Brandano Displays RFP PW2014-11 Downtown Business Districk LED Lighting ProjectSouth Miami
THE OTY OF K FA$eyNT UVINr
CITY OF SOUTH MIAMI
Downtown Business District LED Lighting
Proposal Due Date: 10 AM, November 6, 2014
RFP #P2014 -1 1
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or RFP "). All references in this Solicitation (also referred: to as an "Invitation for Proposals" or
"Invitation to Bid ") to "City" shall be a :reference to the City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined:
The City is hereby requesting sealed. proposals in response to this RFP #PW2014 -1 I titled Downtown
Business District LED Lighting. The purpose of this RFP is to contract for the services necessary for the
completion of the project in accordance with the scope of services and the plans and/or specifications, if any,
described in this RFP (hereinafter referred to as "the Project" or "Project ").::
Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's
office Monday through Friday from 9.00 A.M. :: to 4:00 P.M. or by accessing:: the following webpage:
http :ftwww.southmiamifl.gov/ which is the City of South .Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all
documents listed in the RFP :Table of Contents.
The Proposal Package shall consist of one (1) original unbound proposal, two( 2 ) additional copies and one (1)
digital (or comparable medium including Flash Drive, DVD or CD) coov::all of which shall hp [iPlivProd m k-
-- — — —1 --, —
entire Proposal Package sha
Information clearly printed;
delivered: the title of tl
#P20I4 -1 I and the nam
provided by UPS or Federal
the front or back of the ens
or hand delivery, no later tt
10 A.M. on the same date it
33143. Any Proposal receiv
Any uncertainty regarding
proposal and in favor of the
A Mandatory Pre- Propoi
October 28, 2014 at I0;C
subject to the terms, condi
affidavits and documents coi
person with the lowest, me
the City, or the City Comm!
in the Proposals or RFP prc
contract with a Respondent
scope: of the work is divided.
Maria M. Menendez, CMC
City Clerk, City of South Miami
Page I =of
a
� i
nth Miami
lHF tl;11V {1i- PLC%SANr UWNC,
ADDENDUM No. #1
Project Name: Downtown Business District LED Lighting
RFPNOJ PW2014 -11
Date: October 30, 2014
Sent: FaxfE-mail /webpage
This addendum submission is issued to clarify, supplement and/or modify the previously ` issued Request
for Qualifications (RFQ) Documents, and is hereby made part of the Documents. Alf requirements of
the Documents not modified herein shall remain in full force and effect as originally set forth. it shall be
the sole responsibility of the bidder to secure Addendums!that may be issued for a specific solicitation.
Note: The "Schedule of Events" has been revised, including the Deadline to Submit REP Response.
See chart below:
Question #1:
Can the City clarify the type of light sets that are required?
Answer to aEafign #1:
The specification for light sets required by the City are as follows:
• Manufacturer: Blachere Illumination, or an a proved equal.
• Product No: FL508
Page 1 of 2
adline to Submit uestions
11 {7/2014
10:00 AM
J
adhneta Ci Res onsesto Questions
11I12J2014
14;00 AM
I>
Deadline to Submit RFP -Res onse
11/1812014
10:00 AM
b
Announcement of selected Contractor /Cone of
Silence ends'
12118/2014
7-00 PM
Question #1:
Can the City clarify the type of light sets that are required?
Answer to aEafign #1:
The specification for light sets required by the City are as follows:
• Manufacturer: Blachere Illumination, or an a proved equal.
• Product No: FL508
Page 1 of 2
o Description: 200 LED's per strand. 4" apart; 12 Watt; 120 Volt
o Cable Color: Green
o LED Color: Pure white.
Question #2:
Will the City be leasing the lights or is this a capital project.
Answer to Question #2:
This is a capital project for the City:
Question #3:
One the trees in the designated areas have lights installed, who is responsible when a tree goes down or
is damaged in a storm of other acts of God.
Answer to Question #3:
The City is responsible to remove a damaged tree and clear the area, Light sets will be removed from
the damaged tree and disposed of by the City. Eventually, the City will install a replacement tree. In
this case_ the "per light set" price submitted by a respondent will be used to purchase the required
replacement light sets. The contractor will install the replacement light sets and will be handled under
the "Maintenance Program'
Question #4:
Is the maintenance program on an "on -call' basis or, based on regular inspections by the contractor?
Answer to Question #4:
The maintenance program is both on an "ion -call" basis and by regular inspections, the frequency to be
determined by the contractor.
Question #5:
Do all streets identified in the Scope of Services have power for the installation of the LED light sets
and: if not, how does the contractor handle this situation ?';
Answer to Question #5:
Please see revised Scope of Services, "Site Locations," dated October 30, 2014
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION,
Page 2 of 2
South Miami
IHE COY OF PLFMAN1 tMNG
ADDENDUM No. #2
Project Name: Downtown Business District LED Lighting
RFPNO{ PW2014 -11
Date: November 14, 2014
Sent: FaxlE- maillwebpage
This addendum submission is issued to clarify; supplement and/or modify the previously issued Request
for Proposal (RFP) Documents, and is hereby made part of the Documents. All requirements of the
Documents not modified herein shall remain in full force and effect as originally set forth, It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.
Question #1:
Can I please get clarification on cohere the lights begin? At thee, ground or where the outlet is;
which is 3'-4' above the ground,
Answer to Ouestion #1.
The installation of the LED Iights begin at the electrical outlet and proceed outward.
Question #2
Are we to decorate the trunks and canopies or just the trunks?
Answer to Question #2s
Trunks and canopies are to be decorated with LED tights. It is strongly recommended for
interested parties to inspect existing Holiday Lighting recently installed by the City and
currently in place in the downtown area on Sunset Drive (SW .72 Street) and east of US i and
west of Red Road (SW 57 Avenue),
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page I of 1
SCHEI ULE OF EVENTS
No
Event
Date*
Time*
(EST)
I
Advertisement/ Distribution of Solicitation & Cone of
Silence begins
1011412014
4:00 PM
2
�Mandatoa
Pre -RFP Meeting
1012$12014
10:00 AM
3'
Deadline to Submit Questions
10131/2014
10:00 AM
4
Deadline to City Responses to Questions
11/03/2014
10:00 AM
5.
Deadline to Submit FP- Response
1110612014
10 :00 AM
6
Announcement of selected Contractor /Gone of Silence ends
11/18/2014
7u00 PM
END OF SECTION
Page 3 of 5U;:
Thatt�2s F. Pepe � 4 -10.14
INSTRUCTIONS for RESPONDENT
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE
RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL"
THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE
CLOSING HOUR AND DATE STATED ON THE RFP FORM.
I. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price
for the Project. The City reserves the right to award the contract to the Respondent whose proposal is
found to be in the best interests of the City.
2. Qualification of Proposing Firm. Response submittals to this RFP will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience,
organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and
organization or to take any other action necessary to determine ability to perform in accordance with the
specifications, terms and conditions. The City of South Miami will determine whether the evidence of
ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where
evidence submitted, or investigation and evaluation, indicates inability of a firm to perform.
3: Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the
services proposed do not fully: comply with the requirements of this RFP- The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
4: Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of
South Miami. This person or back-up shall be readily available during normal work hours:. by phone, email,
or in person, and shall be knowledgeable of the terms of the contract
5 Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's;
General Provisions, Terms and Conditions herein will take precedence over any terms and conditions
submitted with the response, either appearing separately as an attachment or included within the Proposal.:
The Contract Documents have been listed below in order of precedence, with the one having the most
precedence being at the top of the list and the remaining documents in descending order of precedence.
This order of precedence shall apply, unless otherwise )specified in the Contract or General Conditions to
the Contract:
a) Addenda to RFP
b) Attachments/Exhibits to RFP
c) RFP
d) Attachments/Exhibits to Special or supplementary conditions to Contract
e) Special or supplementary conditions to Contract
f) Attachment(Exhibits to Contract
g) Contract
h) General Conditions to Contract
1) Proposal
6, Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith: in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
e) The error was discovered and communicated to the City within twenty -four (24) hours (not
including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request
for permission to withdraw: the firm's Proposal; and
d) The firm submits an explanation in writing signed under penalty of perjury, stating:: how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
T ` The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to
these instructions to Respondents and they are hereby adopted and made a part: hereof by reference.
B. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by
10 A, October, 31, 2014 to the attention of Steven P. Kulick at skutick(southiami#i gay
or via facsimile at (305) 663 -6346.
Page 4 of 50
Thomas P. Pepe 4•tp -14
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification
of information can be given. Interpretations or clarifications, considered necessary by the City in response
to such questions, shall be issued by a written addendum to the RFP Package (also known as "RFP
Specifications" or "RFP ") by U.S. marl or other delivery method convenient to the City and the City will
notify all prospective firms via the City's website.
