves the right to negotiate with the lowest Responsive and Responsible Bidder if pursuant to the bid analysis it is determined that specific items may be an exposure to GMX for quantity overruns.

Negotiations are intended to mitigate GMX’s risks within the Total Bid Amount. Should GMX not be able to negotiate to a satisfactory pay item amount, GMX reserves the right to either award the Agreement “as is” or cancel the Procurement Process and re-procure for the Work.

The Bid results will be posted on the GMX website at www.gmx-way.com pending compliance/ responsiveness review.

The lowest Responsive and Responsible Bidder will be presented to the GMX Board for consideration, along with a recommendation that the Agreement be awarded to the lowest Responsive and Responsible Bidder.

END OF SECTION 2 – BID PACKAGE REQUIREMENTS AND SELECTION PROCEDURE

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GMX PROJECT/SERVICE TITLE: SYSTEMWIDE PAVEMENT

SECTION 3 – GENERAL REQUIREMENTS AND INSTRUCTIONS

3.1 DEFINED TERMS

The capitalized terms used herein are defined under the General Specifications for Construction and this section.

Failure to capitalize any defined term in the Solicitation Documents and Contract Documents shall not change the meaning of the defined term when used in the Solicitation Documents and/or Contract Documents.

Whenever the following terms (or pronouns and/or acronyms which replace these terms) are used in the Solicitation and/or Contract Documents, their intent and meaning shall be interpreted as defined in the General Specifications for Construction or as follows:

Addenda:

Written or graphic instruments issued by GMX prior to the selection of the Contractor, which modifies or interprets the Solicitation Documents by additions, deletions, clarifications, corrections, or other type of modifications. Addenda will become a part of the Contract Documents.

Advertisement:

The public announcement requesting Bids for the Work.

Agency:

The Greater Miami Expressway Agency or GMX.

Bid:

The complete and properly signed offer or proposal of the Bidder submitted on the Bid Tabulation Sheet contained in the Bid Package setting forth the price(s) for the Work to be performed.

Bidder:

Bidder shall have the same meaning as “Contractor” as defined below.

Bid Guaranty/Bond:

The security furnished by the Bidder as guaranty that the Bidder will enter into the Agreement for the Work if selected based on the Procurement Process outlined herein.

Bid Package:

The complete and properly signed written document containing information in response to the requirements of the Solicitation Documents and which the Bidder submits to GMX.

Board:

The Board of Directors for GMX.

Business Day:

Monday through Friday, excluding Saturdays, Sundays, and Holidays observed by GMX.

Contractor:

The legal entity permitted by law to perform the Work in the State of Florida. Such legal entity shall be the entity that enters into an Agreement with GMX to perform the Work. In the context of the Solicitation Documents, the Contractor is the Bidder.

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Deadline:

The date and time established by GMX as the cut-off for any required actions by Bidders as outlined herein. The time included in the Deadlines shall be solely in accordance to GMX’s clock.

Firm:

Any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to perform all or part of the Work.

Foreign Country of Concern:

The countries identified in section 287.138(1)(c), Florida Statutes (currently, the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such Foreign Country of Concern).

GMX:

GMX shall have the same meaning as “Agency” as defined above.

GMX Board:

The collective individual members of GMX appointed to serve on the GMX Governing Board as provided under the Florida Expressway Authority Act, as amended.

GMX Representative:

This term includes, but is not limited to, GMX employees, GMX Board Members, GMX contractors/ consultants/subcontractors/subconsultants.

GMX System:

State Roads 112, 836, 874, 878, and 924, including associated right-of-way and Monroe County Road 94.

Holidays:

Non-working Calendar Days designated by GMX as Holidays.

Invitation to Bid:

Documents, regardless of medium, whether attached or incorporated by reference, are utilized for providing and soliciting information for the preparation of a Bid Package and the evaluation and selection of a Contractor. The Invitation to Bid is part of the Solicitation Documents and Contract Documents.

Key Personnel:

The Supervisory Personnel as listed in the General Specifications for Construction.

Lobbyist:

Any individual, firm, or corporation employed or retained by a Principal to lobby GMX, which means communication directly or indirectly, either in person, by telephone, by letter, by electronic means, or by any other form of communication, with any member of the GMX Board, or Executive Director, for the purpose of influencing a decision related to any GMX business, even when such GMX business is not under immediate consideration or pending a decision at the time the Lobbyist approaches GMX.

