Res No 178-17-14979RESOLUTION NO: 178-17-14979
A Resolution authorizing the City Manager to enter into a sole source
one year agreement with Florida Sidewalk Solutions, LLC for Citywide
Sidewalk Repairs.
WHEREAS, the Mayor and City Commission wish to provide sidewalk repairs to
several locations within the City; and
WHEREAS, the City wishes to enter into a sole source one year agreement with
Florida Sidewalk Solutions, LLC to provide Citywide Sidewalk Repairs; and
WHEREAS, Florida Sidewalk Solutions, LLC is sole source and holds several U.S.
Patents that are not infringing on any existing U.S. Patents; and ..
WHEREAS, Florida Sidewalk Solutions, LLC will utilized patented saw cutting
method and equipment for removing sidewalk trip hazards and achieve repair slopes in
accordance with the Americans with Disability Act; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager
to enter into a sole source one year agreement with Florida Sidewalk Solutions, LLC for
an amount not to exceed of $20,000.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to enter into a sole source one year
agreement with Florida Sidewalk Solutions, LLC, for Citywide Sidewalk Repairs for an
annual amount not to exceed of $20,000. The expenditures of $20,000 shall be charged
to the People Transportation Plan Fund account 124-1730-541-6490, which has a
balance of $946,400 before this request was made.
Section 2. Severability. If any section, clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this5thday of Septembe}:"2017.
ATIEST: APPROVED:
Page 1 of2
Res. No. 178-17-14979
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
Page 2 of2
SoutOOiami
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
To: The Honorable Mayor & Members of the City .commission
FROM: Steven Alexander, City Manager
. Agenda Item No.: 5 DATE: September 5,2017
SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a sole
source one year agreement with Florida Sidewalk Solutions, LLC for Citywide
Sidewalk Repairs.
BACKGROUND: Due to several concerns, a sidewalk assessment condition was performed. The
results of this assessment resulted in the recommendation to implement a
Citywide Sidewalk Repair Program.
AMOUNT:
The City wishes to utilize Florida Sidewalk Solutions LLC, whichis a sole source
provider and holds several U.S. patents due to its unique method and cost
effective solutions of removal of sidewalk trip hazards. Florida Sidewalk
Solutions, LLC utilizes a patented saw cutting method and equipment for the
removal of sidewalk trip hazards which achieve repair slopes based upon
requirements outlined by the American with Disability Act. All raised sidewalks
X-in in elevation and up to 2-in will be reduced with the guarantee that
sidewalk saw cutting will have a uniform appearance and texture.
Amount not to exceed $20,000
FUND & ACCOUNT: The expenditure shall be charged $20,000 to the People Transportation Plan
Fund account 124-1730-541-6490, which has a balance of $946,400 before
this request was made.
AnACHMENTS: Resolution
Florida Sidewalk Solution Contract
SOLE SOURCE CONTRACT FOR CITYWIDE SIDEWALK REPAIRS
THIS SOLE SOURCE CONTRACT, entered into this g'!/,aay of AflJlfsf-,2017, by
the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to
as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
salexander@sDuthmiamifl.gDvand Florida Sidewalk Solutions. LLC,with an office and principal
place .of business located at 7051 SW22nd Court; Davie. Fl. 33317, and E-mail address of
BetkY@F.JDridaSidewalkSolutions.~cimand Facsimile transmissiDn number of 954/616-8834 .
(hereinafter called the "CONTRACTOR").
WITNESSETH:
WHEREAS, the CITY is in need .of Citywide Sidewalk Repaii's; and
WHEREAS,the CITY desires to retain CONTRACToR to provide the required goods
and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is
qualified and capable of providing said goods and/or services in a prDfessiDnal and timely
manner and in accDrdancewith the CITY's goals and requirements; and
WHEREAS, CONTRACTOR has agreed to provide the required gDodsand/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE,in considerationof the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of contractpr: ~ased .on the representations of CONTRACTOR as set
out Inthe follOWing "checked" documents the CITY hereby retains CONTRACTORto proVide the
goods and/or services setforthln said proposal,. quote or response to Solicitation, whichever is
applicable, as modified by the Contract Documents, Dr as is otherwiSe set forth in the Contract
Docl!mentsdefined below (ali of which Is hereinafter referred to as the Work"). .