10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance
or the need for additional information shall exempt a Respondent from submitting the Proposal on the
required date and time as set forth in the public notice,
IL Cone of Silence: You are hereby advised that this Request for Proposals is subject to the `Cone of
Silence," in accordance with Miami -Dade County Ordinance Nos. 48106 and 99.1. From the time of
advertising until the City Manager issues his recommendation, there is a prohibition on verbal
communication with the City's professional staff, All written communication must comply with the
requirements of the Cone of Silence. The Gone of Silence does not apply to verbal communications atpre-
proposal conferences, verbal presentations before evaluation committees, contract discussions during any
duly noticed public meeting, public presentations made to the City Commission during any duly notice'
public meeting, contract negotiations with the staff following the City Manager's written recommendation
for the award of the contract, or communications in writing at any ":time with any City employee, official or
member: of the City; Commission unless specifically prohibited. A copy of all written communications must
be contemporaneously filed with the City Manager and :City Clerk
11 Violation of these provisions by any particular Respondent or proposer shall render any recommendation
for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in
such event, said Respondent or proposer shall not be considered for any Solicitation for a proposal; for
qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services::
for a period of one year, Contact shall only be made through regularly scheduled Commission meetings,
or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional:'
or clarifying information.
11 lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this
RFP, are hereby placed on formal notice that nether City Commissioners, candidates for :City.:
Commissioner or any employee of the City of South Miami are to be lobbied either individually or
collectively concerning this RFP. Contact shall only be made through regularly scheduled Commission'
meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining.:
additional or clarifying information.
14. Reservation of Right: The City anticipates awarding one contract for services as a result of this RFP and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The
City, however, reserves the right, in its sole discretion, to do any of the following;
a) to reject any and all submitted Responses and to further define or limit the scope of the award,
b) to waive minor irregularities in the responses or in the procedure required by the RFP documents,
c) to request additional information from firms as deemed necessary
d) to :make an award without discussion or after limited negotiations, It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects,
e) to negotiate modifications to the Proposal that it deems acceptable,
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation, It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
I) to award the Project to the person with the lowest, most responsive, responsible Proposal, as
determined by: the City.
j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price,
k) if the scope of the work is divided into distinct subdivisions, to award each subdivision to a separate
Respondent.
Page 5 of 50
Thomas F. Pepe 9•10 -14
15. Contingent Fees Prohibited. The proposing firm must warrant that it has not employed or retained a
company or person, other than :a bona fide employee, :contractor ior subcontractor, working in its employ,
to solicit or secure a contract with the City, and that it has not paid or agreed: to pay any person, company;:
corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in
its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of a contract with the City.
b. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted
vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a
Proposal on a contract to provide any goods or services, or a contract for construction or repair of
public building, may not submit proposals on leases of real property to or with the City of South Miami,
may not be awarded a contract to perform work as a CONTRACTOR, Sub - contractor, supplier, Sub
consultant, or consultant under a contract with the City of South Miami, and may not transact business
with the City of South Miami for a period of 36 months from the date of being placed on the convicted
vendor list.
l7, Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have
the initials of the Respondent's: authorized representative in blue: ink at the location of each and every:
erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten or
printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not
applicable" or "NA ". The proposal shall be delivered on or before the date and time, and at the place and
in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be
rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver
to the City, as part of its Proposal, the following documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal /Bid Bond, (Bond or cashier's check), if required, attached to the: Proposal Form.
s) Certificates of Competency as well as all applicable State, County and City Licenses held by
Respondent
f) Certificate of Insurance and /or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this RFP the following applies:
a) Brand Names: If a brand name, make, manufacturer`s trade name, or vendor catalog number is
mentioned in this Solicitation, whether or not followed by the words "approved equal ", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are
equal to the goods described in this Solicitation with appropriate identification, samples and /or:
specifications for such hem(s). The City shall be the sole .judge concerning the .merits of items :
proposed as equals,
b) Pricing Prices should be stated in units of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) J:
shall be adjusted to coincide. Respondents are responsible for checking their calculations, Failure to
do so shall be at the Respondent's risk, and errors shall not release the Respondent from his /her or
its responsibility as noted herein,
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to
the City, Each individual sample must be labeled with the Respondent's name and manufacturer's
brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule
indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be
delivered within; ten (10) calendar days of the request. The City shall not be responsible for the
return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on
this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to
notify the City at once, indicating in its letter the specific regulation which required an alteration.
The City of South Miami 'reserves the right to accept any such alteration, including any price
Page b of 54
Thomas R Pepe 4.10 -14
adjustments occasioned .thereby, or to cancel all or any;. portion of the Contract, at the sole
discretion of the City and at no further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a
period of one hundred eighty (180) calendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Invitations for Proposals shall be cause for rejection, as determined by the City,
h) Safety Standards: The Respondent warrants that the product(s) to be .supplied to the City conform .
in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Proposals :must be accompanied by a Materials Data Safety Sheet; (M.S.D.S) when
applicable.
19. Liability;: Licenses &Permits: The successful Respondent shall assume the full duty, obligation, and expense
of obtaining all necessary licenses, permits; and inspections required by this RFP and as required bylaw.
The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the
Respondent (or its agent or employees) or any person acting for or through the Respondent
Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing
requirement necessary to practice their profession and :applicable to the work to be performed as required:
by Florida Statutes, the Florida. Building Code, Miami -:Dade County Code or City of South Miami Code.
These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the
required licenses and certifications or to furnish these documents shall be grounds for rejecting the
Proposal and forfeiture of the Proposal /Bid'Bond, if required for this Project.
20. Respondent shall comply with the City's insurance requirements asset forth in the attached Exhibit 2 or,
if applicable, the General Conditions to the Contract: `
prior to issuance of any Contract(s) or Award(s) If a %recommendation for award of the contract or an
award of the contract is made before compliance With this provision, the failure to fully and satisfactorily
comply with the City's bonding,' if required for this project, and insurance requirements as set forth herein<
shall authorize the City to implement a rescission of the Proposal Award or rescission of the
recommendation for award of contract without further City action. The Respondent, by submitting a
Proposal: thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to
sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing producing or selling
of goods: intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not
been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to
indemnify: City from any and all liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: The Respondent to this RFP acknowledges that by submitting a. response or a
proposal,: Respondent agrees to the terms of the form contract and to the terms of the general conditions
to the contract, both: of which are part of this RFP package and agrees that Respondent's signature on the
response to this RFP grants to the City the authority, on the Respondent's behalf, to inserted, into any
blank spaces in the contract documents, information obtained from the proposal and the Respondent's
signature shall also be treated,: for all purposes, including the enforcement of all of the terms and
conditions of the contract, as the Respondent's signature on the contract, after the appropriate
information has been inserted,
23.. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or
all Respondents to determine its capability to meet the requirements of the Contract. In addition, the
price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing
equipment materials, references, and past history of service to the City and/or with other units of state,
and /or local governments in Florida, or comparable private entities, will be taken into consideration in the
Award of the Contract,
24, Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as
amended, when requested shall be cause for rejection of the Proposal as determined by the City.
25 Public Entity Crimes:: A person or affiliate who was placed on the Convicted Vendors List following a
conviction for a public entity crime may not submit a response on a contract to provide any services to a
public entity, may not submit RFP on leases of real property to a public entity, and may not transact
business with any public entity in excess of the threshold: amount provided in Section 287.017, for a period
of 36 months from the date of being placed on the Convicted Vendors List
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a
company or person, other than abona fide employee, contractor or subcontractor, working in its employ,
to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company,
Page 7 of S®
Thomas F, Pepe 4:10-14
corporation, individual or firm other than :a bona fide :employee, contractor or sub - consultant, working in
its employ, any fee, . commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of a contract with the City.
27, Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not
to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a
contract, as applicable, unless the claim is based solely on allegations of .fraud and/or: collusion. ; The
submission of a proposal shall act as an agreement by the Respondent that the Proposal /Bid Bond, if
required for this project, shall not be released until and unless the Respondent waives any and all claims
that the Respondent may have against the City that arise out of this RFP process or until a judgment is
entered in the Respondent's favor in any suit filed which concerns this proposal process. in any such suit,
the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the
litigation. In the event that fees court costs and expenses associated with the litigation are awarded to the
City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and
any balance shall be paid by the: Respondent:
2$, Cancellation. Failure on the part of the Respondent to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
29. Bonding tequirementsv The Respondent, in submitting this Proposal, shall include a Proposal /Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal /Bid
Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
30. Performance and Payment Bond: The City of South :Miami may require the successful. Respondent to
furnish a<Performance Bond and Payment Bond, each, In the amount of 100% of the total Proposal Price,
including. Alternates if any, naming the City of South Miami as the obligee, as security for the faithful.:
performance of the Contract and for the payment of all persons or entities: performing labor, services:
and /or furnishing materials in connection herewith. The bonds shall be with a'surety company authorized:
to do business in the State of Florida.