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Minor Irregularities:

A variation within a Bid Package which does not affect the price, or gives the Bidder an advantage or benefit not enjoyed by other Bidders, and does not adversely impact the interest of GMX. Such variation is considered a matter of form and not substance. GMX, at its sole and absolute discretion, reserves the right to waive Minor Irregularities.

Procurement Agent:

The GMX employee identified as the contact for this Procurement Process to whom Questions shall be directed and Bid Packages submitted to.

Procurement Process:

The competitive process followed by GMX for the selection of a qualified and experienced Contractor pursuant to the requirements of the Procurement Policy and the procedures established in the Solicitation Documents. The Procurement Process starts when a Solicitation Document is released and ends when an Agreement is executed.

Questions:

Any questions, requests for information, requests for documentation, inquiries, or any other requests from prospective Bidders related to this Procurement Process, the Solicitation Documents, the Contract Documents, or procedures related thereto, for the purpose of preparing a Bid Package.

Responsible Bidder:

A Bidder who, in the sole judgment of GMX, has the business judgment, experience, facilities and capability in respect to fully perform the requirements of the Agreement, and the integrity and reliability that will assure good faith performance as required by the Contract Documents.

Responsive Bid Package:

A Bid Package as submitted by a Bidder on or before the established Deadline that conforms to material aspects to the requirements of the Solicitation Documents.

Solicitation Documents:

The term Solicitation Documents includes, if applicable: the Advertisement, the Invitation to Bid (ITB), the Request for Proposals (RFP), the Request for Statements of Qualifications (RSOQ), the Request for Qualifications (RFQ), the Invitation to Negotiate (ITN), Addenda/Addendum, and other information or documentation mailed or otherwise transmitted to the Bidders providing and requesting information for the purpose of preparing the Bid Package.

Subcontractor:

A legal entity having a direct contract with the Contractor or with any other Subcontractor of the Contractor for performance of a part of the Work of the Agreement.

Successful Bidder:

The Responsible Bidder that submits a Responsive Bid to whom, pursuant to the selection process provided in the Solicitation Documents, GMX makes an award.

Suspension:

The temporary debarment of a Bidder at the discretion of GMX for a period not to exceed two (2) years for reasons including, but not limited to, violation of GMX policies, submittal of a fraudulent Bid Package, or unsatisfactory Contract Performance Evaluation as further detailed in the Contract Performance Evaluation Procedures.

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Technical Representative:

The person assigned by GMX that is knowledgeable of the Work described in the Solicitation Documents, who will be available to meet with the Bidder(s) as further described herein.

Work or Services:

Labor, materials, equipment, engineering services and incidentals required to execute and complete the requirements of the Contract Documents, including services and responsibilities prescribed or implied.

3.2 NON- MANDATORY PRE-BID CONFERENCE

GMX shall conduct a non-mandatory Pre-Bid Conference on the date and time indicated in the Schedule of Events above. The non-mandatory Pre-Bid Conference will be held at the William M. Lehman Building (“GMX Headquarters”) located at 3790 Northwest 21st Street, Miami, Florida 33142. The non-mandatory Pre-Bid Conference is open to the public.

THIS IS AN IN-PERSON MEETING. THERE IS NO CALL IN OR VIRTUAL ATTENDANCE FOR THE NON-MANDATORY

PRE-BID CONFERENCE.

ALTHOUGH ATTENDANCE AT THE PRE-BID CONFERENCE IS NOT MANDATORY, BIDDERS ARE ENCOURAGED

TO ATTEND.

The purpose of the Pre-Bid Conference is to provide an open forum for GMX to review the Solicitation Documents and the Work with the potential Bidders as well as to respond to any Questions or concerns Bidders may have regarding the Solicitation Documents and/or the Work.

Bidders should pay particular attention to identifying any improvements, corrective measures, any conflicting information or other changes that should be incorporated into the Solicitation Documents or the Contract Documents that may have been overlooked.

Failure to submit written Questions prior to the Pre-Bid Conference will not preclude Bidders from verbally asking Questions at the Pre-Bid Conference.

Questions arising before and after the Pre-Bid Conference should be addressed in compliance with the sections entitled Communications, as well as the Deadline for Bidders to Submit Questions identified in the section entitled Schedule of Events.

In the event that discussions or Questions at the Pre-Bid Conference require additions, deletions, or clarification to the Solicitation Documents an Addendum will be issued at the discretion of GMX. No oral representations or discussions that take place at the Pre-Bid Conference will be binding to GMX.

An audio copy of the meeting can be requested up to the Deadline to submit Questions.

Persons with disabilities who need an accommodation to participate in GMX meetings in connection with…