(Ch(!ck the box Ir'nr'nedlatelyprecedlng the document. described below to Indicate that such document Is part of this
Contract)
[v] Contractors proposal orquDte, or ifnonejEXHIBIT 1
[v ]As described in paragraph 2 below.
2) Contract Do(:uments: The Contract DDcuments shall .include thisCDntract and the
follOWing "checked documents", as well as any attachments or exhibits that are made a part of
any ofthe "checked documents".
(Check the bOl< Immediately preceding the document described below to Indicate that such document Is part of this
Contract)
[V] SCDpe of Services, EXHIBIT 1
[v] CITY's Insurance & Indemnification Requirements, EXHIBIT 2
This Contract and the General ConditiDns tD Contract, Supplementary Conditions, the
SDlicitation, SCOPe .of Services and "Other Documents", if any are "checked dDcuments", shall
take precedent over the response tD the CITY's Bid DDcuments, if any, or the prDposal or the
quote, if any. The "checked documents" are attached heretD and made a part hereDf by
reference.
3) Date of Commencement: CONTRACTOR shall commence the performance .of the
Work under this Contract on the date as set forth in the text follDwing a checked bDX, [] .on
TOD Dr [] a date tD be specified In a Notice to Proceed, or Purchase Order, (hereinafter referred
tD as the "Work CDmmencement Date")' or [ ] as set forth in the CONTRACTOR'S proposal Dr
quote and shall complete the perfDrmance hereunder within N/A days Dr the length oftime set
forth in the Contract Documents, for a term not to exceed five'S) consecutive years, whiChever
is the shorter period .of time. Time is of the essence.
4) -Primary Contacts: the Primary Contact PersDn in charge of administering this
CDntract on behalf of the CITY is the City Manager ("Manager'), assistant Manager, Dr the
Thomas F. Pepe 2016
07129/16
Manager's designee, who shall be designated in a writing signed by the Manager. The Primary
Contact I'erson for CONTRACTOR and his/her contact information is as follows: Name: Beckv
Navia e"mail: Becky@FloridaSidewalkSolutions.com: Fax: 954/616-8834 Street Address: 7051
SW22nd Court. Davie, Fl. 33317. .. .
5) Scope of Services: The goods and/orservices to be provided are as set forth in the
1/ checked documents". .
6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's
performance under the terms and provisions of this Contract; or CONTRACTOR's payments in
the event CONTRACTOR is paying the City for the uses ofthe CITY's property or services,
(hereinafter referred to as the Contract Price) shall be as indicated next to one of the following
checked boxes, [ ] $. or as set forth in [] CONTRACTOR's response to the CITY'.s
written solicitation, if any, 01', if none, then as set out in[ 'If] CONTRACTOR's proposal or quote,
EXHIBIT 1, ['If ] the Scope of Services, EXHIBIT I, or as set forth in, or modified by, one of the
Contr;lct Documents; whichever is applicable.
7) Hours of Work: In the event that this Contract requires the performC!nce of
services, it is presumed that the cost of performing the Work after regular working hours, and
on Sunday and legal holidays, is included. iii the Contract Price. However, nothing contained
herein shall authorize work on days and during hours that are otherwise prohibited by
ordinance unless specifically authorized or instructed in writing by the City Manager, the
Manager's asslstantor designee.
8) Time Provisions: The term of thiS Contract shall commence on the Work
Commencement Date and shall c:onthluefor a term not to exceed. five (5) consecutive years,
or until it .expires on TBD, or unless earlier terminated according to the Contract Documents.
Notwithsta'nding the foregoing, this Contract may be extended by an additional Qperiod If the
extension is inwritlngandsigned by the City Manager~ An extension oftheterm of this Contract
is attheCITY's sole and absolute discretion.
9) Terminat.ion: This Contract may be terminated without c(luse by the CITY with 30
days of advanc:ed written notice. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the Contract Documents.
10) Applicable Law and Venlle: Florida law shall apply to the interpretation and
enforcement ofthis Contract~ Venue for all proceedings shall be in Miami-Dade County, Florida.
11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental
body having jurisdiction over any matter related to this Contract or the goods and/or ~ervices
to be performed hereunder, and shall commit notrespass on any private property in performing
any of the work embraced by this Contract. Each and every provision and/or clause required
by law to be inserted in this Contract shall be deemed to bel inserted herein and this Contract
shall be read and enforced as though such provisions and/or clauses were included herein.