30.1, Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract
Price guaranteeing to CITY the completion and performance of the Work covered in the Contract::
Documents,
30.2. Each Performance Bond shall continue in effect for five year after final % completion . and acceptance
of the Work with the liability:. equal to one hundred. percent (IOO °l) of the Contract Sum.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or
Subcontractor employed pursuant to this Project.
30.4. Each Bond: shall be with a Surety company whose qualifications meet the requirements of
insurance companies as set forth in the insurance requirements of this solicitation.
30.5. Pursuant to the requirements of Section 255,05, Florida Statutes, Respondent shall ensure that
the Bond(s) referenced above shall be :recorded in the public records of Miami -Dade County and
provide CITY with evidence of such recording.
30.b. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current. revisions
3l. Proposal Guarantee: The successful Respondent, within ten (10) calendar days of Notice of Award by the
City, shall execute the Contract and other Contract Documents that provide for the Respondent's
signature,:: and deliver to the City the required insurance documentation as well as a Performance and
Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who
fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified
time shall, at the City's option, forfeit the Proposal /Bid Bond /Security that accompanied the Proposal, land
':
the Proposal /Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the
City accepts payment from the> Proposal /Bid Bond, that this sum is a fair estimate of the amount of
damages the City will sustain in case the Respondent fails to sign: the Contract Documents or fails to.:
furnish the required .Bonds and :Insurance documentation. If the City does not accept the Proposal /Bid
Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance
with the Contract Documents. Proposal /Bid Bond /Security deposited in the form of a cashier's check
drawn on local bank in good standing shall be subject to the same requirements as a ProposallBid Bond.
32; Pre - proposal Conference Site Visits: If a Mandatory Pre - proposal conference is scheduled for this project,
all Respondents shall attend the conference and tour all areas referenced in the Proposal Documents. It
shall be grounds for rejecting a: Proposal from a Respondent who did not attend the mandatory pre-
proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may
Page 8 of 50
Thomas F. Pepe 4 -1Q -I4
hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to
complete any part of the RFP Package, will be accepted as basis for varying the requirements of the
Contract with the City of South Miami or the compensation of the Respondent.
33. Time of Completion: The time is of the essence with regard to the completion of the Work to be
performed under the Contract to be awarded. Delays and extensions of time may be allowed only in
accordance with the provisions stated in the appropriate section of the Contract Documents, including the
Proposal Form.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein.
35. Cancellation of Bid Solicitation: The City ,reserves the right to cancel, in whole or part; any request for
proposal when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of :employees or subcontractors or in its
purchase of materials or in any way in the performance of its contract, if one is awarded, based on race,
color, religion, national origin, sex, age, sexual orientation, disability, or familial status.
37. All respondents, at the time of bid opening; must have fulfilled all prior obligations and commitments to the
City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any
bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines,
monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's
principal, partners, members or stockholders (collectively referred to as "Respondent Debtors "). A bid,'
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to
the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid
considered until the default is cured to the satisfaction of the City: Manager.
END OF SECTION
Page 4 of 50
Thom" F. Pepe B- :Ip -i$
BED FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City. of South: Miami
6136 Sunset Drive
South Miami, FL 33143
1. If this Proposal is accepted, the undersigned Respondent agrees to enter into Contract with the City of
South Miami in the form included in this RFP Package, and to perform and furnish all work as specified or
indicated in this RFP for the Proposed Price, within the Contract Time and in accordance with the other
terms and conditions of the RFP Package.
1 Respondent accepts all of the terms and conditions of the RFP, Invitation for Proposals and Instructions to
Respondents, including without limitation those dealing with the disposition of Proposal /Bid Bond. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening..:
Respondent agrees to sign and submit the Contract, if not already submitted, the Bonds, required
insurance documents, and other documents required by the RFP; within ten (10) calendar days after the
date of the City's Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. i Respondent has examined copies; of all the RFP Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.):
Addendum No. 1 Dated: October 30, 2014
Addendum No. 2 Dated, November 10, 2014
Addendum No, IU Dated: n Irk
Addendum No, d11 Dated: 1 Itt
Addendum No. 1 ct Dated: n I()
Addendum No, Eli Dated: tl I Gk-
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the
proposed work, site, locality, and all local conditions and laws and regulations that in any manner::
may affect cost, progress, performance or furnishing of the Work,
c. Subsurface conditions: If applicable to this RFP, the Respondent represents that:
:i. Respondent has studied carefully all reports and - drawings, if applicable;: of subsurface::
conditions and drawings of physical conditions.
d. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and
.::carefully studying) all such examinations, investigations, explorations, tests and studies in addition .
to or to supplement :those referred to in this paragraph which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost, progress, performance, or the
furnishing of the Work at the Contract Price, within the Contract Time and in accordance with
the other terms and conditions: of the Contract Documents. The Respondent hereby :
:acknowledges that no additional :examinations, investigations, explorations, tests, reports or
similar information or data are, or will, be required by Respondent for any reason in connection
with the Proposal. The failure of the Respondent to request a pre -bid marking of the
:construction site by any or all utility companies shall create an irrefutable presumption that the
:Respondent's bid, or - proposal price, has taken into consideration all possible underground
:conditions and Respondent, if awarded the contract, shall not be entitled to a change order for
any such condition discovered thereafter.
Page 11 of 50"
Thomas F. Pepe 4 -10 -14
ii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the :terms and conditions of the Contract
Documents.
in. Respondent has reviewed and checked all information and data shown or indicated in the
RFP Package or in the Contract Documents with respect to existing Underground Facilities
or conditions at or contiguous to the site and assumes responsibility for the accurate
location of all Underground Facilities and conditions that may affect the Work- No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect to any Underground Facilities or conditions are, or Will be, required by
Respondent in order to perform and :furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the
cost of the Work and unless the respondent makes a written request to the City for
additional information prior to submitting the bid or proposal as required in subsection ii
above;
e. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been
found and notice given, the Respondent represents, by submitting its proposal to the City, that
the Respondent has received sufficient notice of the resolution thereof from the City, that such
resolution is acceptable to Respondent and that the Respondent waives any claim regarding the
conflicts, errors or discrepancies.:
f. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person,
:firm or corporation and is not submitted pursuant to any agreement or rules of any group,:i
association, organization, or corporation; Respondent has not directly or indirectly induced or
solicited any other Respondent to submit a false or sham :Proposal; Respondent has not solicited :
or induced any person; firm or corporation to refrain from responding, and Respondent has not
sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or
over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place, The Schedule of Values, if required, is provided for the
purposeof Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating :. the
pricing of change orders. The Contract Price shall not be adjusted In any way so as to result in a'
deviation from the Schedule of Values, except to the extent that the CITY: changes the scope of the
Work after the Contract Date:. As such,: the Respondent shall furnish all labor, materials, equipment,
tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal
Price of.
LUMP SUM BASE PRICE: $ � � � } � C) (0 , C) CD
dollars and 1 (" cents $ , 001
PRICE PER LIGHT ?° C" Pao
STRAND, PER SCOPE OF
SERVICES: $
w
dollars and I cents $ . C 0
Page 12 of 50
Thomas F. Pepe 9 -I0 -I4
COST ESTIMATE FOR
REMOVAL OF LIGHT
STRANDS AFTER 36
MONTHS, PER SCOPE OF
SERVICES $ }( ') i (i 100
-
dollars and 3D 00C -,i~.; cents $ 00j
S. The ENTIRE WORK shall be completed, in full, within 30 Calendar Days from the date; stipulated in the
NOTICE TO PROCEED. Failure to complete the entire work "during the described time period shall
result in the assessment of liquidated damages as set forth in the Contract.
6. Communications concerning this Proposal shall be addressed to:
RESPONDENT: Patrick J. Brandarn
- Address: '2473 Banks Road
Mar „ate. FL 33063
Telephone: 954-461-6598
Facsimile: 954 - 956 -7256
:Attention.
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned to them in the Contract Documents, unless specifically defined in this RFP Package.
SUBMITTED THIS ig DAY OF November 20 14
PROPOSAL SUBMITTED BY:
Brandano Displays Inc. 954-461-6598
Company Telephone Number
Patrick J. Brandano 954- 956 -7256
Woof on: rued to Submit patbrandano @brandano.com Email Address
Vice President
Title.
END OF SECTION
Page [ 3 of 50
Thomas F. Pepe 9 -10 -I4
NOTE: NOT REQUIRED FOR THIS PROJECT
Downtown Business District LED Lighting Project
PROPOSAL/BID BOND
STATE OF FLORIDA }
}
COUNTY OF MIAMI -DADE }
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and
as Surety, are held and firmly bound unto the City of South Miami ("City "), a
municipal corporation of the State of Florida in the sum of
Dollars ($ }, lawful money of the United States, for the payment of which sum well and
truly to be made; we bind ourselves, our heirs, executors, administrators and successors jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that:
WHEREAS, the Principal has submitted the accompanying Proposal dated for
the pursuant to an RFP and a condition precedent to the
submission of said Proposal is that a Proposal /Bid Bond in the amount of five percent (5 /) of the Base Proposal be
submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP
and proposal documents;
NOW THEREFORE,
A. If the principal shall not withdraw said proposal within one hundred eighty (1'80) calendar days after the
date: for opening of the same, and shall, within ten (I0) calendar; days after the prescribed forms are presented to it
for signature, enter into a written contract with the City in accordance with the proposal as accepted, and give
bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper
fulfillment of such contract, and provide proof of insurance as required, then the above obligations shall be void
and of no effect, otherwise to remain in full force and effect.
B. However, in the event of the ..principal's unauthorized withdrawal of said proposal within one hundred
eighty (180) calendar days after the date of the opening of the "same or the failure to enter into a written contract
with the Owner in accordance with the proposal as accepted, and /or the failure to provide the City with bonds.
issued from good and sufficient surety or sureties, as may be required, for the faithful performance and proper:
fulfillment of such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are
presented to it for signature: and /or in the event that the principal is not awarded the project but faits to waive all
claims that arose or might have arisen out of the RFP process, then the above obligations shall remain in full force
and effect and the bond shall thereafter be disburse; by court order, to the Owner in the full amount of the bond if
the Proposal Documents provide for liquidated damages under the circumstance of the case or, if liquidated
damages are not applicable,: then in an amount that is adequate to fully.:. compensate the Owner for all of its
damages incurred due to the breach of the terms of this Bond, including all attorney: fees, court costs and legal:
expense incurred by the City for any and all action taken, whether before or after the commencement of legal
proceedings, Including proceedings required to obtain the court order of disbursement, including the cost of all
appeals or other related proceedings, as well as the fees and costs incurred to collect these damages.
IN WITNESS WHEREOF, the above bonded parties have executed: this instrument under their
several seals this day of 20_, the name and the corporate seal of
each corporate party being hereto affixed and these presents being d, uly signed by its undersigned representative.
Page 14 of 50 .
Thomas F. Pepe 9,14 -14
(Seal)
(Individual or Partnership Principal)
(Business Address)
(City /State /Zip)
(Business Telephone)
ATTEST:
Secretary (Corporate Surety)*
By:
*Impress Corporate Surety Seal
IMPORTANT Surety companies executing bonds must appear on the Treasury
(circular 570 as amended) and be authorized to transact business
FAILURE TO Ct>MPLETE SIGN & RETURN THIS FORM MAY DISCrUACIFY YQ
By:
Page IS of 50'
Thomas F. Pepe 4 -14.14
Departn
in the S
I
rent list
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we;
, whose business address is and whose telephone
number is as Principal (hereinafter referred to as "Contractor "), and
, whose business address is and
whose telephone number is as Surety, are bound to the City of South Miami whose
business address is and whose telephone number is [[and Miami-
Dade County whose business address is and whose telephone number is
1]as Obligee, (hereinafter referred to as "City ") in the amount of
Dollars ($ ) for the payment whereof Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns,. jointly and severally.
WHEREAS. Contractor has entered into a Contract, for the <<PROJECT >> Project, awarded on the
day of . 20_, under Contract Number by the City for the
construction of (brief description of the Work) in accordance with
drawings (plans) and specifications prepared by which Contract is hereby made a part hereof
by reference, and is hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that the Contractor:
I . Fully performs the Contract between the Contractor and the << Project», within X working plays
after the date of Contract commencement as specified in the Notice to Proceed and in the manner
prescribed in the Contract; and
2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other foreseeable consequential damages); expenses, costs and attorney's fees, including
attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains
because of default by Contractor under the Contract or caused: by or arising out of any action or
proceeding to enforce the Contract or this Bond; and
1 Upon notification by the City, correct any and all patently defective or faulty Work or materials that
appear within one (1) year after the issuance of the Certificate of Occupancy, and correct any and all
latent defects that are discovered before the expiration of the third (3rd) year following the date of
the issuance of the Certificate of Occupancy, and
4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified
in the Contract.
If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and
effect.
Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict .
accordance with any of the terms of the Contract, the Surety shall .promptly remedy the default as well as
perform in the following manner:
Complete the Contract in accordance with the Contract's terms and conditions provided the City
makes available, as Work progresses, that portion of the Contract Price that has not already been paid '
to, or on behalf of, the Contractor, The City shall not be required to pay any more than the amount
of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for
which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to
commence the Work within: thirty (30) Hays of receipt of the City's declaration of a default or if the
Surety fails to mart the job with sufficient: forces, or suspends the Work, for more than thirty (30)
days, either consecutive or in combination with separate occasions, the City shall have the option, in
the City's sole discretion, and without waiving its right to any other remedy or damages:: provided for
by this bond, to complete the Work with other forces and the Surety shall pay for the cost to
Page 16 of SO::
Thomas F. Pepe 9.10.14
complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean
the total amount payable by City to Contractor under the Contract and any amendments thereto, less
the amount properly paid by the City to the Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
City named herein.
The Surety hereby waives notice of and agrees that any changes in under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract shall not: affect the
Surety's obligation dander this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several
seals on this day of 20 , the name and the corporate seal of each
corporate party being hereto affixed and these presents being duly signed by its undersigned representative.
IN PRESENCE OF:
(individual, :President, Managing Member or General Partner, etc.)
(Business Address)
(City/State/Zip)
OR
(Business Telephone)
'
ATTEST: (Corporate Name)
(President)
Secretary ;(Business Address)
(CitylStatelZip)
(Business Telephone)
W THE PRESENCE OF: INSURANCE COMPANY..
and Attorney -m -fact Signature} BY: (SEAL) (Agent
(Business Address)
(City/State/Zip
STATE OF FLORIDA
(Business Telephone)
)
COUNTY OF MIAMI -DARE }
On this, the day of , 20--, before me, the undersigned notary public of the State of
Florida, the foregoing performance bond was acknowledged by (Corporate Officer),:.
(Title), of (Name of Corporation), a
(State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seal,
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE::;:
(Name of Notary Public: Print, Stamp
or Type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or— Did Not take an oath.
Page BT of 50:
Thomas F. Pepe 9-10-14
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.01, et seq., Florida Statutes, - we,
, whose business address is and whose
telephone number is ,as Principal, (hereinafter referred to as "Contractor "), ' and
whose business address is and whose telephone
number is as Surety, are bound to the City of South Miami; whose business address . is
and whose telephone number is , [[and Miami-Dade County whose
business address is... and whose telephone number. is
']as Obligee, (hereinafter .. referred to as "City ") in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has, by written agreement, entered into a Contract for the dPRO]ECT», Project
awarded on the .'. day of 20 __, under Contract. Number for
the construction of (brief description of the Work) by the City in
accordance with drawings (plans) and specifications, if any, prepared by which Contract is
hereby made a part hereof by reference and is hereafter referred to as the "Contract"; :
THE CONDITION OF THIS BOND is that if the Contractor:
I. Promptly: performs the construction work in the time and manner prescribed in the
Contract; and
2. Promptly :makes payments to all claimants, as defined in Section 255,05, Florida Statutes,
supplying .Contractor with labor, materials, or supplies, used directly or indirectly by Contractor
in the prosecution of the work provided for in the Contract; and
3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in
any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a.
default by Contractor under the Contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force
and effect
Any action instituted by a claimant under this bond for payment must be in accordance with the notice
and time limitation provisions in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract shall not
affect the Surety's obligation under this Bond.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several:
seals on this day of ,:20_, the: name and the corporate seal of each
corporate party being hereto affixed and these presents being duly signed by its undersigned representative,
IN PRESENCE OF:4
.(Individual, Presdent Managing Member or General Parmer, etc.)
(Business Address)
(City /State/Zip)
(Business Telephone)
OR
ATTEST: (Corporate Name)
(President)
Secretary (Business Address)
Page 18 of 50:.
Thomas P. Pepe 9 =[0 -[4
(City/State/Zip)
(Business Telephone)
IN THE PRESENCE OF:
- .INSURANCE COMPANY.
BY: (SEAL)
(Agent and Attorney- m- fact Signature) '.
(Business Address)
(CitylState /Zip.
(Business Telephone)
STATE OF FLORIDA }
r
COUNTY OF MIAMI -DADE )
On this, the - day of -
, 20_, before me, the undersigned notary public of the State of
Florida, the foregoing payment -bond was
acknowledged by ', (Corporate fOfficer),
;(Title), of (Name of Corporation), a ;
(State of Incorporation) corporation, on behalf of the corporation.
WITNESS my hand and official seat.
Notary Public,: State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:-
(Name of Notary Public: Print. Stamp
or Type as commissioned.) ?
Personally known to me. or
Personal identification:c
Type of Identification Produced':
Did take an oath, or
Did Not take an oath.
*Power of Attorney must be attached.