12) Change Orders: No additional Work or extras shall be done unless the same is duly
authorized in writing and in advance ofthe work by appropriate action by the City Manager and
iii accordance with the Contract Documents.
13) Licenses and Certifications: contractor shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the
Work.
14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents.
15) Liquidated Damages: In the event that CONTRACTOR shall fail to complete the
Work within the time limit set forth in the Contract Documents, or the extended time limit
agreed upon; in accordance with the procedure as more particularly set forth in the Contract
Thomas F. Pepe 2016
07129/16
Documents, liquidated damages shallbe paid at the rate 01$ N/A dollars perday until the Work
is completed.
16) Jury Trial Waiver: The parties waive their right to jury trial.
17) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or
oral. The Contract Documents may not be modified or amended except in writing, signed by
both parties hereto and if this Contract is required to be approved by the City Commission, all
amendments thereto must be approved in the same manner and with the same formality as
this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not
be modified or amended by any acts or omissions ofthe parties. No failure to exercise and no
delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be
Implied by any actor omiss,ion.
18) Public Records: CONTRACTOR and all of its subcontractors are required to comply
with the public records law (s.119.0701) while providing goods and/or services on behalf ofthe
CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph In all of its
subcontracts for this Project and shall: (a) Keep and maintain public records required by the
public agency to perform the senticej (b) Upon request from the public agency's custodian of
public records, provide the public. agency 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 in this chapter oraS otherwise provided by lawj (c) Ensure that public records
that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law for the duration of the Contract term and following
completion ofthe Contract if CONTRACTOR does not transfer the recordsto the public agencYj
and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of CONTRACTOR or keep and maintain public records required by the
public agency to perform the service. If CONTRACTOR transfers all public records to the public
agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public· records upon completion of the
Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be prOVided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatiblewith the information
technology systems ofthe public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail:
mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL
.33143.
19) Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its
Agency in such related activity or who may have access to secure or sensitive areas of the City,
must be in compliance with Level II Background Screening and fingerprinting requirements as
per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer.
CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in
any such related activities without having passed a background screening to the satisfaction of
the City. A violation ofthis requirement shall constitute a substantial breach of this Contract.
Thomas F. Pepe 2016
07129/16
20) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this
Contract by reference.
21) Transfer and Assignment. None of the work or services under this Contract shall
be subcontracted or assigned without prior written consent from the CITY which may be
denied without cause.
22) Notices. All notices given or required underthis Contract shall be deemed
sufficient if sent by a method that provides written evidence of deliitery, including e-mail and
facsimile transmission and delivered to CONTRACTORor his designated contact person.
Return of mail, sent to the address contained herein for the parties ot their contact persons,
as not deliverable or for failure to claim the mail shall be deemed received on the datetltat
the mall is returned to sender.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to be
legally bound by the terms hereof.
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By:~4~
City Attorney
Thomas F. Pepe 2016
07/29/16
By:,~~~~ ______ ~
~~~~~~~_/~W~
July 21, 2017
Stev.en Kulick, Chief Procurement Officer
City of South Miami
6130 SuhsetDrive
South Miami, FL 33143
RE: Patent information
Dear Mr. Kulick,
3191 N. Canyon Road Provo, UT 84604
P:(801) 224·0025 F: (801) 224·0062
WWw.$lifeSldewalks.com
Due to the nature of our business and our patented equipment and methods, frequently we
have been asked to provide a letter stating that our technology relies upon patents that
have been issijed.by the US Patent and Trademark office.
Florida Sidewalk Solutions is the exclusive South Florida franchise and is the only
company in South Florida authorized to use the patented equipment and method for
removing sidewalk trip hazards as described by the following patent numbers:
U.S. Pat. No. 6,827,074
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,000,606
U.s; Pat. No. 7,143,760
U.S. Pat. No. 7,201,644
U.S. Pat. No. 7,402,095
As of the above date, the patents listed are currently all in good standing. If you have any
questions or comments please feel free to give me a call.
Matt ey, Pr side
Precis on Concrete Cutting
3191 N. Canyon Rd
Provo, Utah 84604
(801) 373-3990
EXHIBIT 1
SOLE SOURCE CONTRACT FOR CITYWIDE SIDEWALK REPAIRS
Thomas F. Pepe 2016
07/29/16
• CONTRACTORS QUOTE
• SCOPE OF SERVICES
Florida Sidewalk Solution
Scope of Work & Pricing
Prepared for
The City of South Miami
July 31, 2017
Florida Sidewalk Solutions (FSS) will reduce all raised sidewalks W' in elevation and up to
2" raised in,designated work areas. If the slab is raised an excess of2.", the entire flag must
be replaced, which is outside of the scope of our work.