ENE; OF SECTION
Page 19 of 50
Thomas F. Pepe 9.10 -14
RESPONDENT QUALIFICATION STATEMENT
The response to this questionnaire shall be utilized as part of the
CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I, Number of similar construction projects completed,
a) In the "past 5 years:
;. 0
In the past 5 years On Schedule
3c
b) In the past 10 years
t,,
In the past 10 years On Schedule e.'
G') 0
2. list the last three (3) completed similar projects.
a): Project Name:
2013 Margate 131vd Holi�ng
Owner Name:
(ity n {Margate
102 Rock Island Road
Owner Address;
Margate FT i�,C)63
Owner Telephone:
954- 972 -$129
Original Contract Completion Time
(Days):
14 working days
Original Contract Completion Date:
1 112 1120 1 3
Actual Final "Contract : Completion
Date:
11119(2013
Original Contract Price:
$2t2 978 00
Actual Final Contract Price:
$29.918A0
b) Project Name:
Fioliday Decorations for Town C rater
1.
Regional Park
Owner Name:
City of Miramar
2300 Civic Canter Place
Owner Address.
Miramar. FL 33025
Page 20 of 50 ".
Thomas F. Pepe 9 -16.14
Owner Telephone:
954 602- 3257
Original Contract Completion Time
(Days):
34 working days
Original Contract Completion Date:
1112012413
Actual Final Contract Completion
Date:
11(18(2013
Original Contract Price:
$49.975.44
Actual Final Contract Price
$49.975.44
2013 Holiday Decorations for Delray
C) Project Name;
Beach Development Authority
Owner Name:
C4-of Delray Beach
85 SE 4 Avenue, Suite #108
Owner Address:
Delray Beach. FL 33483
Owner Telephone:
561 279 -1380
Original Contract Completion Time
(Days):
5 working days
Original Contract Completion Date:
1111812013
Actual Final Contract Completion
Date:
11/16/2413
Original Contract Price.
$9,996;40
Actual Final Contract Pricer
$9,996.00
Page 21 of 50.
Thomas F. Pepe 4 -14.14
3. Current workload
Maia Street Miami
Miami Lakes
305 -817 4050
I
Christmas Tour of
City of '
ojct
Li is
Farmers Branch TX
-919-2631
Zoo Lights_
Zoo Miami
305- 251 -0400
f}J(;t*
2014 Holiday
Lights & Decor
Citv of Delra Beach
561-2Z2-1380
n
2014 Margate Blvd
Holiday Li hti
Ci of Margate
954-972-8129
2014 Holiday
Lights & Decor
I ck
2014 Holiday
954-457-1615
2014 Holiday
it
Ligh t
e
205-558-4114
4, The following information shall be attached to the proposal,
a) : RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.-
c) Resumes of proposed key project personnel, including on -site Superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,: N/A
b) Any arbitration or civil or criminal proceedings, or N/A
Suspension of contracts or debarring from Bidding or Responding by any public
agency brought
c) against the Respondent in the last five (5) years N/A
b. Government References:
List other Government Agencies or Quasi - government Agencies for which you have done business within
the past five (5) years.
Name of Agency: City of Delray Beach ;
Page 22 of 50
Thomas F. Pepe 4 -I0 -14
85 SE 4 Ave., Suite 108
Address:
Delray Beach, FL 33483
Telephone No.:
561-279-1380
Contact Person:
Marjorie Ferrer
Type of Project:
Holiday Lighting & Decor (see attached) "
Name of Agency:
City of Miramar
2300 Civic Center Place
Address:
Miramar FL 33025
Telephone No.:
X54 -602 3257
Contact Person:
Gary Bannister
Type of Project:
Holiday Lighting & Decor Glee attached)
Name of Agency:
City of Margate
102 Rock island Road
Address:
Margate, FL 33063
Telephone No.:
954- 972 $729
Contact Person:
1�1ick CUCUZlat{7
Type of Project:
Holiday Lighting & Decor (see attached)
Page 23 of 50
Thomas F. Pepe 4 -10-14
NON COLLUSION %AFFIDAVIT
STATE OF FLORIDA }
)
COUNTY OF MIAMI -DADE )
Patrick J. Brandano being first duly sworn, deposes and states that:
(1) HelShelThey islare the Owner
(Owner, Partner, Officer, .Representative or Agent) of
Brandano Displays, Inc. the Respondent that has submitted the
attached Proposal;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives;
employees or parties in interest, including this affliant, have in any way colluded, conspired, connived
or agreed, directly or Indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work, or have in any manner, directly:
or indirectly, sought by agreement or collusion, or communication, or conference with any
Respondent, firm, or person to fix any overhead,.: profit, or cost elements of the Proposal or of any
other Respondent, or to :fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance
or unlawful agreement any advantage against (Recipient), or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed delivered in the presence of:
t By:
Witness Signat
L.f':E1t ua YL' L0 -U Patrick J. Brandano
Witness Print Name and Title
November h, 2014
Date
Page 24 of 50
Thomas F.Pepe 4 -10-14
ACKNOWLEDGEMENT
STATE OF FLORIDA }
COUNTY OF MIAMI -DADE )
On this the 6th day of Noyerriber 2014 , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before
notary) Patrick 1. Brandano and 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.
Notary Public, State of Florida r
NOTARY PUBLIC:
SEAL OF OFFICE: .t i` r/? (r r`i7 f i
(Name of Notary Public: Print, Stamp or type a.
commissioned.)
Gp T Personally known to me, or
rnvc0esMssE4NaEE&sal9
a
EXPIRES; May 4,2417 Personal identification:
"��,r.+� 6and2aiteuNa�ryPuNkllrxlarvnnera
Type of Identification Produced
Did take an oath, or
Page 2S of SO
Thomas F, Pepe 4.14 -I4
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work may
not submit bids: or proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RESPONDENT, Sub - contractor, "supplier, Sub - consultant, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount Category Two of
Section 287.017 Florida Statutes, for thirty six (35) months from the date of being placed on the convicted vendor
list":
-
The "award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes.
Respondents must disclose With their Proposals, the name of any officer, director, partner, associate or agent who
is also an officer: or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287,133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
City of South Miami
[print name of the public entity]
by Patrick J. Brandano, Vice President
[print individual's name and title]
far BRANDANC7 DISPLAYS INC
[print name of entity submitting sworn statement]
whose business address is 1473 Banks Road
Margate, FL 33483
and (if applicable) its Federal Employer Identification Number (FEIN) is 16 2366604 (C f . the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Elarida 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, proposal 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
misrepresentation.
1 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt,: in any federal or state trial court of record relating to charges': brought by indictment or
information after July 1„ 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo contendere.
4. 1 understand that an "affiliate " as defined in Paragraph 287.133:(1) (a), Florida Statutes means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) 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,
Page 26 of SO
Thomas R Pepe (4 -14 -14
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 any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person .
controls another person. A person who knowingly enters into a.joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
S. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal 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, partners, shareholders, employees, members, and agents who are active in management of an
entity,
6, Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [indicate which statementapplies]
X ' 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 and convicted of a public entity crime subsequent to
July I, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of 'a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,::
partners, shareholders, employees, members, or agents who are active in the management of the entity,:.
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of 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 piece 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..
iNDENTIFIED IN PARAGRAPH I (ONE) 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 IAM::
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
[Sig.:. re] -- —
Sworn to and subscribed before me this 6th day of November: , 20 14 ,
Personally known X y Z C f �1- ^
OR Produced identification Notary Public — State of 4f"",e`'v�'* -°'
My commission expires
(Type of identification) (Printed, typed or stamped commissioned
Form PUR 7068 (Rev.0611 1/92) name of notary public)
CA T.
MY NSEEg6G31$
EXPIRES. NRY4;2017
Page 27 of 50. t'h. BaWedinmNuemypucexx
Thomas F. Pepe :4.10.14
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. :Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug -free workplace program. in order to have a drug -free workplace
program, a business shall:.::
I} Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited; in the workplace and specifying the
actions that shall be taken against "employees: for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee'
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working .
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
polo contendere to, any violation of Chapter 843 or of any .controlled substance law of the United -
States or any state, for a violation occurring in the workplace no later than five (5) business days;
after such conviction.
5} Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program; if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above: requiremenm
RESPONDENT'S Signature:
Print Name: Patrick J. Brandano,
VP S' Date:
November6th,
2014
Page 28 of 5®
Thomz P. Pepe 9 -10 -I4
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We; BRANDANO DISPLAYS, INC., (blame of CONTRACTOR), :hereby acknowledge and agree that as
CONTRACTOR for the Downtown Business District LED Lighting Project as specified have the sole
responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations,: and agree to indemnify and hold harmless the City of South
Miami and NI (Consultant) against any and all liability, claims, damages, losses and expenses they may incur
due to the failure of (Sub - contractor's names):
NtA
to comply with such act or regulation.
CONTRACTOR
BRANDAN} DISPLAYS INC.
Witness
BY: r
Name P is z j. Brandano —
Vice President
Title
Page 29 of 50
Thomas F. Pepe 9 -10-14
LISP` OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract.
MEMO
Landscape
N\A
Sodding and Turf Work
N \A
Electrical
NXA
Irrigation
NA
Paving
N \A
Park Amenities'
N \A
Graphics
N\A
Utilities
N \A
Excavation
NA
Building
N\A
Structures
N\A
Plumbing
N\A
Painting
NA
Testing Laboratory
N\A
Soil Fumigator
N\A
Signs
N \A
Other:
N\A
E--
This list shall be provided to the City of South Miami by the
apparent lowest responsive and responsible Bidder:
within five (5) business days after Bid Opening.
Page 30 of 50
Thomas F. Pepe 4 -10-14
RELATED PARTY TRANSACTION VERIFICATION FORM
I Patrick J. Brandano , individually and on behalf of
BRANDANO DISPLAYS, INC. (" Firm ")have Name of Representative
CompanylVendorlEntfty read the City of South Miami ( "City ")'s Code of Ethics, Section SA -I of the City's Code of
Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief:
(l) neither I nor the Firm have any conflict of interest (as defined in section 8A 1) with regard to the contractor
business that I, and /or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Farm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s); as defined in section 8A -1, who is an employee of the City or who is(are)
an appointed or elected official of the City, or whois(are) a member of any public body . created by the City
Commission, i.e, a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing soon behalf of a firm whose stock is publicly traded, the statement in this section (2): shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial :interest, direct or indirect, in any business being transacted).
with the city, or with any person or agency acting for the city, other than as follows:
N/A
_(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however;: you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies; if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City: of South Miami, or any of their immediate family
members (i.e., spouse, parents, children;: brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and /or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names: N \A
(if necessary, use a separate: sheet to supply additional information that will not fit on this line; however, you must .
make reference,: on the above line, to the additional sheet and the additional sheet must be signed under oath),
The names of all City employees and that of all elected and /or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in the firm
are as follows:
N \A
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference,: on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he /she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and /or appointed official or employee.]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves„ or others, We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gam or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(b) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
Page 31 of 30
Thomas F. Pepe ;4.44 -I4
before any board, commission or agency of the City within the past two years other than as
follows: N \A (if
necessary, use a separate sheet to supply additional: information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:1Purchasing \Vendor Registration \12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (I) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
N \A (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members],
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater'
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e,, "spouse, parents, children,
brothers and sisters) nor any of my immediate family members :(hereinafter referred tows "Related Parties ") has
responded to a solicitation by the City . in which I or the Firm that I represent or anyone who has a financial
interest greater. than 5% in the Firm, or any member of those persons' immediate family (Le, spouse, parents,
children, brothers and sisters) have also responded, other than the following:
N \A (,f
necessary, use aseparate sheet to supply additional' information' that will not fit on this line; however, you must
make reference, on the above line, to the additional: sheet and the additional sheet must be signed under oath):.
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other: Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the :City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose they relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and /or any penalties allowed bylaw. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty: of perjury, I; declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made here{i'nabove are true and correct to the best of my knowledge, information and belief.
Signature:4 -�°'"
Print Name & Title: Patrick T, Brandano, VP
Date: 11/06/2014
ATTACHED:
Sec. 8A I - Conflict of interest and code of ethics ordinance.
Municode Page I0f4
Page 32 of 50
Thomas F. Pepe 9-10.14
Sec. 8A -1. - Conflict of interest and code of ethics ordinance
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethicsc
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory
personnel and departmental; personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as 'a limitation, subsections {c) and (d) may be applied to the same contract or transaction.
(b) Definitions For the purposes of this section the following definitions shall be effective:
(1) The term "commission members' shall refer to the mayor and the members of the city commission.
(2) The term "autonomous; personnel" shall refer to the members of autonomous authorities, boards and agencies;
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi - judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental: personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney; and all assistants to the city clerk, city manager and city attorney;: however titled.
(6) The term "employees" shall refer to other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit. conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten oercent or more
of the outstanding capital stock in any corporation or a direct or indirect in
partnership, or other business entity at the time of transacting business wit.
(4) The term "immediate family' shall refer to the spouse, parents, children,
involved.
(10) The term "transact any .business" shall refer to the purchase or sale by
for consideration and to submitting a bid, a proposal in response to a RFP,
to a request by the city, or entering into contract negotiations for the prow
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) ar
any contract or transact any business in :which that :person or amember of
interest, direct or indirect with the city or any person or agency acting for
agreement or business engagement entered in violation of this subsection sl
Willful violation of this subsection shall constitute malfeasance in office and
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided:
(2) The purchase of bonds, anticipation notes or other securities that may E
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived foi
affirmative votes of the city commission after public hearing upon finding thi
(1) An open -to -all sealed competitive proposal has been submitted by a city
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services v
architecture, professional engineering, or registered:: land surveying, as defin,
pursuant to the provisions of the Consultants' Competitive Negotiation Act
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are
of such property or services without entering a transaction which would vic
Its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the
transaction entered in violation of this subsection.
Provisions cumulative, This subsection shall be taken to be cumulative and sha
any other law pertaining to the same subject matter:
Page 33 of 54
Thomas F. Pepe 4.10.14
:inafirm,
erson
ervices
response
,er Into
n as defined in paragraphs (b)(2),
he scope of the practice of <
he laws of the state and
Aen the proposal has been
e and the city cannot avail itself
s subsection but for waiver of
"mmission may in no case ratify
re construed to amend or repeal
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which than
person or any member of the immediate family has controlling financial interest, direct or indirect, with the city '.
or any person or agency acting for the city, and any such contract„ agreement or business engagement entered in
violation of this "subsection shall render: the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission: shall not vote on
or participate in any way in the matter.'
(E) Gifts.
(!)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2)Fxceptions. The provisions of paragraph (e)(1) shall not apply: to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is conduit on behalf of a third party to
the delivery of agift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d, Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person: or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of,
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated;: or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00, The disclosure shall be made by
filings copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State,
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms: defined in paragraphs (b)(1) through (6) be employed by acorporation,
firm,: partnership.. or business: entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency; or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city..
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an
official positron to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
Page 34 of 50
Thomas F. Pepe 9 -10 -14
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit,..
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence: of judgment in the performance of any public duties.
0) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time,: equipment or material :. is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or: any of its departments and
the approval required in subparagraph c is obtained,
c. Approval of department head required. Any outside employment by any full -time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing-
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city,
(2) All full -time city employees engaged: in any outside employment for anyperson, firm
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an
source of the outside employment, the nature of the work being done and any amouni
consideration received by the employee:: from the outside employment. City employee
the city clerk. The reports shall be available at a reasonable time and place for inspecti,
manager may require monthly reports from individual employees or groups of employ+
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a membe
shall have personal investments in any enterprise which will create a substantial conflic
and the public interest.
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1:), (5) and (6) shall appe
agency and make a presentation on behalf of a third; person with respect to any matter
certificate, ruling decision, opinion, rate schedule, franchise, or other benefit sought 6j
the person receive any compensation or gift, directly or indirectly, for services render
has applied for or is seeking some benefit from the city or a city agency, in connection
sought by the third person. Nor shall the person appear in any court or before any adi
counselor legal advisor to a party who seeks legal relief from the city or a city agency t
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appe
commission or agency on which the person serves, :either directly or through an assoc
presentation on behalf of a third person with respect to any matter, license, contram
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shat
compensation or gift, directly or indirectly, for services rendered to a third party who
some benefit from the city commission or agency on which the person serves in conne
benefit sought by the third party. Nor shall the person appear in any court or before a
counselor legal advisor to a third party who seeks legal relief from the city commission
person serves through the suit in question.
(m) Actions prohibited when financial interests involved
No person included in the terms defined in paragraphs (b) (1) through (6) shall particip
directly or indirectly affecting a business in which that person or any member of the irr
financial interest, A financial: interest is defined in this subsection to include,; but not be
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire
project, business: entity or property at atime when the person believes or has reasons
Page 36 of 50
Thomas F. Pepe "9.10 -14
I7
is
ar`
iall
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) :Continuing application after city: service.:...
(I) No person included in the terms defined in paragraphs (b)(.1), (5) and (6) shall, for period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)j in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract; claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has: any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two -year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons: who become employed by governmental entities,
501(c)(3) non -profit entities: or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is aparty or has any direct: and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly'
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering:: of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials..
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p).
(q) City attorney to render opinions on request.;
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability ; of the ordinance that `.
person, may submit to the city attorney full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name,
(Ord. No, 6-99-1680, § 2, 3 -2 -99)
Editor's note- Ord. No. 6 -99 -1680, § 1, adopted 3 2 -99, repealed §§ 8A «1 and 8A -2 in their entirety and replaced
them with new §§
8A -I and 8A -2. former §§ 8A -I and 8A-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634,, §§ I (IA -1)i l (IA -2) adopted Jan. 11, 1469.