FSS will guarantee specified repair slope (1 :12 based upon requirements outlined by the
Americans with Disability Act) is achieved. Ifdefined slope is not achieved, FSS will repair
to specification at no additional charge within 24 hours of discovery.
FSS will guarantee that sidewalk saw cutting will have a uniform appearance and texture.
FSS will perform work using our patented saw cutting method and equipment shall entail precise
saw cutting performance with diamond tip blades. FSS will not grind or pulverize the concrete.
FSS will not use water cooling as slurry can contaminant storm drains. FSS will not leave
ridges or grooves that can hold water and prevent drainage of rainwater or irrigation.
FSS will cut both sides of flag that is raised at both ends, leaving an absolute zero point of
differential between flags.
FSS will not use any type of fill material that deteriorates or breaks apart over time.
FSS will not cause any damage to landscaping, retaining walls, curbs, sprinkler heads, utility
covers, or other objects. IfFSS'sequipment causes damage to any of the above, the city will
be notified immediately and damages will be repaired at our expense within a timely manner.
pg, 1
~--~-r')~if~
••
705.1 SW 22nd Court, D!lvie, FL 33317
P: 954·514·7218 oj< F: 954-616-8834
Info@floridasidewalksolutions.com
FSS will completely and immediately clean up all the debris after each sidewalk is repaired.
All cost incurred for disposal or waste material shall be included in our unit cost and not paid
separately.
FSS shall submit a detailed invoice setting forth the services performed in accordance with
the formula for saw cutting calculations.
FSS will submit an itemized summary of all raised sidewalk reductions which includes:
A. The specific height -both high side and low Side measurement in 8th of an inch
B, The calculated unit for measurement shall be the average depth ofllie affected
sidewalk multiplied by the width resulting in an inch feet total
C. The total width of .actual repair to the nearest V2 foot
D. The physical location address of each repair
E. Itemized cost for each saw cut sidewalk based on FSS price per Inch Feet of $30.50
Left Comer Lift + Right Comer Lift -:-by 2 = Ava Height of hazard
Ava Height of hazard x linear ft. per hazard = Inch Feet
Inch Feet x Cost per Inch Feet ($30.50) = Removal cost per hazard
Inch Feet Example:
Based on a 4 foot sidewalk lifted at joint % JJ on one corner & Y4" on the other
,
F. Add the two lift comers: W' one comer + W' other comer (.50 + .25= .75)
a.Findthe lift average by dividing:the total (.75 by 2 = .375)
H. Multiply the average by the sidewalk length (4' x .375 = 1.5)
I. Multiply the inch feet by our cost of$30.50 ($30.50 x 1.5 = $45.75)
J. Total price to remove trip hazard = $45.75
FSS Estimate Sample (Exhibit A)
All FSS invoices will show the cut depth, size, length, width, address location and inch feet
calculation
FSS Invoice Sample: (Exhibit B)
FSS will schedule the operations as to cause aminimum·ofinterruption, interference, or
disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc.,
and allow access for pedestrians to emergency, delivery, and service vehicles at all times .
pg.2
.... -.;::!!!-IM:~')~®aWm~
» .
7051 SW 22nd Court, Davie, FL 33317
P: 954-514-7218 '" F: 954-616-8834
Info@floridasidewalksolutions.com
FSS will not leave saw cut equipment and all other incidental work items on the sidewalk or
on private property while not in use. .
IfFSS employees are approached by the public with questions, we shall address the concerns
in a professional and polite manner and refer the public to the Public Works Department.
FSS will provide a safe work zone while performing work on sidewalks (cones signs etc.)
and it shall follow the FDOT maintenance of traffic (MOT) standard details,
FSS will provide proof (Exhibit C) that they are not infringing on any existing UoS. Patents
and showpatent numbers for equipment specifically used and designated for saw cutting on
sideWalks .
.> U.S. Pat. No. 6,827,074
) UoS. Pat. No. 6,896,604
) U.S. Pat. No. 7,000,606
) U.S. Pat. No. 7,143,760
) U.S. Pat. No. 7,201,644
) U.S. Pat. No. 7,402,095
FSS will limit its work activity to the hours of7 a.m. through 6 p.m. on weekdays from
Monday through Friday.
pg.3
7051 SW 22nd Court, Davie, FL 33317
P: 954·514·7218 * F: 954·616·8834
Info@floridasidewalksolutions.com
.
EXHIBIT A
Trip Hazard Removal Estimate
Florida Sidewalk Solutions
4009 SW 7th St
Plantation, FL 33317
FederallD #: 56-2520955 .
CC# E0600786
Ph:954-514-7218/Fax:954-616-8834
Total Inch Feet: 39;63 .
1---'------1
Cost Per Inch Foot: $30.50
'---"------'
Total Ln.Ft.
116;00
City of South Miami
Ricardo Ayala
305-403-2063
Total # TriPHazards:~ __ 2 ___ 2--,-_....,.j
Estimated Removal Cost: ,-_..:...$1...;..,2_0_8._72_--1
Total In. Ft.
39.63
~61KLLM~®~~~~C[~~61L~)1r!r?}~10_=:_~=~~~_:r -_-~_:_--= ~ ~_ ~-____ ~_-~=-=-=]L-~:--__ =][=~~_=~_-~=J 1'''''-1[-' --!U 'Jlf~~~lt-4~---1' --~-.... I! .... -.. -~--... -.. r ------r-" ---,--~ ---]
It L-.:-. ____ UI ___ -_::--=---__ -' ~':y;. -, r r, .... -. ''--'~~y~ j l._ldO)~ __ [_jh~!-c][ j~lf~lliJ Jl_~I~~~~~J=I_ j __ . __ .. __ ._ ~~~(~':"~ ________ L ______ J ___ ~~:~~:~c). __ _ .... _----
2 0.25 0.25 5 6405SW57 Ct 1.00
3 0.50 0.00 5 6405SW5TCt 1.00
4 0.25 0.25 5 6405 SW57 Ct 1.00
5 0.25 0.50 5 6405 SW57 Of chip/hole 1.00
6 0.50 0.25 5 6405SW57Ct 1.00
7 0.75 0.25 5 6425 SW57Ct 2.00
8 0.75 0.25 5 6505 SW57 Ct 2.00
9 0.25 0.00 5 6505SW57 Ct 1.00
10 0.50 0.00 5 6505 SW 5TCt chip/hole 1.00
11 1.00 1.25 5 6505 SW57 Ct 5.63
12 0.25 0,00 5 6545SW57 Ct 1.00
13 0.50 0,00 5 6545 SW57 C! 1.00
14 0.25 0.50 5 6545 SW57 Ct 1.00
15 0.25 0.25 8 6540SW57 Ct orner stClR. s19 1.50
16 0.50 1.50 5 6540 SW57 Ct 5.00
17 0.50 0.00 5 6540 SW57 Ct 1.00
18 0.50 0.25 5 6540 SW57 Ct 1.00
19 0.75 0.25 5 6530 SW57 Ct 2.00
20 0.50 0.25 5 6520SW57 Ct 1.00
21 0.75 1.25 5 6520 SW57 Ct 5.00
22 0.50 0;25 5 6520 SW57 Ct 1.00
Totals: 116.00 39.63
L-=]E __ JJEZ]l:-=--==1Ji~-===_ 'If@~C%~J]]F5--][=--= ®TI~~
Florida Sidewalk Solutions
4009SW 7 Street
Plantation, FL 33317
0: 954 514~7218
F: 954 616~8834
TO: CITY OF SOUTH MIAMI
RicardoAyala
QUANTITY
EXHIBIT B
DESCRIPTION
INVOICE
INVOICE #: CSM073117
DATE: 07/31/2017
UNIT PRICE TOTAL
22 Sidewalk Repair at City of South Miami $1,208.72
------~--------------~-----------------'"---------------
--------------~----------~---------------------------------------------r---------------------------------
-------------------------------------------------------
-------------------------------------------------------------------
SUBTOTAL $1,208.72
SALES TAX NI A
TOTAL DUE $1,208.72
Make all checks payable to Florida Sidewalk Solutions
If payment is not received thirty (30) days after completion an additional 10% win be added to the total contract price_
For any questions concerning this invoice, contact Savannah Harris # 954-514-7218
THANK YOU FOR YOUR BUSINESSI
Invoice Cut Sheet
Florida Sidewalk Solutions
4009 SW 7th St
Plantation, FL 33317
FederallD #: 56-2520955
CC# E0600786
Ph:954-514-7218/Fax:954-616-8834
2
EXHIBIT B
Total Inch
Feet: 39.63
Cost Per
Inch Foot: $30.50
City of South Miami
Ricardo Ayala
305·403-2063
Total # Trip
Hazards: 22
Estimated
Removal Cost: $1 208.72
EXHIBIT
July 21, 2017
Steven Kulick, Chief Procurement Officer
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
RE: Patent information
Dear Mr. Kulick,
II
3191N. Canyon Road Provo, UT 84604
P: (B01) 224-0025 F: (801) 224-0062
www.SafeSfdewafks.com
Due to the nature of our business .and our patented equipment and methods, frequently we
have been asked to provide a letter stating that our technology relies upon patents that
have been issued by the US Patent and Trademark office.