END OF SECTION
Page 36 of 50
Thomas F. Pepe 4 -1044
NOTICE OF AWARD
The City has considered the Proposal submitted by your firm for the Downtown Business District LED
Lighting in response to its advertisement for Request for Proposal and Instructions to Respondents.
You are hereby notified that your Proposal has been accepted for the Downtown Business District LED
Lighting Project in the lump sum amount of $ broken down as follows:
Base Proposal:
Alternate ` #1:
Alternate #2:
Alternate #3:
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required Performance Bond, Payment Bond, and insurance documents (see Proposal
Submittal Checklist Form) within ten (10) day from the date of this notice to you.
If you fail to execute said Contract and:: to furnish said bonds, insurance endorsements: and certificate of insurance:
within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Proposal
revoke the award and retain the Proposal /Bid Bond/Security, Please be advised that if the contract price exceeds
$5,000.00 or if it is a multi year contract requiring payment out of more than one year's appropriation, the award .
and the contract must be approved by the City Commission before it is binding on the City.
BY:
(Print Name)
:City Manager or designee
Dated this day of 20
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
On this the day of , 20—
BY: ;
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
END OF SECTION
Page 37 of 50
Thomas F. Pepe 9-10-14
NOTICE TO PROCEED
Downtown Business district LED Lighting Project
TO DATE.'
PROJECT DESCRIPTION:. Downtown Business District LED Lighting in accordance with Plans and
specifications, if any, as may be prepared in whole or in part by CONSULTANT, referenced in the Supplementary
Conditions and Contract Documents.:
You are hereby: notified to commence: Work in accordance with the Contract dated: , on or before
You are to complete the work within 30 Calendar Days. The date of completion
of all Work is therefore 20
City of South Miami
BY:
(Print Name)
:City Manager or designee
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by
on this day of _ 20_
BY,
TITLE:
END OF SECTION
Page 41 of 50
Thomas F. Pepe 9.10.14
CONTRACT
Downtown Business District LED Lighting
THIS CONTRACT, entered into this -6th day of -November. 20 14 , by the
CITY OF SOUTH MIAMI through its City Manager, both of which shall be hereinafter referred to
as the "CITY" where applicable; and BRANDANO DISPLAYS INC with an office and
principal place of business located at taraBank xa Mar&„ El 3306,, (hereinafter called the
"CONTRACTOR ").
WITNESSETH:
WHEREAS, the CITY is in need of and
WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required good
and/or services based on the CONTRACTOR's representations that it is qualified and capable of
providing said goods and/or services in a professional and timely manner and in accordance
with the CITTs goals and requirements; and
WHEREAS, the CONTRACTOR has agreed to provide the required goods and /or services
in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Contractor: Based on the representations of the CONTRACTOR as
set out in the following "checked" documents the CITY hereby retains the CONTRACTOR to
provide the goods and /or services set forth in said proposal, quote or response to solicitation,
whichever is applicable, as modified by the Contract Documents defined below (all of which is
hereinafter referred to as the Work ").
(Check the box immediately preceding the document described below to indicate that such document is part of this contract)
• Contractor's response to the City's written solicitation; or
• Contractor's proposal or quote.
2) Contract Documents: The Contract Documents shall include this 'Contract and
the following "checked documents ", as well as any attachments or exhibits that are made a part
of any of the "checked documents ".
(Check the box immediately preceding the document described '. below to indicate that such document is part of this contract)
• General Conditions to Contract,
• Supplementary Conditions,
• "Other Documents" referring to this contract and signed by the parties,
• The solicitation documents ( "hereinafter referred to as "Bid Documents" including any
request for bid, request for proposal or similar request)
• Scope of Services,
• Contractor's response to the City's Bid Documents,
• Contractor's proposal or quote,
• City's Insurance Requirements,
• City's Indemnification Requirements,
❑ Payment Bond,
❑ Performance Bond,
Page 38 of 50.
Thomas P. Pepe 9 -10.14
This Contract and the General Conditions to Contract, Supplementary Conditions, the
Solicitation, Scope of Services and "other documents", if any are "checked documents ", shall
take precedent over the response to the City's Bid Documents, the proposal or the quote, if
any. The "checked documents" are attached hereto and made a part hereof by reference.
3) Date of Commencement: The CONTRACTOR shall commence the performance of
the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase
Order, (hereinafter referred to as the "Work Commencement Date "), and shall- complete -the
performance hereunder within days or the length of time set forth in the Contract
Documents, whichever is the shorter period of time. Time is of the essence.
4) Primary Contacts: The person in charge; of administering this Contract on behalf of
the CITY is the City Manager ( "Manager ") assistant Manager, or the Manager's designee, who
shall be designated in a writing signed by the Manager. The primary contact person for the
CONTRACTOR shall be
5) Scope of Services: The goods and /or services to be provided are as set forth in the
"checked documents
6) Compensation: The CONTRACTOR'S compensation for the performance of this
contract (hereinafter referred to as the Contract Price) shall be as set forth in CONTRACTOR's
response to the City's written solicitation, if any, or, if none, then as set out in CONTRACTOR's
proposal or quote, whichever is applicable, and as modified by the Contract Documents.
7) Hours of Work: In the event that this contract requires the performance of services,
it is presumed that the cost of performing the Work after regular working hours, and on Sunday
and legal holidays is included in 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 Manager, the Manager's assistant or
designee.
8) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue for until it expires on
or unless earlier terminated according to the Contract Documents. Notwithstanding the
foregoing, this Contract may be extended by an additional period if the extension is in
writing and signed by the Manager. An extension of the term of this Contract is at the CITY's=
sole and absolute discretion.
9) Termination: This contract may be terminated without cause by the City with 30
days of advanced written notice. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the Contract Documents.
10) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be in Miami -Dade County,
Florida.
11) insurance, Indemnification & Bonding; CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents.
12) Liquidated Damages: in the event that the 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
Documents, liquidated damages shall be paid at the rate of $ dollars per day
until the Work is completed.
13) Jury Trial Waiver: The parties waive their right to jury trial.
Page 39 of SO
Thomas F. Pepe 4 -10 -14
14) 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. The Contract Documents, in general, and this paragraph, in particular, shall
not be modified or amended by any acts or omissions of the 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 act or omission.
15) 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 of the
CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its
subcontracts for this Project.
16) 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.
[Insert name f Contractor]
By .M
at J. Brandano
(Print name and title ab.0
ATTESTED: CITY OF SOUTH MIAMI
By: ; By:
Maria M Menendez, CIVIC Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality and Execution thereof:
By:
Thomas F. Pepe, Esq.
City Attorney
END OF SECTION
Page 40 of 50
Thomas F„ Pepe 4 -16 -I4
installation and continuous use. All labor shall be warranted for a minimum of one -year, less
normal tree growth, exclusive of GFI nuisance trips and vandalism.
END OF SECTION
Page 44 of 50
Thomas F. Pepe 4.10 -14
COVERAGES CERTIFICATE NUMBER: 996717568 REVISION: NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW: HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY'.
CERTIFICATE OF LIABILITY INSURANCE
uATE{MMroDmY
rll�zrzoi�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHTS UPON THE: CERTIFICATE HOLDER. THIS
CERTIFICATE .DOES NOT :AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING: INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pohcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate: does not confer rights to the ".
certificate holder in lieu of such endorsement(s).
PRODUCER
Keyes COVerail9 Insurance
5900 Hiatus Road
Tamarac :Ze 33321
NAME: Michellita Mercado
PHONE FAX
ING,_NO EM Y g5a -774 7C)TL �_ IFUC Na)
ADDRESS: ureter cacao@ ke ves coverage. con,
PRODUCER
CUSTOMERID #. I:33'3.r.`
INSURER(S) AFFORDING COVERAGE NAIL#
i
INSURED
1473pBan Displays, Inc.
17373:: Banks .Road
INSURERA: Dart ford Fire Tn5tlTat]CE.:lO 19682:
INSURERS:`j'echnojog tns. Co. 42376.,
INSURERC.Twir. City Fire-;"Insurance Co 735
Margate FL 33063
INSURER D: Hart :ord Aecrc ent & Ziraemnity 2235+:
Le i$,..
INSURER E
9/2--/2G14 9! 9('015 {:COMBINED SINGLE LIMIT
INSURER F
l (Ea auldent) $2, C00, C'JO
COVERAGES CERTIFICATE NUMBER: 996717568 REVISION: NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW: HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY'.
PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER: DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN„ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT '
TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES:: LIMITS SHOWN MAY HAVE BEEN REDUCED: BY PAID CLAIMS
ILm I TYPE OF INSURANCE L Q POLICY NUMBER
MhitDDY EFF 3. � Ofll'YY :. LIMITS
A (GENERAL UAeLLRY Y': 2-CESDPiS3
_ °
:i3 /IS f ?D`2 '3/25,3015 '
I. :EACH OCCURRENCE (${,CGJe Q ✓D
Y COMMERCIAL GENERAL LIABILITY
—1
DAMA4GTOR____ §dD0 q60
is PRDMI9ES,E. accuttence}
CI-AIMS-MADE l Y. t OCCUR
�. :MEO EXP jAnyarte Ferran) 1$10, 000
i
PERSONAL &ADV INJURY $+,GOG,CDC
GENERAL AGGREGATE_ $2.0DD, 6D`u
_GENE AGGREGATE LIMIT APPLIES :PER,
IiPRODUCTS COMP70P AGG $2.OG0>fD0
POLICY PRO :Los
JEC
Le i$,..
1 i AUTOMOBILE LIABILITY 2 UECEk.44 7,'?
9/2--/2G14 9! 9('015 {:COMBINED SINGLE LIMIT
�'—
A5
l (Ea auldent) $2, C00, C'JO
HU6ILY INJURY IPe-persan) is
ALL LLOWN OWNED AUTOS
90041INJURY : (ref eecidenp S
SCHEDVLEDAUTOS
PROPERTY DAMAGE
h:= HIREDAUTOS
:(Pataec,darh) - $
Xw NON-OWNED AUTOS
$..
14i-
C ih" I UMBRELLA LIAB t
OCCUR .I 2_'U,.SL9267
i312, c '3f25 ,, 615 `EACH OCCURRENCE $2r CCU, COG
;EXCESS LIAB. CLAIMB -MADE
AG6i REGATE_ :SE. 666, CGJ
DEDUCTIBLE'.
IS
t
RETENTION'$_J,GOG
F ; WORKERS COMPENSATION (- *.vC >38B885
air'MC a Y/i l2C -5 Ix ( WC 8;ATU- ,OTH-
YIN; :
) t TORY UMfrS - ER
IANOEMPLOYERB'LfASiLITY
ANY PROPRIETORIPARTNEREXECUTNE
I:EL EACH ACCIDENT $1'000'00~
OFMCERNIEMBEREXCLUDED1 NIA
--. -I
(plendatary In NH)..
el, DISEASE -EA EMPLOYEE :$1, CGO, 0GC
It yes desviee under
DESCRIPTION OFOPERA, IONS below
--
: EL DISEASE - POLICY LIMIT S1, 000, COO
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES.. (Attach ACORD 101, Addi4ona1 Remarks Schedule;:rt more space Is mquavi)
*Except 10 Days -or Non - payment of Premium
The City of South Miami is included as an additional
insured when required by written contract. This
policy shall not be cancelled {including canceilavion
for non- payment of premian), terminated; or
See Attached. s.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
The City of South Miami
6130 .Sunset Drive
South Miami ED 33143 AUTHORIZED REPRESENTATIVE
O 1988 -2069 ACORD CORPORATION.
All rights resented::
ACORD 25 (2009109)
The ACORD
name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:: =.0394
LOC #:
ACC>R ADDITIONAL REMARKS SCHEDULE Page, of l
:AGENCY NAMED INSURED
Keyes Coverage Insurance Brandano Displa_va, Tnc..
1473 Ha k„ Road
POLICY NUMBER Margate
.t, 33063
CARRIER N0.7CCODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A:SCHEDULE TO ACORD FORM,
FORM NUMBER:.. 25 FORM TITLE: GSRTTF i i ATE OF LIABILITY INSURANCE
materially modified without first giving. the City of South Miami 'iD days advanced written notice of the
intent to materially Modify the policy or to cannot or zermi'na�e the policy for any reason. '-ne
notification; shall be .mailed vo the City. Please see attached CancttllatioC : Endorsement.
ACORD 101 (8008101) D 2008 ACORD CORPORATION. All rights reserved
The ACORD name and Ingo are registered marks of ACORD
POLICY NUMBER: 21 CES OF1513 it
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE
TO DESIGNATED
SCHEDULE
Number of Days Notice: Name of Certificate Holder:
The City of South Miami
Part A: 30
Part B: 10 Mailing Address:
6130 sunset Drive
Part C. 30 Sough Miami, FL 33143
This policy is subject to the following additional C. If this policy is cancelled by the insured, notice
Conditions when a number of days are shown in the of such cancellation will be provided to the
Schedule for any of the above Parts. certificate holder in the Schedule, within the
A. If this policy Is cancelled by the Company, number of days notice of the cancellation
other than for nonpayment of premium, notice effective date, as shown in Part C.
of such cancellation will be provided to the If notice is mailed, proof of ;mailing notice to the
certificate holder in the Schedule, at least the certificate holder's mailing address as shown in the
number of days in advance of the cancellation Schedule will be sufficient proof of notice. If the
effective date, as shown in Part A. number of days notice in the Schedule for any Part is
B. If this policy is cancelled by the Company for left blank or is shown as zero, no notice will be
nonpayment of premium, notice of such provided to the Scheduled certificate holder under that
cancellation will be provided to the certificate Part.
holder in the Schedule within the number of Any notification rights provided by this endorsement
days notice of the cancellation effective date, apply only to active certificate holder(s) who were
as shown in Part B. issued a certificate of insurance applicable to this
policy's term.
Form IH 03 08 06 11 Page 1 of 1
02011, The Hartford
EXHIBIT 2
Insurance Requirements
1.01 Insurance
A. 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 of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or 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 by a surplus Imes carrier unless authorized:
in writing by the CiTY and such authorization shall be =at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain: the insurance 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 asset 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 similar 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) Pclaims 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.
1.02 Firm's Insurance Genet. 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:
1.03 Workers' Compensation Insurance at the statutory amount as to 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` Liability:
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance,
1.04:. Commercial Comp Ge
rehensive neral Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, sever-ability of interest with
cross liability provision, and 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 occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence,
• Umbrella: $1,000,000 per claim
1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form: with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a'form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
Page 45 of 50
Thomas F. Pepe ;9 -10 -14
(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,
1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($ 1,000;000.00) 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''
1.07 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 section 5.1 above and 5.4 below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable.
1.08 Fire and Extended Coverage lnsurance(Builders' Risk? IF APPLICABLE:
A. 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 CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in 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 all times, be at least
equal to the replacement and actual cash value of the insured property, The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be
clearly not applicable.
1.04 Miscellaneous:
A. 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
B. 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.
C. 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" ter "cross liability" 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.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT 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. Best's 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 by an insurance carrier that is not issuing the policy as a surplus lines carrier and the policy
must remain in full force and effect for the duration of the contract period with the CITY. The FIRM
Page 46 of 50
Thomas F. Pepe 9 -10.14
must provide a "certified copy" of the Policy (as defined in Article I of this document) which shall
include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the
time of delivery of the insurance certificate, the following endorsements if such provision is not already
contained in the policy:
(a) an endorsement to the policy in substantially the following form:
"The City: of South Miami is an additional named insured: with the right but not the obligation to
pay any unpaid premium and providing that the city does not have any duty or obligation to .
provide first notice of claim for any liability it incurs and that arises out of the acts, omissions or
operations of the named insured. The insurer will 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 that is typically
provided under the standard Florida approved forms for commercial general liability coverage A::
and coverage B
(b) an endorsement to the policy in substantially the following form:
"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 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 the City. ":
if the policy does not have a provision or endorsement that provides the City with advanced'
notice of cancellation as required by the City, the contractor may still comply with the City's:
insurance requirement if the contractor provides the City with proof that the policy premium
has been paid in full and provided the contractor makes arrangements with its insurance
company to allow the City to confirm, monthly, that the policy is in full force and effect. In
addition, the Contractor must pay the City a monthly monitoring fee, currently set at $25 per
month, or have the amount deducted from the Contractor's draws /payments,
Page 47 of §0
Thomas F. Pepe 4 -10 -14
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 attorneys fees, paralegal fees and investigative costs
incidental thereto and incurred prior: to, during or: following: any litigationmediation,- 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 or persons 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 officers, affiliates, employees,
successors and assigns, including 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. un''- ° "`
D. The Contractor agrees and recognizes that neither the CITY nor its oft
employees, successors and assigns shall be held liable or responsible for any claims, inciudi
expenses of defending such claims which may result: from or arise out of actions or omissii
its contractor /subcontractor or any of their agents, representatives, employees, or assigns
through or on behalf of the them, and arising out of or concerning the work or event that
CITY`s property, In reviewing, approving or rejecting any submissions or acts of the Contr
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, of
or on behalf of them.
E. : The Contractor has the duty to provide a defense with an attorney or la
City of South Miami, which approval will not be unreasonably withheld.
Page 48 of 50
Thomas F. Pepe ;$ -10 -I4
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