Florida Sidewalk Solutions is the exclusive South Florida franchise and is the only
company in South Florida authorized to uSe the patented equipment and method for
removing sidewalk trip hazards as described by the following patent 11Unlbers:
U.S. Pat No. 6,a27,074
U.S. Pat. No. 6,896,604
U.S. Pat. No. 7,000,606
U.S. Pat. No. 7,143,760
u.s. Pat. No. 7,201,644
U.S. Pat. No. 7,402,095
As of the above date, the patents listed are currently alI in good standing. If you have any
questions or comments please feel free to give me a call.
EXHIBIT 2
SOLE SOURCE CONTRACT FOR SIDEWALK REPAIRS
INSURANCE & INDEMNIFICATION REQUIREMENTS
Insurance Requirements
Without limiting its liability, the contractor; consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to
procure and maintain at its own expense during the life qf the Contract, insurance of the types
and In the minimum amounts stated below as wili prOtect the FIRM, fromdaims which may
arise out of or result from the contractor the performance of the contract with the City of
South Miami, whether such claim is. against the FIRM or any sub-contractor, Or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may
be liable.
No insurance required by the CITY shall be issued or Written bya surplus lines carrier unless
authorized in writing by the CITY and such authorization shall be atthe CITY's sole and
absolute discretion. The FIRM shall purchase insurance from and shall maintaintheinsurance
with a company or companies lawfully authorized to sell insurance in the State of Florida, on
forms approved by the State of Florida, as will protect the FIRM, at a minimum, frOm all claims
as set forth below which may arise out of or result from the FIRM's operations under the
Contract and for which the FIRM may be legally liable, whether such operations be by the
FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other siinilar employee benefit acts Which are applicable to the Work to
be performed; (b) claims for damages because of bodily injury, occupational sickness or
disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury,
sickness or disease, or death of any person other than the FIRM's employees; (d) claims for
damages insured by usual personal injury liability coverage; (e) claims for damages, other than
to the Work itself, because of injury to or destruction of tangible property, including loss of
use resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims
for bodily injury or property damage arising out of completed operations; and (h) claims
involving contractual liability insurance applicable to the FIRM'S obligations under the
Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all
the Work to be performed under this Contract has been completed and accepted by CITY (or
for such duration as is otherwise specified hereinafter), the insurance coverage written on
Florida apPrOved forms and as set forth below:
Workers' Compensation insurance at the statutory amount asto all employees in compliance
with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida
Statutes, as presently written or hereafter amended, and all applicable federal laws. In
addition, the policy (ies) must include: Employers'Liabilityat the statutory coverage amount.
The FIRM shall further insure thatall of its Subcontractors maintain appropriate levels of
Worker's CompensationlnSurarice.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision,al1d personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occ;urrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida
~pproved form with the same coverage as the primary insurance policy but in the amount of
$1,000,000 per claim and $2,()00,OOOAnnual Aggregate. Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive General Liability policy,
without restrictive endorsements, asfiledby the Insurance Services Office, and must include:
(a) PremiseS and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage .
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury liability and Property
Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars ($l,OOO,OOO.OO) plus
an additional One Million Dollar ($l,OOO,OOO.OO) umbrella per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and
must include: .
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and
substituting the word Subcontractor for the word FIRM where applicable.
Fire and Extended Coverage .Insurance. (Builders' Risk), IF APPLICABLE:
In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to. the CI.TY, "Broad"
form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief
coverage, while hi the course of construction, including foundations, additions, attachments and
all permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies shall also cover machinery, if the cost of machinery is included in the Contract,
or if the machinery is located in a building that is being renovated by reason of this contract.
The amount of insurance must,at alHimes,be at least equal to the replacement and actual cash
value ofthe insured property. The policy shall be inthename of the! CITY and the CONTRACTOR,
as their interest may appear, and shall also cover the interests. of all Subcontractors performing
Work.
All of the provisions set forth in the Miscellaneous section below shall apply to this coverage
unless it would be clearly not applicable.
Miscellaneous:
If any notice of cancellation of inSurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM shall be responsible for securing other acceptable insurance prior to
such cancellation, change, or expiration so as to provide continuous coverage as specified in
this section and so as to maintain coverage during the life of this Contract.
All deductibles must be declared by the FIRM and must be approved by the CITY. At the option
of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall
procure a Bond, in a form satisfactory to the CITY coVering the same.
The policies shall contain waiver of subrogation against CITY where applicable, shall expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies for
review. All policies shall contain a "severability of interest" or "crossliability" clause without
obligation for premium payment of the CITY as well as contractual liability provision covering
the Contractors duty to indemnify the City as provided in this Agreement.
Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any,
certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is
issued, the insurance policy, including the declaration page and all applicable endorsements
\
and provide the name, address and telephone number of the insurance agent or broker
through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M.
Besfs Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida.
All insurance policies must be written on forms approved by the State of Florida and they must
remain in full force and effect for the duration of the contract period with the CITY. The FIRM
may be required by the CITY,at its sole discretion, to provide a "certifiedcopy" of the PoliCy
(as defined in Article 1 of this document) Which shall includethe declaration page and all
required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the
insurance certificate, the following endorsements:
. a policy provision or an endorsement with substantially similar provisions as follows:
liThe City of South Miami is an additional insured. The insurer shall pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of
'bodily injury", 'property damage' ,or "personal and advertising injury" and it will
provide to the City all'of the coverage thatis typically provided under the standard
Florida approved forms for commercial general liability coverage A and coverage B";
a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of South
Miami ten (10) days advanced written notice of the intent to materially modify the
policy or to cancel or terminate the policy for any reason. The notification shall be
delivered to the City by certified mail, with proof of delivery to theCity."
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm
which might arise during the work or event that is occurring on the CITY's property due to the
negligence or other fault of the Contractor or anyone acting through or on behalf of the
Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates,
employees, successors and assigns, harmless from any and all damages, claims, liability, losses,
claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's
fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or
following any litigation, mediation, arbitration and at all appellate levels, which may be
suffered by, or accrued against, charged to or recoverable from the City of South Miami, its
officers, affiliates, employees, successors and assigns, by reason of any causes of actions or
claim of any kind or nature, including claims for injury to, or death of any person orpersons
and for the loss or damage to any property arising out of a negligent error, omission,
misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its
contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of the
Contractor's obligations under this AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature
whatsoever, in connection therewith, including the expense or loss of the CITY and/or its
affected officersj affiliates, employees, successors and assigns, inclucling their attorney's fees,
in the defense of any action in law or equity brought against them and arising from the
negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents,
representatives,employees, or assigns, and/or arising out of, or incident to, this Agreement,or
incident to or resulting from the performance or non-performance of the Contractor's
obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, sucCessors and assigns shall be held liable or responsible for any claims, including
the costs and expenses of defending such claims which may result from or arise out of actions
or omissions of the contractor, its contractor/subcontractor or anyof their agents,
representatives, employees, or aSSigns, or anyone acting through oron behalf of the them,
and arising out of or concerningthe work or event that is occurring on the CITY's property. In
reviewing,approving or rejecting any submissi.ons .or acts of the Contractor, CITY in no way
assumes or shares responsibility or liability for the acts or omiSSions of the Contractor, its
contractor/subcontractor or any of their agents, representatives,employees, or assigns, or
anyone acting through or on behalf of them.
E; The Contractor has the duty to provide a defense with an attorney or law firm
approved by the City of South Miami; which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08(1),
Florida Statutes, none of the provisions set forth herein above that are in conflict with this
subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the
design professional concerning indemnification. Thus, the design professional's obligations as
to the City and its agencies, as well as to its officers and employees, is to indemnify and hold
them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the design professional and other persons employed or
utilized by the design professional in the performance of the contract.